News and Events for Attorneys and Executives

Commercial

Keys to Negotiating Indemnity Agreements

Insight
It’s imperative that your company’s risk management and legal departments strategically manage indemnification and insurance obligations to minimize the always increasing cost-of-business demands, writes Buldas of Pietragallo Gordon Alfano Bosick & Raspanti L.L.P. in Pittsburgh.

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How to Build a Solid Contractual Risk-Transfer Program

How to Build a Solid Contractual Risk-Transfer Program

Insight
Without a properly structured risk-transfer program, a general contracto, owner or property manager could assume financial responsibility unnecessarily for losses caused by a third party, warns Tommy Williams, USI Uniondale vice president.

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How Boards Must Think Differently in Today’s Digital Landscape

How Boards Must Think Differently in Today’s Digital Landscape

On-Demand
In a video discussion, Alex Schmelkin, board member with Essendant and founder & CEO of Cake & Arrow, outlines several approaches that boards can take to better understand the “end user” no matter the organization or industry.

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A Primer on Deal Structure and Its Implications on the Sale of a Business

Insight
Jeremy S. Piccini discusses a few examples of the ideal target purchasers for a sale, including strategic competitors, private equity buyers, and employee stock ownership plans.

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Assessing the Ability to Change Culture – Complimentary Article from NACD

Assessing the Ability to Change Culture – Complimentary Article from NACD

Insight
The NACD has published a complimentary article titled “Assessing the Ability to Change Culture,” providing a quick overview of best practices set forth in the Report of the NACD Blue Ribbon Commission on Culture as a Corporate Asset.

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Key Provisions for Supply Chain Contracts

Insight
By paying careful attention to the terms of its supply chain contracts, a company can help to mitigate its risks while at the same time maximizing the value of its supply chain, according to a Foley & Lardner post on its website.

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Three Legal Pitfalls to Avoid in Blockchain Smart Contracts

Insight
While the use of smart contracts is tempting, this silver bullet of efficiency and lower costs doesn’t come without potential problems, warns Gregg M. Jacobson of Chamberlain Hrdlicka.

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6 Essential ‘TENANT’ Tips for Negotiating a Commercial Lease

6 Essential ‘TENANT’ Tips for Negotiating a Commercial Lease

Insight
Real estate lawyer Laura A. Drossman uses a handy acronym to illustrate some of the issues and some tips for tenants approaching lease negotiations in a commercial setting.

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AT&T Would Win a Fight With DOJ Over Time Warner Deal, Analyst Says

AT&T Would Win a Fight With DOJ Over Time Warner Deal, Analyst Says

News
AT&T and the Justice Department could be on their way to a major court battle, which one analyst believes the company stands a strong chance of winning, CNBC reports.

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Insurance Giant Receives New York Subpoena on Sales Practices

News
New York’s attorney general has subpoenaed TIAA, the giant insurance company and investment firm, seeking documents and information relating to its sales practices, according to people briefed on the inquiry, reports The New York Times.

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Defending Breach-of-Contract Claims in Data-Breach Litigation

Insight
A post on the What’s Fair? blog on the Ellis & Winters LLP website discusses a recent federal appellate decision that shows how data-breach lawsuits premised on overpayment theories – which often assert claims sounding in contract – still face an uphill battle.

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Billionaire CEO Shuts Down Publications After Vote to Unionize

News
The CEO of a group of digital local news sites shut down the publications a week after reporters and editors in the combined newsroom of DNAinfo and Gothamist voted to join a union, reports The New York Times.

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Dealmakers Increasingly Optimistic About M&A Market and U.S. Economy in Dykema Survey

Dealmakers Increasingly Optimistic About M&A Market and U.S. Economy in Dykema Survey

Insight
Respondents to Dykema’s 13th Annual M&A Outlook Survey expressed an overall bullish viewpoint of the economy and U.S. M&A market, bringing a new level of optimism, not seen in several years.

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GCs Taking the Heat in Congressional Grilling of Social Media Giants

News
Sen. Mark Warner chided Facebook General Counsel Colin Stretch for his “I will have to come back to you on that, sir” reply to a question on cross-checking fake accounts.

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U.S. States Allege Broad Generic Drug Price-Fixing Collusion

U.S. States Allege Broad Generic Drug Price-Fixing Collusion

News
The states said the drugmakers and executives divided customers for their drugs among themselves, according to Reuters.

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Allocation of Data Breach Risks and Costs in Vendor Contracts: Negotiate, Negotiate, Negotiate

Allocation of Data Breach Risks and Costs in Vendor Contracts: Negotiate, Negotiate, Negotiate

Insight
If the organization’s sensitive data is breached while under the control of a vendor, the vendor’s only obligation is to notify the organization, warns Anne S. Peterson of McGuireWoods.

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Timing is Vital in a Release Clause in Any Settlement Agreement

Timing is Vital in a Release Clause in Any Settlement Agreement

Insight
Lawyers – particularly those representing plaintiffs – should give thoughtful attention to the timing of a release clause in any settlement agreement, advises Lisa B. Markofsky in a post for Proskauer Rose LLP.

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Leaving the Contractual Term ‘Voting Power’ Undefined Could Be Risky Business

Insight
Any attorney who regularly drafts stock purchase agreements, voting agreements, or other contracts that use the term “voting power” would do well to take note of a recent ruling, according to an article on the website of Patterson Belknap Webb & Tyler LLP.

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A Lesson from the 3rd Circuit on Arbitration Clauses: Say What You Mean

Insight
A recent decision by the United States Court of Appeals for the Third Circuit is a reminder that – for an arbitration clause to apply in certain situations or to certain parties – that intention must be built into the plain terms of the contract.

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Silicon Valley Software Startup, Ex-CEO Fined Nearly $1M

Silicon Valley Software Startup, Ex-CEO Fined Nearly $1M

News
Zenefits will pay a $430,000 penalty and the co-founder/former chief executive has been fined more than $533,000, Reuters reports.

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