News and Events for Attorneys and Executives

Commercial

If You Trademark It, Then You Better Put a Ring on It

If You Trademark It, Then You Better Put a Ring on It

News
Dallas lawyer Chris Schwegmann, a partner at Lynn Pinker Cox & Hurst who tries intellectual property cases, offers some insight on the Tiffany v. Costco dispute.

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Why Tiffany & Co.’s $19.4M Court Win Against Costco Is Correct – And Important

Why Tiffany & Co.’s $19.4M Court Win Against Costco Is Correct – And Important

News
A Forbes contributor says the lawsuit is an example of how selling specialized products without a deep understanding of them can be disastrous (and potentially quite expensive) for the retailer.

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GM Accuses Bankruptcy Trust of Secret $1 Billion Stock Plot

GM Accuses Bankruptcy Trust of Secret $1 Billion Stock Plot

News
As Bloomberg’s Erik Larson explains, the accord will pit GM against the “Old GM” General Unsecured Creditors Trust for the first time since the 2009 bankruptcy sale created the split to save the company.

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Cloud Patent Claim Risks and Providers’ Evolving Contractual Responses

Cloud Patent Claim Risks and Providers’ Evolving Contractual Responses

Insight
Richard Kemp discusses how Cloud Service Providers are addressing the growing risks to service availability from patent claims.

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Has the Era of the Consumer Class Action Waiver Passed?

Insight
As a result of a rule imposed by the Consumer Financial Protection Bureau, consumer contracts entered into after March 19, 2018, with a wide range of consumer financial services companies will need to be revised in regard to their agreements’ arbitration clauses.

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11th Circuit Holds Arbitrators Have Venue-Setting Authority in International Arbitrations

11th Circuit Holds Arbitrators Have Venue-Setting Authority in  International Arbitrations

Insight
Alston & Bird asks and answers the question: In an international arbitration, when an arbitration provision is ambiguous about the seat of the arbitration, who resolves the question?

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Defendant Company Faces Bad Faith Discovery Spoliation Tag

Defendant Company Faces Bad Faith Discovery Spoliation Tag

News
A federal judge concluded last July that Plantronics had engaged in bad faith discovery spoliation, and demonstrates the far reaching consequences of discovery reports Bloomberg Law.

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How to Manage Non-Disclosure Agreements

How to Manage Non-Disclosure Agreements

Insight
Aliya Ramji, director of legal and business strategy for Figure 1 Inc., responds in ACC Docket to a question from a corporate lawyer who asks about the most important parts of a non-disclosure agreements.

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Newlyweds Ordered to Pay Photographer More Than $1M In Damages

News
Do words matter? A Dallas County jury recently ruled — to the tune of $1 million — that they do, according to a post by Androvett Legal Media & Marketing.

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Law Firm Releases Documents in Litigation, Angering Monsanto

Law Firm Releases Documents in Litigation, Angering Monsanto

News
Monsanto said it was outraged by the documents’ released in the Roundup litigation by Baum, Hedlund, Aristei & Goldman, reports The New York Times,

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Three Ways to Indemnify Your Business (Or Your Client’s Business) From Smart Contract Risks

Insight
The Steptoe Blockchain Blog, suggest three tools to address smart contract risks, including cybersecurity insurance policies, indemnification agreements, and “make whole” agreements.

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Negotiating Technology Contracts: On-premise vs. Cloud and Hosted Software

Negotiating Technology Contracts: On-premise vs. Cloud and Hosted Software

Insight
Stephen F. Pinson of Scott & Scott explains the key considerations and contractual provisions when deciding to utilize a hosted software cloud solution versus on-premise software solutions.

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Agreed Damages or Unenforceable Penalties – Drafting to Affirm the Former and Avoid the Latter

Insight
Practitioners seeking to ensure that agreed damages provisions are enforceable should avoid limiting the items of loss for which the agreed damages are providing compensation and constitute a legitimate pre-estimation, advises Glenn West of Weil, Gotshal & Manges LLP.

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Cloud Solutions: The Danger of ‘Floating’ Contracts

Cloud Solutions: The Danger of ‘Floating’ Contracts

Insight
Today, more and more agreements are comprised of some brief general terms and conditions that reference various online terms provided through URLs, which can change at any time, according to Mike Overly of Foley & Lardner.

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Succession Planning: It’s Not Just for Emergencies

Event, Sept. 7, 2017, 1 p.m. EDT
The heart of succession planning is identifying and building your future leadership at all levels, according to TrainHR.

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New Jersey GC Sentenced to Prison in $2.4M Timeshare Scam

News
The Philadelphia Business Journal is reporting that the former general counsel of an New Jersey timeshare consulting service was sentenced to a year in prison for conspiring to obstruct justice, according to The Philadelphia Business Journal.

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Why This Group is Trying to Stop Amazon From Buying Whole Foods

News
Marc Perrone, president of the United Food and Commercial Workers International Union, sees Amazon the way some Rust Belt workers see global trade — as a threat to American jobs, reports The Washington Post.

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Are You Prepared for GDPR? Take the Survey

Are You Prepared for GDPR? Take the Survey

Survey
To gauge readiness for GDPR across industries and global regions, Yerra and Blickstein Group have launched an industry survey to help benchmark where global corporations are in their preparations.

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Case Study – An Inside Look at PayPal’s ELM Implementation

Case Study – An Inside Look at PayPal’s ELM Implementation

Insight
During the 2017 CLOC Annual Legal Operations Institute in Las Vegas, Onit and PayPal presented a session titled, “Next Generation Enterprise Legal Management (ELM): People. Process. Automation.”

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Dot Your I’s, Cross Your T’s, and Place Your Commas

Insight
Guiding principles regarding the use of commas and other writing conventions should be strongly considered when drafting contracts, for example, as including or excluding a comma in a particular contract provision may ultimately determine whether a company owes or is owed millions of dollars in a subsequent dispute, , points out Hyatt & Weber P.A.

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