News and Events for Attorneys and Executives

Commercial

How to Guarantee Bad Performance From Your Vendors

Insight
A well-crafted master services agreement for outsourced services can create a powerful alliance between you as the customer and the service provider or vendor, writes Matt Hafter for Thompson Coburn LLP. Then there’s the other kind of agreement.

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Defining Personal Information in Contracts

Insight
The terms “personal information,” “personal data,” “personally identifiable information,” and “PII” are often left undefined in contracts and treated as if they were terms of art for which there was a single definition, points out David A. Zetoony of Bryan Cave.

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The 5 Most Overlooked Elements Of NDAs

Insight
Tom Kulik of Dallas-based Scheef & Stone writes about a trend toward companies and counsel using rote reliance on forms for non-disclosure agreements without thinking through the implications.

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Liquidated Damage Provisions – A Good Idea or an Unenforceable Penalty?

Insight
A post by Joshua M. Pellant of Faegre Baker Daniels discusses the use of  a provision for a stipulated or “liquidated” damage amount in the event of specified contract breaches in construction contracts.

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ADA Website Wars Coming to a Retailer Near You

News
A federal judge in Florida found that a grocery chain’s website was inaccessible to visually impaired individuals and thus violated the ADA because features such as the website’s online coupons and pharmacy could not be accessed using a screen reader.

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2017 Litigation Finance Survey Shows Continued Growth

2017 Litigation Finance Survey Shows Continued Growth

Insight
Global finance firm Burford Capital announced the results of its 2017 Litigation Finance Survey of lawyers and financial professionals at law firms and companies in the US, UK and Australia. The independent research builds on prior surveys commissioned by Burford to study third-party funding of commercial litigation and arbitration.

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Announcing LawGeex 4.0 – Contract Review Automation

Announcing LawGeex 4.0 – Contract Review Automation

News
LawGeex combines machine learning algorithms and text analytics to quickly review and approve everyday contracts, helping businesses answer the question “Can I sign this?”

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Equifax Execs Sold Shares Before the Hack Was Announced – But Was It Insider Trading?

Equifax Execs Sold Shares Before the Hack Was Announced – But Was It Insider Trading?

News
Los Angeles Times reporter James Rufus Koren examines the question: Did three Equifax executives, including the chief financial officer, engage in insider trading when they sold thousands of shares in the days after the company discovered a massive security breach?

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Landmark Second Circuit Ruling Clarifies the Standards for Mobile Contracts

Landmark Second Circuit Ruling Clarifies the Standards for Mobile Contracts

Insight
A recent ruling clarifies the standards for contract formation in the age of smartphones and mobile contracting, providing important guidance to companies about how to design enforceable mobile contracts, reports Coblentz Patch Duffy & Bass.

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Construction Contracts and Arbitration Provisions: Is the Word “May” Mandatory? Maybe!

Insight
the Supreme Court of Virginia held that the parties’ use of the word “may” in the dispute resolution provisions of their construction contract required mandatory participation in arbitration at the election of one of the parties.

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Mother Nature Is Tough – How About Your Contracts?

Mother Nature Is Tough – How About Your Contracts?

Insight
What happens to supply contracts when a natural disaster floods entire cities, shuts down factories, cuts off warehouses, washes trucks off the road, and essentially brings an entire supply chain to a screeching halt?

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Widening Your Moat: Using Continuation Applications to Protect Commercially Successful Products

Widening Your Moat: Using Continuation Applications to Protect Commercially Successful Products

Event, Sept. 28
Fitch, Even, Tabin & Flannery LLP will present a free webinar, “Widening Your Moat: Using Continuation Applications to Protect Commercially Successful Products,” featuring Fitch Even partners Jonathan H. Urbanek and Mark A. Borsos.

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Equifax Faces Multibillion-Dollar Lawsuit Over Hack

Equifax Faces Multibillion-Dollar Lawsuit Over Hack

News
Bloomberg reports that a proposed class-action lawsuit was filed against Equifax Inc. late Thursday evening, shortly after the company reported that an unprecedented hack had compromised the private information of about 143 million people.

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Trump Lawyers Urge Supreme Court to Rule for Colorado Cake Maker Who Turned Away Gay Couple

News
The brief filed Thursday is likely to bolster the cake maker’s case, and is in line President Trump’s repeated promises to protect “religious liberty,” according to The Los Angeles Times.

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VW Engineer Sentenced to 40-Month Prison Term in Diesel Case

VW Engineer Sentenced to 40-Month Prison Term in Diesel Case

News
A federal judge in Detroit sentenced former engineer James Liang to 40 months in prison for his role in Volkswagen AG’s multiyear scheme to sell diesel cars that generated more pollution than U.S. clean air rules allowed, Reuters is reporting.

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8 Signs You Need Contract Automation

8 Signs You Need Contract Automation

Insight
Conga offers some tips on making the decision whether to look into contract automation.

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Smart Contracts as Pre-Commitment Devices on a Blockchain

Smart Contracts as Pre-Commitment Devices on a Blockchain

Insight
Max Gulker of the American Institute for Economic Research Gulker explains that pre-commitment strategies are useful in mitigating some types of fraud.

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Stays of Contract Award and Performance (Post-Award Protest Primer #6)

Stays of Contract Award and Performance (Post-Award Protest Primer #6)

Insight
Daniel Chudd and James Tucker of Morrison Foerster continue their discussion of stays of contract award and performance with an examination of the issue during the pendency of a bid protest.

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No Signature? No Problem! Enforcing Arbitration Even Without Everyone Signing

Insight
California courts are often hostile toward defendants that seek to require litigious employees to honor their arbitration agreements, warns Michael Wahlander of Seyfarth Shaw.

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Samsung Lader Jay Y. Lee Given Five-Year Jail Sentence for Bribery

Samsung Lader Jay Y. Lee Given Five-Year Jail Sentence for Bribery

News
A South Korean court on Friday convicted the heir to the Samsung business empire of bribery and embezzlement and sentenced him to five years in prison, The New York Times reports.

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