News and Events for Attorneys and Executives

Commercial

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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My Smart Contract Just Ate $14 Million – Now What?

My Smart Contract Just Ate $14 Million – Now What?

InsightM
A digital currency exchange reported recently that a malfunction in a smart contract is responsible for a $14 million dollar loss of the cryptocurrency ether, reports Jared Butcher in the Steptoe Blockchain Blog.

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Qualcomm Accuses Apple of Infringing Six Patents in iPhone, iPad

Qualcomm Accuses Apple of Infringing Six Patents in iPhone, iPad

News
Qualcomm said it will ask the U.S. ITC to ban imports of the Apple devices that use the chips. The company also filed suit in federal court in California on Thursday to request monetary damages, reports Reuters.

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Post M&A Disputes: Breach of Indemnification Clauses in M&A Contract

Insight
Baker McKenzie’s Global Arbitration News has posted an article discussing the difficult questions raised in both substantive and procedural law by indemnification clauses in share purchase agreements. 

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Legal Developments Encourage the Use of Smart Contracts in the United States

Insight
An alert from Pillsbury Winthrop Shaw Pittman takes a look at some new laws in the United States that provide a clear indication that smart contracts will be impactful.

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Law Firm Not Liable for $1.5B Loan Gaffe

Law Firm Not Liable for $1.5B Loan Gaffe

News
A recent ruling means that entities that loaned General Motors $1.5 billion before it went bankrupt cannot sue GM’s law firm, Mayer Brown, for accidentally canceling the collateral on the loan, Courthouse News Service is reporting.

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Bailey Brauer Helps Secure Appellate Win in Texas Partnership Liability Battle

News
In a decision relying on the Fifth Circuit Court of Appeals’ application of a 19th century court ruling to Texas general partnership liability law, an agricultural wholesaler will be allowed to enforce a judgment against individual partners of a defunct agribusiness partnership.

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Drafting and Negotiating IP & IT Provisions in M&A Transactions

Drafting and Negotiating IP & IT Provisions in M&A Transactions

Event, June 28, 2017, 1 p.m. EDT
Practical Law will present a free 75-minute webinar discussing IP and information technology considerations in drafting and negotiating M&A agreements.

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Judge Rips Lawyers in IP Rift; Will Award Fees to Defendants

Judge Rips Lawyers in IP Rift; Will Award Fees to Defendants

News
The judge called the lawsuit “frivolous” and concluded that awarding fees to the defendants “would much better serve the purposes of the Copyright Act than the denial of such awards.”

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The Dumbest Class Action Claim Ever

The Dumbest Class Action Claim Ever

News
The Milwaukee Journal Sentinel reports on a pair of class-action lawsuits against Home Depot and Menards that Above the Law calls “the dumbest class action claim ever.”

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Supreme Court Ruling in Drug Case Could Have Big Implications for Product Liability

News
A Supreme Court decision could make it harder for large groups of plaintiffs to sue corporations in state courts for damages caused by manufacturers’ products, reports Politico.

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Webinar: Avoiding Construction Claims and Disputes

On-Demand
A Baker Tilly on-demand webinar provides an overview of strategies to identify potential claims scenarios and potential resolutions available to mitigate claims.

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Legal Aspects of Smart Contract Applications

Legal Aspects of Smart Contract Applications

Insight
Perkins Coie has published a white paper that offers an initial analysis of the legal aspects of five prominent smart contract use cases.

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