News and Events for Attorneys and Executives

Contracts

Benefits and Challenges of Robotized Arbitration

Benefits and Challenges of Robotized Arbitration

Insight
Big data and e-discovery can assist counsel in document management and reduce the risk of human error during discovery, write Winston Maxwell and Gauthier Vannieuwenhuyse of Hogan Lovells.

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Contractual Allocation of Intellectual Property Ownership

Contractual Allocation of Intellectual Property Ownership

Insight
Before entering into a business deal where intellectual property rights are implicated, it is usually better for the parties to spell out ownership rather than leave intellectual property ownership to be allocated by default laws, advises Morgan, Lewis & Bockius.

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Are Your Employees’ Electronically-Signed Agreements Enforceable?

Are Your Employees’ Electronically-Signed Agreements Enforceable?

Insight
In several recent cases, employees have disputed that they electronically acknowledged an agreement with their employer,” writes Drew York for Gray Reed & McGraw.

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Texas Court Holds Drop in Oil Prices is Not Force Majeure

News
Oil and gas operators should be careful to expressly identify any market-based risks that they want to encompass within force majeure provisions, advises Liskow & Lewis.

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Webcast: Compliance and Contract Management

Webcast: Compliance and Contract Management

Webinar, June 27, 2018, 2 p.m. EDT
Compliance Week will present a webcast titled “Compliance and Contract Management – The Right People, Process & Technology” to highlight effective strategies and considerations to maintain compliance with contractual agreements in the U.S. and abroad.

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Walmart Sues Its Former Head of Tax for Jumping to Amazon

News
Walmart is trying to block Lisa Wadlin, Walmart’s senior VP and top tax executive, from taking the Amazon position until May 2020 and bar her from handing over “sensitive business information obtained at Walmart,” reports Bloomberg.

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Ask and You Shall (Not?) Receive: Retained Acreage Clauses and the Texas Supreme Court

Ask and You Shall (Not?) Receive: Retained Acreage Clauses and the Texas Supreme Court

News
Two Texas Supreme Court decisions confirm that retained acreage clauses that vary in language from one instrument to another will likely vary in effect, according to Gray Reed & McGraw’s Energy & the Law blog.

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Encountering Common Technology Contracts

Encountering Common Technology Contracts

Insight
Corporate counsel often hire external technology lawyers to review, draft, or negotiate technology contracts such as software licensing agreements because of their ability to identify software licensing issues, resolve complex licensing models, and compare the subject deal to the many other unique technology contract structures to solve problems, according to a blog post by Kirkpatrick Law.

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Restrictive Covenants in Non-Compete Agreements: Broader is Not Better

Insight
The opinion demonstrates why it is so important to limit the activities prohibited by a restrictive covenant, as well as the geographic scope and duration, to what is reasonably needed to protect the employer, according to Roetzel & Andress.

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The Not-So-Powerful Non-Disclosure Agreement

Insight
There are some methods other than using NDAs to protect one’s business or personal information, advises Marwa Elzankaly of McManis Faulkner.

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Fifth Circuit Allows Non-Signatories to Enforce Arbitration Agreement

News
The Fifth Circuit has affirmed an order compelling arbitration, despite the fact that the parties seeking to compel arbitration were not signatories to the relevant arbitration agreement, according to Carlton Fields.

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Sheppard Mullin Conflict Waiver Case Puts Big Fee at Stake

News
The question for this case of first impression is whether a law firm needs to tell a sophisticated client about a specific conflict when it arises, or whether the firm can instead rely a boilerplate advance conflict waiver in the client’s engagement agreement, reports Bloomberg Law.

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U.S. Intellectual Property Ownership – Default Laws

Insight
In order for a tech company to determine how to protect its intellectual property, the company should understand how the key intellectual property rights work, according to Morgan Lewis.

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Avoid Prejudgment Interest By Expressly Saying So in the Contract

Insight
Striking an interest provision from a draft subcontract wasn’t enough to keep a party to the agreement from being required to pay interest, according to a review of a Missouri case by in Pepper Hamilton’s Constructlaw blog.

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Shhh … Don’t Tell Anyone: Tips on NDAs

Insight
When considering entering into a non-disclosure agreement between two commercial entities, the first question to ask is whether it is necessary for either party to be disclosing confidential information, writes Kathleen Wegrzyn for Foley & Lardner.

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Trump Brand Loses Trademark Licensing Dispute – Rules of Contract Law Prevail

Insight
When a dispute involves the Trump brand for residential buildings, the adjudication of rights and obligations under a trademark license agreement can become national news, according to a Dorsey blog post.

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Download: Top 6 Legal Risks of Electronic Signatures and E-Transactions

Download: Top 6 Legal Risks of Electronic Signatures and E-Transactions

Insight
This paper outlines the top six legal risks to be aware of, and how to prevent fraud, repudiation and increase admissibility and compliance when executing transactions digitally.

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NDAworks Introduces Automation of NDAs

NDAworks Introduces Automation of NDAs

News
The company says on its website that NDAWorks helps manage the signing, tracking and storing of a company’s NDAs from a central, secure location.

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Gauri Prakash-Canjels, Ph.D. Has Joined Litigation Economics

Gauri Prakash-Canjels, Ph.D. Has Joined Litigation Economics

News
Gauri Prakash-Canjels, Ph.D. has joined Litigation Economics, LLC as a principal in its Washington, DC office.

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Make Releases Work for You in Government Contracting

Insight
A well-crafted subcontract, a release, and trained employees are proactive measures a contractor can take to mitigate the risk of subcontractor claims, according to PilieroMazza.

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