News and Events for Attorneys and Executives

Contracts

Microsoft SPLA Self-Assessment – What It Is, and How to Respond

Microsoft SPLA Self-Assessment – What It Is, and How to Respond

Insight
Christopher Barnett of Scott & Scott LLP writes that many of his clients have been contacting his firm in recent weeks regarding notices they received from Microsoft requesting an internal self-assessment of their license positions under their Services Provider License Agreements.

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Business With a Friend: Lessons from a Liftboat Contract

Insight
Charles Sartain, a partner in Gray Reed, uses a recent 5th Circuit ruling on a liftboat construction contract to illustrate his advice on how to administer and perform a contract, especially one with a friend.

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When Contracts and Bankruptcy Collide, a Short Term May Be Better in the Long Term

When Contracts and Bankruptcy Collide, a Short Term May Be Better in the Long Term

Insight
The U.S. Bankruptcy Code has a lot to say about the rights of both the debtor and the non-debtor party once a bankruptcy is filed – often to the chagrin of the non-debtor party, writes Jeffrey A. Krieger, a partner in Greenberg Glusker.

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Mitigating Cyber Risk: Third-Party Service Provider Contract Considerations

Mitigating Cyber Risk: Third-Party Service Provider Contract Considerations

Insight
If data is trusted to a third party, the parameters of what is expected to keep your data safe should be memorialized in a contract with that service provider, writes Marc C. Tucker of Smith Moore Leatherwood LLP.

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Webinar: Contract Compliance – Why it Matters to Procurement

Event, Oct. 24, noon EDT
Determine, Inc. and Jason Busch of Spend Matters will co-host a webinar titled Contract Compliance – Why it Matters to Procurement, on Tuesday, Oct. 24 at noon Eastern time.

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How Lawyers Protect the Harvey Weinstein in Your Workplace

News
NDAs are geared to ensure that the fraction of people who do come forward can’t warn others or bring claims to light, all of which contributes to the culture of silence around workplace harassment, according to Bloomberg Law.

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Webinar: Focus on Higher Value Work – How GC Can Improve Their Contracting Process

Webinar: Focus on Higher Value Work – How GC Can Improve Their Contracting Process

Event, Nov. 1, and on-demand
ContractWorks will host a complimentary live webinar titled “Focus on Higher Value Works: How General Counsel Can Improve Their Contracting Process” on Wednesday, Nov. 1, at 11 a.m. Pacific time.

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How to Structure Global Mobility Assignments, Expatriate Postings and Cross-Border Secondments

How to Structure Global Mobility Assignments, Expatriate Postings and Cross-Border Secondments

Insight
In structuring overseas postings, multinationals inevitably struggle with the interplay between expatriate assignment strategy and the legal ramifications of a particular foreign posting, points out Donald C. Downling, a shareholder in Littler Mendelson P.C.

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‘Commercially Reasonable Efforts,’ ‘Best Efforts’ and Similar Standards

Insight
These contracting terms are inconsistently interpreted by courts and are often subjectively applied, warns Morrison Foerster.

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Construction Contracts, Third Party Claims and Tort Law Liability

Insight
Carl R. Pebworth, a partner in Faegre Baker Daniels, asks and answers the question: What tort obligations does a design professional on a construction project owe to non-parties – like, for example, the persons who will use what has been designed after it is built?

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Lessons Learned: Vendor Sued in Class Action Suit for Security Misses

Lessons Learned: Vendor Sued in Class Action Suit for Security Misses

Insight
A recent federal class action suit filed in Pennsylvania against Aetna and its vendor illustrates several new privacy and security considerations for vendors and their customers, writes Eric Begun of King & Fisher.

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Why Lawyers Won’t Be Replaced By Smart Contracts

Insight
The smart contract carries out what it is programmed to do, and that’s it. It doesn’t think independently, nor does it provide any reasoned analysis, writes Gary J. Ross.

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Will the Supreme Court End Employment Contract Arbitration Clauses?

Will the Supreme Court End Employment Contract Arbitration Clauses?

Insight
The relevant cases being considered are from the 5th Circuit, which found the arbitration clause did not violate the NLRA, and the 7th and 9th circuits, which found similar clauses unenforceable.

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2017 AIA Contract Documents Update

Insight
Cozen O’Connor has published an update that reviews the new construction contract documents adopted by the American Institute of Architects (AIA).

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Onit to Unveil Contract Lifecycle Management at ACC

Onit to Unveil Contract Lifecycle Management at ACC

Event, Oct. 16-18
Onit will unveil its Contract Lifecycle Management (CLM) solution at the 2017 ACC Annual Meeting in Washington, DC,, Oct. 16-18.

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Undefinitized Contracts – Turner Construction Co. v. Smithsonian Institution

Insight
The Civilian Board of Contracts Appeals recently issued a decision addressing how a board should respond if the contracting parties cannot agree to a firm price for an undefinitized contract that a contractor fully performs, reports Bradley Arant Boult Cummings LLP.

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An Interview with Annamaria Porcaro, Associate GC, Contracts at Ascena Retail Group

Insight
Annamaria Porcaro, associate general counsel, contracts at Ascena Retail Group and winner of the General Commercial Individual of the Year award at the 2017 Global Counsel Awards, gives her opinion on what it takes to be a successful in-house counsel

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Key Commercial Questions When Contracting for Digital Health Solutions

Insight
Covington’s Digital Health team considers some key questions that companies across the life sciences, technology, and communications industries should be asking as they seek to fit together the regulatory and commercial pieces of the complex digital health puzzle.

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Are Noncompetes With Independent Contractors Enforceable?

Insight
An article on the website of Fisher & Phillips discusses the question: Will a noncompetition agreement be enforceable against the independent contractor?

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Unlock the Secrets to Purchasing Contract Management

Unlock the Secrets to Purchasing Contract Management

Insight
Conga has published The Ideal Buyer ‘s Guide to CLM, to help users learn more about the steps to take to identify the ideal contract management platform for an organization.

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