News and Events for Attorneys and Executives

Contracts

Has the Era of the Consumer Class Action Waiver Passed?

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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

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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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Making Sure Your At-Will Employees Remain At-Will

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Employers must ensure that their supervisors do not unwittingly modify the at-will relationship with employees, warns Pullman & Comley.

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Work for Us – Or Else: The Rise of Noncompete Contracts

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Some companies have taken the idea of demanding loyalty through noncompetition agreements a bit too far, writes Alan Greenblatt in Governing.

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Avoiding Accidental Contracts By Email: A Tech-Centric Point of View

Avoiding Accidental Contracts By Email: A Tech-Centric Point of View

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The speed and informality of email can lead to the inadvertent use of contract-forming language, resulting in unintended binding agreements, warns Jason A. Levine, a partner in Vinson & Elkins.

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How to Manage Non-Disclosure Agreements

How to Manage Non-Disclosure Agreements

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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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Hot Topics in Microsoft Enterprise License & Cloud Agreements

Hot Topics in Microsoft Enterprise License & Cloud Agreements

Event, August 23, 2017, 11 a.m. CDT
This free event will discuss traditional and newly developed Microsoft licensing models, principal concerns about current licensing models, types of license agreements, and primary causes of exposure in enterprise-level Microsoft software audits.

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Robotic Review: The Use of Artificial Intelligence in Contract Review

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Russell Kostelak of Proskauer Rose discusses the use of AI in the many phases of contract review: contract creation, contract analysis, and contract due diligence.

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Non-Competition Agreements: Ensuring Enforceability

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A non-competition agreement raises state-law public policy concerns. As a result, states often restrict the scope of non-competition agreements before they will enforce them, warns Mark Koogler in Porter Wright Morris & Arthur’s Federal Securities Law Source.

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Tip #1 for Drafting Executive Employment Agreements: Define “Cause” Broadly

Tip #1 for Drafting Executive Employment Agreements: Define “Cause” Broadly

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Bill Wortel of Bryan Cave advises that an executive employment agreement should include a definition of cause that provides the company with flexibility to terminate an executive for legitimate, non-discriminatory business reasons.

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

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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

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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

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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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5 Contract Management Reports That Can Help You Become a More Strategic GC

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When businesses have large contract portfolios, tracking the contract lifecycle from initiation though award, compliance and renewal can become a burden without the proper reports, according to WoltersKluwer.

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Cloud Solutions: The Danger of ‘Floating’ Contracts

Cloud Solutions: The Danger of ‘Floating’ Contracts

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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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Imagining the Perfect Confidentiality Agreement

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Rather than chase perfection in drafting CDAs, NDAs and other secrecy agreements, the parties should focus on avoiding mistakes, writes Bryan K. Wheelock of Harness Dickey & Pierce.

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Republicans Introduce Bills to Scrap New Bank Arbitration Rule

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The new Consumer Financial Protection Bureau rule would ban banks and other financial institutions from forcing arbitration clauses on customers to prevent them from bringing or joining class-action suits, reports The Los Angeles Times.

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

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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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Should I Have an Arbitration Clause in My Construction Contract?

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Paul W. Norris of Stark & Stark writes there are numerous factors to consider in determining whether mandatory arbitration is the preferred dispute resolution mechanism, or whether the state court system is preferred.

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

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

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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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