Counsel News and Events for Attorneys and Executives

Archive for September, 2016

Additional Insured By Written Contract Clause Construed to Bar Coverage

Insight
New York courts will interpret insurance policies based on the plain meaning of the words used by the parties and will not alter the contracts for equitable reasons if the language is clear and unambiguous, writes Larry P. Schiffer of Squire Patton Boggs.

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Beware of the Tax Traps of Employer-Owned Life Insurance Contracts

Beware of the Tax Traps of Employer-Owned Life Insurance Contracts

Insight
In closely held businesses, it is common practice to provide for the succession of the business upon the death of an owner, writes Mitchell Goldberg of Berger & Singerman.

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When Arbitration Is Favored Despite USERRA Violations

Insight
The Eleventh Circuit found in Bodine v. Cook’s Pest Control Inc. that an arbitration agreement in an employment contract is enforceable despite the fact that certain provisions of the arbitration agreement violate the Uniform Services Employment and Reemployment Rights Act of 1994 (USERRA).

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Facebook and Its Lawyers Slammed by Judge in Terrorism Suits

Facebook and Its Lawyers Slammed by Judge in Terrorism Suits

News
The judge also chewed out the company’s law firm, saying “it is outrageous, irresponsible and insulting” for sending a first-year associate to handle the hearing.

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Bay Area Shareholder Sues Wells Fargo Over Unauthorized Accounts

Bay Area Shareholder Sues Wells Fargo Over Unauthorized Accounts

News
Shareholder William Sarsfield said a federal investigation “exposed a far-reaching, systemic breakdown in corporate governance” at the bank, reports SFGATE.

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Oh, No… Did Apple’s GC Unload Too Early?

Oh, No… Did Apple’s GC Unload Too Early?

News
Apple Computers’ stock surged 11 percent in the past week — unfortunately too late for five Apple executives, including the company’s general counsel — who unloaded a massive amount shares in August, according to Bloomberg.

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Labor and Real Estate Tax Lawyers Join Buchalter in Scottsdale

News
Buchalter announces that its Scottsdale office is growing with three new additions, including Laurent Badoux as a shareholder in the firm’s Labor & Employment Practice Group.

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30 Farrell Fritz Attorneys Recognized as 2016 Leading Lawyers

News
Farrell Fritz had a combined total of 30 attorneys selected to the 2016 New York Metro Super Lawyers and New York Metro Rising Stars lists.

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How to Write an Arbitration Clause for Offshore Outsourcing Deals

How to Write an Arbitration Clause for Offshore Outsourcing Deals

Insight
Incorporating an effective arbitration clause into international outsourcing contracts is critical, writes Stephanie Overby for CIO magazine.

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Just CRAZY About Tiffany’s? Don’t Use Their Name

Just CRAZY About Tiffany’s? Don’t Use Their Name

News
A trial has begun for the case in which Tiffany & Co. sued Costco, claiming that the warehouse giant sold more than $6 million of ersatz Tiffany engagement rings and improperly used the jeweler’s name on at least 200,000 in-store signs.

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Big Law Business Summit – West

Event, Oct. 27
Bloomberg Law invites leaders of big law – the top law firms in the country and the legal departments they serve – to the Big Law Business Summit – West.

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New Risk for GCs – Contracts With Human Rights Clauses

New Risk for GCs – Contracts With Human Rights Clauses

Insight
A survey of 275 GCs and senior counsel found that 46 percent of businesses now have a human rights policy in place. For companies in the $10bn+ revenue bracket, that figure rises to 84 percent, reports Legal Business.

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Employers Under Fire for Improper Use of Independent Contractors

News
Two Gulf Coast oilfield services and marine staffing firms recently agreed to pay more than $500,000 in fines to settle federal lawsuits that alleged they skirted employment rules and overtime laws by improperly paying workers as contractors to reduce overtime costs.

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Florida AG Defends Decision to Take Money From Trump

Florida AG Defends Decision to Take Money From Trump

News
Florida Attorney General Pam Bondi said she had no regrets about asking Donald Trump for money and no regrets about keeping the donation even after New York Attorney General Eric Schneiderman had filed a lawsuit against Trump University, reports the Associated Press.

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Patent Enforcement Company Slams Apple with $22M Verdict After East Texas Trial

Patent Enforcement Company Slams Apple with $22M Verdict After East Texas Trial

News,br>Acacia Research Corp., the largest publicly traded patent-assertion entity, won a $22.1 million verdict against Apple, reports Ars Technica.

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Texas-Sized Business: Critics, Lawyers Discuss Controversy Behind Personal-Injury Attorneys

News
Jim Adler, who bills himself as the “Texas Hammer,” Adler can be seen in TV spots standing on semitrucks telling viewers he “will hammer the big trucking companies down to size.”

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New Comparator Apps Compare Courts, Judges, Law Firms

News
Lex Machina, a LexisNexis company, announced two new applications – Courts & Judges Comparator and Law Firms Comparator – designed to compare courts, judges and law firms.

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Checklist: Modernize Your D&O Questionnaire

Checklist: Modernize Your D&O Questionnaire

Insight
The Center for Board Excellence is offering for free download a checklist aimed at modernizing directors and officers questionnaires. The checklist uses CBE’s cloud-based platform.

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Bankruptcy Trustee Dismisses Case After Expert Fails On Cross Examination

News
The trustee for a bankrupt company decided to drop his lawsuit after watching his expert witness cross examined by an attorney from Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C.(AZA), clearing AZA’s clients of claims that they received fraudulently transferred company assets, the firm reports in a news release.

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Has VW Beat Back Its Auto Scandal?

Has VW Beat Back Its Auto Scandal?

News
About one year after revelations surfaced that Volkswagen AG rigged its diesel cars to cheat emissions tests, it has somehow emerged as “the world’s biggest automaker” in the first six months of 2016, outselling Toyota during that period, according to a Bloomberg News report.

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