Archive for September, 2016
Key E-Discovery Concepts: Processing 101 for Attorneys
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kCura offers a close look at key concepts behind processing — a technical but critical aspect of any e-discovery project.
Freedom of Contract? An Agreed Damages Clause May Not Actually Be Agreed
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The right of contracting parties to obligate themselves to one another has always been subject to certain statutory limitations, as well as those imposed by the common-law principles that govern the enforcement of contracts generally, writes Glenn West for Weil, Gotshal & Manges LLP.
Circuit Split Widens Over Enforceability of Arbitration Agreements Containing Class/Collective Action Waivers
Insight
Polsinelli shareholder James C. Sullivan writes about how unsettled the law is on employer/employee arbitration provisions containing class/collective action waivers.
ExxonMobil Accounting Practices Probed By New York Attorney General
News
New York Attorney General Eric Schneiderman is investigating why Exxon Mobil Corp. hasn’t written down the value of its assets, two years into a pronounced crash in oil prices, reports The Wall Street Journal.
Federal Circuit Affirms Disqualification of Counsel, Dismissal of Patent Complaint
News
The Federal Circuit has affirmed a Western District of Texas decision disqualifying counsel for plaintiff Dynamic 3D Geosolutions LLC and dismissing its patent infringement complaint Schlumberger Ltd. without prejudice, reports IPWatchdog.
Deutsche Bank Rebuffs $14 Billion Settlement Demand in U.S. Mortgage Probe
News
Deutsche Bank AB is saying it has no intention of paying the U.S. Justice Department’s demand of $14 billion to settle high-profile probes into its packaging of mortgages in the run-up to the financial crisis, reports MarketWatch.
Court Upholds Enforceability of ‘Clickwrap’ Employee Agreement
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If you want your electronic contracts to be enforceable, it is a best practice to require the counterparty to affirmatively accept the contract by checking a box or clicking a button, write Nikita A. Tuckett and Aaron Rubin on Morrison & Foerster LLP’s Socially Aware blog.
Strengthening the Board’s Oversight of M&A
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The National Association of Corporate Directors has made available a free executive summary of “Director Essentials: Strengthening the Oversight of M&A.”
White Paper: Electronic Signature Security & Trust
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It is important to make sure your electronic signature provider meets the highest security standards, according to a white paper from eSignLive. Security is at the core of a trusted digital experience between you, your employees and customers.
Trump Volunteers Must Sign Onerous Agreement to Work Online Phone Bank
Insight
A legal question to ask is what is the consideration – what does the volunteer get – in return for signing this broad agreement?
Deans & Lyons Attorneys Honored Among Best in Texas
News
Six attorneys from the Texas trial law firm Deans & Lyons, LLP, have earned selection to the 2016 Texas Super Lawyers listing.
Dollars and Sense: A Real-Time Look at the Financial Performance of the Legal Industry in 2016
Event, Sept. 21, 1 p.m. EDT
Practical Law and competitive intelligence platform Peer Monitor will present a free webinar titled “Dollars and Sense: A Real-Time Look at the Financial Performance of the Legal Industry in 2016.”
Use Contract Management, Analytics to Accelerate Digital Transformation
On-Demand
SpringCM has posted a free on-demand webinar discussing contract lifecycle management, including the capabilities as well as the benefits of implementation.
Burden of Proof in Copyright Infringement Matters
Insight
In a civil copyright infringement claim, many users of copyrighted material are surprised to learn that once the copyright owner has demonstrated that it owns a copyright in the work, the burden shifts to the copyright user to demonstrate that it had the right to use the work in the way it was using it.
Case Study: How Brandwatch Uses A.I. to Speed Up Contract Review
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LawGeex has published a case study showing how social media company Brandwatch uses artificial intelligence to reduce costs and speed up the contract review process.
House Democrats Ask for Justice Investigation as New York AG Looks Into Trump Foundation
News
The committee’s Democrats allege that the donation in 2013 “may have influenced Mrs. Bondi’s official decision not to participate in litigation against Mr. Trump,” and asks Attorney General Loretta E. Lynch to explore whether federal bribery or other laws might have been violated
SEC Takes Aim at GC for Response to DOJ Investigation
News
The Securities and Exchange Commission has filed civil fraud charges against the general counsel of Ohio-based chemical company RPM for allegedly mishandling the response to a U.S. Department of Justice investigation, Bloomberg Law reports.
Mike Lynch’s Invoke Capital Aims to Replace M&A Lawyers With Robots
News
Venture firm Invoke Capital is betting that a startup using artificial intelligence to “think like a lawyer” can automate due diligence in mergers and acquisitions and replace the armies of lawyers needed to close billion-dollar deals, reports Bloomberg Law.
What Are the Signs Your Law Firm Needs Process Improvement?
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In a white paper, consultant George Dunn discusses the signs that a law firm needs process improvement in maintaining good relationships with clients.
The Buyer’s Guide to Contract Lifecycle Management Software
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ContractWorks offers a free guide to selecting the appropriate contract lifecycle management software.