Archive for May, 2017
At Lunch With David Boies, 20 Years After His Departure From Cravath
Profile
Above the Law profiles legendary litigator David Boies, 20 years after he left Biglaw to found his own firm.
Enforceable Contract for Sale of Family-Owned Business or Just Agreement to Agree?
Insight
Parties to negotiations involving the sale of family-owned business stock or assets should be cautious in their drafting to ensure that it is clear to all parties what documents are intended to create enforceable rights and obligations, warns Murtha Cullina.
Using Arbitration Agreements to Reduce the Costs of Litigation and the Risk of Class Action Claims
Insight
The Foley article explains how arbitration works, what type of arbitration agreements are generally enforceable, what features that have or can cause problems, and how such provisions can reduce the risk of class actions.
Federal Court: An Open-Source License Is an Enforceable Contract
News
The GNU GPL requires that anyone using GPL-licensed software to produce some other software, must provide the resulting software as open-sourced with the same license if it’s released to the public, explains Quartz.
Are Restrictive Covenants Enforceable When Employee Converts to ‘At-Will’ Employment?
Insight
A post by Pietragallo Gordon Alfano Bosick & Raspanti discusses a recent case that dealt with the question of what happens to restrictive covenants in an employment contract when an employee converts to at-will status.
Managing Partners Say Their Lawyers Are Underperforming and Slow to Change
News
One of the findings is that business is moving in-house, and managing partners recognize that: 67.9 percent of respondents said they are already losing business to in-house legal departments.
Family of Slain Lawyer Think They’ve Identified Murderer. So Why Can’t the Cops Solve the Case?
News
D Magazine covers the efforts of the family of a prominent Dallas lawyer to find the people responsible for killing the man in a fire in his garage.
Lawyer Who Founded ‘Copyright Trolling’ Prenda Law Is Disbarred
News
John L. Steele said he and a co-defendant, Paul Hansmeier, made more than $6 million over a two-year period with “sham entities” that threatened Internet users with copyright lawsuits.
June 28 Event: Experts Explore Ways to Control Litigation Costs
Event, June 28, 2017, San Francisco
Leading in-house and outside counsel will discuss where they believe legal departments face the most pressure and how to successfully transform the management of litigation.
Forum: Examine the Risks and Rewards for Cross-Border Deals
Event, June 20, 2017, New York
Bloomberg BNA and World Services Group will present the Cross-Border Deals Forum to hear about the current risk assessment, which deals are facing greater scrutiny and which deals are enjoying a more positive outlook.
Dubious Corporate Practices Get a Rubber Stamp From Big Investors
News
Institutional asset managers carry enormous clout across corporate America. So it’s unfortunate that so many of these managers choose to support the status quo for boards, even when investors are ill served, points out The New York Times.
‘We Have a Deal’ Email From Lawyer Creates a Binding Settlement
Insight
A U.S. magistrate judge in the Southern District of New York has ruled that the terms of a settlement negotiated via email can be enforced as a binding contract.
Suit for Bad Frac Job Requires a Certificate of Merit
Insight
Gray Reed & McGraw’s Energy & the Law Blog discusses a case that asked whether a court must dismiss an engineering defect lawsuit filed without a certificate of merit with prejudice or may dismiss without prejudice.
11th Circuit: ‘Completed Work’ Exclusion Does Not Bar Claims for Work Under Maintenance Contract
Insight
The 11th Circuit found that the unambiguous language of an insurer’s “Completed Work” exclusion did not bar coverage for injuries sustained by a motorist injured at a railroad crossing who later sued the insured, reports Hunton Williams.
Invitation: Summer Legal Conference, Berlin
Event, July 23-29, 2017
The CLE-qualified sessions will feature a diverse group of speakers, including a broad range of nationalities, backgrounds and ages, according to Knowledge Nomads.
The World’s Best-Selling Drug Just Lost a Key Patent Battle
News
The rheumatoid arthritis and psoriasis medicine has recently been a target of biopharma companies that are trying to make generic Humira copycats called “biosimilars,” reports Fortune.
Bookkeeper Embezzled More Than $850,000 From Law Firm, Suit Alleges
News
The family of the late Daniel Lilley, Maine’s highest-profile lawyer, is accusing a former bookkeeper of embezzling more than $850,000 from his law firm over a little more than four years, reports the Portland Press Herald.
DOJ Threatens Immigration Rights Lawyers, Demands They Drop Their Clients
News
In a letter last month, the Justice Department told the group it must ‘cease and desist’ providing certain legal assistance to immigrants unless it undertakes full representation of them in court. according to The Seattle Times.
Insight on Waiving Contractual Right to Arbitration
Insight
Bass, Berry & Sims attorney Chris Lazarini provided insight on factors a court should consider when determining whether a party has waived a contractual right to arbitration, the firm reports on its website.
AIA Releases 2017 Construction and Design Agreements
Insight
The American Institute of Architects has released several revised documents including the primary agreements between the owner and contractor and the owner and architect, reports Dickinson Wright PLLC.