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Archive for July, 2017

Legal Ops Survey Results: AI, InfoSec, and the Cloud

Insight
OpenText Discovery has commissioned Ari Kaplan Advisors to interview premier corporate legal ops professionals to identify new trends and eDiscovery issues for its annual report.

Compliance Training: Effective Enough to Avoid the Headlines?

Insight
NAVEX Global has produced a new ethics and compliance benchmark report that provides key statistics to measure and prove the value of educating employees on the right topics.

Once Again, Trump DOJ Busts Convention, Splits Government in High-Profile Employment Case

News
The case of Donald Zarda, a skydiver who claimed his employer violated Title VII when it fired him after finding out he was gay, illustrates how the U.S. Department of Justice and the Equal Opportunity Commission can sometimes operate at cross purposes in litigation.

BLM Proposes Rescission of 2015 Hydraulic Fracturing Rule

News
The Bureau of Land Management has announced its recommendation that the hydraulic fracturing rule from 2015 entitled, “Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands,” be rescinded, reports Fox Rothschild.

Robotic Review: The Use of Artificial Intelligence in Contract Review

Insight
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.

Non-Competition Agreements: Ensuring Enforceability

Insight
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.

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

Insight
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.

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

Insight
The Steptoe Blockchain Blog, suggest three tools to address smart contract risks, including cybersecurity insurance policies, indemnification agreements, and “make whole” agreements.

Wells Fargo Lawyer Accidentally Releases Trove of Data on Wealthy Clients

News
A Bressler, Amery & Ross lawyer representing Wells Fargo accidentally produced documents without redaction or confidentiality designations that revealed “billions of dollars of client account information.”

Ex-Fiat Chrysler Executive Charged in Union Official Payoff

News
A former Fiat Chrysler executive has been charged with looting a training center for blue-collar workers by giving $1.2 million through a variety of ways to a UAW leader, his wife and other senior union officials, according to an Associated Press report.

Defense Lawyer: Shkreli Would Lose $65 Million If Convicted

News
A defense lawyer says former pharmaceutical CEO Martin Shkreli would lose a $65 million stake in a drug company he founded if he’s convicted at his securities fraud trial, reports the Associated Press through ABC News.

Negotiating Technology Contracts: On-premise vs. Cloud and Hosted Software

Insight
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.

Wells Fargo Oops: Confidential Data Went to Opposing Side

News
In responding to a subpoena for information, a lawyer for Wells Fargo inadvertently sent the opposing attorney in a lawsuit a disc filled with confidential information, including Social Security numbers, for 50,000 of the bank’s wealthiest clients.