Commercial
11th Circuit Benchslaps Biglaw Partner and District Court for Not Following Order
News
Above the Law examines a case in which a district court and a lawyer got into trouble with the 11th Circuit when the lower court took the lawyer’s advice not to apply the circuit’s ruling in a remanded case.
Airbnb Names Legal Chief New COO Amid Senior Rank Shakeup
News
Bloomberg reports that Belinda Johnson, formerly chief business affairs and legal officer, has taken the new role with the company as part of a shakeup in the senior ranks.
NDAs Are Out of Control. Here’s What Needs to Change
Insight
Preventing workers from using their knowledge and skills beyond a single workplace is harmful not simply to the worker but to entrepreneurship, competition, and economic growth, writes Orly Lobel in the Harvard Business Review.
Download: The State of E-Signature Implementation
Insight
The Forrester Report examines 25 e-signature implementations across the United States and Europe with use cases for receivables, payables, various contracts, onboarding agreements, and travel bookings
SEC Halts Dallas-Based Bank’s Cryptocurrency Sale – But Not Before It Says It Raised $600 Million
News
The Securities and Exchange Commission has halted the sale of AriseCoin, saying it was all part of a more straightforward, old-fashioned investment scam, according to The Dallas Morning News.
Fifth Circuit En Banc Simplifies Rule for Identifying Maritime Contracts in the Oilfield
Insight
The Fifth Circuit en banc has handed down an historic re-working of the test for determining whether oilfield contracts are maritime or non-maritime in nature, according to a Baker Donelson post.
If Your Employment Agreements Use This One Word, Ownership of Your Patents May Be in Jeopardy
Insight
An employment agreement providing an employee “will assign” title to her inventions to her employer did not automatically transfer title or any related patent rights, explains Eleanor M. Yost of Carlton Fields.
Lucarell v. Nationwide: A Case All Commercial and Contract Lawyers Should Read
Insight
Melinda Burton, writing for Faruki Ireland Cox Rhinehart & Dusing, explains how a ruling from the Supreme Court of Ohio reaffirms and clarifies law in Ohio on breach of contract, implied duty of good faith, punitive damages, releases of liability and fraud.
SEC Weighs a Big Gift to Companies: Blocking Investor Lawsuits
News
Bloomberg is reporting that the SEC has privately signaled that it’s open to at least considering whether companies should be able to force investors to settle disputes through arbitration.
Return to Sender: Aetna to Pay $17M to Settle Claims Related to Vendor Mailer Data Breach
Insight
Eric Begun of King & Fisher explains that the newly announced settlement provides some important lessons in contract law, as well as some useful information on data breaches.
Qualcomm Just Got Fined $1.23 Billion for Illegal Payments to Apple
News
The European Commission found that Qualcomm effectively shut down competition in the market, no matter how good competitors’ products were, reports Fortune.
Usual Suspects: MDL-Experienced Lawyers Flock to Opioid Litigation for Possible Big Payday
News
The prospect of the biggest payday since the $200 billion tobacco settlement in 1998 has drawn many of the same plaintiff lawyers who appear again and again in big tort cases, according to Forbes.
Contract Management: From Business Controller to Business Enabler
Podcast
Tim Cummins, President & CEO of the International Association for Contract & Commercial Management, discusses the ongoing evolution of commercial contract management in a podcast posted by Determine Inc.
When Smart Contracts are Outsmarted: The Parity Wallet “Freeze” and Software Liability in the Internet of Value
Insight
The recent Parity wallet “freeze” provides an example of a coding vulnerability in a smart contract resulting in an exploit that compromises cryptocurrency worth millions, according to Proskauer Rose LLP.
Is Your Service Contract Protecting Your Company? 9 Essential Clauses that Limit Fallout Damage
News
Having a good service contract that is tailored to the particular situation can be one of the best decisions that a company can make,” writes Gabriela Smith for Nearshore Americas.
Regulatory Whirlwind 2018: What’s Ahead for Third-Party Risk Management?
Webinar, Jan. 25, 1 p.m. EST
NAVEX Global will present a complimentary webinar on recent and anticipated enforcement and regulatory changes as they concern third-party risk.
Suit By 22 State Attorneys General Seeks to Block FCC’s Net Neutrality Repeal
News
The AGs’ complaint argues that the vote last month by the Republican-controlled FCC was an “arbitrary and capricious” change to regulations, according to The Los Angeles Times<
Download: How to Prepare Your Business for 2018 GDPR Requirements
Insight
In May 2018, the General Data Protection Regulation (GDPR) will go into effect, requiring companies that do business in Europe to adjust their strategies for data management.
Earning Trust in Contract Negotiations
Insight
Dennis Garcia, an assistant attorney general of Microsoft Corp., offers a collection of best practices that all lawyers can embrace to help earn trust during the contract lifecycle.
Former American Airlines General Counsel Recalls Turbulent Years
News
The Dallas Business Journal looks inside “Twelve Years of Turbulence: The Inside Story of American Airlines’ Battle for Survival,” scheduled for release in February.