Counsel News and Events for Attorneys and Executives

Commercial

When it Comes to Contracting With the Federal Government: Beware

Insight
Jennifer S. Cluverius of Nexsen Pruet, LLC writes about some of the most costly and often-unnoticed employment-related compliance obligations faced by federal contractors and subcontractors.

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Claims Against Cloud Storage Service Hinge on Grant of Rights Clause

Claims Against Cloud Storage Service Hinge on Grant of Rights Clause

Insight
It’s important for copyright holders to understand the scope of any content distribution license involving cloud storage by users, particularly when broad language is used with respect to the rights of the licensee, writes Jeffrey Neuburger of Proskauer Rose LLP.

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2016 Year in Review: Trade Secrets and Non-Compete Developments

Event, Nov. 30, 1 p.m. EST
Many businesses progressively fear that their trade secrets and valued business relationships are at risk of attack by competitors – and even by their own employees. Do you know what it takes to protect those critical assets in the ever-changing world of trade secret and non-compete law?

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Post-Election Rally Profits Morgan Stanley GC, Execs

Post-Election Rally Profits Morgan Stanley GC, Execs

News
Reuters is reporting that most of the executives’ profits came from an election-fueled rally in bank stocks, according to securities filings.

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Gardere Global Supply Network Partner Speaks on International Supply Chain Strategy

News
Joyce Mazero, partner and co-chair of the Global Supply Network Industry Practice at Gardere Wynne Sewell LLP, recently spoke at the National Restaurant Association’s Supply Chain Management Conference in Orlando, Florida.

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Webinar: Top 5 Open Source Issues – Stories from the M&A Trenches

Webinar: Top 5 Open Source Issues – Stories from the M&A Trenches

On-Demand
The 60-minute webinar, titled “Top 5 Open Source Issues – Stories from the M&A Trenches,” is available on-demand afterward from Black Duck Software.

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U.S. Consumer Financial Agency Could Be Defanged Under Trump

U.S. Consumer Financial Agency Could Be Defanged Under Trump

News
The agency, created in response to the 2007-09 financial crisis, is a target for some critics for such proposals an attempt to stop companies from blocking customers from class action lawsuits and another one to limit payday lending.

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Four Significant, But Often Overlooked, Provisions in Domestic Commercial Contracts

Four Significant, But Often Overlooked, Provisions in Domestic Commercial Contracts

Insight
Contractual provisions that parties choose to include in their agreement depend on a number of factors including, among others, the identity of and relationship between the parties and the size and nature of the transaction, according to a K&L Gates article.

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Judge Tells Trump University Litigants They Would Be Wise to Settle

Judge Tells Trump University Litigants They Would Be Wise to Settle

News
The statement by U.S. District Judge Gonzalo Curiel came after he had tentatively rejected a bid by Trump to keep some statements from the presidential campaign out of the fraud trial.

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5 Points: Arbitration Clauses in Real Estate Contracts

5 Points:  Arbitration Clauses in Real Estate Contracts

Insight
While consumers may not have many choices when signing agreements that contain arbitration clauses, commercial parties often negotiate every last term of their agreements, according to a post on Shutts & Bowen LLP’s website.

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Arbitration Award Overturned Because Arbitrator Impersonated Lawyer

News
The Ninth U.S. Circuit Court of Appeals overturned an arbitration award in a multimillion-dollar investment case Friday because the lead arbitrator impersonated a California attorney — something he did in dozens of cases before being exposed, the San Francisco Chronicle reports.

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U.S. Charges in Generic-Drug Probe to Be Filed by Year-End

U.S. Charges in Generic-Drug Probe to Be Filed by Year-End

News
The antitrust investigation by the Justice Department spans more than a dozen companies and about two dozen drugs, reports Bloomberg.

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China – Compliance Risks and Solutions

China – Compliance Risks and Solutions

Insight
Vendor kickback schemes are endemic throughout China and only increasing. Theft of intellectual property remains a major issue for global businesses in China. Theft, embezzlement and fraud continue on as if no one is watching, writes Jeffrey Klink, a former U.S. Department of Justice prosecutor and CEO of Klink & Co.

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What Is The Optimal Contract Length For Your SaaS Startup?

What Is The Optimal Contract Length For Your SaaS Startup?

Insight
Tomasz Tunguz, a venture capitalist at Redpoint, discusses the questions: What is the optimal contract length with for your SaaS startup? Monthly, annual, multiyear?

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Wells Fargo to Pay $50 Million to Settle Home Appraisal Overcharges

Wells Fargo to Pay $50 Million to Settle Home Appraisal Overcharges

News
Wells Fargo has agreed to pay $50 million to settle a class-action lawsuit that accused the bank of overcharging hundreds of thousands of homeowners for appraisals ordered after the homeowners defaulted on their mortgage loans, reports The New York Times.

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Embraer Settles Bribery Charges With SEC and DOJ

Embraer Settles Bribery Charges With SEC and DOJ

News
The SEC alleged Embraer made more than $83 million in profits as a result of bribe payments from its U.S.-based subsidiary through third-party agents to foreign government officials in the Dominican Republic, Saudi Arabia and Mozambique.

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Five Questions GC Should Ask About Privacy and Cybersecurity in Third-Party Contracts

Five Questions GC Should Ask About Privacy and Cybersecurity in Third-Party Contracts

Insight
In an article posted on Mayer Brown’s website, authors Rebecca S. Eisner, Lei Shen and Lindsay T. Brown discuss five privacy- and security-related questions that a general counsel should ask regarding company data in the hands of third-party suppliers and other business partners.

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What are Consequential Damages on a Construction Contract?

What are Consequential Damages on a Construction Contract?

Insight
when entering into a construction contract, parties should carefully evaluate the proposed contract language to fully comprehend the risks they are about to assume, write Charles B. Jimerson and Kayla A. Haines of Jimerson & Cobb, P.A..

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Startup Company Carve-Out Plans: Mechanics, Tax Obstacles, and Optimization

Event, Nov. 2, 1 p.m. EDT
Startups love using equity to incentivize executives and employees. But when a company’s equity isn’t worth what it used to be–and particularly when stakeholders no longer expect there to be significant upside–companies need to find new ways to incentivize management to achieve desired outcomes.

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Leveling Deal Activity And Optimism In Dykema’s 12th Annual M&A Outlook Survey

Leveling Deal Activity And Optimism In Dykema’s 12th Annual M&A Outlook Survey

Insight
Respondents to Dykema’s 12th Annual M&A Outlook Survey predict a flat year ahead with steady deal flow, expressing an overall neutral viewpoint coinciding with the recent leveling off of the global M&A market.

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