Contracts
The Unique Challenges of Protecting a Law Firm Brand
InsightIn American Association of Motorcycle Injury Lawyers Inc. v. HP3 Law LLC et al., an Arizona-based legal trade association, which held trademark rights in the name ‘Law Tigers’, sued an Illinois law firm that was using the nickname ‘TigerLaw.’
Protecting Your Products Using Design Patents in the Era of Copycats
Insightswithout intellectual property (IP) protection for your product, very few remedies are available.
Drafting Pre-Litigation Demand Letters
InsightThe early stages of a legal dispute are often marked by the exchange of demand letters.
How to Minimize Judicial Review of ERISA Fiduciary Decisions
InsightsOne of the enduring paradoxes of ERISA litigation is the judicial standard of review of fiduciary decisions.
No-Third-Party-Beneficiary Clauses and the “Ever-Evolving Contractual Arms Race”
InsightsA recent Delaware decision suggests that we cannot be reminded too often of the importance of carefully modifying the standard no-third-party-beneficiary clause so that it … does not do more harm than good.
What Is the Worst Type of Online Privacy Policy … and Why Does it Matter?
InsightsEven if the title is click-bait, this is not a trick question. There is one type of online privacy policy that is objectively worse than all of the others.
Former KAABOO Owner Satisfies $7 Million ‘Thunder on the Mountain’ Judgement
NewsKansas promoter Brett Mosiman was ready to chase former KAABOO owner Bryan Gordon to the end of the earth to collect a $7 million judgement delivered by a Kansas jury in February, but that will no longer be necessary after the men settled their claims last week over the canceled 2015 Thunder on the Mountain festival in Ozarks, Ark.
E-Signatures White Paper: Beyond Business Continuity
InsightOneSpan has published a white paper titled “Beyond Business Continuity, The New Normal in Remote Banking and Insurance” and made it available for downloading at no charge.
Top 10 Best Practices for Contract Management
Insights
Join Contract Logix as we discuss 10 Best Practices for Contract Management.
Lien Inception
Insights
When owners file bankruptcy or projects otherwise go south, lien priority often comes to the forefront. The idea is relatively simple. Priority is how courts determine which creditors get paid first.
When the Smooth CEO Exit Gets Bumpy
Insights
Recent press reports have highlighted the difficulties faced by companies that discover evidence of misconduct only after an executive has exited and received severance.
Court Examines Intended Third Party Beneficiaries of Indemnification Provision
Insights
In CHS/Community Health Systems, Inc. et al v. Steward Health Care System LLC, the Delaware Court of Chancery examined who was an intended third-party beneficiary of an indemnification provision in an Asset Purchase Agreement.
7 Most Common Legal Problems Businesses Face in Their Operations
Insights
Business owners in the U.S. are often faced with various legal problems that can be crippling to their business. One of the best ways for them to circumvent these legal problems is to identify potential problem areas early and prepare for them by having a trusted business lawyer.
New Jersey Finally Gets a Roadmap to Creating a Valid Arbitration Clause
Insights
New Jersey’s Supreme Court approved as legally binding an arbitration agreement provided to employees electronically, concluding the arbitration agreement was effectively, clearly, and unambiguously communicated to the company’s employees.
Indemnification Provisions in Incentives Agreements: Best Practices and Special Public Entity Issues
Insights
Indemnification provisions are an important part of the fine print of many contracts. These clauses generally operate to protect one party against the other party’s actions or failures to act that lead to a loss claimed by a third party.
Specific Language of Operating Agreements Key in Chancery Court Dismissal of “Laundry List” of Claims
Insights
77 Charters, Inc. brought a suit against several defendants for a series of alleged ‘wrongful acts’ in connection with the management and sale of a shopping mall.
What is the Twombly Motion-to-Dismiss Standard for Antitrust Cases?
Insights
As a long-standing antitrust attorney in Europe, making the decision to move from Madrid to San Diego a few years ago to practice law in the U.S. has been a life-changing experience.
NLRB Enforces Strict Requirements for Savings Clauses in Employee Arbitration Agreements
Insights
The National Labor Relations Board … has recently issued a half-dozen decisions addressing the lawfulness of employee arbitration agreements.
COVID Impact as a Standalone Indemnity in M&A Transactions
Insights
The COVID virus has ushered in unprecedented and challenging times for our country and the global community.
The Function of University Waivers
Insights
Nancy Kim writes about university liability waivers and how they seem to be very different from regular liability waivers.
