Counsel News and Events for Attorneys and Executives

Contracts

China Employee Non-Competes: Does Yours Have Real Teeth?

Insight
Chinese courts do not automatically side with the employee; those rare employers that have done things the right way actually usually win, writes Grace Yang in China Law Blog.

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Dykema Adds Government Contracts Attorneys in San Antonio

News
Dykema has added government contracts attorneys John C. Dulske and Bryan Kost to its Government Policy & Practice Group in the firm’s San Antonio office. Prior to joining Dykema, both practiced at Dulske & Gluys in San Antonio, which Dulske formed in 2002.

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Renewable Energy Webinar Recording: Energy Performance Contracting

On-Demand
Energy Performance Contracting is an innovative financing technique that uses cost savings from reduced energy consumption to repay the cost of installing energy conservation measures.

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Recovery of Contractual Attorneys’ Fees for Tort and Contract Claims

Insight
Low, Ball & Lynch discusses a case in which the California Court of Appeal addresses whether attorneys’ fees can be awarded when a plaintiff alleges both tort and contract causes of action and dismisses the entire complaint before trial.

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The Top Priority for Negotiating Cloud Services

The Top Priority for Negotiating Cloud Services

Insight
A Baker McKenzie report highlights the top objectives, hesitations, and criteria that buyer respondents factored into their cloud procurement determinations.

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When an Arbitration Clause Sounds Permissive But Is Not: Does ‘May’ Really Mean ‘Must’?

Insight
Narges Kakalia of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo asks and then answers some pointed questions about arbitration in an article on the firm’s ADR Advice website.

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Reduce Risk in Finance, Contract & Employment Law: ACC Mid-Year Meeting

Reduce Risk in Finance, Contract & Employment Law: ACC Mid-Year Meeting

Event, April 2-4, New York City
The Association of Corporate Counsel, the world’s largest community of in-house counsel, will stage the ACC Mid-Year Meeting in New York on April 2-4, 2017.

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E-Sign: Reducing Risk & Strengthening Enforceability Webinar

E-Sign: Reducing Risk & Strengthening Enforceability Webinar

Event, Feb. 7, 2 p.m. EST
eSignLive by Vasco will present a complimentary one-hour webinar providing practical evidentiary considerations of electronic records and signatures and guidance on how to reduce your risk.

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Government Contracts Legislative and Regulatory Update

Insight
Dentons has published the latest edition of its “Government Contracts Legislative and Regulatory Update,” a summary of the relevant changes that took place during December.

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White Paper: Top 6 Legal Risks When Adopting E-Signatures

White Paper: Top 6 Legal Risks When Adopting E-Signatures

Insight
This paper discusses how a well-designed process, supported by new-generation electronic signature technology, can reduce risk and increase the enforceability of e-transactions compared to paper processes.

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The Implied Covenant of Good Faith and Fair Dealing

The Implied Covenant of Good Faith and Fair Dealing

Insight
Inherent in every contract is an unwritten “implied” additional covenant that is not expressly set forth; namely, the implied covenant of good faith and fair dealing writes David Allen of Jaburg Wilk.

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Contracting by Tweet: What Impact Can the New Administration Have on Existing Contracts and Future Awards?

Insight
A president always can pressure high-profile government contractors to “voluntarily” take actions to their detriment and in favor of the government, but what legal tools or contractual remedies are available if a president forces a particular outcome?

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Careful Drafting of Non-Competes and Other Restrictive Covenants Can Save the Day

Insight
It generally is a defense to a breach of contract claim if the defendant proves that the plaintiff was the first one to materially breach the parties’ agreement, writes Shep Davidson for The In-House Advisor.

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Fixing Your Contracts: What Training in Contract Drafting Can and Can’t Do

Fixing Your Contracts: What Training in Contract Drafting Can and Can’t Do

Insight
Most contracts prose is dysfunctional, but training is available to help contracts professionals draft clearly and concisely. But that gets you only so far; you also have to supplement training with centralized initiatives, write Chris Lemens and Kenneth A. Adams for the Association of Corporate Counsel.

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Justices Will Hear Challenges to Mandatory Employee Arbitration

Justices Will Hear Challenges to Mandatory Employee Arbitration

News
The U.S. Supreme Court has agreed to decide whether companies can use employment contracts to prohibit workers from banding together to take legal action over workplace issues, reports The New York Times.

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3 Things Smart Contracts Need Before They Can Finally Take Off

3 Things Smart Contracts Need Before They Can Finally Take Off

Insight
A new article in CoinDesk provides an overview of the ongoing issues with smart contract development, selecting just three that could remain barriers to mainstream use.

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Artificial Intelligence in Contract Management – Part 2

Insight
Pierre Mitchell, writing for Spend Matters, continues his series on artificial intelligence (AI) in contract management by discussing AI and knowledge representation.

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Non-Compete Earns a Preliminary Injunction in Case Involving a Community Publication

Insight
Stacey Lantagne writes in ContractsProf Blog about an interesting dispute over a non-compete provision that resulted in a preliminary injunction.

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Be Cautious in Navigating Microsoft’s Forest of EA Documents

Be Cautious in Navigating Microsoft’s Forest of EA Documents

Insight
Microsoft occasionally will incorporate substantive or potentially substantive language in forms that otherwise would appear to have only administrative purposes, writes Christopher Barnett of Scott & Scott LLP.

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Contract Drafting for Dispute Resolution

Insight
John M. Newman of the Cecil C. Humphreys School of Law at the University of Memphis has compiled a guide to drafting for dispute resolution.

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