Counsel News and Events for Attorneys and Executives

Kentucky AG Asks FBI to Investigate Ex-Gov. Matt Bevin’s Pardons

News
Attorney General Daniel Cameron cited concern for public safety in a letter he wrote to state legislators who had asked him to launch a state investigation into the pardons.

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Don’t Forget the Sneaky Hidden Data: Best Practices for Managing Data Stored on Copiers/Machines

<b>Don’t Forget the Sneaky Hidden Data: Best Practices for Managing Data Stored on Copiers/Machines</b>

Insight
Sneaky data can be the most lethal to any corporate entity, therefore organizations must treat copiers as other smart technology.

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23 Tips for Drafting Employment Arbitration Agreements

Insight
Careful drafting of employment arbitration agreements due to the U.S. Supreme Court’s decision affecting an employer’s ability to enforce such agreements.

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Indemnify is a Funny Word Carrying Historical Baggage—Be Aware and Use with Care

Insight
An indemnification remedy against sellers (subject to a cap) continues to find its way into many private company acquisition agreements.

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Physician Non-Compete Agreements Present Challenges, Potential Controversy

<b>Physician Non-Compete Agreements Present Challenges, Potential Controversy</b>

Insight
The key question when it comes to physician non-compete provisions is when do such provisions become unreasonable?

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Andrea Kotrosits Joins Bradley in D.C.

<b>Andrea Kotrosits Joins Bradley in D.C.</b>

News
Andrea Kotrosits has joined the Washington, D.C., office of Bradley Arant Boult Cummings LLP as an associate in the Litigation Practice Group and as a member of the Policyholder Insurance Coverage team.

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Mark R. Ustin Elected President of St. Catherine’s Center for Children’s Board

News
Mark R. Ustin of Farrell Fritz has been elected president of St. Catherine’s Center for Children’s board of directors.

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Bradley Adds 17 New Associates

News
Seventeen attorneys have joined Bradley Arant Boult Cummings LLP as associates across the firm’s offices in Birmingham; Charlotte, N.C.; Dallas; Huntsville, Ala; and Nashville, Tenn.

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Eversheds Sutherland Elects Six New US Partners

News
Eversheds Sutherland has elected six new US Partners to be effective January 1, 2020.

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Suit Claims Biglaw Firm Took Over Corporate Client’s Finances and Took Advantage of Its Impaired CEO

News
The suit, filed in state court in New York, says Akin Gump took over finances and bookkeeping for Future Media Architects, a family-owned company.

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Sullivan & Cromwell Sued for Malpractice by Ex-Skadden Attorney

News
The plaintiff, Andrew Delaney, claims that Sullivan & Cromwell acted “unlawfully” and “unethically” in the international arbitration matter.

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Law School Transparency Still Fighting Status Quo After a Decade

News
One of the early findings of the 10-year-old nonprofit was that high starting salary salaries often listed for law school graduates were based on a low number of alumni responses.

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Earn CLE at SCCE’s Internal Investigations Workshop

<b>Earn CLE at SCCE’s Internal Investigations Workshop</b>

Workshop, Jan. 22-24, 2020
The SCCE workshop provides two days of focused training on conducting compliance-related internal investigations.

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Mineral Royalties are Not ‘Personal Effects’ in Texas

News
The mineral interests were real property when her will took effect and, thus, were not personal effects left to the executor.

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Does a No-Damage-for-Delay Clause Also Preclude Acceleration Damages?

News
Courts are split as to whether damages for a contractor’s “acceleration” efforts are distinguishable from “delay” damages such that they may be recovered under an enforceable no-damage-for-delay clause.

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Impeachment Maelstrom Pulls Chief Justice Into Politics He Shuns

<b>Impeachment Maelstrom Pulls Chief Justice Into Politics He Shuns</b>

News
Chief Justice John Roberts could use some disputes as an opportunity to try to give the proceedings an aura of fairness.

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Roundup Plaintiffs’ Lawyer Arrested on Extortion Charges

<b>Roundup Plaintiffs’ Lawyer Arrested on Extortion Charges</b>

News
Timothy Litzenburg was arrested for allegedly threatening “to inflict substantial financial and reputational harm.”

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U.S. Appeals Court Rebukes Federal Judge Who Endorsed Jury Nullification in Trial of Sex Offender

News
“We emphatically reject the rule, advanced by Judge Underhill … that district courts are free to permit jury nullification,” appeals court says.

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Frequently Overlooked Technology Provisions in Vendor Agreements and Why They Matter

News
Banks need to ensure the products and vendors in which they invest will operate reliably, compliantly, and safely – and that the bank’s rights and remedies are preserved in the event of failure, according to Caitlin B. Houlton Kuntz and Nadja Baer.

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10 Performance Incentives to Consider in Drafting System Development or Implementation Contract

News
Morgan Lewis discusses 10 contractual mechanisms for providing meaningful performance commitments and consequences if the commitments are not met.

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