Counsel News and Events for Attorneys and Executives

Indemnification: Are Attorneys’ Fees Incurred in Claims Between Contracting Parties Covered?

Insight
Unlike most contractual disputes, it is not just merely the language used but also the circumstances in which the parties were contracting that will be determinative of whether direct claims are covered by the indemnity (and thus whether there will be reimbursement of legal fees), according to Weil, Gotshal & Manges LLP’s Global Equity Watch.

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Unanimous Ruling for Beck Redden Clients Statoil ASA and Fargo Acquisition

News
The case, Brigham Exploration Co. et al. v. Boytim et al., involves Statoil’s 2011 acquisition of Brigham Exploration Company, Beck Redden said in a release.

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Could $200 Billion Tobacco-Type Settlement Be Coming Over ‘Climate Change?’

Could $200 Billion Tobacco-Type Settlement Be Coming Over ‘Climate Change?’

News
Seventeen state attorneys general are investigating whether fossil fuel companies mislead investors in public disclosures about the risks associated with climate change, reports Bloomberg.

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The Cravath Pay Raise: Challenges and Opportunities for Law Firms

Insight
As power has shifted to buyers of legal services and the options for legal service delivery have expanded, the idea that firms will be able to shift some or all of the cost of associate compensation to rate increases seems almost inconceivable, writes Stephen Poor, chair emeritus of Seyfarth Shaw.

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FedEx Agrees to $240 Million Settlement With Drivers in 20 States

FedEx Agrees to $240 Million Settlement With Drivers in 20 States

News
FedEx Ground Package System Inc. has agreed to pay drivers in 20 states $240 million to settle lawsuits claiming the second-largest U.S. parcel delivery company misclassified them as independent contractors, it said on Thursday, according to a Reuters report.

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Computer Use Policies – Are Your Company’s Illegal According to the NLRB?

Computer Use Policies – Are Your Company’s Illegal According to the NLRB?

Insight
The National Labor Relations Board has continued its assault on businesses and their ability to legitimately protect their computer systems and information against unauthorized non-business use by employees, writes Shawn E. Tuma, in Cybersecurity Business Law.

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Using Credit Enhancements to Minimize Fallout From Another Company’s Bankruptcy

Insight
An article written by Raymond Patella and Michael Viscount of Fox Rothschild LLP outlines a handful of popular credit enhancements oil and gas companies may use to minimize their risk or exposure to a counterparty that they believe may be having financial difficulties.

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Succeeding in the New Paradigm for Corporate Governance

Insight
Institutional investors are developing a new paradigm for corporate governance that prioritizes sustainable value over short-termism, writes Martin Lipton of Wachtell, Lipton, Rosen & Katz.

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Top 10 Questions Owners Should Ask Before Signing a Construction Contract

Top 10 Questions Owners Should Ask Before Signing a Construction Contract

Insight
Construction contracts are often such voluminous documents that it can be difficult for owners to recognize and adequately negotiate the key terms that play the largest role in how construction risk and costs are allocated, writes Mike Madigan for Kegler, Brown, Hill + Ritter.

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Why Not Having an Employment Contract With Bank Officers Will Hurt You

Insight
Having an employment agreement with an officer and other key employees is advisable, as it is the easiest way to protect the bank’s interest when an officer departs, write Amber M. Rogers and Alan J. Marcuis for Hunton & Williams.

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Irene A. Zoupaniotis, Labor & Employment Associate, Joins Farrell Fritz in Uniondale

News
Irene A. Zoupaniotis has joined Farrell Fritz’s Uniondale office as a labor & employment associate.

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CEO Pay in 2015 Tamed by Bond Yields, Fed Expectations

CEO Pay in 2015 Tamed by Bond Yields, Fed Expectations

News
Chief executives of the biggest U.S. corporations saw their pay rise in 2015 at the slowest rate in seven years, but it’s not because their boards were suddenly getting tough, according to a study by ISS Corporate Solutions and reported by Reuters.

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Trump’s Lawyers Urge Judge Curiel to Keep Deposition Video Secret

News
The videos Trump’s lawyers want to keep out of the public record are from Trump’s deposition late last year and early this year in a class-action lawsuit accusing him of fraud.

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Court Wrestles Over Whether Gawker CEO Can Hide Behind Bankruptcy Shield

Court Wrestles Over Whether Gawker CEO Can Hide Behind Bankruptcy Shield

News
Gawker founder Nick Denton, who is jointly liable for $115 million of the judgment plus another $10 million in punitive damages, doesn’t have the same Chapter 11 protection the company has.

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Free Webinar Series on Current In-House Legal Trends

Event
Thomson Reuters Practice Point will host a series of free 30-minute webinars providing an overview of current in-house legal trends. The webinars, also to be available on-demand, will continue through June 23.

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Contractual Personal Liability: The Body Trumps the Signature Line

Contractual Personal Liability: The Body Trumps the Signature Line

Insight
The body of a contract must clearly convey whether the parties intend for the contractual obligation to create liability on behalf of the individual signing the contract or not, warns Adam B. Edgecombe of Jimerson & Cobb, P.A.

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Kirkland Counsels TSSP on Hunt Oil Deal to Develop Midland Basin Acreage

News
Kirkland & Ellis LLP announced that it advised TSSP, a leading special situations investment platform of TPG, on its agreement with Hunt Oil Co., a privately held oil and gas exploration and production company, to develop certain of Hunt Oil’s assets in the Midland Basin in Texas.

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Latham Advises Platinum Equity in $2.4 Billion Sale of BWAY

News
Platinum Equity and Stone Canyon Industries, LLC announced it has signed a definitive agreement for Platinum Equity to sell BWAY Corp. to Stone Canyon Industries LLC for $2.4 billion.

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Foley & Lardner Adds Trust and Estates Pair in Tampa

News
Natalie Annis and Jamil Daoud have joined Foley & Lardner’s Estates & Trusts Practice in the Tampa office. Annis will join as of counsel and Daoud will be special counsel.

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Shackelford, Bowen, McKinley & Norton Lawyer Named Among Nashville’s Best

News
Lauren Kilgore of Shackelford, Bowen, McKinley & Norton, LLP has been named to the 2016 Best of the Bar list published by the Nashville Business Journal.

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