Counsel News and Events for Attorneys and Executives

Buchalter Nemer Adds Real Estate Transaction Shareholder in Orange County

Buchalter Nemer Adds Real Estate Transaction Shareholder in Orange County

NEWS
David A. Lurker has joined Buchalter Nemer in Orange County as a shareholder in its Real Estate Practice Group, the firm announced.

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Zenefits CEO Parker Conrad Resigns Amid Scandal

NEWS
Zenefits cofounder Parker Conrad resigned as CEO and as a director of the company, according to a Forbes report, as questions are being raised about the steps Conrad took to put Zenefits into hypergrowth – including flouting laws about who is allowed to sell insurance.

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Ransomware Takes Hollywood Hospital Offline, $3.6M Demanded by Attackers

Ransomware Takes Hollywood Hospital Offline, $3.6M Demanded by Attackers

NEWS
The computers at Hollywood Presbyterian Medical Center have been down for more than a week as the Southern California hospital works to recover from a Ransomware attack, reports CSO.

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Goldman Sachs Bankers Said to Depart on Guidelines Breach

NEWS
Three bankers have left Goldman Sachs Group Inc. after the U.S. firm determined they breached internal guidelines in connection with the bank’s advisory role on the planned acquisition of a consumer company in the Middle East, reports Bloomberg News.

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Survey: Mitigating Reputation Damage in High-Profile Lawsuits

White Paper
A new survey shows senior legal officers recognize importance of communications — but most lack strategy, accountability for what is said outside the courtroom. Greentarget conducted the survey.

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Three Appellate Courts Remand for Trial on Existence of Agreement to Arbitrate

Three Appellate Courts Remand for Trial on Existence of Agreement to Arbitrate

Article
For contract negotiators, it is critical to obtain (and retain) a signed copy of the final agreement including the arbitration clause, writes Liz Kramer in Stinson Leonard Street’s ArbitrationNation.com.

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Intellectual Property in Government Contracts – Landmines Abound

Article
Intellectual property is often a company’s most valuable asset, and for companies with federal government customers, following the government’s rules can mean the difference between maximizing and losing value in newly developed IP, reports McGuireWoods in a legal alert.

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Reflections on the BLM’s Proposed Methane and Waste Reduction Rule

Reflections on the BLM’s Proposed Methane and Waste Reduction Rule

Article
An article on Van Ness Feldman’s website examines key legal and policy changes in the proposed federal methane and waste reduction rule for oil and gas production on public and tribal lands.

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How to Ensure That an Agreement to Negotiate in Good Faith is Enforceable

Article
If you really want an agreement to negotiate in good faith to be enforceable, you have to be precise in how you describe what the parties will and will not do going forward, writes Shep Davidson.

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Watch Your LOIs and MOUs and ‘Agreements to Agree’

Watch Your LOIs and MOUs and ‘Agreements to Agree’

Article
If you are working with a third party on a term sheet, letter of intent or memorandum of understanding (an “LOI”) on what you view as a non-binding basis, make sure to say so explicitly in the LOI, advises Perry Patterson of Buchanan, Ingersoll & Rooney.

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Morgan Stanley to Pay $3.2B Penalty in Securities Deal

NEWS
Morgan Stanley will pay a $2.6 billion penalty to resolve claims related to Morgan Stanley’s marketing, sale and issuance of residential mortgage-backed securities (RMBS), the Justice Department reported Thursday.

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SEC Will Only Target Directors in Egregious Cases

SEC Will Only Target Directors in Egregious Cases

NEWS
An SEC official sought to allay concerns voiced by corporations and their lawyers about the SEC enforcement cases against corporate directors and other gatekeepers, such as compliance officers, who may try to fix compliance problems and find themselves entangled in an agency investigation

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Former GC Gets 18 Months for Stealing $2.6m From Company Account

NEWS
The former in-house counsel of an Ocean County, New Jersey-based home health care company was sentenced Thursday to 18 months in prison for using his attorney trust account to steal more than $2.6 million from his employer.

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Dallas Medical Products Company ThermoTek Wins $9.6 Million in Fraud Case

Dallas Medical Products Company ThermoTek Wins $9.6 Million in Fraud Case

NEWS
U.S. District Judge Sidney Fitzwater has entered a judgment of $9.6 million for medical products manufacturer ThermoTek Inc. after a jury found that a competitor fraudulently obtained the company’s business information for a series of physical therapy machines.

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Practical Tips for Using Outside Counsel Guidelines

Article
Outside counsel guidelines provide a great opportunity for legal departments to hone in on what processes need to be communicated to external law firms as well as helping to drive adoption of the processes, both internally and externally. Here are some practical tips for developing or fine tuning these documents.

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What Lawyers Can Bring to the Governance Structure

What Lawyers Can Bring to the Governance Structure

Article
Boards of directors have traditionally been the bastions of CEOs, where business experience was paramount. But modern challenges to corporations suggest business-oriented attorneys – particularly those with GC experience – provide essential value and perspective

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Be Wary of Certain ISV and Embedded Software Agreements

Be Wary of Certain ISV and Embedded Software Agreements

Article
Vendors considering royalty ISV or other embedding agreements need to scrutinize the terms of such agreements and carefully consider whether they are willing and capable of satisfying all of the obligations those agreements typically entail.

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The Life of a White Collar Fugitive Not All It’s Cracked Up to Be

The Life of a White Collar Fugitive Not All It’s Cracked Up to Be

Article
Walter Pavlo tells the story of once-fugitive Lawrence “Larry” Hartman, a Columbia Law School graduate who once thought himself a king of penny stocks.

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Pennsylvania Lawyer Convicted in Insider Trading

NEWS
A former partner at the law firm Fox Rothschild was found guilty on Friday of engaging in insider trading after learning that a client at his law firm was about to announce a merger, according to a Reuters report.

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Ex-President of Truck Stop Company Indicted in Alleged Rebate Scam

NEWS
The former president of Pilot Flying J, the $31 billion truck stop company run by the family of Tennessee Gov. Bill Haslam, has been indicted in connection to a rebate fraud scheme, reports The Tennessean.

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