Apttus has posted a free white paper about the value of a centralized contract template library and automated contract playbook.

On its website, Apttus says that a common response to the need for a contract is to search for the latest contract used with a counterparty similarly aligned to the current situation. Once identified, a quick search and replace process takes place to remove the legacy information and the current deal’s details are added to make it look like new.

“There’s just one problem,” Apttus says. “Using executed contracts as a base template for new agreements can create a variety of compliance risks and impact negotiation leverage. A centralized template library and automated contract playbook can make your company’s contract lifecycle management more effective, more efficient and ultimately more profitable. In this white paper, learn how you can leverage template libraries and playbooks to reduce legal risk and increase efficiency and compliance in just five easy steps.”

Download the white paper.

Oil & Gas IQ has made available a free white paper on the problem of industrial systems being exposed to risks and dangers that were never considered in their original design: the threat of malware and cyber attack.

Historically, industrial processes and the technology that supports their operation, Operational Technology (OT), have been isolated from connectivity with the outside world. However, in recent years an increasing number of industrial processes, utilities and factories have become interconnected with each other and their Enterprise LANs, the report says.

The white paper covers security considerations in the separate worlds of IT and OT, the inevitability of convergence, the risks of convergence, and security for the converged network.

Download the white paper.

A white paper published by the 2-20 Family of Companies investigates some of the driving factors for implementing information governance (IG) programs around the world.

As laws and cultural attitudes towards recordkeeping vary by global regions, different approaches should be taken to ensure the successful adoption of information practices, but still arrive at the same end-result, the company says on its website.

Written by 2-20`s resident information governance expert Ilona N. Koti, the paper gives her insights on how to take on IG throughout the world.

Download the white paper.

In an article published in the ABA’s Law Technology Today, CEO Ned Gannon of eBrevia explores why litigation has reaped many benefits of technological innovation, while corporate law, particularly transactional contract review, has remained largely untouched by high tech — until now.

According to Gannon, “Due diligence and contract management are significant cost drivers in corporate law, making this an area that would particularly benefit from the efficiency of technology.”

eBrevia automates the contract review process by using machine learning technology. The company’s products, which leverage artificial intelligence research from Columbia University, are used by law firms and corporate legal departments to more efficiently, accurately, and cost effectively extract and summarize key provisions from legal documents. Applications include due diligence, contract management, lease abstraction, and document drafting.

Read the article.

Kilgore Law has posted an article by Bob Goodman titled “Employment Law and Drone Surveillance, What We Have to Look Forward To, A Work of Fiction.”

It was easier before the Supreme Court reconsidered its 2015 decision that drone surveillance by private employers of their employees was not illegal because it was not governmental, the article says. Now, in 2018, according to the Supreme Court, there had to be some reason to believe an employee was doing something against the employer’s interest to justify drone surveillance of that employee. That was a low standard, about as far from probable cause as you could get, but it still required a form to be filled out for any drone surveillance, even if it only involved the employee’s office or cubicle, and not also following the employee around all day and into his home.

The heaviest requirements were, in fact, imposed when a drone to follow the employee home was at issue.

Read the article.

An “app-centric” approach to contract review and approval brings immediate transparency to the process, reports Onit Inc. in a white paper now available for download.

The white paper addresses why tools like email and spreadsheets fall short, why traditional approaches are not sustainable, how Apps are reinventing the contract review and approval process, and why Apps are the wave of the future.

On its website, Onit says multiple parties are often involved in the review, approval and negotiation of a contract. Unfortunately, there is limited visibility into the process. Business owners typically rely on email for status updates but it is very difficult to know:

• Who is reviewing the contract
• Who has the latest version
• What is the next step
• What is the deadline and expectations

Download the white paper.

McDermott Will & Emery has prepared a white paper on energy-related provisions in his recently released budget proposal for the 2016 fiscal year.

President Obama’s proposal for the 2016 fiscal year repeats many of his past energy-related tax proposals, including a permanent extension of the renewable energy production tax credit and a provision making it refundable, the report says.

The firm’s report is a summary of the key energy-related tax provisions contained in the budget proposal and discussed further in the U.S. Department of the Treasury’s general explanation of the proposal.

Download the report.

Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing offers a free guide to aid with preparation of business executives for depositions, titled “The Executive Guide to Depositions.”

The guide offers such practial tips as number three: “Steer Clear of Innuendo.” On that tip, the guide says, “Executives might be tempted t0 aim disparaging comments at the opposing side during a deposition. Avoiding this urge can be difficult when opposing counsel is peppering an executive with questions designed to impugn his or her credibility, competency and intellect. But resisting the temptation can prevent depositions from careening into chaos.”

Some of the other tips include how to handle ego, the importance of practicing, the lesson that depositions are not normal conversation, and more.

Download the guide

BP has published BP Energy Outlook 2035 country and regional factsheets, detailing the company’s predictions for the world energy picture through the next 20 years.

Among its predictions, the company sees North American energy production rising by 33 percent, while consumption expands by just 5 percent, making the continent energy self-sufficient by 2015. And North America’s share of global demand continues to decline from 22 percent today to 17 percent by 2035.

Also, the decline in energy intensity accelerates, the expected rate of decline post 2020 is 50 percent higher than the decline rate achieved from 1990-2010, declining 2.4 percent per year. And North American energy production grows by 1.3 percent per year from 2013 to 2035, slightly below the global average of 1.4 percent.

Download the factsheet.

In an interview published on Alston & Bird’s website, David Revelt, counsel in the firm’s Real Estate & Finance Investment Group, discusses the state of the solar industry in the United States, its growth and what the future holds against the backdrop of expiring state and local rebates and subsidies and the 30 percent federal investment tax credit.

He discusses how tax credits and other rebates factor into solar financing, the future for the solar industry after the ITC expires, and how he got involved in the solar industry.

Read the inteview.

Multiple compounding factors are driving national movement toward a more modern electricity grid, one that enables a cleaner energy future, reports the Interstate Renewable Council in a new white paper.

IREC says this report offers a unique look at easing that transition, and offers five insightful approaches for state utility regulators who, ultimately, will facilitate this transition through the rules and regulations that govern the electricity system and electric utilities.

“IREC seeks to provide regulators with some practical pathways for consideration as they address the changing roles and interests of customers and utilities,” says IREC’s Regulatory Program Director, Sara Baldwin Auck.

Download the white paper.

Bloomberg BNA has published the 2015 Outlook, which offers a comprehensive exploration of all the top issues facing the environment and energy industry.

The 60-page report is available for complimentary download.

Crafted by the Daily Environment Report editorial team, this report includes expert coverage on:

• EPA’s upcoming carbon emissions for power plants ruling
• Final guidelines of “waters of the U.S.”
• Decisions on ozone standards and updated standards on oil and gas drilling and production

Download the report.

NGVAmerica has published a complimentary white paper providing a historical and forward-looking perspective on oil prices, as well as those for gasoline, diesel and natural gas fuels.

The company’s analysis reveals a compelling case for the continued transition to natural gas-powered vehicles (NGVs), especially among commercial and government fleets for whom transportation costs represent a significant portion of their budgets. The long-term stability and low prices for natural gas relative to oil are likely to remain for many years – perhaps even decades, based on well-documented economic models.

“Volatility and short-term declines in crude oil and related gasoline and diesel prices mask the underlying long-term oil supply-demand imbalance,” the report says.

Read or download the white paper.

The National Law Review has posted a paper on the use of drones in the energy industry and the FAA’s upcoming proposed regulations governing unmanned aircraft systems’ usage.

Bracewell & Giuliani associates Michael Weller, Salo Zelermyer and Joshua C. Zive wrote the report.

“The expansion of the UAS market is inevitable, and the use of this technology by the energy industry will only increase,” the authors write. “That being said, there are challenges ahead.  The current approval process will soon give way to a new regulatory program.”

Read the report.

Applying ordinary principles of contract law, a unanimous U.S. Supreme Court vacated the Sixth Circuit’s ruling that provisions in expired collective bargaining agreements created a right to lifetime contribution-free health care benefits for retirees, their surviving spouses, and their dependents, according to a paper posted by Wolters Kluwer Law & Business.

The court disapproved of the reasoning in the Sixth Circuit’s 2009 decision in International Union, United Auto, Aerospace, & Agricultural Implement Workers of Am. v. Yard-Man, Inc. (Yard-Man).

The report says that retirees brought a class action against the employer after it announced that they would be required to make health care contributions. The retirees contended that the promise of “full Company contribution towards the cost of [health care] benefits” in collective bargaining agreements provided them with a vested right to receive lifetime health care benefits in retirement without any contributions.

Read the report.

The fundamental legal structure of a well written financial contract follows a state-transition logic that can be formalized mathematically as a finite-state machine (a.k.a. finite-state automaton), write Mark D. Flood and Oliver R. Goodenough.

The automaton defines the states that a financial relationship can be in, such as “default,” “delinquency,” “performing,” etc., and it defines an alphabet of events that can trigger state transitions, such as “payment arrives,” “due date passes,” etc. The core of a contract thus describes the rules according to which different sequences of event arrivals trigger particular sequences of state transitions in the relationship between the counterparties.

Download the white paper.

Dan Harris, a founding member of Harris Moure, has posted a piece on “Above the Law” describing how a lawyer’s client should ensure a proper signing by its Chinese counterpart.

“You must ensure that your contract is properly executed by the Chinese company with which you are contracting,’ he writes. “It should be with a duly formed Chinese company and signed by the legal representative of that Chinese company. The name and address of the Chinese company should accord with the information registered for this company and the Chinese company’s chop should be used to seal the contract.”

Read the story.

Merrill DataSite is offering a complimentary report designed to help take the guesswork out of choosing a contract management system. This tool will help determine an organization’s precise contract management needs – from storage to reporting and security, Merrill reports.

In addition to understanding the core requirement categories for contract management solutions, you will also learn what questions to ask, including:

• What information do I frequently need to search for?
• What reports do people ask for on a regular basis?
• What data security concerns are unique to your industry?

Download the free report.

Silanis Technologies has posted online a free white paper on the benefits of a fully electronic contracting process, extending beyond a streamlined workflow.

Pressure to transact faster, more efficiently and from the convenience of mobile devices is accelerating the adoption of e-contracting, Silanis says on its website. “If you’ve ever had to sign a contract with an organization that is not using e-signature technology, you are familiar with the additional work that can easily consume 30 minutes per interaction – open an email, print a document, sign it, scan it into digital format, convert it to PDF, email it to the vendor and archive it. Keeping the process digital saves these time-consuming tasks.”

But the benefits of a fully electronic contracting process extend beyond a streamlined workflow, Silanis says.

Download the white paper.

The American Bar Association’s Section of Litigation has posted a free white paper about the concept of “meeting of the minds” during contract negotiations.

On its website, the ABA says this concept remains misunderstood by many. Surely, by its terms, it should mean that the two parties, in fact, thought the same thing and reached an agreement on the same thing. In what other way could two minds meet? But this illusory concept has never been the true requirement for contract formation, and attempts to import subjective understanding into contract law have largely been unsuccessful, the ABA says.

Read the white paper.