• “Umbrella Damages” Forecast For Canada

    A customer buys a product from Manufacturer A. Two other dominant manufacturers of the product (B and C) previously conspired to raise prices. Although Manufacturer A was not part of that conspiracy, it nonetheless raised its prices...

    • Posted 2 years ago
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  • Fraud Carve-Outs and the Unintended Consequences of Reliance Disclaimers in M&A Transactions

    Delaware and New York courts routinely uphold reliance disclaimers to limit representations and warranties forming the basis of an M&A agreement to those expressly stated in the contract. M&A agreements often contain various forms of fraud carve-outs,...

    • Posted 2 years ago
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  • How to Conduct a Successful Internal Misconduct Investigation

    Organizations of all sizes confront issues of misconduct. Setting aside allegations that must be investigated in a very specific way under state and federal labor and employment laws (sexual harassment or claims of bias, for example), there...

    • Posted 2 years ago
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  • Advising Food Company Executives at a Time of Increased Regulatory Risk

    Food companies need to be aware of the increasingly litigious environment surrounding food products, which now also includes the risk of criminal enforcement against both the company and its individual executives for violations of the Federal Food,...

    • Posted 2 years ago
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  • Harnessing Technology for Legal Compliance

    Data analytics is a powerful tool that corporate legal departments can harness to help achieve their regulatory and compliance objectives. Essential steps include conducting a thorough risk assessment and mapping vulnerabilities to inform the imposition of strong...

    • Posted 2 years ago
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  • New IP Protection for Fashion Industry

    Fashion brands in the United States have no specialized laws to protect their designs and innovations. They must rely upon existing intellectual property laws to protect what they create. They have increasingly relied upon design patents and...

    • Posted 2 years ago
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  • Provisional Patent Rights – An Underutilized Protection

    Historically, there was almost nothing that could be done if a competitor copied your idea while a patent application is pending. Under a 1999 revision to the patent laws, however, a patent applicant can seek a reasonable...

    • Posted 2 years ago
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  • Find the Right Cyber Insurance Policy

    Cyber insurance policies have evolved rapidly over the last several years as the insurance industry seeks to align available coverage with risk and demand while avoiding massive losses. Insurers offer first and third party insurance. First party...

    • Posted 2 years ago
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  • Ancient Documents, Hearsay and Upcoming Changes

    Controlling the burgeoning costs of e-discovery was a prime driver behind the 2015 amendments to the Federal Rules of Civil Procedure. Under the radar during the same time period, there was activity by the Judicial Conference Advisory...

    • Posted 2 years ago
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  • Implementing an Effective Trade Secrets/Confidential Information Protection Program

    With the easy portability of information enabled by technology, it’s important for in-house counsel to implement a trade secrets/confidential business information protection program. Such a program will have two principal components: physical security and legal security. It...

    • Posted 2 years ago
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