Executive Summaries

 
 
  • Cost Savings Through “Legal Procurement”

    For many years, GCs and in-house attorneys resisted the influence of legal procurement. Meantime, legal spending for many companies grew as litigation risks increased, government oversight required more detail, and rates increased as major firms competed on...

    • Posted 2 months ago
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  • The Limits of “Sole Discretion” in Contracts

    Companies often enter into contractual relationships that give them “sole” or “absolute” discretion to make strategic business decisions. But in many states a covenant of good faith and fair dealing is implied in every contract, and that...

    • Posted 2 months ago
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  • “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 months 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 months 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 months 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 months 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 months 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 months 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 months 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 months ago
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