Feature Articles

 
 
  • 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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  • Lawyers On Drugs

    Secretly strung out on drugs, the Wilson Sonsini IP attorney had became increasingly erratic and distant from his family, while still managing to keep up on his work, before eventually dying of an infection attributable to intravenous...

    • Posted 3 months ago
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  • Administrative Review Council Adds Value to Arbitration

    Sometimes parties to an arbitration argue about whether there should be an arbitration at all, or whether they are properly-named participants. Those questions are for the courts or the arbitrator. Parties may also disagree about where the...

    • Posted 4 months ago
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  • How will Gorsuch Field State and Local Tax Issues?

    The presence of Neil M. Gorsuch could prove to be a key factor in decisions regarding state and local tax (acronym “SALT”) that the Supreme Court will soon consider. Currently the SALT community is focused on how...

    • Posted 4 months ago
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  • Successful Implementation of Law Department Time-Tracking

    In order to increases productivity and reduce unnecessary expenses, many law departments are seeking greater transparency with regard to how employees spend their time. Time-tracking initiatives in particular are becoming common as a way to identify workflow...

    • Posted 4 months ago
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  • Ten Ways to Improve Your Arbitration Clause

    Many companies use arbitration clauses in their contracts. One of the primary reasons is the desire to avoid class actions. Another is the understanding that arbitration can be less expensive, more efficient and quicker than litigating. However,...

    • Posted 6 months ago
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