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Browse, Click, Sign, Enforce?
Signing, dating and keeping a record of a paper contract are standard practice ' afterthoughts most of the time. However, that standard practice does not easily translate to online legal agreements ' those that are native to websites, mobile apps and other digital platforms, and use such language as “Terms of Use,” “Terms of Service,” “Privacy Policies” and disclaimers. How are those agreements presented on your website or your that of your client? How are those agreements accepted? How do you track who is agreeing to what and when they agreed?
The answers to these questions can make or break the enforceability of even the best-drafted agreements ' a problem that has plagued companies like Zappos.com, Overstock.com and TransUnion. Lawyers who routinely prepare online legal agreements stop short of providing complete and adequate legal services when they deliver these agreements and collect their fees without advising on the ongoing management, tracking and enforceable implementation of those agreements. However, lawyers can no longer plead ignorance when it comes to the technical implementation and management of the agreements they provide ' it borders on malpractice to do so. If an agreement is not enforceable, why even have one in place at all? This article discusses ways in which lawyers can advise clients how to implement and manage their online legal agreements ' both browsewrap and clickwrap varieties ' to maximize enforceability.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.