The User-Friendly Proxy Statement
August 01, 2016
Attention, public companies: While your proxy statement is likely your most read disclosure document, its readership is spotty. Your retail owners and employees likely focus on some of the compensation information, but little else. Here's how to fix the problem.
Electronic Discovery: A Level Playing Field?
August 01, 2016
Courts have sanctioned corporate defendants for years for failure to produce or preserve electronically stored information (ESI). There have been, however, a few decisions in which courts have imposed sanctions or other penalties on plaintiffs who destroyed ESI. The misconduct giving rise to sanctions has varied from fraud and bad faith to inadvertence.
The Internet Is Not a Consequence-Free Zone
August 01, 2016
The ability to create, share, and misappropriate content ' all in an instant ' on social media has radically increased the number of unwitting copyright owners and infringers. Those who publish their musings, photographs, videos via Twitter, Facebook, Instagram or YouTube, for example, do not necessarily know that their content may be protected by copyright law. By the same token, those who make use of others' content typically give little thought to whether their actions constitute copyright infringement.
Standing the Test of 'Time Is of the Essence'
August 01, 2016
Real estate purchase and sale contracts have included the magic language, "Time is of the Essence" (TOE), seemingly since time immemorial. Practitioners should be mindful, however, of the meaning of TOE and the significance of its absence from a contract.
Arbitration Issue in Suit Against Roger Ailes
August 01, 2016
A sexual harassment suit filed against Fox News Network chairman and CEO Roger Ailes by former anchor Gretchen Carlson is influenced by varying climates in New Jersey and New York when it comes to arbitration agreements.
Case Notes
August 01, 2016
Cases involving a non-paying restaurant tenant and statutory theft.
Federal Circuit Provides Clarity For Contract Manufacturing On-Sale Invalidity Claims
August 01, 2016
In <i>The Medicines Company v. Hospira</i>, the Federal Circuit provided clarity and guidance to companies that rely on contract manufacturing, holding that "to be 'on sale' under '102(b), a product must be the subject of a commercial sale or offer for sale, and that a commercial sale is one that bears the general hallmarks of a sale pursuant to Section 2-106 of the Uniform Commercial Code."