Performing a Litigation Audit on Your Corporate Agreements
July 28, 2009
In the event litigation occurs, previously ignored boilerplate provisions may well determine who maintains leverage throughout the case and, ultimately, who prevails. This article discusses the applicable general principles and drafting considerations for some of the most frequently litigated boilerplate provisions.
Grant Money Doesn't Come Free
July 28, 2009
Here is a list of some things that in-house counsel may find surprising about the terms and conditions of the grant that a business might hope to receive under the Recovery Act. This list is especially critical for grant neophytes, particularly for-profit companies making their first foray into the grants world.
Virtual Contacts and Personal Jurisdiction
June 29, 2009
This article analyzes how courts are handling jurisdictional questions attendant to the next generation of technology, such as forms of "cloud computing," including virtual data rooms and social networks. As these technologies continue to develop and opportunities arise to increase revenue, companies risk having to defend themselves in far-off jurisdictions never before contemplated.
Deciphering SEC Enforcement and Its Impact on e-Discovery
June 24, 2009
In October 2008, the Securities and Exchange Commission (SEC) for the first time made public its Enforcement Manual, the agency's internal reference guide for Enforcement Division staff in the investigation of potential violations of the federal securities laws. Law firms and corporations involved in matters before the SEC will find it a valuable resource to aid their understanding of SEC operations.
Insurance for Data Security Breaches And Consumer Privacy Claims
June 24, 2009
Every other day we read about some new data security breach or proposal to regulate the use of consumer's private data. However, there is good news too: Most courts are intolerant of privacy claims brought by plaintiffs who have suffered no actual damage, and most companies have insurance for privacy claims without knowing it.
IP's Impact on M&A and Corporate Values
June 24, 2009
In this far-ranging interview, Susan Perng Pan, Washington, DC-based patent attorney and partner of the intellectual property firm SUGHRUE MION, PLLC, discusses best practices and strategies for in-house counsel to assess, protect, and evaluate the worth of their portfolios, both domestically and globally.
Quarterly State Compliance Review
June 24, 2009
This edition of the Quarterly State Compliance Review looks at legislation of interest to corporate lawyers that went into effect from May 1 through July 1. It also examines recent decisions of interest from the courts of Delaware, Texas, and Washington.
