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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.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.