Negotiating Cloud Computing Agreements
Though given different names, cloud computing has been around for some time, and the legal lessons learned from experience with traditional software licensing and outsourcing agreements can and should be applied to cloud agreements, but there are new issues which will need new solutions.
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Alternative Fees
The diversity of AFA approaches and objectives can divide consumers and providers of legal services, and magnify the law firm-client communication challenges presented by movement away from an entrenched business model.
The Timing and Substance of M&A Disclosures
Two recent decisions provide useful guidance concerning both the timing and substance of disclosures in the context of M&A activity.
Squaring Off: The Right of Publicity v. The First Amendment
Recently, two incidents involving one of the world's most famous couples, President Barack Obama and First Lady Michelle Obama, once again brought the focus onto right of publicity issues, as well as potential First Amendment defenses to right of publicity claims.
Braving Tempestuous Times: Hell-or-High-Water Obligations Maintain Their Viability Despite Leasing Scams and a Troubled Economy
Part One of this Article discussed the impact of some of the recent NorVergence cases on the viability of hell-or-high-water obligations for third-party financing of lease obligations. This second installment discusses the effect of several other cases on the financing of hell-or-high-water lease obligations and accounts receivable obligations in a decade marked by credit crisis and financial fraud, and provides some practical strategies to assure wary funding sources that hell-or-high-water obligations will remain a viable route for navigating treacherous economic seas.
Rule B: Good Riddance to Maritime Pre-judgment Attachments of EFTs
While those who made a living prosecuting (and defending) Rule B attachments have to be disappointed by <i>The Shipping Corporation of India, Ltd., v. Jaldhi Oversees Pte. Ltd.</i>, the commercial bar generally and participants in international trade, including generally equipment lessors (<i>e.g.,</i> marine cargo container lessors), are grateful for the decision.
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Taxpayer Suffers SILO (Pre-tax) Loss in Wells Fargo
In <i>Wells Fargo & Company v. United States</i>, a court considered for the first time SILOs involving domestic municipal transit agency lessees. While one would have thought that the domestic and federally approved nature of the transactions would have some influence on the decision, they did not.
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Managing the Compensable Workday in a New Electronic World
What is work? When does the workday begin and end? These seemingly easy questions are not so easy anymore. Here's why.
Achieving Law Firm e-Mail Utopia
Most firms have made no dedicated effort to address e-mail management outside of technology considerations. The following recommendations assume that the firm has a viable repository for e-mails where they can be easily moved in their native format. Firms must focus on development of policies and procedures, modes of enforcement and educational programs to address e-mail management.
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