Attorneys' Fees Awards: No License to Pickpocket
It is generally thought that a contract provision awarding attorneys' fees to a prevailing party will be enforced. The most recent saga in the Domino's system's equipment dispute confirms this principle, but, at the same time, suggests that courts will, when appropriate, restrict the amount of the award.
Features
New Contracts in Kansas Can No Longer Contain Commonly Used Liability Indemnity Provisions
The 2008 Kansas Legislature passed a statute that declares void as against Kansas public policy long-standing contract risk-allocation provisions in many commercial contracts ' including franchise and dealership contracts. The story begins in 2004, when the legislature enacted a prohibition against liability indemnity provisions in construction contracts.
Features
Index
Everything contained in this issue, in an easy-to-read format.
Federal Appeals Court Upholds <i>Lis Pendens</i> Law
The United States Court of Appeals for the Second Circuit in <i>Diaz v. Patterson</i>, 547 F. 3d 88, has rejected a due-process challenge to a New York law that allows a person who brings or plans to bring a lawsuit claiming an interest in real property to file a <i>lis pendens</i> against the property. The <i>lis pendens</i> is a document, filed in the office of the clerk of the county where the property is located, which serves to notify potential purchasers of claims against the property.
What Your Firm Can Learn from Toyota
Any adjustments we can make to our management style using LEAN processing techniques can significantly beef up a firm's bottom line.
Features
Law Firm Survival: Tough Economic Times Call for Sound Management
There are steps firms can take — many in the areas of accounting and financial planning — to best ensure that they emerge from the current economic slump just as strong as when they entered it.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe 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.Read More ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis 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.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe 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.Read More ›
- When It Comes to Trademark Searches, AI Misses the MarkArtificial intelligence tools powered by large language models have become valuable resources in the trademark process. Despite incredible progress in natural-language reasoning, AI tools still face fundamental limitations when it comes to performing even basic trademark searches. Here are five important reasons why.Read More ›
