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Features

'Best Efforts,' 'Commercially Reasonable' and Other Terms No One Understands Image

'Best Efforts,' 'Commercially Reasonable' and Other Terms No One Understands

Grant Esposito & Jessica Kaufman

In this article, the authors explore why vague contractual terms are routinely used, explain how they have been inconsistently interpreted by the courts, and offer some practical tips to minimize the havoc ambiguous terms can wreak.

The Panama Papers: A Small Part of a Larger Challenge? Image

The Panama Papers: A Small Part of a Larger Challenge?

Stanley Foodman

The Panama Papers has become a new buzz phrase. Information contained in the Panama Papers ' the unprecedented leak of 11.5 million internal documents from the Panamanian law firm Mossack Fonseca ' illustrates the dangers of noncompliance for U.S. taxpayers and for citizens of other countries with whom the U.S. has exchange of information agreements.

Columns & Departments

<b><i>e-Discovery and Security</b></i> The Inevitable Reinvention of the e-Discovery Industry Image

<b><i>e-Discovery and Security</b></i> The Inevitable Reinvention of the e-Discovery Industry

Jared Coseglia

The e-discovery industry is on the precipice of major change yet again, and this time it is all about security. What will distinguish the winners from the losers in the next few years will be an organization's ability to do one of three things: consolidate, innovate or reinvent.

Features

Exit Strategies: Think Like a Start-up Image

Exit Strategies: Think Like a Start-up

Howard Cohl

Whether businesses sell hard goods, license technology or dispense advice ( e.g. , law firms), the common thread is that they are all businesses founded by one or more individuals, all of whom will someday exit the business. Law firms are businesses, and all too often partners and founders lose sight of that basic premise.

Features

'Consent to Assignment' Clauses Held Unenforceable Image

'Consent to Assignment' Clauses Held Unenforceable

Sherilyn Pastor

After a loss, an insurance policy's consent-to-assignment clause is unenforceable. In fact, California, which had until recently been in the minority on this issue, now has corrected course.

App-portionment In the Supreme Court In <i>Apple v. Samsung</i> Image

App-portionment In the Supreme Court In <i>Apple v. Samsung</i>

Jonathan Moskin

The Supreme Court granted Samsung's request, in <i>Apple, Inc. v. Samsung,</i> for certiorari to consider whether Section 289 of the Patent Act requires an apportionment of profits for only the infringing feature(s) of the accused product, or instead contemplates profits for the entire product.

Features

Joint Employment and the Contingent Worker Image

Joint Employment and the Contingent Worker

Robert G. Brody & Katherine M. Bogard

Contingent employment arrangements result in third parties, such as the temporary staffing agency, employing the workers ' not the company on whose behalf the work is being performed. These arrangements generally allow the putative joint employer to minimize or even avoid functions such as recruiting, screening, hiring, paying workers, and complying with labor and employment laws. This avoidance, however, often comes with significant risks.

Features

Media & Communications: Wikipedia Image

Media & Communications: Wikipedia

Rhiannon Ruff

The usefulness and ubiquity of Wikipedia makes it nearly everyone's first port of call for online research. Because of Wikipedia's importance, it presents both a huge opportunity and a great danger to companies and people written about in its virtual pages.

Columns & Departments

Development Image

Development

Expert analysis of two key cases.

Features

Preparing for New Crowdfunding Regulations Image

Preparing for New Crowdfunding Regulations

Katayun I. Jaffari & Kimberly W. Klayman

On May 16, Regulation Crowdfunding came into effect. Regulation Crowdfunding is applicable to crowdfunding offerings conducted in reliance on Section 4(a)(6) of the Securities Act of 1933, as amended.This article summarizes the practical terms of the crowdfunding rules.

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