Regulation

  • Contracting with Minors

    One of the fundamental principles of U.S. contract law is that a party must have the capacity to enter into a contract in order to be bound. Minors, as a general rule, lack this capacity. As a result, any contract made with a minor might not be enforceable. Yet in certain circumstances, contracts with minors are commonplace. The following identifies some risks, some mitigating solutions and the limitations of those solutions when contracting with a minor.

    November 02, 2015Michael L. Bloom, Mark McLoughlin, Tim Cross and Elizabeth Beitler

  • Data Sharing In the Cloud

    Storing and sharing data "in the cloud" has become, in many instances, a business necessity. The practical and economic advantages of cloud computing are clear ' it eliminates the need to send client data via traditional, costly methods, and is significantly less expensive than building and maintaining the same data storage capacity in-house.

    November 02, 2015Gregory Mottla and L. Elise Dieterich

  • Court Watch

    Franchisees and Dealers Should Plead Causation In Actions Against the Government
    Michigan Court Transfers Case Brought By 41 Franchisees to Franchisor's Home State

    November 02, 2015Cynthia M. Klaus and Bryan Huntington

  • Managing Security Risks During Labor Disputes

    Every company with union workers faces the risk of a labor dispute. Identifying any business risks and then managing them is a priority for executive decision-makers who must ensure that the company delivers its promises to stockholders, customers and employees. The process is well defined in business terms:

    November 02, 2015Peter Martin

  • Reviewing the CFAA

    Locks, the saying goes, keep honest people honest. But no lock is perfect and the determined thief will always find a way in. In recent years, it has become obvious that the same is true of the Internet.

    October 02, 2015Stephen M. Kramarsky

  • Peering Into Copyright Office's Report on Orphan Works

    What happens when a party wants to use a photograph, image, writing or other work that may be subject to copyright protection, but cannot identify or locate the original author to secure permission? The dilemma these "orphan works" poses was the subject of a recent 106-page report by the U.S. Copyright Office. The report has left the creative world abuzz and, in many cases, aghast at the implications of proposed legislation some believe would effectively overhaul the U.S. Copyright Act.

    October 02, 2015David M. Kohane and David S. Gold

  • Quarterly State Compliance Review

    This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between Aug. 1 and Oct. 1, 2015, including amendments to Delaware's corporation and LLC laws. It also looks at some recent cases of interest, including two decisions from Delaware's Chancery Court.

    October 02, 2015Sandra Feldman

  • NLRB Changes Rules for Determining Joint Employers

    The long-awaited decision of the National Labor Relations Board (NLRB) in Browning-Ferris Industries of California set forth new guidelines under which a company could be determined to be a joint employer so that it would be subject to collective bargaining.

    October 02, 2015Charles G. Miller

  • 2015 Trends: Balancing Judicial vs. Corporate e-Discovery Practices

    The changing data landscape and prevalence of new data sources continues to impact how e-discovery is addressed. I had the opportunity to discuss these impacts with Andrea D'Ambra, senior counsel for Norton Rose Fulbright, as part of a recent webcast. We compared and contrasted findings from Norton Rose Fulbright's Litigation Trends Annual Survey of in-house counsel and Exterro's 2015 Federal Judges' Survey. Following are the takeaways we discussed.

    October 02, 2015Bill Piwonka