Law Firms' Access to Client Reviews
February 24, 2010
Outside counsel can now see what their in-house clients think of their job performance, according to the Association of Corporate Counsel's new law firm rating system.
Negotiating Cloud Computing Agreements
February 24, 2010
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.
Alternative Fees
February 24, 2010
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.
Squaring Off: The Right of Publicity v. The First Amendment
February 24, 2010
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.
Worker Misclassification to Receive Heightened Scrutiny
January 28, 2010
Over the past year, federal and state governmental agencies have signaled their intent to more seriously investigate the misclassification of employees as independent contractors. Penalties for misclassification are severe and can put a company out of business.
Electronic Privacy in the Workplace
January 28, 2010
Electronic privacy in the workplace is already a tangled subject, with only a few sure footholds for employers. The Supreme Court's upcoming ruling in <i>Ontario v. Quon</i> will hopefully provide some unifying guidance in this developing area of the law.
DE Chancery Court Won't Dismiss Action Seeking Dissolution of a Deadlocked Joint Venture
January 28, 2010
Unsuccessful 50/50 joint ventures often lead to disputes between the partners and, in some cases, may produce noteworthy judicial decisions. Such is the case with <i>Lola Cars International Limited v. Krohn Racing, LLC, et al.</i> in which the Delaware Court of Chancery recently refused to dismiss claims arising out of a deadlocked joint venture structured as a limited liability company ("LLC"),
The SOX 'Clawback' Provision
January 28, 2010
In the wake of this renewed interest in executive compensation issues, a recent SEC enforcement action involving Section 304 of the Sarbanes Oxley Act ' also known as the compensation "clawback" provision ' has generated a flurry of attention.
Anti-Takeover Measures in Ebay v. Craigslist
January 28, 2010
The courts have sought to create a level playing field for hostile takeover such disputes, emphasizing that "a corporation does not have unbridled discretion to defeat any perceived threat." Where does it stand now?