is a forum of equity based on evidence, and parties who take this route should
get to the issue at hand without slowing down the process with the unnecessary
trappings of litigation. From the perspective of an experienced arbitrator and
Mary Clark discusses methods for successful alternative billing arrangements, from the Inside Counsel 10th Annual SuperConference.
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Pat Lamb of Valorem Law Group speaks on Alternative Fee Billing, from the Inside Counsel 10th Annual Superconference
department should develop a strategic plan to assure that its view of its role
and the view held by its clients coincide. A plan also enables a law department
to chart out details of that role, what resources it has and what additional...
Margit Livingston analyzes a recent bankruptcy case in which the court apparently
misunderstood the distinction between chattel perfection and fixture filings.
perfect security interests under Article 9 of the...
cyber-attacks and data breaches are becoming increasingly commonplace,
management and corporate boards are seeking avenues to transfer a wide-range of
potential cyber risks through an insurance policy. Mr. Zeichner discusses the
four key questions...
Texas practitioners understand the need to expressly set out the types of
negligence they wish to receive or give indemnity upon to an indemnitee. They
also understand, and most generally comply with the requirement for
Paul J. McNulty, Stephen Martin, Patrick Thesing
challenging legal and regulatory environment has made it absolutely essential
to establish an effective global compliance program. This need is fueled by the
by Steve Kranz, Diann Smith and Beth Freeman
May 6, the House Judiciary Subcommittee on Commercial and Administrative
(CAL), chaired by Representative Steven Cohen (D-TN), held a hearing on
income taxation to explore what role, if any...
Court opinion, Automatic Canteen Co. v. FTC, brought some order to Section
2(f). Prior to that time, the FTC had not brought an action under Section 2(f).
Automatic Canteen promulgated substantive and evidentiary rules for determining
On this edition, Chad Hoekstra of HH Advisors and Jonathan B. Wilson of Taylor English Duma LLP discuss how valuing a renewable energy company raises unique issues that can affect the structuring of the investment agreements and financing agreements....
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Client perspective is the primary concern for legal work valuation. Quite simply such work must serve the client's interests or it does not possess any value. The degree to which it does serve those interests will determine how valuable it is. Therefore...
Corporate law departments must develop a complete understanding of how the law-related matters entrusted to them create or deliver value to the business operations and that they develop a language and metrics by which they can communicate that information...
in ordinary course of business ("BIOCOB"), usually takes free of even
perfected security interests. In a recent federal district court case, the
court tackled the issue of what it takes to be a BIOCOB in a situation where
In the Matter of Dave & Buster's, Inc., FTC File No. 082 3153 (March 25, 2010), the Federal
Trade Commission (FTC) has accepted a consent agreement from Dave &
Buster's, Inc. relating to alleged inadequate information security practices...
in-house lawyers retain outside counsel on behalf of their companies for what
they anticipate might be a long-term relationship, they often use a retention
letter or agreement. Those documents typically do not address many aspects of
with debtor name changes can be a tricky problem for secured parties. Only
three pieces of information are required on a financing statement--the debtor's
name, the name of the secured party or its representative, and an indication of
interplay between contract and patent law is examined by Timothy Murray, Esq.
in the context of Wisconsin Alumni Research Foundation v. Xenon
Pharmaceuticals, Inc., 591 F.3d 876 (7th Cir. 2010).
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Mr. Lauer writes: Absent good communication, in-house
and outside counsel's ability to work together effectively to represent their
mutual client will suffer. Establishing good channels between the in-house and
outside attorneys is necessary at the...
Disasters during the past decade have forever altered legal counsel's role in small and
large businesses alike. In addition to traditional areas of responsibility --
such as corporate governance, financial risk, and personnel, counsel must now
cases, filing a financing statement will protect the lessor/secured party from
other secured parties. However, one type of transaction has bedeviled the
courts for many years--the secured transaction disguised as a lease. Professor
On February 23, 2010, the Supreme Court settled the question of where a principal place of business is by unanimously ruling in Hertz Corp. v. Melinda Friend, et al., 2010 U.S. LEXIS 1897, that a company's "principal place of business" for...
Even in Virginia, which recently placed
which recently placed first in a ranking of the " Best
States for Business " by Forbes.com, businesses often fail.
Particularly in small companies, relationships among the owners sour and partnership
and Materialmen's (M&M) liens have long been favored under Texas law. This
article will set out the basis for both types of liens, provide practice tips
to help those who might be required to work in this area and present to the