By: Timothy Murray ONE TIME, I WAS REVIEWING THE TERMS OF A PROPOSED contract with an executive for a client that was buying a product for a significant sum of money. The document had been drafted by the seller, and it contained the customary provision excluding...
By: Steven J. Slutzky, Kevin R. Grondahl, and Nicholas P. Pellicani THIS ARTICLE COVERS 10 PRACTICAL TIPS THAT COUNSEL in a secondary offering can use to facilitate execution and avoid common pitfalls. Secondary offerings of equity securities by stockholders...
By: Timothy Murray , Murray, Hogue & Lannis BUSINESSES OFTEN CONDUCT THEIR TRADES BY UTILIZING documents that don’t appear to be contractual in nature but that contain contractual provisions—the information brochure accompanying a smartphone...
By: Stuart Gelfond and Joshua Wechsler , Fried, Frank, Harris, Shriver & Jacobson LLP, Hayley Cohen , Tradeweb Item 503(c) (17 C.F.R. § 229.503) of Regulation S-K requires that an issuer include in its registration statement a risk factor disclosure...
By: Jim Wagstaffe , The Wagstaffe Group COURTS HAVE INHERENT POWER TO ENFORCE SETTLEMENTS between the parties in cases pending before them. 1 However, courts have no inherent power to enforce settlement agreements after a case has been dismissed: “Enforcement...
By: Deonne Cunningham , Lead Counsel, North America Business (Wholesale), Direct Energy This article outlines the various steps that are required for acquiring or constructing a new natural gas facility and/or pipeline infrastructure project. YOU AND COUNSEL...
By: Annemargaret Connolly and Thomas D. Goslin , Weil, Gotshal & Manges LLP UPON COMPLETION OF THE ENVIRONMENTAL DUE DILIGENCE investigation, the buyer should have obtained a solid understanding of the environmental issues requiring attention after operations...
By: I. Bobby Majumder , Reed Smith LLP Market Activity 2019 has been eventful for the domestic oil and gas industry. Oil and gas acquisitions in the United States hit a 10-year low in the first quarter, with deal value plunging by over 90% just from the fourth...
By: Roberta Jacobs-Meadway This article addresses how to prove a trademark is famous when asserting a dilution claim in federal court or in a Trademark Trial and Appeal Board (TTAB) proceeding pursuant to the Trademark Dilution Revision Act of 2006 (TDRA). 1...
By: Jamala S. McFadden , Chandra C. Davis , and Raquel H. Crump , The Employment Law Solution: McFadden Davis, LLC This article provides guidance on the scope of permissible discovery employers may obtain from plaintiffs in employment discrimination lawsuits...
By: William C. Jhaveri-Weeks , Jhaveri-Weeks Law This article discusses the scope of discovery that plaintiffs can obtain from defendants in employment discrimination cases, including limitations on discovery that defendants often attempt to assert, such as privilege...
By: Patrick J. Lamparello and Noa M. Baddish Proskauer Rose LLP This article explains the process of mediating employment disputes, describes the contexts in which it may arise, and articulates the advantages and disadvantages of this process. Mediation is a...
By: Laurie E. Leader , Chicago-Kent College of Law and Effective Employment Mediation, LLC This checklist highlights the main points for attorneys to consider when pursuing the mediation of employment disputes, including sexual harassment claims. Parties may...
By: Timothy Murray , Murray Hogue and Lannis The word warranty isn’t just mired in confusion; it leaps, dives, and wallows in it. It means so many different things that the great Karl Llewellyn, the chief architect of the Uniform Commercial Code (U.C.C...
These guidelines will assist you in implementing a wellness program that complies with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Patient Protection and Affordable Care Act of 2010 (ACA), the Americans with Disabilities Act of...