By: Stephen R. Martin ARNOLD & PORTER KAYE SCHOLER LLP What is a Risk Assessment? A risk assessment is a review undertaken to help an organization understand its business and manage the related strategic, operational, financial, and/or compliance risks...
By: Terrance Oben OBEN LEGAL THIS ARTICLE DISCUSSES PRACTICAL STEPS THAT companies can take to successfully embed a positive...
By: Candice Choh and Kari Krusmark, GIBSON, DUNN & CRUTCHER LLP A joint marketing agreement is a contract pursuant to which one or both of the parties will collaborate in order to promote the sale of product and service offerings of the other party. Such...
By: Timothy Murray , MURRAY, HOGUE AND LANNIS With the e-commerce explosion, sellers are peddling goods and services over their websites at unprecedented rates. From a contract law perspective, this ought to be a seller’s nirvana: the seller alone establishes...
By: Robert D. Starin , K&L Gates LLP. The tax treatment of carried interest has for many years been a high-profile target for potential reform. “Carried interest” refers to the share of profits or gains from investment received by a manager of...
By: Richard D. Glovsky , Locke Lord LLP. THIS ARTICLE ADDRESSES PROTECTED STATUS HARASSMENT issues, a subset of discrimination claims that arise where an employee alleges that he or she was subjected to unwelcome conduct in the workplace due to the employee’s...
By: Timothy Murray , Murray, Hogue & Lannis. RECENTLY A TEXAS COURT CONSTRUED A CONTRACT replete with common provisions designed to limit the supplier’s financial exposure in the event of its breach and proceeded to hold every one of them inoperative...
Adapted by Alyssa Heumann . THE LAWYER’S MOST IMPORTANT ROLE IN CONNECTION with the launch of a new private equity fund (PE fund) will involve the preparation and negotiation of the key documents for the offering of its interests. The sale of PE fund interests...
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 might...
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: Hannah DeLuca , W. Andrew Douglass , and Elizabeth Bray , Polsinelli P.C. This article addresses the steps that plan sponsors and fiduciaries must take to locate and notify missing participants in qualified defined contribution and qualified defined benefit...
By: Michael S. Kun , Jeffrey H. Ruzal , and Kevin Sullivan , Epstein Becker & Green, P.C. This checklist identifies the main risk categories for wage and hour self-audits. To avoid potentially significant liability for wage and hour violations, employers...
By: Jeffrey M. Landes and Ann Knuckles Mahoney , Epstein Becker & Green, P.C. This article provides advice and guidance to employers regarding how to ensure compliance with equal pay laws, particularly the Equal Pay Act of 1963 (EPA). ALTHOUGH THE EPA HAS...