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By: Devika Kewalramani IT IS NOT UNUSUAL FOR IN-HOUSE COUNSEL TO WEAR many hats in an organization’s business, legal, compliance, regulatory, risk management, or business development matters. Playing different internal roles can create possible risks for both in-house counsel and the organization... Read More
By: Devika Kewalramani, Moses & Singer With a changing legal landscape, increasing regulatory compliance, and global economic uncertainties, corporations—foreign and domestic—are... Read More
SUPREME COURT TO RULE ON VALIDITY OF CLASS WAIVERS IN EMPLOYMENT CONTEXT By: Lexis Practice Advisor Staff THE U.S. SUPREME COURT IS expected to decide this term whether the collective-bargaining provisions of the National Labor Relations Act (NLRA) prohibit enforcement of agreements requiring employees... Read More
By: Devika Kewalramani MOSES & SINGER LLP Lawyers are prohibited from sharing legal fees with non-lawyers unless an exception applies. The issue of fee sharing infrequently arises for in-house counsel as they are typically salaried employees who usually do not receive fees for advising their corporate... Read More
By: Nicholas R. Merker and Blaine L. Dirker, ICE MILLER LLP As Internet-connected mobile devices (e.g., smartphones, laptops, tablets, wearables, smart appliances, etc.) have become seemingly ubiquitous, consumers now have more ways than ever to access the Internet to interface with social... Read More
By: Devika Kewalramani , Moses & Singer LLP Disgorgement of legal fees is a harsh, but not unusual, penalty. Although this unforgiving sanction is more frequently imposed on outside counsel, it is not uncommon for in-house counsel to be required to disgorge and forfeit their compensation due to... Read More
THE UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) With the enactment of the America Invents Act in 2011, the PTAB was charged with conducting proceedings to address challenges to existing patents. Those proceedings “have significantly changed the patent landscape by providing a faster, cost... Read More
By: Gary Deutsch M.B.A, C.P.A. AS COUNSEL FOR ONE OR MORE BUSINESSES TYPES (for-profit and/or non-profit), you are often asked to advise on many different... Read More
HHS AGENCY PROPOSES RULE TO STABILIZE INSURANCE MARKETPLACE THE CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS) issued a proposed rule aimed at stabilizing individual and small group health insurance markets in anticipation of Congress’ possible repeal and replacement of the Affordable Care... Read More
By: Devika Kewalramani , Moses & Singer LLP. Federal and state courts have the power to disqualify a lawyer from continuing to represent a client by requiring withdrawal when a disabling conflict of interest exists. While courts are generally reluctant to impose this harsh remedy—recognizing... Read More
By: James E. Meadows , Culhane Meadows PLLC. Cloud computing is a subscription-based service that offers on-demand network access to a shared pool of configurable computer resources (e.g., networks, applications, servers, storage, etc.) that is usually hosted by the supplier and provided over the... Read More
By: Timothy Murray , Murray, Hogue & Lannis. There are innumerable articles, books, and seminars that offer guidance on contract drafting style. Among many other things, they typically counsel drafters to avoid legalese, redundancy, inconsistency, and ambiguity—all important suggestions... Read More
By: Devika Kewalramani, Esq. , Moses & Singer LLP. The practice of law has no universally accepted definition, but the unauthorized practice of law is well-defined in jurisdictions around the country. Most states have an assortment of rules of professional conduct, statutes, and/or court rules... Read More
Q&A with: Neil J. Wertlieb , Milbank, Tweed, Hadley & McCloy LLP Please tell us about your current practice and the types of transactions you typically handle. My practice at Milbank focuses on corporate transactions, primarily acquisitions, finance, securities offerings, real estate and... Read More