The days of signet rings, sealing wax and now, even ink signatures, are past. One might be found to have signed or subscribed to an agreement by the seemingly inconsequential act of sending an email, says Matthew McLaughlin of Venable LLP.
In Brazil, enacting a law does not guarantee it will be enforced. So it remains to be seen whether the new Brazilian Anticorruption Act will have a real impact. But one thing is certain: In the deal scenario, sufficient anti-corruption due diligence and negotiation of protective language in transaction agreements will be a must to avoid liabilities and reputational damage, say Lior Pinsky and Renata Fialho de Oliveira of Veirano Advogados.
Unfortunately, the credentials normally supplied by Big Law firms in beauty contests simply do not tell in-house counsel what they really want to know. Without discounting the difficulty of obtaining helpful information from candidates for outside counsel, there is one question that may be useful for in-house counsel to pose, says Andrew Jarzyna of Ulmer & Berne LLP.
The recently filed New York Pizzeria case serves as a reminder that those in the restaurant industry must closely guard their cooking secrets and employ effective nondisclosure and confidentiality agreements, assuming that employees may work for a competitor following their departure, says Jessica Mendelson of Seyfarth Shaw LLP.
Companies in the hospitality industry have been reported to be the no. 1 targets for computer hackers and other thieves of electronic data. A smart blend of careful contracting, insurance coverage, due diligence and follow-up with employees can assist greatly in reducing the risks associated with data security breaches, say Joshua Gold and Marshall Gilinsky of Anderson Kill PC.
An issue that has been the subject of increasing interest and debate over the last several years is whether or not the standard provision for late fees in a residential lease is enforceable in California. And the reason for varied and conflicting perspectives on the subject appears to be the fact that California case law is itself unclear as to what charges are reasonable for a landlord to assess, says Andrew Howard of Robins Kaplan Miller & Ciresi LLP.
In its opinion in SIGA Technologies Inc. vs. PharmAthene Inc., the Delaware Supreme Court surveyed applicable law in a number of other jurisdictions, including New York, and distinguished several other cases on the basis that Delaware law did not apply. The opinion reinforces the importance of considering the relevant law to govern an agreement, since the choice could have real-world consequences, says Christopher Austin of Cleary Gottlieb Steen & Hamilton LLP.
Had emotion led to a verdict finding concert promoter AEG Live LLC liable for Michael Jackson's death, the law regarding the tort of negligent hiring and supervision would be left in a state of disarray, says Ryan Kerns of Wild About Trial.
In what may be the best sign to date that the price for renewable energy sources are becoming increasingly competitive with the price for traditional energy sources, recently, Massachusetts and Connecticut separately announced contracts to purchase over 800 megawatts of clean wind and solar energy from projects to be constructed in the region, says David Bogan of Edwards Wildman Palmer LLP.
President Obama seems to be of the view that if law school were reduced to two years, students would incur two-thirds of the expense of attending law school, be burdened by two-thirds of the debt they currently have, and be generally economically better off than they are today after three years of law school. Most startling about the president’s proposal, however, is that he did not discuss the educational effect of his suggestion on the students or the effect on their clients, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.