Legal Insights
Thought leaders from around the world contribute their perspectives on landmark cases, new legislation, and legal perspectives on new technologies, business practices, and civil procedure.
Featured Articles
Restrictive Covenants in Michigan: A Cent, a Peppercorn, or Continued At-Will Employment
Martin C. Brook
The Michigan Supreme Court, in a 2002 case, has commented that a “cent or a pepper corn, in legal estimation, would constitute a valuable consideration.” Essentially, this means that courts refrain from evaluating the quality of the deal, i.e., whether it was good or bad for one party.
Small Case, Important Principles For Written Agreements
Robert M. Steeg
The Louisiana state Court of Appeals for the Fifth Circuit's recent ruling could spell big things for written arguments in the future.
Disrupting Procurement: The Process Contract and Other Avenues
Jodie Burger
Fortunately, for procuring authorities, process contracts can generally be excluded with a well-drafted exclusion clause in the tender.
Cloud Computing: An Exercise in Architecting Trust
Kelly L. Frey Sr.
Rather than the cloud being a thing, it is actually a process.
When the Levy Breaks
Warren Friedman
Tariffs on construction materials are capricious, unpredictable, and often spectacularly ill-timed. How can the industry prepare?
It's Cheaper, But What's the Cost? - Uber and the Sharing Model
Sean T. McGee
Union-side counsel provides information about the safety of Uber.
Q&A with François Muller at Altana
"The biggest challenge here is to master the complexity and sophistication of the French construction law."
FEMA Will Audit Emergency Response Efforts After Hurricane Maria
Sidney F. Ansbacher
New law requires FEMA to audit failed hurricane contracts.
USA v. Moss Limits Regulatory Jurisdiction on the OCS
Grady S. Hurley
The U.S. Department of the Interior (DOI) has primary regulatory jurisdiction over OCS oil and gas operations. Following the Deepwater Horizon incident in 2011, the Bureau of Ocean Energy Management (BOEM) was created to issue leases and the Bureau of Safety and Environmental Enforcement (BSEE) established to promote safety, protect the environment, and conserve national resources.
Is Your Contractual Partner Insolvent or under Criminal Investigation?
Violeta Saranciuc and Cosmin Vasile
This is how it may affect your ongoing dispute.
We Have an Arbitration Agreement, So What Are We Doing in Court?
Patricia H. Thompson
Very simply, delay in dispute resolution is bad for business.
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Practical Legal Advice: What to do When a Loved One Dies
Salvatore Grillo
When someone you love, whether a relative or close friend, dies, the last thing you want is to start figuring out the legal process.
Are Uber Drivers Employees or Independent Contractors?
William W. Hurst
Some Uber drivers earn well below the minimum wage rate per hour.
“Defend Trade Secrets Act” Signed Into Law Effective May 11, 2016
Brooks Kushman
The Defendant Trade Secrets Act of 2015 (“DTSA”), was signed into law by President Obama on May 11, 2016. The new statute creates broad private federal cause of action for trade secret misappropriation and has been hailed as “the most sweeping change to the nation’s intellectual property laws in a generation or more.”
Your Cloud Contracts Shouldn't Bury Limitation of Liability Clauses in the Fine Print
John P. Hutchins
In most states, there is no general applicable rule of law forbidding one contracting party from waiving all recourse in the event of breach by the other.
International Child Abductions
Ronald Litvak
The objects of the Hague Convention on the Civil Aspects of International Child Abduction (hereinafter "Convention") are to "secure the prompt return of children wrongfully removed" from their country of habitual residence, and "ensure the rights of custody and of access under the law of one contracting state are effectively respected." Convention, Article 1.
Current Hot Topics in Transportation Law
Dennis Minichello
Certain issues are more “hot” than others, both because they have jumped to the forefront in operational decisions, as well as because the state of the law is somewhat in flux.
Central Intelligence
Françoise Gilbert
To truly flourish, the smart cities of tomorrow must harness their data—but make sure they are doing so legally, ethically, and securely.
The Other Shoe Drops—The NLRB’s “Contingent Workforce” Activism Continues
Timothy C. Kamin
The NLRB will now permit a single bargaining unit to include employees who are solely employed by an employer along with other employees who are jointly employed by that employer and a staffing provider, all without the consent of either employer.
New York State Lobbying Regulations Are Changing in 2019
Caplin & Drysdale
JCOPE's new comprehensive lobbying regulations will close loopholes and make key changes to grassroots and direct lobbying starting January 2019.
Building Blocks
G. Christian Roux
Everyone agrees U.S. infrastructure is in lamentable shape. Can Congress and the Trump administration muster the courage to do something about it?
FinTech Innovation Poses Data Privacy Challenges
Michael Brown
FinTech companies are disrupting traditional financial models—and creating new data privacy concerns.
Bringing Cloud Liability Down to Earth
Jim Steinberg and Lance McCord
Unlike most traditionally licensed software, cloud solutions also put the customer at risk by transmitting, storing, and processing the customer’s data outside of the customer’s networks.
What Does Uber's Personal Injury Insurance Plan for Drivers Entail?
Barry Levy
Uber drivers are not required to obtain a personal injury insurance plan.
