Thought Leadership

The Power of Accountability to Achieve Diversity and Inclusion

Large law firms are the least diverse sector of the legal industry. Diverse teams have been shown to outperform those […]

Enforcing Unenforceable Contract Provisions in Bankruptcy

Contracts routinely include anti-assignment and ipso facto provisions, which are typically unenforceable in bankruptcy cases. Such provisions restrict contracting parties […]

Cost Savings Through “Legal Procurement”

For many years, GCs and in-house attorneys resisted the influence of legal procurement. Meantime, legal spending for many companies grew […]

The Limits of “Sole Discretion” in Contracts

Companies often enter into contractual relationships that give them “sole” or “absolute” discretion to make strategic business decisions. But in […]

“Umbrella Damages” Forecast For Canada

A customer buys a product from Manufacturer A. Two other dominant manufacturers of the product (B and C) previously conspired […]

Fraud Carve-Outs and the Unintended Consequences of Reliance Disclaimers in M&A Transactions

Delaware and New York courts routinely uphold reliance disclaimers to limit representations and warranties forming the basis of an M&A […]

How to Conduct a Successful Internal Misconduct Investigation

Organizations of all sizes confront issues of misconduct. Setting aside allegations that must be investigated in a very specific way […]

Lawyers On Drugs

Secretly strung out on drugs, the Wilson Sonsini IP attorney had became increasingly erratic and distant from his family, while […]

Posthuman For President

U.S. Presidents routinely let their emotions and personality get in the way of doing the job—witness Bill Clinton, Richard Nixon […]

Administrative Review Council Adds Value to Arbitration

Sometimes parties to an arbitration argue about whether there should be an arbitration at all, or whether they are properly-named […]

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