Blog

12 Predictions: How COVID-19 Will Change the Legal Profession At this point, who is NOT sick of 2020?  This year has been full of ups and (way too many) downs; many of the latter a consequence of the COVID-19 pandemic. One thing we are sure of:  post-COVID life won’t parallel pre-COVID.  How will COVID change […]

Three Recommendations Relating to Federal Clearance of Foreign Investments in U.S. Businesses What do you mean, “CFIUS requires review under FIRRMA”?   (Our compliments to the federal government, that always manages to create indecipherable word salad.) Digesting the above:  the U.S. government wishes to limit or prevent certain foreign investments in U.S. businesses that implicate “national security”.

Whistleblowers: Three Predictions (and One Solution) A “whistleblower” is an individual reporting suspected violations of ethics, policy or law.  Good companies use such reports to advance systemic improvements, mitigate risk, appropriately discipline violators, and – occasionally – appropriately prepare for prosecution.  Bad companies ignore good faith internal reports at their peril, and encourage whistleblowers to

Contract Dispute? Four Situations Where You Really Need a Lawyer Contracts are drafted for when things go wrong.  Typically, folks never look at their contracts until a problem arises.  When they do, certain contractual disputes may be solved amicably.  However, here are four types of contract disputes in which results are often better ensured with

World Bank Group Sanctions Advocacy If your business participates in World Bank projects (as a principal contractor or subcontractor/supplier)…know the risks!  Multilateral development banks such as the World Bank (collectively, the “World Bank Group”) provide financing and professional advising for the purpose of development.  (A list of these entities is found below.)  They can be

Crucial Steps When a Bankrupt Company Owes You Money… It’s a hard time to be a company.   There seems to be no end to the series of catastrophes affecting us:  COVID, an economic meltdown, trade wars, and the cancellation of Bojack Horseman on Netflix.  Companies are feeling most of these disasters, and many are declaring

Five Reasons To Outsource Legal Needs at Fixed Fees Sayeth the Bard: “The first thing we do, let’s kill all the lawyers.”    In context, Shakespeare’s character recommended advancing chaos – and ultimately revolution – by eliminating lawyers.  Our firm prefers to interpret this quote as a recognition of the crucial role lawyers play in

Force Majeure in Commercial Contracts The COVID-19 pandemic and other parallel factors have caused commodity prices to decline, supply chains to break, and governments to restrict international trade.  These unprecedented times have led many to ask themselves, “How can I get out of an unfavorable (or even impossible) contract?” Force majeure clauses allow a party

Justice Dept: Six New Factors For Evaluating Corporate Compliance Programs With the roar of a (mute) lion, on June 1 the US Department of Justice quietly issued updated guidance for prosecutors on assessing the effectiveness of corporate compliance programs.  How has the Criminal Division modified its thinking?  In at least six ways:  Individualized Assessment: Prosecutors

Non-Disclosures and Non-Competes – The 5 Great Myths Non-disclosure and non-compete clauses seem to proliferate across all sectors of corporate America…and beyond.  What are they, and can they really be enforced? Myth:  Non-disclosures cannot be enforced. Non-disclosures most definitely can be enforced.  Typically, this type of provision will cover a variety of “confidential information”.  NDAs