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American Bar Association (ABA)

Vinson & Elkins LLP

Inspecting The New Int'l Arbitration Site Visits Protocol

Vinson & Elkins LLP on

This September saw the publication of the International Bar Association Site Visit Model Protocol for International Arbitration, offering a framework of rules for conducting site visits in international arbitration. ...more

Proskauer - Regulatory & Compliance

Countdown to 2025: New HSR Premerger Disclosure Rules

The Federal Trade Commission (“FTC” or the “Commission”) has announced a final rule (the “Final Rule”) significantly expanding the premerger notification and reporting requirements under the Hart‑Scott‑Rodino Antitrust...more

Baker Botts L.L.P.

Navigating Ethical AI Guidelines from the ABA and State Bars

Baker Botts L.L.P. on

The American Bar Association (ABA) and several state bars have recently issued guidelines on the ethical use of generative artificial intelligence (AI) in legal practice. As AI tools like LLM-based chatbots become more...more

Dunlap Bennett & Ludwig PLLC

Client-Focused Lawyering: Putting Clients’ Needs First

Regularly, we read from news articles that an entity recently started its own business and entered into a business transaction or agreement with another entity. In response, we sometimes assume such an agreement or...more

Esquire Deposition Solutions, LLC

Litigators Weigh Need to Disclose AI Use to Clients

Many lawyers today are wrestling with the question of whether they should inform clients that artificial intelligence technologies are being used on their case matters. Ethical advice from state bar regulators has been slowly...more

Bilzin Sumberg

Federal Court Makes It Harder for Plaintiffs to Bring Data Breach Claims

Bilzin Sumberg on

In a recent federal case from New York, the court dealt a blow to plaintiffs suing over data breaches. The plaintiffs had filed a putative class action suit, alleging that they (and others like them) had been harmed by the...more

Goodell, DeVries, Leech & Dann, LLP

Generative AI and Legal Ethics

The number of lawyers sanctioned for citing fake cases or quotes created by Generative Artificial Intelligence tools continues to grow. Earlier this summer, U.S. District Judge Thomas Cullen ordered counsel to show cause as...more

Goulston & Storrs PC

What's Market: The Materiality Scrape

Goulston & Storrs PC on

Over the past 15+ years covered by the ABA studies, materiality scrapes have morphed from being a somewhat uncommon provision, seen in about 14% of transactions in 2005, to something near-ubiquitous in M&A purchase...more

Goulston & Storrs PC

What's Market: No Undisclosed Liabilities Representations

Goulston & Storrs PC on

In M&A transactions, unknown target liabilities are typically addressed in different ways throughout the M&A purchase agreement. A no undisclosed liabilities representation is one of the principal representations in an M&A...more

Goulston & Storrs PC

What's Market: Representations and Warranty Insurance

Goulston & Storrs PC on

Representation and warranty insurance (“RWI”) is an increasingly important feature of private company M&A transactions. Every other year since 2005 the ABA has released its Private Target Mergers and Acquisitions Deal Point...more

Goulston & Storrs PC

What's Market: Indemnity Escrows

Goulston & Storrs PC on

Merger and acquisition (M&A) purchase agreements generally include indemnification provisions, pursuant to which any given party (indemnitor) agrees to defend, hold harmless, and indemnify the other party or parties...more

Goulston & Storrs PC

What's Market: Alternative Dispute Resolution Provisions

Goulston & Storrs PC on

In M&A purchase agreements, the parties may stipulate certain non-judicial means for dealing with claims under the agreement (e.g., arbitration or mediation). These ADR provisions will govern how disputes between the parties...more

Proskauer Rose LLP

Wealth Management Update - September 2024 - 2

Proskauer Rose LLP on

September 2024 AFRs and 7520 Rate - The September 2024 Section 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 4.8%, a decrease from the August 2024 rate of 5.2%. The September...more

Goulston & Storrs PC

What's Market: 10b-5 Representations

Goulston & Storrs PC on

In M&A transactions, the definitive purchase agreement—e.g., asset purchase agreement, stock purchase agreement, or merger agreement—typically contains representations and warranties that the seller makes with respect to the...more

Goulston & Storrs PC

What's Market: Exclusion of Consequential Damages

Goulston & Storrs PC on

In M&A transactions, the definitive purchase agreement, whether asset purchase agreement, stock purchase agreement, or merger agreement, typically contains representations and warranties and related indemnification covenants....more

Goulston & Storrs PC

What's Market: Target Legal Opinions

Goulston & Storrs PC on

In all types of business transactions, the parties rely heavily on their own counsel to negotiate business and legal points, and to draft the transaction documentation to reflect the agreed-upon terms. In addition to relying...more

Goulston & Storrs PC

What's Market: Compliance With Laws Representations

Goulston & Storrs PC on

In M&A transactions, the definitive purchase agreement (whether asset purchase agreement, stock purchase agreement, or merger agreement) typically contains representations, warranties, and covenants, along with related...more

Goulston & Storrs PC

What's Market: Indemnity Caps

Goulston & Storrs PC on

In merger and acquisition (M&A) transactions, the definitive purchase agreement whether asset purchase agreement, stock purchase agreement, or merger agreement typically contains representations and warranties made by the...more

Dechert LLP

Dechert Re:Torts - Issue 19 - August 2024

Dechert LLP on

Testing the Waters: The Implications of Loper Bright on EPA’s New PFAS - Regulations - In the past year, the U.S. Environmental Protection Agency (“EPA”) finalized several significant rules to regulate per- and...more

EDRM - Electronic Discovery Reference Model

Prosecutors and AI: Navigating Justice in the Age of Algorithms

AI has the potential to transform the criminal justice system through its ability to process vast datasets, recognize patterns, and predict outcomes. However, this potential comes with a profound responsibility: ensuring that...more

Katten Muchin Rosenman LLP

Privacy, Data and Cybersecurity Quick Clicks | Issue 20

Katten's Privacy, Data and Cybersecurity Quick Clicks is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe....more

Fishman Haygood LLP

ABA Issues Formal Guidance for Use of Generative AI: An Update to Ethical Rules for Using Generative AI in Your Practice

Fishman Haygood LLP on

As the “AI Revolution” continues to gain momentum, questions concerning professional ethics have arisen across almost all professions. For legal services providers in particular, this disruptive technology poses both risks...more

(ACOEL) | American College of Environmental...

Climate-Competent Lawyering

It is becoming increasingly difficult to practice law without some knowledge of climate change as well as the law related to climate change. Irma Russell, Matt Bogoshian, and I recently published an article making the case...more

McDonnell Boehnen Hulbert & Berghoff LLP

ABA Issues Formal Ethics Opinion on Use of Generative AI Tools

Following in the footsteps of the U.S. Patent and Trademark Office and the state bars of California, Florida, New Jersey, New York, and Pennsylvania, the American Bar Association has weighed in on attorneys' ethical use of...more

Mintz

DOJ Issues its Highly Anticipated Whistleblower Awards Pilot Program

Mintz on

In March 2024, at the American Bar Association’s 39th National Institute on White Collar Crime, Deputy Attorney General (“DAG”) Lisa Monaco announced that the Department of Justice (“DOJ” or the “Department”) intended to...more

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