How to avoid ambiguity in non-disparagement clauses

A few simple changes to how you draft provisions in a separation agreement can help prevent problems down the road, employment law specialists say.

By Robert Freedman • Sept. 7, 2023

Keeping business goals, not risk mitigation, the driving force in contract negotiations

Lawyers must reprioritize the functions of a contract to ensure the behavior-driving function is on equal footing with risk mitigation.

By Sebastian Forgues • Aug. 29, 2023

Clarity, not florid language, called key to managing risk through contracts

Save your A-level work for the documents that matter, otherwise you’ll spend too much time on low-risk boilerplate language, says contracting specialist Laura Frederick.

By Robert Freedman • Aug. 8, 2023

TelevisaUnivision legal ops chief touts rights management in boosting revenue

Using AI-assisted software is expected to grow the company’s bottom line by extracting more money from existing content rights, Yesenia Santiago says.

By Robert Freedman • July 28, 2023

Why GCs need to step back from day-to-day legal work

Delegating allows general counsel to focus on strategy and talent development, Mastercard’s newly announced chief legal officer advises.

By Lyle Moran • July 25, 2023

Streamline AI partners with Clearlaw to enhance contract review

Leaders of the AI-powered platforms said their collaboration will help companies speed up the contracting process and further automate workflows. 

By Lyle Moran • July 24, 2023

How to stem contract value erosion

Losses have declined from 9.2% to 8.6% in the last decade, but making further gains requires system and workflow improvements, analysis finds.

By Robert Freedman • July 24, 2023

Garden leave called possible workaround to FTC noncompete ban

Should the Federal Trade Commission finalize its noncompete ban, requiring a cooling-off period after an employee leaves could help protect company trade secrets. 

By Suman Bhattacharyya • July 21, 2023

Why companies should review noncompete clauses in equity award agreements

Given increased government scrutiny, employers need to be mindful of the time periods noncompetes cover and review state-specific requirements, a Baker McKenzie partner said.

By Lyle Moran • July 14, 2023

How to position your organization ahead of FTC’s noncompete rule

Even without knowing what the Federal Trade Commission's final noncompete ban will look like, there are steps GCs can take to be ready.

By Robert Freedman • July 6, 2023

Thomson Reuters partners with Microsoft to support contract drafting

Users of the generative AI-powered Microsoft 365 Copilot will be able to access information from familiar legal tech tools such as Westlaw and Practical Law.

By Lyle Moran • June 21, 2023

Employers rarely seek to enforce noncompetes, GAO survey finds

Businesses who do regularly enforce noncompete agreements typically focus on executives and salaried workers, the Government Accountability Office found.

By Lyle Moran • June 9, 2023

CLM software has become most used in-house legal tech, survey finds

Contract lifecycle management technology is also the only tool that more than 50% of in-house professionals say is effective, according to an ACC and Exterro report.

By Lyle Moran • June 2, 2023

NLRB joins fight to limit employers’ use of noncompetes

While the labor board GC’s memo has broad reach, attorneys say there are several important caveats for businesses to keep in mind.

By Lyle Moran • May 31, 2023

Contract management: The importance of looking in the rear view

What do decentralization and the struggle of 80% of companies have in common? Failing to manage executed agreements.

By Rick Teague, Senior Vice President of Innovation, Knowable • May 30, 2023

NDAs are a major point for private markets professionals

The slow negotiation of non-disclosure agreements is negatively impacting the ability of companies to close deals. 

By Lyle Moran • May 12, 2023

Exploring risk likelihood in commercial contracts

In addition to assessing risk impact, parties should, using real-world evidence and data, consider risk likelihood so they are better equipped to account for risk exposure in commercial contracts.

By Sheikh Shaghaf • May 11, 2023

How in-house counsel can help support legal operations

Every member of the legal department should make some contribution to operations initiatives amid their other duties, a LinkSquares lawyer advocates.

By Lyle Moran • May 10, 2023

How an AI-powered legal assistant can help with contracting

ContractPodAi’s new assistant can answer questions in a human-like manner and suggest contract redlines, the company's GC says.

By Lyle Moran • May 8, 2023

Deal with non-solicitations now, noncompetes later, as FTC ban looms

Even if the Federal Trade Commission proposal is finalized, there will be court challenges. In the meantime, employer-to-employer agreements can face civil and criminal risk right now.

By Robert Freedman • May 5, 2023

How generative AI is changing the game for contract management teams

The technology has already reached a startling level of accuracy, capable of performing a wide variety of research work that can then be reviewed by a trained legal professional.

By Praful Saklani • May 4, 2023

FTC’s Khan cites growing reach of noncompetes as a spark for ban idea

The agency’s chair also highlighted that innovation has not been stifled in states such as California which prohibit noncompetes.

By Lyle Moran • May 3, 2023

How CrowdStrike’s use of an ALSP shifted legal team’s mindset

After partnering with Factor on workflows, members of the cyber company’s in-house department started viewing their work through a more operational lens.

By Lyle Moran • May 1, 2023

How to draft fee-shifting provisions in indemnification clauses

Delaware courts have determined that even quite broad language referencing attorneys’ fees may not be explicit enough to shift fees in first-party litigation. 

By Heather Benzmiller Sultanian and Jarrett H. Gross • April 26, 2023

Proposal to ban noncompetes draws backlash from business, support from workers

The comment period on the proposed ban closed April 19, with commenters having registered thousands of mixed reactions.

By Ginger Christ • April 24, 2023