Beware of expired contractsBy Stephen D. Sayre & Darnell ClaybornDecember 2016Companies need to have reliable systems in place for monitoring their outstanding contracts to ensure they are not performing under expired contracts. This is especially important for companies that include significant risk-mitigation terms in their contract templates, such as damage caps and exclusions on certain remedies and damages. Failing to do so exposes these companies to significant risk if a contract expires.
How much is a whistleblower waiver really worth?By Keith Paul BishopDecember 2016If you walked into a Las Vegas casino and placed a bet on a single number at the roulette table, the probability of winning would be 0.02631579. However, even that very low probability is nearly 17 times better than the probability of obtaining a whistleblower award.
Investment advisors subject to the fiduciary standard or the suitability standard (Part I)By Kelli E. MadiganMay 2016Newly proposed Department of Labor rules include a modification of the existing “fiduciary standard” under the Employee Retirement Income Security Act. The expanded definition of fiduciary would now include many investment advisors, such as 401K plan advisors, IRA investment advisors, broker-dealers and insurance agents, to whom the fiduciary standard did not previously apply.