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Contracts

Civil Justice Playbook: The Give and the Get of M&A Suits: Practitioners should expect that disclosure-only settlements will be met with continued disfavor.

Corporate Counsel Business Journal

Perverse. Frivolous. Collusive. Wasteful. Pointless. Stinky. Excessive. Worthless. Horse hockey. No, we’re not talking about the U.S. presidential election. These are judges and commentators characterizing disclosure-only settlements of M&A litigation, which, in no small part due to the...

Consumer Protection

If You Sell Online, Your Fine Print May Put You At Risk: Wave of Lawsuits Targets Website Terms and Conditions Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”)

David R. Kott, Edward J. Fanning, Jr., Gregory H. Horowitz, Zane C. Riester | McCarter & English, LLP

Nearly every business involved in online commerce or advertising includes disclaimers, limitations of liability, and other terms on its website’s Terms and Conditions or Rules of Use. Those Terms and Conditions are designed to reduce the risk of lawsuits by imposing acceptable use obligations...

Contracts

Companies’ Regulatory Matters Increase Fourfold: Costs, risk, data security top list of concerns for U.S. and European companies

AlixPartners LLP

In its annual Litigation and Corporate Compliance Survey, AlixPartners LLP polled general counsel and compliance officers at U.S. and European companies with annual revenue of $250 million or more. Respondents represent a broad array of industries, including financial services, information...