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In-house counsel need to think like a litigator when drafting contracts

Burns & Levinson LLP
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USA
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April 23 2013

Memorializing an agreement in a written contract serves two primary purposes. First and foremost, a written contract should clearly set out the deal

New FTC advertising guidelines are worth a review

Burns & Levinson LLP
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USA
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March 21 2013

In a recent post, I discussed how a company could be liable for referencing a third-party's unbiased endorsement if, unbeknownst to that company, the

Limiting intra-company conversations about disputes is critical

Burns & Levinson LLP
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USA
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March 7 2013

When an employee talks to in-house or outside counsel for the purpose of obtaining legal advice for the company, that communication will be

Re-publishing a third-party’s unbiased endorsement can be perilous

Burns & Levinson LLP
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USA
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February 21 2013

It should come as no surprise that making a false statement about a competitor's product or service is actionable. Similarly, albeit slightly less

Top 5 myths related to the attorney-client privilege

Burns & Levinson LLP
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USA
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January 17 2013

By popular demand, here again are what I consider to be the top 5 myths related to the attorney-client privilege. I recently spoke at a presentation

Enforcing non-compete agreements against California employees part II

Burns & Levinson LLP
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USA
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January 8 2013

In Enforcing Non-Compete Agreements Against California Employees Part I, I discussed how a Massachusetts company might be able to enforce a

Enforcing non-compete agreements against California employees Part 1

Burns & Levinson LLP
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USA
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November 8 2012

In a post this summer, I raised three issues employers may want to consider before even requesting that an employee execute a covenant not to compete

Don’t place blind reliance on boilerplate contract provisions

Burns & Levinson LLP
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USA
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October 18 2012

After putting all of the specific deal points into a new contract, you are just about finished

The fiduciary duty of preserving corporate opportunities

Burns & Levinson LLP
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USA
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September 21 2012

I read a great piece last week by Mark Rogers arguing that corporate directors can unwittingly breach their fiduciary duty by spending too much time on mobile devices during board meetings

Be cautious when tempted to leverage another into an agreement

Burns & Levinson LLP
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USA
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September 7 2012

Sometimes, when business people can’t directly negotiate (or re-negotiate) favorable deal terms, they are tempted to withhold a payment or some other obligation in an effort to leverage the other party into an agreement it otherwise would not make

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