When It Comes to Trademarks, Perez Hilton and I Agree.

Gallup-ing to the Courthouse

Requests For Proposals - Do It Right Already! (Part I)
Most companies have no idea how to draft a RFP.  On the flip side, most vendors have no idea how to respond to a RFP.  When a poorly written RFP meets an inadequate response, we end up with the perfect (legal) storm of litigation.  (If you like litigation, then stop reading and call your therapist.) Enough already.  Let me teach you some things that will save you hundreds of thousands of dollars.  Maybe more. Caveat: this topic is too big to tackle in a single blog entry, so I'm going to s

Public Information = Trade Secret? Yes, Says the Tenth Circuit.
Trade secrets are your company’s most valuable assets.  But what if your company’s secrets include public domain information?  Does the inclusion of public domain information destroy the secret? Let’s say, for example, your company uses a process that consists of nine steps.  Assume that eight of the nine steps are either in the public domain, or have been disclosed to people outside of your company.  Despite the fact that most of the elements of your company’s process are floating around in the general public, you still want to protect your company’s process as a trade secret.&n

Ambiguity: When Good Contracts Go Bad
Ambiguity is the number one reason why good contracts go bad.  Ambiguity is the gasoline that powers the commercial litigation engine.  It is the coal that’s shoveled into the furnaces that keep litigators warm and cozy at night.  I know that litigation is sometimes a necessary evil—but when litigation arises from ambiguity in a contract, it is not necessary.  It is sad.Case in point: the matter of

Plan Ahead If You Want to Arbitrate Your Outsourcing Agreement
A few years ago I was asked to present a paper I wrote at the Practising Law Institute's "Outsourcing Revolution 2004" symposium, entitled "International Arbitration as a Method for Dispute Resolution in International Outsourcing Agreements."  (Hey, stop yawning...this is important stuff if your company uses outsourcing to any significant degree....)I've referred back to the document from time to time, and it can be found on Westlaw and Lexis as well.  The information in the document is still as valid today as it was in 2004.And now, for those of you who are d

A Message from Florida Condo Associations to their Cable Companies: "You're Outta Here!"
If you live in a condominium in Florida, then a recent appellate court decision may have just made you a happier person.  Why?  Because on Wednesday, August 26, a Florida appellate court made it easier for you to end cumbersome bulk cable agreements.  The Comcast v. L'Ambiance Beach Condominium Association, Inc. decision, which was handed down this week (and was anxiously awaited by those of us who handle telecommunications and cable deals), will have a HUGE impact on (i) a condo association's ability to terminate cumbersome bulk cable tv agreements, and (ii) t