BoyarMiller Shareholders Chris Hanslik and Andrew Pearce, alongside Celina Carter of BWC Terminals, shared their professional corporate real estate experience regarding leasing for smooth business operations.
In this session, they covered the key aspects of leases, including:
-What is “privilege”
-Tips for preserving privilege
-Avoiding spoliation of evidence
Hot Off the Presses: Recent Cases & Decisions (Series: Legal Ethics - Best Pr...Financial Poise
This webinar is for the lawyer -or anyone else- who wants to brush up on the latest issues and strategies to be aware of regarding legal ethics and best practices. The panelists discuss recent and important case law in the area and explain how those decisions can have real-world impact on the situations you may be involved in. Among others, the panel will address the following Model Rules of Professional Conduct: Rule 1.7-Conflict of Interest: Current Clients; Rule 1.8-Conflict of Interest: Current Clients: Specific Rules; Rule 3.8 - Special Responsibilities of a Prosecutor; and Rule 4.4(a) Respect for Rights of Third Persons.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/recent-cases-decisions-2021/
ALTERNATIVE DISPUTE RESOLUTION 2022_ Handling the ArbitrationFinancial Poise
The final episode will go through presenting your case and claims to the arbitrator or panel, including how to handle discovery demands and discovery disputes. When to decide if you really should make a motion and what motions are viable or make sense. Whether objections during the hearing are appropriate, various methods of testimony and the use of expert witnesses. How to prepare pre-trial statements, exhibit lists and witnesses for the arbitration. We will also cover the post-arbitration submissions and awards.
Part of the webinar series: ALTERNATE DISPUTE RESOLUTION - 101 2022
See more at https://www.financialpoise.com/webinars/
The theft of trade secrets and other confidential information occurs all too frequently in today’s global, highly mobile, competitive marketplace. Ensuring that effective preventative measures are in place is essential to minimizing the risk of a data breach. At the same time, it is critical that companies act quickly and decisively to protect their trade secrets when employees move from one employer to another.
Topics covered in this presentation include:
•Protecting Your Trade Secrets
•Conducting a Trade Secret Theft Investigation
•Working with FBI and Law Enforcement After Information is Stolen
•Civil Remedies for Trade Secret Theft
BUSINESS LAW REVIEW- 2022: Defending White Collar Crime-101Financial Poise
While white collar crimes don’t usually carry the same stigma or penalties as violent crime, the consequences of a conviction, or even an allegation can be devastating. Leaving prison time aside, the business may also face investigation, prosecution and possibly, the risk of reputational damage, financial loss and unwanted exposure.
As governmental enforcement of laws against those accused of white collar crime increases, companies need to understand how to avoid unknowingly acting in ways that may be unlawful, how to prevent and detect potential employee misconduct, and how to react if misconduct does occur.
Part of the webinar series: Business Law Review 2022
See more at https://www.financialpoise.com/webinars/
Hot Off the Presses: Recent Cases & Decisions (Series: Legal Ethics - Best Pr...Financial Poise
This webinar is for the lawyer -or anyone else- who wants to brush up on the latest issues and strategies to be aware of regarding legal ethics and best practices. The panelists discuss recent and important case law in the area and explain how those decisions can have real-world impact on the situations you may be involved in. Among others, the panel will address the following Model Rules of Professional Conduct: Rule 1.7-Conflict of Interest: Current Clients; Rule 1.8-Conflict of Interest: Current Clients: Specific Rules; Rule 3.8 - Special Responsibilities of a Prosecutor; and Rule 4.4(a) Respect for Rights of Third Persons.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/recent-cases-decisions-2021/
ALTERNATIVE DISPUTE RESOLUTION 2022_ Handling the ArbitrationFinancial Poise
The final episode will go through presenting your case and claims to the arbitrator or panel, including how to handle discovery demands and discovery disputes. When to decide if you really should make a motion and what motions are viable or make sense. Whether objections during the hearing are appropriate, various methods of testimony and the use of expert witnesses. How to prepare pre-trial statements, exhibit lists and witnesses for the arbitration. We will also cover the post-arbitration submissions and awards.
Part of the webinar series: ALTERNATE DISPUTE RESOLUTION - 101 2022
See more at https://www.financialpoise.com/webinars/
The theft of trade secrets and other confidential information occurs all too frequently in today’s global, highly mobile, competitive marketplace. Ensuring that effective preventative measures are in place is essential to minimizing the risk of a data breach. At the same time, it is critical that companies act quickly and decisively to protect their trade secrets when employees move from one employer to another.
Topics covered in this presentation include:
•Protecting Your Trade Secrets
•Conducting a Trade Secret Theft Investigation
•Working with FBI and Law Enforcement After Information is Stolen
•Civil Remedies for Trade Secret Theft
BUSINESS LAW REVIEW- 2022: Defending White Collar Crime-101Financial Poise
While white collar crimes don’t usually carry the same stigma or penalties as violent crime, the consequences of a conviction, or even an allegation can be devastating. Leaving prison time aside, the business may also face investigation, prosecution and possibly, the risk of reputational damage, financial loss and unwanted exposure.
As governmental enforcement of laws against those accused of white collar crime increases, companies need to understand how to avoid unknowingly acting in ways that may be unlawful, how to prevent and detect potential employee misconduct, and how to react if misconduct does occur.
Part of the webinar series: Business Law Review 2022
See more at https://www.financialpoise.com/webinars/
TROs and Preliminary Injunctions (Series: Newbie Litigator School 101 - Part 1)Financial Poise
Sometimes—often at the beginning of a case—you need the court to take immediate action to protect your client’s interests or to maintain the status quo while the litigation progresses. This webinar discusses procedures and strategies for obtaining temporary restraining orders and preliminary injunctions. The topics discussed include the procedural and substantive requirements for obtaining TROs and preliminary injunctions, some best practices for how to succeed on motions seeking TROs and preliminary injunctions, and how to challenge and defeat those motions.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/tros-and-preliminary-injunctions-2021/
Current Issues in Securities RegulationNow Dentons
Mark Evans, a partner in the FMC Toronto office, was invited to speak at the Second Annual Securities Symposium this month about current issues in the area of Securities Regulation.
The M&A Process (Series: Private Company M&A Boot Camp 2020)Financial Poise
Buying, selling, or merging a company typically follows a similar set of steps from deal to deal. The amount of time each step takes varies but the order of the steps is fairly uniform because the steps follow a certain logic: before the parties share meaningful information, they should sign a confidentiality agreement (a/k/a “non-disclosure agreement,” or “NDA”); once a baseline amount of information is known by the would-be buyer, it commonly presents a letter of intent or term sheet to the target or its owner, which serves as an outline for a deal but does not necessarily bind the parties to consummate the transaction; additional due diligence and the negotiation, drafting and signing of definitive documents comes next. The parties then obtain any needed regulatory and/or contractual third party approvals; followed by closing; and finally by post-closing tasks. This webinar will discuss all these steps from a macro perspective so that you can see the forest for the trees, but does not do a deep dive into any single topic. Think of this webinar as a road map or timeline for a typical deal.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/the-ma-process-2020/
In this session we will review the mediation process itself. We will discuss the pros and cons of starting in joint session and/or caucus, including opening remarks by counsel and/or parties. We will discuss when to consider asking for a private caucus, or even an attorneys-only session. Understanding how to best arm/assist the mediator to facilitate the process. Ensuring your client is prepared for the session both from understanding the process to having the right information or people available to answer questions or guide the same. Why creativity can be a key element of the process. Tips on working through impasse. Recognizing the benefits of mediation even if you don’t resolve the matter at that time and positioning the matter for settlement in the future.
Part of the webinar series:
ALTERNATIVE DISPUTE RESOLUTION - 101 2022
See more at https://www.financialpoise.com/webinars/
Common Issues and Strategies in Business Breakups (Series: Complex Financial ...Financial Poise
As any entrepreneur will attest, starting and operating a business comes with unique challenges. These challenges are a key reason that, by some estimates, half of the companies that are founded today will not exist four years from now. It can be argued that the effort and attention needed to find success precludes business owners from planning for failure. This webinar focuses on the realities of a failing business from the owners’ perspective. Join our panel of experts as they discuss the various considerations that should be given at the outset of start-up negotiations and through business breakup, including dispute negotiation and litigation.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/common-issues-strategies-business-breakups-2020/
NEWBIE LITIGATOR SCHOOL- PART II 2022 - ADR & Settlement Financial Poise
Many cases are litigated outside of the court system through the use of alternative dispute resolution methods such as arbitration, and the vast majority of cases settle before they reach trial, either as a result of the parties’ efforts or with the help of a mediator. This webinar covers the basics of arbitration and mediation, presenting an effective case to a neutral third party, and negotiating and documenting a successful settlement, either directly or with a mediator’s assistance.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL- 101 PART II 2022
See more at https://www.financialpoise.com/webinars/
ADR & Settlement (Series: Newbie Litigator School 101 - Part 1)Financial Poise
Many cases are litigated outside of the court system through the use of alternative dispute resolution methods such as arbitration, and the vast majority of cases settle before they reach trial, either as a result of the parties’ efforts or with the help of a mediator. This webinar covers the basics of arbitration and mediation, presenting an effective case to a neutral third party, and negotiating and documenting a successful settlement, either directly or with a mediator’s assistance.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/adr-settlement-2021/
In any kind of business, there is a chance that employers will be required to investigate one or more employees at some point for allegations of misconduct such as discrimination or sexual harassment. A properly conducted workplace investigation is not only legally required but can also go a long way in protecting companies and mitigating risks for future problems.
In this webinar, Diana Maier and Beth Arnese go over the key things to know about workplace investigations so that you can garner the maximum legal protection such investigations may provide.
Topics addressed include when to investigate, how to prepare for an investigation, how to interview witnesses, how to prepare a written report, what to do after the investigation, and overall best practices for investigations.
Buying, selling, or merging a company typically follows a similar set of steps from deal to deal. The amount of time each step takes varies but the order of the steps is fairly uniform because the steps follow a certain logic: before the parties share meaningful information, they should sign a confidentiality agreement (a/k/a “non-disclosure agreement,” or “NDA”); once a baseline amount of information is known by the would-be buyer, it commonly presents a letter of intent or term sheet to the target or its owner, which serves as an outline for a deal but does not necessarily bind the parties to consummate the transaction; additional due diligence and the negotiation, drafting and signing of definitive documents comes next. The parties then obtain any needed regulatory and/or contractual third party approvals; followed by closing; and finally by post-closing tasks. This webinar will discuss all these steps from a macro perspective so that you can see the forest for the trees, but does not do a deep dive into any single topic. Think of this webinar as a road map or timeline for a typical deal.
Part of the webinar series:
M&A BOOT CAMP - 2022
See more at https://www.financialpoise.com/webinars/
Session V. Estoppel and Privity in US PTO Post-Grant ProceedingsWilmerHale
Shared at the IIPI/BNA AIA Post-Grant
Patent Practice Conference.
Session V. Estoppel and Privity in US PTO Post-Grant Proceedings covers:
1) Estoppel - Privity
• When does issue arise?
• What factors are important?
• How is the issue resolved
2) Practice tips
• Evaluating Privity
• Arguing Estoppel
3) Mock Arguments
Introduction to Commercial Litigation FinanceFinancial Poise
Litigation funding is an increasingly popular tool for attorneys and parties with legal claims to share the risk and reward of litigation or arbitration with third-party investors, and for investors to capitalize on the uncorrelated returns generated by legal-driven revenue. This webinar is intended to provide an overview of the topic generally, touching on the “who,” “what,” “where,” “when,” “why,” and “how’s” behind litigation funding.
Part of the webinar series: Commercial Litigation Funding 2022
See more at https://www.financialpoise.com/webinars/
This class will provide students with a defined roadmap and checklist of steps one may take when presented with the specter of trade secret related significant business threats. Important subjects covered in the class include defining “win” scenarios upfront to avoid mission creep, working with outside counsel and a 3rd party computer forensic expert, the identification, preservation and analysis of evidence to inform appropriate actions, special considerations for handling of smartphone based evidence, leveraging evidence derived from smartphones, reasonable steps to take to preserve attorney-client communication security, and the acquisition of phone and text records via a subpoena.
Electronic Discovery - GODWIN PC - What you Need to KnowEd Sothcott
E-Discovery is becoming an increasing important part of the legal process. The effect of social media, e-mail and other electronic correspondence in lawsuits including civil and criminal matters and even divorce has become dramatic. What do lawyers need to do to preserve this evidence? What can happen if you don't?
TROs and Preliminary Injunctions (Series: Newbie Litigator School 101 - Part 1)Financial Poise
Sometimes—often at the beginning of a case—you need the court to take immediate action to protect your client’s interests or to maintain the status quo while the litigation progresses. This webinar discusses procedures and strategies for obtaining temporary restraining orders and preliminary injunctions. The topics discussed include the procedural and substantive requirements for obtaining TROs and preliminary injunctions, some best practices for how to succeed on motions seeking TROs and preliminary injunctions, and how to challenge and defeat those motions.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/tros-and-preliminary-injunctions-2021/
Current Issues in Securities RegulationNow Dentons
Mark Evans, a partner in the FMC Toronto office, was invited to speak at the Second Annual Securities Symposium this month about current issues in the area of Securities Regulation.
The M&A Process (Series: Private Company M&A Boot Camp 2020)Financial Poise
Buying, selling, or merging a company typically follows a similar set of steps from deal to deal. The amount of time each step takes varies but the order of the steps is fairly uniform because the steps follow a certain logic: before the parties share meaningful information, they should sign a confidentiality agreement (a/k/a “non-disclosure agreement,” or “NDA”); once a baseline amount of information is known by the would-be buyer, it commonly presents a letter of intent or term sheet to the target or its owner, which serves as an outline for a deal but does not necessarily bind the parties to consummate the transaction; additional due diligence and the negotiation, drafting and signing of definitive documents comes next. The parties then obtain any needed regulatory and/or contractual third party approvals; followed by closing; and finally by post-closing tasks. This webinar will discuss all these steps from a macro perspective so that you can see the forest for the trees, but does not do a deep dive into any single topic. Think of this webinar as a road map or timeline for a typical deal.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/the-ma-process-2020/
In this session we will review the mediation process itself. We will discuss the pros and cons of starting in joint session and/or caucus, including opening remarks by counsel and/or parties. We will discuss when to consider asking for a private caucus, or even an attorneys-only session. Understanding how to best arm/assist the mediator to facilitate the process. Ensuring your client is prepared for the session both from understanding the process to having the right information or people available to answer questions or guide the same. Why creativity can be a key element of the process. Tips on working through impasse. Recognizing the benefits of mediation even if you don’t resolve the matter at that time and positioning the matter for settlement in the future.
Part of the webinar series:
ALTERNATIVE DISPUTE RESOLUTION - 101 2022
See more at https://www.financialpoise.com/webinars/
Common Issues and Strategies in Business Breakups (Series: Complex Financial ...Financial Poise
As any entrepreneur will attest, starting and operating a business comes with unique challenges. These challenges are a key reason that, by some estimates, half of the companies that are founded today will not exist four years from now. It can be argued that the effort and attention needed to find success precludes business owners from planning for failure. This webinar focuses on the realities of a failing business from the owners’ perspective. Join our panel of experts as they discuss the various considerations that should be given at the outset of start-up negotiations and through business breakup, including dispute negotiation and litigation.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/common-issues-strategies-business-breakups-2020/
NEWBIE LITIGATOR SCHOOL- PART II 2022 - ADR & Settlement Financial Poise
Many cases are litigated outside of the court system through the use of alternative dispute resolution methods such as arbitration, and the vast majority of cases settle before they reach trial, either as a result of the parties’ efforts or with the help of a mediator. This webinar covers the basics of arbitration and mediation, presenting an effective case to a neutral third party, and negotiating and documenting a successful settlement, either directly or with a mediator’s assistance.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL- 101 PART II 2022
See more at https://www.financialpoise.com/webinars/
ADR & Settlement (Series: Newbie Litigator School 101 - Part 1)Financial Poise
Many cases are litigated outside of the court system through the use of alternative dispute resolution methods such as arbitration, and the vast majority of cases settle before they reach trial, either as a result of the parties’ efforts or with the help of a mediator. This webinar covers the basics of arbitration and mediation, presenting an effective case to a neutral third party, and negotiating and documenting a successful settlement, either directly or with a mediator’s assistance.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/adr-settlement-2021/
In any kind of business, there is a chance that employers will be required to investigate one or more employees at some point for allegations of misconduct such as discrimination or sexual harassment. A properly conducted workplace investigation is not only legally required but can also go a long way in protecting companies and mitigating risks for future problems.
In this webinar, Diana Maier and Beth Arnese go over the key things to know about workplace investigations so that you can garner the maximum legal protection such investigations may provide.
Topics addressed include when to investigate, how to prepare for an investigation, how to interview witnesses, how to prepare a written report, what to do after the investigation, and overall best practices for investigations.
Buying, selling, or merging a company typically follows a similar set of steps from deal to deal. The amount of time each step takes varies but the order of the steps is fairly uniform because the steps follow a certain logic: before the parties share meaningful information, they should sign a confidentiality agreement (a/k/a “non-disclosure agreement,” or “NDA”); once a baseline amount of information is known by the would-be buyer, it commonly presents a letter of intent or term sheet to the target or its owner, which serves as an outline for a deal but does not necessarily bind the parties to consummate the transaction; additional due diligence and the negotiation, drafting and signing of definitive documents comes next. The parties then obtain any needed regulatory and/or contractual third party approvals; followed by closing; and finally by post-closing tasks. This webinar will discuss all these steps from a macro perspective so that you can see the forest for the trees, but does not do a deep dive into any single topic. Think of this webinar as a road map or timeline for a typical deal.
Part of the webinar series:
M&A BOOT CAMP - 2022
See more at https://www.financialpoise.com/webinars/
Session V. Estoppel and Privity in US PTO Post-Grant ProceedingsWilmerHale
Shared at the IIPI/BNA AIA Post-Grant
Patent Practice Conference.
Session V. Estoppel and Privity in US PTO Post-Grant Proceedings covers:
1) Estoppel - Privity
• When does issue arise?
• What factors are important?
• How is the issue resolved
2) Practice tips
• Evaluating Privity
• Arguing Estoppel
3) Mock Arguments
Introduction to Commercial Litigation FinanceFinancial Poise
Litigation funding is an increasingly popular tool for attorneys and parties with legal claims to share the risk and reward of litigation or arbitration with third-party investors, and for investors to capitalize on the uncorrelated returns generated by legal-driven revenue. This webinar is intended to provide an overview of the topic generally, touching on the “who,” “what,” “where,” “when,” “why,” and “how’s” behind litigation funding.
Part of the webinar series: Commercial Litigation Funding 2022
See more at https://www.financialpoise.com/webinars/
This class will provide students with a defined roadmap and checklist of steps one may take when presented with the specter of trade secret related significant business threats. Important subjects covered in the class include defining “win” scenarios upfront to avoid mission creep, working with outside counsel and a 3rd party computer forensic expert, the identification, preservation and analysis of evidence to inform appropriate actions, special considerations for handling of smartphone based evidence, leveraging evidence derived from smartphones, reasonable steps to take to preserve attorney-client communication security, and the acquisition of phone and text records via a subpoena.
Electronic Discovery - GODWIN PC - What you Need to KnowEd Sothcott
E-Discovery is becoming an increasing important part of the legal process. The effect of social media, e-mail and other electronic correspondence in lawsuits including civil and criminal matters and even divorce has become dramatic. What do lawyers need to do to preserve this evidence? What can happen if you don't?
The BoyarMiller Breakfast Forum returned in person discussing The Future of Houston: What's Shaping Our Economy. The panel of featured guests featured a variety of perspectives from Houston experts in Capital Markets, Energy, and Real Estate.
Read more to learn what our panel shared, as well as their insights and expertise on the state of Houston's economy — the current state and where it is going, local energy trends, and how real estate trends give insight to Houston's future.
The discussion included:
-How technology advancements are aiding office "right-sizing"
-What is and is not moving in the energy sector
-What does the office of tomorrow look like
-What lenders are looking for
-Availability of and access to capital for middle market businesses
Information & Insights For Entrepreneurs and EmployeesBoyarMiller
Starting, growing or selling a business is exhilarating. The city of Houston possesses a powerful support network for business owners, but there is much to consider with any new business or growth strategy.
As entrepreneurs ourselves, BoyarMiller understands the pressures entrepreneurs and executives face, and we are passionate about helping them resolve challenges and pursue new opportunities.
Read BoyarMiller's Six Ways to Better Manage Litigation and Your Business eGuide now for tips and insight from our team of attorneys with experience across industries, from oil and gas to real estate to private equity.
ALTTA: Unlocking the Key Aspects of LeasesBoyarMiller
BoyarMiller Shareholders discuss leasing for smooth business operations. In this session, they discuss:
- Rights a tenant can waive or contract away, as well as rights tenants cannot waive or contract away
- Maintenance obligations
- Subletting, relocation, and transfers
- Landlord concerns, such as deposits, security, and guaranty
- How to handle planned or unplanned interruptions, such as service interruptions, casualty, or condemnation
- Preparing for different events of default
BoyarMiller's State of the Capital Markets eBookBoyarMiller
As part of its ongoing Breakfast Forum series, BoyarMiller hosted three financial experts for a moderated discussion on The Current State of the Capital Markets 2019. The panelists were: Kamden D. Kanaly, CFP®, Chairman, KDK Private Wealth Management; John Sarvadi, Executive Managing Director, Corporate Banking, Texas Capital Bank; and Scott D. Winship, Managing Director, GulfStar Group Investment Bankers.
2019 Information & Insights For EntrepreneursBoyarMiller
We understand the challenges and the opportunities in building a business, and we have helped clients put their dreams into action. BoyarMiller serves as a strategic partner for businesses of all size —from entrepreneurs to Fortune 500 companies. Whether you are forming, buying, selling, or expanding a business, we support and help you to advance your business goals by bringing new possibilities into focus with clarity and confidence.
BoyarMiller - A Law to Think About - The Lifecycle of EmploymentBoyarMiller
Shareholders Matt Veech and Steve Keston presented an interactive discussion on employment law considerations from pre-employment and hiring through termination.
BoyarMiller Breakfast Forum: Perspectives on the Energy Industry 2019BoyarMiller
As part of its ongoing Breakfast Forum series, BoyarMiller gathered industry experts for a moderated discussion on the Perspectives on the Energy Industry 2019. Speakers included with Piper Jaffray, Matt McCarroll with Fieldwood Energy LLC, and Laura Schilling, of Pumpco Services.
BoyarMiller Breakfast Forum: The Houston Commercial Real Estate Markets – Wha...BoyarMiller
As part of its ongoing Breakfast Forum series, BoyarMiller gathered industry experts for a moderated discussion on the Current State of the Real Estate Markets. Speakers included Jimmy Hinton with HFF, Trey Odom with Avera Companies and Abbey Roberson with Texas Medical Center.
"Treacherous Terms – Drafting Contracts to Avoid Litigation"BoyarMiller
CLE Presentation Content for an ACC Houston event.
Larry Wilson, Shareholder – Business Group
Gus Bourgeois, Shareholder – Business Group
Stacy Stanley Russell, Of Counsel – Litigation Group
Attorneys of BoyarMiller addressed meddlesome contract clauses from an in-house counsel point of view. Diligent contracting on the front end can help protect your client and avoid litigation on the back end. Drawing on their own experiences from prior roles as in-house counsel, our presenters will discuss several timely contractual provisions including indemnity and limitation of liability to show how business and litigation teams can work together to avoid potential conflict.
BoyarMiller: Pro bono in the trial courts and on appealBoyarMiller
HBA Litigation Section presentation October 2018 by BoyarMiller Senior Associate Whitney Brieck. "Ask not what you can do for pro bono, but what pro bono can do for you."
BoyarMiller Breakfast Forum: The Current State of the Capital Markets 2018BoyarMiller
As part of its ongoing Breakfast Forum series, BoyarMiller gathered industry experts for a moderated discussion on the Current State of the Capital Markets. Speakers included Mark Montgomery with BBVA Compass, Ali Nasser with AltruVista, and Scott Winship of GulfStar Group.
BoyarMiller Perspectives on the Energy Industry 2018BoyarMiller
As part of its ongoing Breakfast Forum series, BoyarMiller gathered industry experts for a moderated discussion on the Perspectives on the Energy Industry 2018.
Speakers included John Berger with Sunnova Energy, Paul Perea with Tudor, Pickering, Holt & Co, and Sanjiv Shah with Simmons & Company International.
#unplug? Legal and Ethical Challenges in Employment in an Online WorldBoyarMiller
A presentation on the legal and ethical considerations in the employment life cycle from pre-employment through post-termination. Screening applicants, monitoring policies, remote work considerations, and access to social media during and post-employment can create ethical questions and legal ramifications for every company.
BoyarMiller Breakfast Forum: The Houston Commercial Real Estate Markets – Wha...BoyarMiller
As part of its ongoing Breakfast Forum series, BoyarMiller gathered industry experts for a panel discussion on the look ahead for Houston’s commercial real estate markets for 2018. Speakers included Jimmy Hinton with HFF, Jonathan Brinsden with Midway and John Nicholson with AVERA Companies.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
1. PAGE 1
Managing In-House Counsel Dilemmas:
Protecting Attorney/Client Privilege
and Avoiding Spoliation
October 11, 2022
Chris Hanslik and Andrew Pearce, BoyarMiller
Celina Carter, BWC Terminals
2. PAGE
AGENDA
Managing In-House Counsel Dilemmas
• What is Privileged?
• Tips for Preserving Privilege
• And….Avoiding Spoliation of Evidence
(including a few war stories)
4. PAGE
What is privileged?
4
The attorney-client privilege protects:
• Confidential communications
• Between an attorney and client
• For the purpose of obtaining or rendering legal advice
5. PAGE
Who Does The Privilege Extend To?
5
• The “Control Group” Test – the privilege extends only to
those members of the group with authority to direct the
actions of the company based on the advice
• The “Subject Matter” Test – the privilege extends to lower-
level employees if the communications are for the purpose
of securing legal advice, was done so at the direction of a
supervisor and the information is limited to those who need
to know
• The client owns the privilege i.e. the company
6. PAGE
Is it business or legal advice?
6
The communication must be predominately for the purpose of
legal advice.
Examples of legal functions:
• Advising company on existing law
• Analyzing conduct for conformity
with law
• Advising on imminent litigation
Examples of business functions:
• Negotiating terms of a contract
• Attending business meetings
• Acting as a scribe
7. PAGE
Is it business or legal advice?
7
When serving in both legal and non-legal roles:
• When practical, separate legal and business advice
• Try to segregate legal files from non-legal files
• Part of a document may be privileged, while other parts are
not
8. PAGE
How is privilege waived?
8
• Attorney-client privilege is waived by disclosing the
substance of the communication to a third party
– Waiver can be voluntary or involuntary
• Third parties may include:
– auditors
– lenders
– the government
– lower-level employees
9. PAGE
How is privilege waived?
9
Common examples of privilege waivers:
• Forwarding a privileged communication to a third party
• Sharing (in writing or orally) the substance of the lawyer’s
advice
• Including privileged materials in a data room
• Sharing privileged materials with an outside auditor or
lender
11. PAGE
Tips for Preserving Privilege
11
In written communications:
• Mark all privileged communications as “Attorney-Client Privileged” or
“Attorney Work Product”
– Prominent and consistent designations are critical, especially when
conducting a review of past communications
– However, do not overuse these labels when providing non-legal
advice
• Copying an attorney does not make the communication privileged
12. PAGE
Tips for Preserving Privilege
12
In written communications:
• Limit the recipients of privileged information
– Exclude people who are not necessary for the discussion
– Take care when including third parties such as auditors
and lenders
– Start a new email chain where appropriate
– When in doubt, pick up the phone
13. PAGE
Tips for Preserving Privilege
13
In board meetings:
• Board meeting minutes should clearly indicate when legal
matters are discussed:
– In-house counsel attended in his/her role as legal advisor
– Discussions were for the purpose of providing legal
advice
– Discussions were confidential and intended to be
privileged
14. PAGE
Tips for Preserving Privilege
14
In meetings or conference calls:
• Take clear notes of who is present
• Label portions of the discussion that are privileged
Consider excluding from privileged discussions any observer or
third party whose presence may cause the privilege to be waived
15. PAGE
Tips for Preserving Privilege
15
While conducting internal and government investigations:
• Involve counsel at the outset for the purpose of obtaining legal advice
and document appropriately
• Communications made by and to non-attorney employees serving
as agents of attorneys in internal investigations are protected by the
attorney-client privilege
• A communication made as part of an internal investigation must
be primarily or predominantly of a legal character to be privileged
16. PAGE
Tips for Preserving Privilege
16
While conducting internal and government investigations:
• Generally, production of information to the Government
waives privilege as to that information in subsequent civil
suits
• When an investigation is conducted by an audit committee
or special committee, the committee is a client separate
and apart from the company for the purposes of the
attorney-client privilege
17. PAGE
Tips for Preserving Privilege
17
During investigation interviews:
• When interviewing employees as part of formal and informal
investigations (particularly with lower-level employees),
memorialize that:
– The information sought was within the scope of the employee’s duties
and is not available from more senior employees
– Communications with lower-level employees were directed by the
employee’s supervisor
18. PAGE
Tips for Preserving Privilege
18
During investigation interviews:
• When interviewing employees as part of formal and informal
investigations the employee should be made aware that:
– The purpose of the interview is for the company to prepare legal
advice
– The attorney represents the corporation — not the employee;
– The conversation with the attorney is covered by the attorney-client
privilege and should be treated as confidential;
– The corporation has sole discretion to waive privilege and to determine
how information may be used; and
– There are legal implications based on the investigation
19. PAGE
Tips for Preserving Privilege
19
Working from Home:
• Avoid the use of personal devices
• Discussing sensitive information should be done in a private
area
• Computers and files should be locked and secure
• Be mindful of AI assistants
20. PAGE
Tips for Preserving Privilege
20
Parent/Subsidiaries:
• Parent and Subsidiary can be represented by the same
attorney – joint client
• If potential for divergent interests, then separate counsel
should be hired
22. PAGE
The Framework of a Spoliation Analysis
22
• Duty. Trial courts should first decide whether a party owed a duty to preserve
evidence. A common-law duty would exist to preserve evidence “when, after
viewing the totality of the circumstances, the party either actually anticipated
litigation or a reasonable person in the party’s position would have anticipated
litigation.” When this duty arises, the party must preserve evidence relevant to
the litigation.
• Breach. Trial courts should then decide whether the alleged spoliator either
negligently or intentionally spoliated evidence. “Because parties have a duty to
reasonably preserve evidence, it is only logical that they should be held
accountable for either negligent or intentional spoliation.”
• Prejudice. Finally, trial courts should decide whether the spoliator prejudiced the
nonspoliator’s ability to present its case or defense. Courts should consider the
destroyed evidence’s relevance and the availability of cumulative evidence.
23. PAGE
The Framework of a Spoliation Analysis
23
• If a party owed a duty to preserve evidence, it must have also breached that
duty.
• A party does so “by failing to exercise reasonable care” “to preserve evidence.”
• Such a breach could occur either through intentional or negligent conduct.
24. PAGE
The Framework of a Spoliation Analysis
24
• Courts rely on the good faith and the diligence of counsel and the parties to
follow discovery rules and conduct themselves honestly before the court. See
Victor Stanley, Inc. v. Creative Pipe, Inc., 269 F.R.D. 497, 525 (D.Md.2010)
(citations omitted).
• “Discovery in civil litigation takes place largely on faith—the faith that each party
will voluntarily provide all relevant and responsive evidence to its opponent, even
when that evidence is prejudicial to the producing party’s case.” Balancecxi, Inc.
v. International Consulting, No. 1:19-CV-0767,2020 WL 6886258, at *13 (W.D.
Tex. Nov. 24, 2020).
• “When litigants fail to meet these expectations, courts become enmeshed in
lengthy and contentious fights over spoliation of evidence.” Quantlab Techs. Ltd.
(BGI) v. Godlevsky, No. 4:09-CV-4039, 2014 WL 651944, at *8 (S.D. Tex. Feb.
19, 2014).
25. PAGE
The Framework of a Spoliation Analysis
25
• Under Rule 37 (e), before imposing sanctions, the Court must find the following
four elements:
1.A party was obligated to preserve electronically stored information (“ESI”) in
anticipation of or conduct of litigation;
2.the ESI is lost;
3.the party failed to take reasonable steps to preserve the ESI; and
4.the ESI cannot be restored or replaced.
• Upon a finding of prejudice to another party, the court may order measures no
greater than necessary to cure the prejudice.
• The most severe sanctions, including dismissal or default judgment, are only
permitted when the court determines that the ESI was lost or destroyed “with the
intent to deprive another party of the information’s use in the litigation.”
FED. R. CIV. P. 37; Balancecxi, 2020 WL6886258, at *12.
26. PAGE
Tips for Avoiding Spoliation
26
• Tip No. 1: Use a third party
– This can largely negate allegations of both intentional and/or negligent
misconduct in the collection of evidence
– Tip No. 2: Collect too much
• Make sure you’re thinking of everything
– USB devices? Text messages? Personal devices?
• Better to have it and not need it than vice versa
• Tip No. 3: Put your people on notice – early and in writing
– And collect as much as you can without them – i.e., access email through
servers
• Tip No. 4: Nothing is in a vacuum
– Other discovery disputes may color a spoliation dispute