So, the Customer wants you to take on unlimited liability for breach of confidentiality, indemnify (and hold harmless) for any and all bad acts of your employees, and to carry a multi-million dollar insurance policy. What do you do?
First, begin by triaging these from simplest to more complicated. During a negotiation it can be helpful to appear to “give” as much as possible up front when you’re down to a few points. This way, when the final hot button items arise, you appear reasonable.
Insurance requirements are usually no-brainers, and as long as the amounts demanded are not grotesquely high, your Risk folks will approve the proposed language with very light editing, if any. Today, it is also not unusual for the Customer to demand to be named as a payee in the event of a loss; this is often fine, and usually not an issue. More practice pointers, after the jump….
Hurricane Irene: She came. She saw. She blew. She sucked? In the wake of HurricaneTropical Storm Irene, people have been expressing their displeasure with the way this natural disaster panned out. Apparently, we’re now so bitter as a society that we’re wishing greater harm upon ourselves. That’s a little sick, no?
After days of preparation, there is still a lot of damage to deal with in the aftermath of the storm. So, for all of you Irene naysayers, consider these facts. Across the Eastern Seaboard, millions of people are without power. As of this morning, at least 21 people have lost their lives. We’re looking at estimated property losses of $7 billion.
UPDATE (1:10 PM): The property losses could actually run as high as $13 billion, meaning that total economic losses could reach $14 billion to $26 billion (because “the rule of thumb is that total economic losses are equal to about twice property losses”). See this interesting post, entitled “How Irene Lived Up to the Hype,” by Nate Silver.
In the legal world, we know that it pays to be prepared, but there are some things that we just can’t work around….
If this tiger reminds you of your pet cat, you are an idiot.
There’s a Chris Rock joke about the Siegfried & Roy tiger attack: “That tiger didn’t go crazy, that tiger went tiger.” With that in mind, I bring you this latest decision from the Tenth Circuit, via the National Law Journal:
An insurance company does not have to pay a Kansas family $100,000 for an accident in which a Siberian tiger attacked and killed their daughter during her senior photo shoot, a federal appeals court ruled this week.
On Monday, the 10th U.S. Circuit Court of Appeals held that Safeco Insurance Company of America does not have to pay damages in a wrongful death suit because the homeowners policy bought by the tiger’s owners excluded coverage for business pursuits.
I’ll admit, it took me a second to appreciate what was going on here. As it turns out, the only actor that behaved reasonably in this situation was the tiger (and the Tenth Circuit)….
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: firstname.lastname@example.org.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
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