Counsel should be wary of boilerplate IP clauses; commonly used 'reps and warranties' may prove to be overbroad or underinclusive

Article Abstract:

Corporate counsel should be wary of the omnibus definitions of intellectual property found in most acquisition agreements. The contracts also request certain representations from the buyer about these assets, and the "reps and warranties" in a buyer-oriented agreement are more detailed than a seller-oriented form. These clauses may be overbroad, but they also may have serious omissions resulting from counsel's failure to ask the right questions about the intellectual property being acquired. Examples of overbroad clauses are given.

Contracts, Business sale

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Independent counsel idea gone awry

Article Abstract:

The independent counsel statute was an important reform and much of the restoration of public confidence in government after the Watergate affair happened due to this law. The powers under the law have, however, been carried to extremes with such counsel being appointed 18 times. The most blatant example of the extremes of the law has been the appointment of Judge Kenneth W. Starr to investigate the Whitewater affair. Reforms of the independent counsel law are suggested.

Practice, Special prosecutors, Starr, Kenneth W.

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