Legal Research

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White-Collar Crime

Tuesday, July 7, 2009

By Samuel Estreicher and Steven C. Bennett

"Samuel Estreicher, the Dwight D. Opperman Professor at New York University School of Law and counsel to Jones Day, and Steven C. Bennett, a partner at Jones Day, discuss Arthur Andersen LLP v. Carlisle, where the U.S. Supreme Court ruled that nonparties to an arbitration agreement may obtain a stay pending arbitration under §3 of the Federal Arbitration Act if state law recognizes the right of third-party enforcement."

OUTSIDE COUNSEL:

Ensuring Choice-of-Law Provision Includes Non-Contractual Claims

Tuesday, July 7, 2009

By Mitchell J. Geller

"Mitchell J. Geller, a partner at Holland & Knight, writes: A contractual choice-of-law provision is 'sufficiently broad' to cover tort claims (as well as statutory claims) arising from the contractual relationship if it states that 'any claim, controversy or dispute arising under or related to this agreement' is governed by New York law or words to like effect. Nevertheless, corporate attorneys continue to rely on "standard" language used in prior agreements that do not contain this critical language."

TECHNOLOGY TODAY:

Free With Registration: Growth of 'Cloud' Computing Brings New Legal Challenges

Tuesday, July 7, 2009

By Shari Claire Lewis

"Shari Claire Lewis, a partner at Rivkin Radler, writes: Given the explosive growth of cloud computing, it should be no surprise that it presents numerous legal issues for businesses. As with other forms of "outsourcing, 'businesses' duties to protect private or confidential data do not end with their transfer of the data to third-party vendors for storage or processing. What undoubtedly can complicate the privacy issues is that the governing law might change depending on the cloud provider's physical location. Another issue that may be even more difficult to parse than privacy concerns is the implications of cloud computing on pretrial discovery in general and on electronic discovery in particular."