Decades in Business,
Technology and Digital Law

When drafting or negotiating a Non-Disclosure Agreement (NDA), one question inevitably comes up: How long should this NDA last? It seems like a simple issue – but it’s not. A common misconception is that the NDA’s “term” is a one-size-fits-all provision. In reality,...

When was the last time you read the “Destroy All Confidential Information” clause in an NDA and thought, Wait… how does this apply to my backups? This often-overlooked provision seems straightforward—until you realize that deleting information from backup systems...

On December 23, 2024, the Biden administration initiated a trade investigation into China's production of "legacy" semiconductors—chips integral to everyday products like automobiles and household appliances. This "Section 301" probe, set to transition to the incoming...

The tragic death of UnitedHealthcare CEO Brian Thompson on December 4, 2024, has intensified scrutiny of the health insurance industry's practices, including the use of artificial intelligence (AI) in decision-making processes. In this fraught period, the Centers for...

In U.S. commercial contracts, limitation of liability (LoL) clauses are common tools used to cap or exclude certain types of damages between businesses. However, U.S. courts generally will not enforce an LoL clause in cases of gross negligence or willful misconduct,...