Statements of Work (SOWs) can easily be considered one of the “workhorses” of commercial contracts, documenting key business terms like price and deliverables between parties who, in many cases, have previously entered into a master services agreement with each other. Regardless of the nomenclature (SOWs, order forms, schedules, exhibits, work orders, etc.), business teams should carefully prepare and/or review a SOW’s first draft to ensure that it accurately captures their intentions and expectations, even if a lawyer will ultimately review it. In this 3-part series, I will explore the role of the SOW and its key provisions for each party. 

In an effort to mitigate the spread of the coronavirus, the Trump administration has issued a presidential proclamation imposing travel restrictions upon individuals who have recently visited mainland China. Effective February 2, 2020, any non-U.S. citizen who was physically present in mainland China (all areas governed by the People’s Republic of China, excluding Hong Kong and Macau) within 14 days prior to seeking entry to the U.S. will be barred from entry to the U.S., unless exempt as described below. This entry bar will last until terminated by President Trump.

The State of California is taking additional steps to report sexual misconduct and abuse of patients by licensed health care providers. Effective January 1, 2020, Health Care Facilities and Other Entities (defined below) that arrange for services provided by certain licensed healthcare professionals can now be held liable for failing to report sexual misconduct or sexual abuse of their patients by providers.

As discussed in Part I of this series, independent contractor agreements contain a number of key protective provisions, the majority of which are driven by the type of services/work to be performed and the relative risk to each party. These provisions tend to be highly negotiated between the parties, in part due to the fundamental differences in the objectives of each party.

Many companies and individuals generate a significant amount of material protected by copyright, including video, print, music and merchandise. Unfortunately, this material can be infringed or “reused” by others with relative ease given the ubiquity of the internet and tech-enabled counterfeiting capabilities. The Digital Millennium Copyright Act (DMCA) offers a means by which copyright holders can seek recourse in the event of infringement. This article will provide a roadmap for leveraging the provisions of DMCA to protect your copyrighted material, starting with a brief history on how this law came into existence.

Independent contractor (IC) arrangements are as diverse as they are commonplace in today’s business. An IC may be engaged to perform a simple, limited project, such as providing flowers for a conference, or to lead a more complex project, perhaps as an architect or software developer.

In this article, Lakshmi Sarama Ramani, a member of our Washington D.C. area team, explores non-profit executive compensation and the IRS parameters relating to it, highlighting the Board's fiduciary duty to ensure that such compensation is reasonable and within the best interests of the organization. 

When you least expect it, your company may face a subpoena relating to a lawsuit to which your company is not a party (for example, litigation involving a customer or supplier). When this happens, you may be caught off guard and unsure about next steps, especially if your company does not routinely handle litigation matters. Your options are either: (1) handle it yourself (which can be tricky for many reasons, including subjecting your company to potential liability), or (2) engage outside litigation counsel (which is likely to be expensive).