Author Archives: Kristi A. Davidson

I Will Survive: The Continued Use of Noncompete Agreements

Kristi A. Davidson

The popularity of noncompete agreements ebbs and flows. Businesses laud them. Employees shirk them. Legislators’ views change depending upon which party is in control. Consider, for example, the Commonwealth of Massachusetts, which is one of two states yet to adopt the Uniform Trade Secrets Act (see September 2013 HFN article concerning the federal government’s possibleMore »

Last updated: October 23, 2014

Risk Management 101: Other Contractual Protections (Part 2)

Kristi A. Davidson

As promised, this month we conclude our Risk Management 101 series discussing some remaining “boilerplate” terms: limitations periods; dispute resolution (including choice of law and choice of form); and notice provisions. •Limitations Periods. The law imposes time parameters for the commencement of certain types of claims. Contracting parties, however, may choose to shorten or lengthenMore »

Last updated: July 3, 2014

Risk Management 101: Protecting Intellectual Property Through Indemnification and Insurance

Kristi A. Davidson

By Kristi A. Davidson In January, we began our discussion about how to protect your intellectual property and ways to mitigate the risk of unauthorized use.  Toward the end of that column, I wrote these three words:  “indemnification and insurance.”  We have certainly addressed these words in prior installments of Risk Management 101.  But didMore »

Last updated: April 30, 2014

Risk Management 101: Protecting Intellectual Property (Part 1)

Kristi A. Davidson

In this continuing series on risk management, we have considered the basics of products liability and shifting that risk through either an indemnification agreement or insurance. But products liability is not your only risk. How can you protect against (or seek compensation for) other risks, such as the loss or misuse of your intellectual property?More »

Last updated: January 22, 2014

Risk Management 101: Insure and Protect (Part 2)

Kristi A. Davidson

By Kristi Davidson In November, we introduced the concept of product liability, explaining that anyone in the design, manufacturing or distribution chain is exposed to the risk of liability for design defects, manufacturing or production flaws, or inadequate warnings. In December, we considered one way to shift this risk to others in that stream. ThisMore »

Last updated: December 20, 2013

Risk Management 101: The Power of Indemnification (Part 1)

Kristi A. Davidson

By Kristi A. Davidson Last month’s article introduced ways to manage the risk of product liability through the design, manufacturing and distribution process. This month, let’s consider one way to shift the risk of product liability: contractual indemnity provisions. “Indemnity is a contract by which one engages to save another from the legal consequence ofMore »

Last updated: December 4, 2013

The Social Media Buffet Continues to Draw a Crowd

Kristi A. Davidson

By Kristi A. Davidson Thanks to an explosion of social-media sites, the world now seems smaller than ever. What started as a way to keep in touch or to reconnect with friends, colleagues and relatives has evolved into a critical business tool. If you and your company are not actively using social-media sites, then chancesMore »

Last updated: October 11, 2013