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Shanahan, the former chairman and CEO of ESSI, as well as other executives and directors...Law360 (June 18, 2008, AM EDT) -- After denying the original settlement proposed in the derivative options backdating suit against Zoran Corp., a district judge has approved a revised deal that includes a larger cash recovery for the company. Morton Denlow (Ret.) joined JAMS in October 2012 following 16 1/2 years of distinguished service as a Magistrate Judge for the United States District Court for the Northern District of Illinois.During his time on the bench, Judge Denlow presided over thousands of civil and criminal matters in both the pretrial and trial stages.Also includes links to selected real-world contract forms. You're free to use the Common Draft materials (which are copyrighted) in accordance with the following license; all of the following permissions are given on the express condition that you agree to the Cautions below. This list of exclusions requires only reasonable corroboration of a claim of exclusion from confidentiality, as opposed to some provisions of this kind that require documentary proof of the claim. According to the court, that requirement helps to guard against the possibility that someone might "describe [their] actions in an unjustifiably self-serving manner …. (a) Information that is made available to the Receiving Party in connection with the Agreement, by or on behalf of the Disclosing Party, will not be considered Confidential Information unless the information is marked as provided in the Agreement. Compaq won because Convolve, which claimed trade-secret rights in certain information, had disclosed some of that information orally to Compaq, but didn't follow up those oral disclosures with written summaries, which was required by the parties' non-disclosure agreement. At all times during the Confidentiality-Obligation Period, the Receiving Party must cause the following precautions to be taken to safeguard Confidential Information in its possession, custody, or control: (1) at least the same precautions as the Receiving Party takes for its own information of comparable significance; (2) in no case less than those precautions that a prudent person would take in the same circumstances; and (3) any other particular secrecy precautions stated in the Agreement. 1960) (per curiam, adopting district court opinion).Free for (limited) use under a Creative Commons license. The INCOTERMS® are "a series of pre-defined commercial terms published by the International Chamber of Commerce (ICC) [that are] widely used in international commercial transactions …. the purpose of corroboration [is] to prevent fraud, by providing independent confirmation of the [witness's] testimony." See Sandt Technology, Ltd. Resco Metal & Plastics Corp., 264 F.3d 1344, 1350 (Fed. 2001) (affirming relevant part of summary judgment; internal quotation marks and citation omitted). (b) Except as otherwise stated below, for information to be considered Confidential Information, the information must: (1) be set forth (or summarized) in tangible form (including for example an electronic storage device); and (2) be marked with a reasonably-prominent, visually-readable notice such as (for example) "Confidential information of [name]" or "Subject to NDA." In assessing whether a disclosing party in fact maintained particular information in confidence, a court very likely will give significant weight to whether the disclosing party caused the information to be marked as confidential. In many situations, these "standard" precautions are likely to satisfy the disclosing party's desires, but for some types of Confidential Information, a disclosing party might want to insist on special precautions — especially in the era of criminal hackers, and even state actors, breaking into insufficiently-secure computer systems and stealing valuable information, such as happened to Sony Pictures Entertainment, allegedly at the hands of North Korea, and to Home Depot, which booked a charge of 1 million after a 2014 theft of customers' credit-card data. (1) will not waive or otherwise affect the Disclosing Party's ability to enforce its other intellectual-property rights (for example, copyrights and patents) against the Receiving Party except to the extent, if any, that the parties expressly agree otherwise in writing; and (2) will not affect any obligation of confidentiality imposed by law.His breadth of experience as a trial lawyer, a settlement-focused judge, and successful mediator makes him an ideal choice to mediate complex cases.
2016-03.4; last modified Wednesday September 14, 2016 Houston time. This could be a big mistake for a disclosing party — a receiving party could later argue that the mere issuance of a third-party subpoena automatically resulted in the subpoenaed information being excluded from confidentiality status, even if a court were to issue a protective order restricting what the third party could do with the information. (c) THE DISCLOSING PARTY WILL NOT BE LIABLE for any use of Confidential Information made by the Receiving Party EXCEPT to the extent (if any) expressly stated otherwise in the Agreement, for example: Some drafters make a practice of including disclaimer language like this for use as litigation sound bites. (d) In addition, no later than the end of the Catch-Up Marking Period, the Disclosing Party must: (1) furnish the Receiving Party with a copy or written summary of the Confidential Information that is marked as Confidential Information; and (2) give the Receiving Party notice that it has done so. Such a preference can be accommodated at least somewhat by using this provision.
He conducted over 2,000 settlement conferences and tried a number of bench and jury trials, including complex commercial disputes, employment, ERISA, intellectual property and civil rights cases.
Judge Denlow is known as a creative problem solver who will not rest until a case is settled.
As a faculty member of the Federal Judicial Center, he taught hundreds of federal judges mediation skills and effective impasse breaking techniques.
Prior to his appointment to the federal bench on March 1, 1996, Judge Denlow was actively engaged for 24 years as a trial and appellate lawyer in complex commercial litigation, including 10 years as an active arbitrator and mediator.