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The Association of Corporate Counsel (ACC) is the world's largest organization serving the professional and business interests of attorneys who practice in the legal departments of corporations, associations, nonprofits and other private-sector organizations around the globe.

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Articles

Do You Speak Mareva? How Worldwide Freezing Orders are Enforced in Switzerland

By Sandrine Giroud

Worldwide Freezing Orders (WFOs), also known as Mareva injunctions, have been described as “nuclear weapons” of the law. Often granted at the pre-trial stage in ex parte hearings, a WFO is a protective measure preventing a defendant, by way of an interim injunction, from disposing of their assets pending the resolution of the underlying substantive proceedings. While granted only in certain common law jurisdictions, such orders can take effect worldwide. However, their enforcement can prove problematic in other jurisdictions that may not provide for corresponding measures. This article reviews and comments on several decisions rendered by the cantonal courts and the Swiss Federal Supreme Court in relation to the enforcement of the WFO.

Articles

Regulation of the "Accident Prevention Factor" ("FAP")

By Marcello Pedroso Pereira, Partner of Social Security department at Demarest Advogados

According to Brazilian law, the Accident Prevention Factor (FAP) for each company is determined according to the number of labor accidents and illnesses that have generated payment of social security benefits. The FAP calculation is mainly based on the frequency, level of importance and cost of the labor illnesses and labor accidents of each company. In recent years, the social security website has provided the specific FAP for each legal entity. Read on to learn more about FAP regulation.

Articles

Disputed Direct Debit Payments: Guidance for Banks (Germany)

By Allen & Overy

Recent appeal court case law in Germany gives useful guidance to banks on when an insolvency administrator may successfully dispute a debit made from an insolvent debtor’s account under a direct debit authorisation. Under previous Federal Supreme Court case law, a bank customer is taken to have impliedly approved direct debits of regular payments in similar amounts unless the customer objects to the debits promptly. Recent case law from the Higher Regional Courts has provided more detailed guidance in this area.

Articles

OHIM Communications can also be Decisions, says CJEU (EU)

By Squire Sanders

Case C-402/11P Jager & Polacek GmbH v OHIM (18 October 2012) highlights the importance of having clear regard for the procedural rules governing procedures at OHIM, that OHIM is clearly an institution of the EU, and that its acts should be treated as such.

Program Materials

Daily Fantasy Sports: Legal & Compliance

By Nicole Ibbotson

Fantasy Sports has been in the headlines lately as states and the federal government grapple with the legality of this $2 billion industry. This panel will examine the legal framework around this industry that boasts approximately 60 million participants in the US and Canada alone.

Articles

Doing Business in New Zealand

By Simpson Grierson

This material provides an overview of the various factors that a foreign investor should consider when establishing a business in New Zealand.

Articles

Doing Business in Nicargua

By Alvarado y Asociados

This material provides an overview of the various factors that a foreign investor should consider when establishing a business in Nicaragua.

Program Materials

What to Do When the SEC Enforcement Division Comes Calling

By Timothy E. Flanigan - Vice President and General Counsel, Corporate & International Law, Tyco International (US) Inc.; Scott W. Friestad - Assistant Director, Division of Enforcement, U.S. Securities and Exchange Commission; George J. Terwilliger III - Partner, White & Case LLP; Michael C. Wyatt - Executive Counsel, Anthem, Inc.

908 What to Do When the SEC Enforcement Division Comes Calling

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