Any company or individual is subject to the Foreign Corrupt Practices Act ("FCPA") if it directly or indirectly causes an act or effect in the U.S. in the furtherance of a corrupt payment to a public official. In particular, U.S. parent companies of Mexican subsidiaries can be held liable under the FCPA, if they are found to have directed or been involved in the corrupt activities of their Mexican subsidiaries. This QuickCounsel covers how the FCPA affects how business is conducted in Mexico.
Learn ten tips to negotiate large corporate contracts more effectively. In this short article, Lydia Montalbano, Group Legal Counsel, CRH Nederland B.V., discusses key strategies for effective negotiations, including in international situations where the negotiating parties are from different countries.
This article provides an insight on differential voting rights (DVR) and India’s regulatory framework for the issuance of shares carrying DVRs (DVR Shares).
What does the US Supreme Court's decision regarding the admission processes of Harvard University and the University of North Carolina mean for colleges and for employers?
Social media is a “hot topic.” It seems that everyone has an opinion on how to navigate this dynamic intersection of law and technology — including our regulators. It’s one thing to mitigate the risks, but it’s another to do so without alienating your workforce ... or your CEO. These advances in technology heighten threats to employers'' trade secrets, and other confidential and proprietary information. Coping with these realities is not made easier by laws that have not kept up with how people use technology in their private and working lives. In addition, emerging ethical traps, including enhanced employee privacy protections, ensnare employers and their attorneys as they attempt to deal with technology and employment-related issues. We’ll break through the noise and tell you what you really need to know as corporate counsel to keep your company compliant without getting in the way of business.
The European Commission has extensive powers to investigate possible infringements of EC competition law, including the power to carry out on-the-spot investigations at a company’s premises, if necessary, without prior warning (so-called dawn raids). This article provides information about your company’s rights and obligations in responding to a dawn raid.
This InfoPAK (now known as ACC Guides) provides a Q&A which gives a high level overview of the key practical issues including the level of activity and recent trends in the German market.
Discusses the typical coverage of D&O policies and the most common insurer defenses in situations involving allegations of financial misrepresentation.
This supplemental material is an overview of FEC regulations & registrations.
Securities Act Exemption Chart
This is a sample code of conduct and ethics policy for employees and directors.
In-house counsel can play a vital role in their company’s blockchain pilot program. And as a cross-functional advocate working with senior leadership, you will be responsible for ensuring smoother digital operations.
It’s not how you negotiate, but how you reduce negotiations. This program will cover the major issues in technology contracts and practical advice on what you can negotiate with the giants of the IT world. Learn how to work with large and small vendors in collaborating and negotiating common terms that are applicable throughout the industry.
Many have taken the challenge and implemented new management practices from value-based fee structures to project, process and knowledge management and learned much along the way. This material contains discussions of the lessons learned along the way.
As technology advances and changes some aspects of the way law is practiced, timeless qualities of legal departments persist. The value of diversity is still as ageless as quality wine. And the best law departments capitalize on the experiential and global diversity of its lawyers.
On August 3, 2022, a new bipartisan US Senate crypto/digital assets bill titled the "Digital Commodities Consumer Protection Act of 2022" ("DCA") was introduced by Senators Debbie Stabenow (D-MI), John Boozman (R-AR), Cory Booker (D-NJ) and John Thune (R-SD). This article compares and contrast the Lummis-Gillibrand Responsible Financial Innovation Act and the DCA. While neither bill is likely to become law in its current form, their common assumptions and elements, and that both are bipartisan efforts indicate the likely direction of U.S. regulation of crypto/digital assets.
A presentation on how to open offices in foreign countries.
The human resources ("HR") audit is a valuable tool in the in-house counsels risk management toolbox. It can help you to identify and correct weaknesses in HR practices and processes before someone mishandles or overlooks an employment situation, possibly giving rise to litigation. This article gives you practical pointers on how to launch an HR audit, specifically, how to make the business case to your company decision makers, how to select the people who will perform the audit, how to make the audit thorough and meaningful, and how to make effective use of what the audit reveals.
Learn about risks in China for app operators when implementing third-party services and products.
This Commission Report offers several suggestions for the major participants in the mobile ecosystem as they work to improve mobile privacy disclosures.
Indian employment laws do not prescribe specific requirements for employee onboarding. But, a robust onboarding and training process is essential for both employee engagement and organizational success.
This article explores key practical considerations relevant to in-house counsel in ensuring onboarding and training programs are legally compliant, mitigate risks, and align with business goals.
This is a legal and regulatory playbook of some of the most important themes that will play out in 2023 in India.
Working within the television industry presents a unique set of challenges for the chief legal officer (CLO) overseeing the company's law department. Most CLOs have to balance the business interests with the legal interests, but TV One's Karen Wishart has one other thing thrown in on her balancing act - creative interests.
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