This article focuses on the antitrust (competition) issues that can arise in US mergers and acquisitions (M&A) transactions, for which certain U.S. government agencies exercise oversight, what must be done to obtain their approval for those transactions to close, and the direction of government policy on antitrust M&A review, which has shifted under the Biden administration from a decades-long relatively “hands-off,” tolerant, laissez-faire policy to a markedly more interventionist, activist policy, which all dealmakers must be aware of and account for in planning and structuring their transactions. Following the discussion are “Deal Points” on important considerations in the purchase or sale of a business: what to do, and what at all costs not to do.
This article on mergers and acquisitions (M&A) focuses on the preliminary documentation used to frame an M&A transaction, usually Memorandums of Understanding (“MOUs”), Letters of Intent (“LOIs”) and Term Sheets (each or collectively, a “Preliminary Document”). Following the discussion are “Deal Points” on important considerations in the purchase or sale of a business: what to do, and what at all costs not to do.
Learn about notable IP developments and trends in Asia-Pacific, including China, Hong Kong, Singapore, Australia, Malaysia, and Vietnam.
Because the Morgan decision and subsequent case law provide little guidance on what constitute appropriate "intervening actions" of an employer, this article proposes steps that may constitute such actions.
This briefing considers the potential impact of smart contracts upon various industry sectors, outlines the nature of smart contracts, their connection with blockchain technology, whether they are legally binding, and examines contractual issues and potential obstacles to their uptake.
Janice More, vice president, European general counsel, company secretary at HJ Heinz, and winner of the ILO and ACC Europe’s European General Counsel of the Year award, shares insight on legal department leadership in this article. More’s collaborative approach has created streamlined, strategic engagement between her in-house team members and their business and legal partners. More leverages partnerships to add value to the Heinz business.
Learn about key climate change challenges, strategies, and regulatory developments in the media sector in the United Kingdom and the European Union.
This ACC guide provides a Q&A that gives a high level overview of board composition, the comply or explain approach, management rules and authority, directors' duties and liabilities, transactions with directors and conflicts, company meetings, internal controls, accounts and audit, institutional investors and reform proposals in the United Arab Emirates.
Learn about recent developments in South African e-commerce developments, including a new Cybercrime Act, e-commerce warnings, regulation of crypto assets and Africa central bank digital currency.
Learn how the European Union Intellectual Property Office study on AI and IP laws, published March 2, 2022, illustrates through hypothetical cases the "double-edged sword" of AI in IP protection and infringement.
Do you want to give back to your local community by representing indigent or other needy clients? Believe it or not, some states won't allow you to do so (e.g., if you are not locally-licensed, even though the rules permit to provide legal advice to your employer). And, even if a state does allow you to practice pro bono, you still need to keep in mind a whole host of ethical and practical issues, such as confidentiality and client loyalty, avoidance of conflicts and whether or not you should purchase malpractice insurance. Composed of in-house lawyers who have faced these challenges, this panel will explore current pro bono practice and ethics rules, how and where those rules are changing and what you can do to make sure you and your law department are in compliance.
Approach your internet enforcement program as a war: it should be directed toward a defined and attainable objective. This article provides a brass-tacks approach to setting up an effective program for trademark protection on the web.
In this multi-country guide, learn about legal frameworks and key rules regarding directors' duties and responsibilities.
That magic moment when an idea, trend or social behaviour crosses a threshold, tips, and spreads like wildfire. This article examines the recent developments of NewLaw firms in the Australian corporate legal services arena, law firms’ adaptive responses and implications for corporate counsels.
Looking to bring a business-focused approach to your in-house practice? Take some tips from Siemens Canada’s experience running the legal department like a business.
As valuable assets, trade secrets are often targets of theft. This article provides a brief summary of recent legislative developments and discusses best practices to help protect trade secrets.
Don’t let a demand letter drag you out of the dark: In-house counsel may not know about their clients’ international commissioned agents until trouble presents itself. Learn how to establish a method that vets agents carefully, assesses risks and establishes an informed sales agency agreement.
Renegotiating existing sourcing contracts is an excellent way to bring new value and innovation to your company and its suppliers. Maximizing leverage is often said to be the most important part of this process, but there are many other factors that must be considered. Learn how to get the most out of your renegotiation, while strengthening the relationships with your suppliers.
Learn the Top Ten considerations in-house counsel need to know when handling sensitive Protected Health Information ("PHI") and/or Personally Identifiable Information ("PII") in a healthcare setting in the United States, including the unique set of risks associated with this handling of data.
A discussion of how law department leaders are changing their contract processes in light of economic downturn-related budget cuts.
Many states allow employees to file claims against employers alleging that the employer has created a “public nuisance” as the result of failing to maintain a safe and healthy working environment during the pandemic. The lawsuits focus not on OSHA requirements, but on guidance from the CDC and local governments, or best practices for certain industries.
This top ten article contains tips on how to mitigate a crisis as quickly and efficiently as possible with the least amount of exposure to your company as possible.
This article lists the top ten considerations for real estate transactions in Kenya.
This is a speech given by F. William McNabb III at a Lazard Asset Management’s 2015 Director Event “Shareholder Expectations: The New Paradigm for Directors.”
This Top Ten focuses on the important inquiries counsel should make when entertaining the idea of an automated management system for outside counsel work.
Learn about Hong Kong current law, proposed law, risks, and law enforcement related to crowdfunding.
Our commitment to conducting business in<br />a lawful and ethical manner is not tested when doing so is easy, but rather when it is hard.
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