Imagine you are in house at a digital/eCommerce company and your business team approaches you with plans to start selling internationally. They regale you with grand promises from global payment providers: "They'll take care of everything—local website, language translation, exchange rate, payment facilitation, etc. It's plug and play!" Not so fast. Before you get moving, there are a myriad of other essential pieces to consider: Will you be shipping physical products - if so, how and from where? Have we thought about customs duties, local product regulations, corporate tax implications, terms and conditions, and IP rights? Are there marketing and advertising restrictions in local countries? What data protection and security issues will we face? Join this session to delve into the many issues consumer-facing companies should address when seeking to expand globally.
A checklist for guarding against loss of trade secrets.
Legal departments must stay abreast of the risks of collecting and using Big Data. An unsecured stockpile of consumer data, for instance, is a treasure trove for hackers. If issues of privacy, over-collection and data decay — among others — are not given thorough attention, your organization’s Big Data policy could prove to be a significant liability.
This note provides a very brief description of user-friendly guidance provided by US federal agencies on compliance with data privacy laws.
This “best practices” document was drafted by the Cybersecurity Unit to assist organizations in preparing a cyber incident response plan and, more generally, in preparing to respond to a cyber incident in the United States.
This Wisdom of the Crowd, compiled from questions and responses posted on the Employment & Labor Forum, addresses the implications of allowing an employee from a U.S. company to telecommute from Spain.
On April 23, 2024, the US Federal Trade Commission voted 3-2 to adopt a sweeping final rule banning the use of non-compete agreements nationwide.
This article provides of an overview of the final rule, which marks an abrupt departure from existing law in many jurisdictions and has drawn almost immediate legal challenges.
Case laws in Korea, Japan, Germany, England and Israel have shown that the employers’ enormous investment in research and development doesn’t necessarily negate the employees’ right for additional compensation. The legal obligation for financial compensation to employed inventors could be of substantial importance also in investment transactions and mergers and acquisitions.
This Article discusses litigation strategy in view of the new post-grant patent procedures created by the Leahy-Smith America Invents Act (AIA). The AIA provides for post-grant review by the Patent Trial and Appeal Board (PTAB), inter partes review, transitional post-grant review and supplemental examination. These newly created procedures allow third parties to challenge patents and patent owners to strengthen their portfolios. The US Patent and Trademark Office (USPTO) will issue regulations detailing these procedures throughout 2012.
A recent National Labor Relations Board (NLRB) ruling that the men’s college basketball players at Dartmouth College were employees of the school, as well as other legal challenges to establish the employment status of college athletes, could upend the structure of college sports and have unintended immigration consequences for international athletes competing at U.S. schools.
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.
This article explains how classical moral philosophy is an imperfect tool for solving real-world ethical issues and often leads to contradictory and absurd conclusions. The author takes a different approach to making sound, ethical business decisions; read this article to learn more about it.
Since the United States is projected to lead the global economic recovery, the time is right for US corporations to consider establishing operations in new locations. And with Ireland being home to some of the world’s largest corporations, the Emerald Isle may not be such a bad idea. Read this article to learn what Ireland can do for you.
Receiving a letter from the US government stating that a qui tam action has been filed against your company can be a nightmare for the in-house attorney ordered to stay quiet about the case. With shareholder litigation on the rise, companies subject to the False Claims Acts need to consider all options. In-house counsel need to prepare themselves for a tug of war between the laws, penalties that exist for violating a seal, and those that require the disclosure of information to publicly traded companies.
Baker & McKenzie's contribution to the debate on the reform of the Verticals Block Exemption and Guidelines.
Since 2011, the US Securities and Exchange Commission has received over 18,000 whistleblower tips, with 4,200 occurring in 2016 alone. The evidence is undeniable: Agency whistleblower and bounty programs are here to stay, and legal departments should invest in effective internal compliance programs to keep reports within the company and out of the newspapers.
Learn how the US Federal Energy Regulatory Commission's policies and regulatory functions may change in the wake of the US Supreme Court's 2024 decision overturning the Chevron doctrine.
Learn how US banking regulations and policy may change in the wake of the US Supreme Court's 2024 decision overturning the Chevron doctrine, as well as takeaways for your organization.
Most law departments spend more on their outside legal counsel than on their internal costs and staffing, yet most of us also recognize that law firms bill their clients or set their fees in a manner that is both unpredictable and often apposite to efficiency and client value. The ACC Value Challenge project spent the last year learning more about best practices in cost/expense management, and we've created this program to help law departments and firms get a handle on better processes that can help control expenses and drive greater client value in both firms and departments. We'll examine alternative staffing models, data mining techniques that can help you understand what matters are worth, metrics that measure performance relative to cost, and much more.
This is a sample construction services agreement between two companies.
Learn how US health care regulation and policy may change in the wake of the US Supreme Court's 2024 decision overturning the Chevron doctrine, as well as takeaways for your organization.
In the digital age, more organizations find themselves facing the complicated world of privacy and data ownership when user data crosses the US border. This presentation will examine the major regulations governing personal data overseas, provide an issue-spotting checklist and include an overview of the Binding Corporate Rules developed by the European Union Article 29 Working Party.
Despite your best efforts, there is always a possibility that an inspection from the US Occupational Safety and Health Administration will arrive on your company's doorstep. Don't be intimidated by the prospect. By having a pre-established understanding of OSHA and how its investigations impact company operations, legal departments can take preventative measures to mitigate the risk of a citation or subsequent litigation.
This is a sample indemnification agreement for the indemnification by a company of its directors and officers, governed by Delaware law.
An overview of mergers and acquisitions in Europe in 2021.
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