By December 1, 2023, all companies listed on the NYSE or Nasdaq must adopt clawback policies that comply with listing standards mandated by the SEC (the SEC Clawback Rules). This requirement to adopt new compliant clawback policies applies to all US-listed companies, including listed foreign private issuers (FPIs). Latham & Watkins attorneys have prepared this FAQ to offer practical advice for listed companies implementing compliant policies.
If, two years ago, the term Internet of Things was a part of your lexicon as an in-house lawyer, you were ahead of the game. Today, general news and industry publications report daily on some aspect of the Internet of Things. Because an IoT market is virtually certain to emerge, in-house lawyers may find themselves confronting new territory.
Despite the steady transition from paper to electronic-based media over the past two decades, many company records programs are still largely paper-centric. With new compliance challenges on the horizon, these programs require an upgrade.
It’s no secret that corporate crises are fast becoming “the new normal” for companies around the globe. With a seat at the executive table, in-house counsel can capitalize on this platform to become ethical gatekeepers for the company and minimize the liability of an unexpected crisis.
Mexico ardently protects the privacy of its individual citizens' personal data and sensitive personal information. This protection is enforced though the Federal Personal Information Protection Law and its regulations. The Federal Institute for Access to Public Information and Protection of Information (IFAI) is the agency in charge of enforcement. This article reviews the eight main principles of this law.
As the East continues to seduce business, more in-house counsel will be asked to manage legal services in China. Your new legal team will adhere to and be motivated by different cultural norms, which you as their leader should know. Learn basic cultural concepts relevant to all facets of life — including business — in China.
In this edition, we report on the High Court’s decision in the ACCC v TPG case, in which TPG’s advertisements were ultimately held to be misleading and deceptive and the original $2 million penalty was reinstated. Another significant development this quarter was the release of the Australian Law Reform Commission’s Final Report on Copyright and the Digital Economy, which recommends the introduction of a flexible “fair use” exception to copyright infringement.
General counsels operate best where business and legal intersect. With new technologies and regulations developing everyday, counsel needs to be aware and reactive to the ever-changing landscape. In this article, learn how to deal with new advances in technology that will keep you and your department ahead of any issues.
Ride-sharing company Uber has achieved staggering success, now boasting 300,000 drivers worldwide. But are these drivers employees, or are they independent contractors? This distinction has lead to complex litigation for the company, and has brought up key questions about how new forms of employment are protected under current laws.
The Australian In-house Legal Counsel Pro Bono Guide, and provides detailed insights for the in-house profession. It includes case studies of pro bono legal services provided by some of Australia’s top organisations and guidance on how to create an effective in-house pro bono program.
This guide builds on a previous 2013 publication.
This article provides an overview of the justification, objectives, and organization of a comprehensive IP initiative, examines the two substantive phases of the initiative that management typically prioritizes: commercialization and protection.
Traditional manual analysis of patent documents is no match for the flood of patent data inundating your office. Despite limits, current automated patent analysis tools can help you stay competitive. This article describes the tools available and how you can apply them. You can start using these tools to support cutting-edge strategies, such as patent radar, precision patenting, and right-sizing of patent portfolios. You can create small, powerful, blocking patent portfolios that will discourage competitors while enabling you to forge new partnerships and prune deadwood from your patent orchard. Why use a handsaw when you can use a power saw?
We’ve all been there — swamped, in a new job and not knowing where to start. Hear veterans tell their war stories and the top five things they did (or wish they did) in their first year in-house.
Under the Federal Rules of Civil Procedure, it is fundamental that a party may seek documents that are in the opposing party’s “possession, custody or control.” The same or similar standards are reflected in most state civil procedure rules. The corollary to these rules is that to avoid claims of spoliation and the severe sanctions that may follow, a party is obligated to ensure such records are preserved when litigation is reasonably anticipated.
The Danish Data Protection Agency published its 2022 inspection plan, which involves new focus areas, but also repeats areas from previous years. This article is an overview of the inspection plan, and how your organisation can prepare for a possible inspection.
In this Quick Overview, in-house counsel can learn about important Intellectual Property terms that are often used when working with outside counsel in the United States.
Every now and then, a case comes along that shatters perceived wisdom and established practice. The “Woolsworths” case (as it has become known) is one of those cases. Up until this point, an employer embarking on a collective redundancy exercise could be fairly confident that the consultation obligations were triggered only if it proposed to dismiss 20 or more employees “at one establishment” within a 90-day period. For multiple site businesses, this threshold was usually applied to each place of work to give some flexibility before hitting this consultation obligation threshold. Breaking new ground, the EAT has now ruled that this approach is wrong. Read on to learn more.
Check out this 2014 Communicator Award-winning article! Litametrics is the application of analytics in a range of areas. The use of analytics is not new territory for most law departments that dabble in ediscovery, applying analytics to perform searches for documents. Litametrics can also empower counsel to make better and more informed decisions on building a legal team, budgeting and predicting outcomes of cases so the best strategy can be developed. Learn what Litametrics can do for you.
Would you feel comfortable if your company outsourced its key technology, ecommerce, or information management-related functions using agreements that did not cover the most critical contractual issues? Of course not. This article provides a "Top 10" list of important legal issues that you should address in technology, ecommerce, and information management outsourcing agreements. The list includes some issues that, although not necessarily new or unique to outsourcing transactions, are at a premium in such agreements. The article also provides some sample contractual language that you can use as a starting point to address key legal issues specific to your company.
You give your sales manager daily updates but still hear that the contract you are negotiating with a customer is “stuck in legal.” You work incredibly hard but don’t seem to be getting results. The successful in-house lawyer knows how to meet his or her clients more than halfway. Knowing the right way and right time to reach out to, work with, and serve your business clients will drive your effectiveness, enjoyment and success as an in-house lawyer. This program for new and experienced in-house counsel will teach you how to move beyond pure legal analysis and into the advanced do’s and don’t’s of in-house practice: knowing your business and its goals, using advanced communication skills and picking your battles. The tips, tools and techniques presented will allow you to align with your business leaders while ensuring you hew to your core mission with integrity.
All organizations, nonprofit or for-profit, need to be clear about what they stand for. And this is where intellectual property law plays a key role.
The Indian data protection legal regime is proposed to undergo a major overhaul with the enforcement of the Digital Personal Data Protection Act.
This article discusses In-house counsel internal strategies for compliance, including training of key stakeholders and conducting gap assessments.
The purpose of this article is to highlight the key issues any international non-government organization (NGO) should consider when evaluating their international employment needs, considering expansion into a new region/jurisdiction, or in any other context where employment law may arise.
The Sarbanes-Oxley Act requires the audit committees of boards of public companies to establish procedures for the receipt and handling of whistleblower complaints regarding questionable accounting practices, including anonymous reports. This article explains the essential features of a compliant complaint procedure and offers a plan for guiding the audit committee through the implementation process.
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