More and more, boards of directors in the financial sector are required to assume responsibility for the organization’s risk management, a responsibility edging ever closer to actual managerial responsibility. This interactive session will provide in-house counsel with the tools they will need to educate and prepare the board to take on this responsibility. Discuss increased responsibility of the board in the financial sector in the areas of risk management — edging closer to a managerial responsibility. Learn how to handle risk management within the organization (i.e., responsibilities of parties, reporting lines, etc.) and identify new risks on the horizon. Understand what boards wish to hear: what information to and not to share with your board, and the risks associated with doing so. Learn how the new SEC and FINRA reporting requirements should impact your board advice regarding cyber threats. Discuss the Board's role in managing operations in emerging markets.
Jeffery Hewitt shares his experience as general counsel of Rama First Nation where he advocates for their Aboriginal community in Canada on the First Nation reserve.
The following article is a primer for non-lawyers in your company on how to use material adverse change ("MAC") clauses to your company's advantage. Because business people in your company may be more cautious about doing deals since Enron and WorldCom and other recent news-making events, the article explains the importance of the material adverse change ("MAC") clause in a deal document (1) to give your company (if a buyer) a vehicle to get out of a deal after having signed the agreement if the deal becomes unfavorable because of a change in the target company or (2) to give your company (if the seller or target) a way to lock in the buyer. This article will also help business people understand the importance of due diligence. The article is certainly not a substitute for personal advice from in-house counsel geared to the particular deal, but should help lay the groundwork for discussions.
Learn about 2024 revisions to China's Law on Guarding State Secrets, which may create new compliance challenges for businesses operating in China.
An overview of mergers and acquisitions in Europe in 2021.
Changes have been afoot in the EU's competition laws, with one of the most important being 25 member states now have the power to rule on all aspects of EU competition law, in to the national competition rules that each has at its disposal. It's no wonder in-house often feel that just when they achieve compliance in one jurisdiction, problems arise in others-much like Hercules when he battled the Hydra. Here is a guide to successfully conquering the multi-headed hydra while complying with EU competition laws.
Companies need to make their clients, colleagues and customers feel that their information is private and secure. That's just good business. But instituting relevant privacy policies and implementing new technologies is just the tip of the data security iceberg. Risk assessments, when performed regularly, are also a critical component to ensuring the effectiveness of a privacy compliance program.
A well-crafted, company-facilitated secondary offering of private company shares (a private secondary offering) enables pre-IPO companies to satisfy the liquidity needs of early investors and employees without becoming exposed to the burdens and risks associated with going public.
Arbitration has a long history in the Kingdom of Saudi Arabia. It has been used for centuries under Shari’ah law in the Kingdom. However, foreign investors in recent years have experienced difficulty in using arbitration in the country. Saudi Arabia has therefore enacted a new arbitration law that is an improvement over the thirty-year old arbitration law that it replaced. The new arbitration law is based on the UNCITRAL Model Law on International Commercial Arbitration but with modifications to ensure that the arbitration process does not ‘violate Shari’ah’ as practiced in the Kingdom. The article reviews the important components of the new arbitration law and provides a comparative analysis of it to the previous law and international arbitration practice. It also analyses the recognition and enforcement of international arbitration awards in Saudi courts, including the impact of Shari’ah and the new arbitration and enforcement laws. Finally, it provides a narrative on the Saudi court system and its role in arbitration.
People around the world continue to grapple with the COVID-19 pandemic, the most extreme public health emergency in a century. This Top Ten discusses the public health law framework in the United States and summarizes some recent developments in the law arising from the COVID-19 pandemic.
Congratulations, you have been offered a fantastic new career opportunity. Now it’s time for you to decide whether to make the vertical leap to a leadership role in an in-house legal department. Here’s what you need to consider.
This QuickCounsel aims at studying three main themes of the French Civil Code reform: the acknowledgment of the concept of significant imbalance, the recognition of the unforeseeability doctrine and the installation of a new legal regime regarding the price.
This article discusses domestic arbitration in Switzerland as it was governed by cantonal law, notably by the inter-cantonal Concordat on Arbitration of 27 March 1969 (the Concordat) which had been gradually ratified and implemented by all 26 cantons.
Legal hold and data protection requirements are evolving, and with General Data Protection Regulation (GDPR) implementation on the horizon, new tensions are arising for multinational corporations trying to maintain compliance with both.
Two sample resumes that could be used as models when you are applying for a new job.
This article provides an overview on final regulations issued by the Committee of Foreign Investment in the United States (CIFUS) on 13 January 2020. The regulations were promulgated in order to comprehensively implement the Foreign Investment Risk Review Modernization Act of 2018.
While you can put off your work until later, do your future self a favor and follow these tips to finish it sooner.
1 January 2014 saw the implementation of Basel III in the European Union (EU) via the Capital Requirements Directive IV (CRD IV) and the Capital Requirements Regulation (CRR). These twin pieces of regulatory reform represent the biggest change to capital requirements for financial institutions since the financial crisis. The combined reforms introduce new capital, leverage and liquidity requirements, whilst also introducing new concepts such as capital buffers and imposing regulatory frameworks on securitisations, derivatives trading and remuneration policies. Read this series of briefing papers on the impact of CRD IV and the CRR.
Here are Top 10 things that covered businesses interacting with Californians should consider as the California Privacy Rights Act (CPRA) as the effective date draws near.
Learn about the key updates on reporting thresholds, reportable information for financial contributions, and reporting exemptions in the final version of the implementing regulation for the Foreign Subsidies Regulation EU 2022/256.
The increasing use of digital media outlets such as Netflix, Hulu and YouTube is on a crash course with the corporate world. Employees are engaged with digital technologies that play an ever-increasing role in their everyday lives, including in the workplace. How can you protect your organization from the impact of this new normal? What policies do others have in place? What ethical problems arise with the use of these outlets in the corporate space? This experienced panel representing the technology, financial services, and media industries will discuss the issues that impact compliance and IP in light of these developments. This interactive session will answer these important questions as well as provide the audience with real world examples aimed at helping in-house counsel address this important issue.
The increasing use of digital media outlets such as Netflix, Hulu and YouTube is on a crash course with the corporate world. Employees are engaged with digital technologies that play an ever-increasing role in their everyday lives, including in the workplace. How can you protect your organization from the impact of this new normal? What policies do others have in place? What ethical problems arise with the use of these outlets in the corporate space? This experienced panel representing the technology, financial services, and media industries will discuss the issues that impact compliance and IP in light of these developments. This interactive session will answer these important questions as well as provide the audience with real world examples aimed at helping in-house counsel address this important issue.
The increasing use of digital media outlets such as Netflix, Hulu and YouTube is on a crash course with the corporate world. Employees are engaged with digital technologies that play an ever-increasing role in their everyday lives, including in the workplace. How can you protect your organization from the impact of this new normal? What policies do others have in place? What ethical problems arise with the use of these outlets in the corporate space? This experienced panel representing the technology, financial services, and media industries will discuss the issues that impact compliance and IP in light of these developments. This interactive session will answer these important questions as well as provide the audience with real world examples aimed at helping in-house counsel address this important issue.
The increasing use of digital media outlets such as Netflix, Hulu and YouTube is on a crash course with the corporate world. Employees are engaged with digital technologies that play an ever-increasing role in their everyday lives, including in the workplace. How can you protect your organization from the impact of this new normal? What policies do others have in place? What ethical problems arise with the use of these outlets in the corporate space? This experienced panel representing the technology, financial services, and media industries will discuss the issues that impact compliance and IP in light of these developments. This interactive session will answer these important questions as well as provide the audience with real world examples aimed at helping in-house counsel address this important issue.
To understand the driving forces behind the evolving role of the CLO and of corporate legal departments, the Association of Corporate Counsel (ACC) reached out to 9,600 indi- viduals. Survey results reflect data* from more than 1,200 individuals in 41 countries who serve as the organization’s chief legal officer or general counsel (referred to as the CLO in this report). From roles and responsibilities to salaries, skills and work environments, the study explored a broad range of topics.
New this year is a comparative analysis of the data from the 2013 and 2014 survey results, thereby addressing current trends facing law departments.
The US Consumer Financial Protection Bureau (CFPB) spent the summer of 2022 acting on several significant regulatory activities. This resource examines those activities in light of the October 17, 2022, US Court of Appeals for the Fifth Circuit ruling that the funding mechanism for the CFPB was unconstitutional. On November 14, 2022, the CFPB petitioned the US Supreme Court to overturn the Fifth Circuit’s decision. The CFPB asked the Supreme Court to consider the petition at its January 6, 2023, conference and hear the case during its April 2023 session.
This article offers tips on what to do if you are a new in-house counsel working for a company that has never had an in-house attorney.
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.
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