EU data privacy laws make the collection of Electronically stored information (ESI) and its transfer out of Europe challenging. The session will begin with a brief update of U.S. case law focusing on cross-border discovery generally, and then turn to a discussion of Privacy by Design ("PbD"), which has become the gold standard for privacy protection in the 21st Century. This discussion will cover examples of how PbD has been operationalized and used to address the challenges presented by EU data privacy laws. The session will then cover Europe's acknowledgement of Canada's stringent privacy laws which make it a unique base for e-discovery collection, analysis and review. By collecting ESI from European employees into Canada, and then culling down/reviewing ESI in Canada to identify responsive email and documents, organization can minimize the amount of ESI for which they must obtain consent from employees for transfer to the U.S.
This guide provides an overview of key legal issues, rules and developments regarding vertical agreements and dominant firms across a range of jurisdictions.
The practical consequences of a new regulation, adopted by the European Union on December 14, 2022, on M&A transactions of a certain size will be considerable as of 2023 and may, above certain thresholds, concern all companies, European or non-European, benefiting from financial contributions from any country outside the European Union when the subject of the M&A transaction includes a business located in the European Union.
The ACC Docket interviews James Williams about his work at the Liquidity Services and risk management.
The September 2017 amendments to the Patented Medicines (Notice of Compliance) Regulations introduced a new scheme for pharmaceutical patent linkage litigation in Canada. That scheme is now much closer to the United States' (US) Hatch-Waxman scheme, but with remaining key differences that are explained in this chart.
This Wisdom of the Crowd (ACC member discussion) addresses addresses limiting the right to revise user policies. This resource was compiled from questions and responses posted on the Forum of the IT, Privacy & eCommerce ACC Network.
For healthcare companies, the use of blockchain has the potential to revolutionize data storage practices, at a fraction of the price of traditional processes. This article provides a summary of blockchain, identifies legal issues under US law, and discusses some of the exciting possibilities and challenges to execution in the healthcare sector.
Being the target of a cyber-attack is something no company ever wants to experience. The only thing that’s worse is getting sued for being the target of a cyber-attack. This article offers in-house counsel a crash course in cybersecurity regulation and litigation, focusing on the liabilities stemming from the disclosure of customers’ personally identifying information.
With seemingly never-ending shifts in global politics and economies, everyone is looking to in-house counsel for guidance. Follow this roadmap to guide your organizations through uncertainty.
This article lists the five customer requests you should not agree to, and some suggested actions you should consider instead when fulfilling conflict minerals and customer requests. The article relates to 2014-2015 regulatory disclosures to the US Securities and Exchange Commission (SEC) regarding conflict minerals (in connection with the US Dodd Frank Act).
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.
A sample agreement between a company and a vendor. The company may be/has been awarded GSA delivery orders for supplying information technology products and services to U.S. Government Agencies and other organizations eligible to use GSA sources of supply. The company does not have the vendor products and services desired by the government on its GSA FSS contract, and as authorized, vendor and the company desire to team their GSA FSS contracts.
This is a sample agreement for the exclusive right to negotiate a software distribution agreement.
This ACC Docket article provides in-house counsel with an overview of the procurement process at larger companies, specific clauses in vendor agreements that are important to review before entering into a contract with a vendor, and a guide to procuring clean energy for your company.
This powerpoint course is a presentation in-house counsel may want to use to train their internal staff on improving careful communications. The presentation will help you take a closer look at your written and spoken communications on behalf of your organization to be sure that you're communicating as effectively— and compliantly — as possible. (Licensed for use in classroom settings only and not for distribution in any form.)
Due to the nature of the state-by-state regulation and ongoing developments in state and federal regulations following the US Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, there is much uncertainty regarding many of these issues. This article provides a brief summary of: (1) some potential options to structure these employee benefits, including certain key issues and risks, and (2) the employment law issues that may arise.
As business professionals, in-house counsel are required to collaborate with many stakeholders with different incentives. Join our experienced panelists as they discuss obstacles to collaboration and how to overcome them. Panelists will provide insight and practical tips on working within your legal department, working with different groups within the company (such as sales) and working with those outside the company (e.g., customers, outside counsel and opposing counsel) to achieve corporate goals and succeed within the department and company. Move from, “That's not my job” to “I’ll take the lead.”
This Leading Practices Profile examines knowledge sharing and management practices of six companies and two law firms. Organizations featured in this Profile described practices and approaches for managing and sharing knowledge across a variety of industries, as well as law firms.
This is a sample general agreement for construction, installation, repair or service work on company premises.
The following are ten findings, pulled from two surveys, reveal both surprising and not-so-surprising insights for General Counsels and their Compliance officers pertaining to Anti-Money Laundering and Compliance issues in the United States.
This article discusses U.S. litigation trends in 2013, and highlights noteworthy cases affecting the unconventional oil and gas industry.
This QuickCounsel covers what information you need to familiarize yourself with the concept of 'ambush marketing', when a non-sponsor of an event to try to associate itself with the event without authorization from the event organizer and without paying the sponsorship fee, often to the detriment of the official sponsor and its brand.
The close connections between a corporation and its foundation can put both organizations at risk for inadvertent self-dealing. Take these necessary precautions when making transactions between the related business and the foundation.
Your company wants to expand internationally, but you know almost nothing about doing business in other countries. If your company is too small for an international office, what do you do if you just want to experiment and see whether you can generate revenue? Should you use independent contractors? Outsource? Hire employees? While you may not be able to learn all the laws of different countries, you can learn to identify key considerations for your clients and make solid business arguments for legal compliance. Learn about issues that should be considered and gather information for some specific jurisdictions.
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