Overcriminalization — specifically, the rise in criminal sanctions for regulatory violations — increases the risk that either you or your company will face a criminal charge. This is, in part, due to countless new regulations and broad prosecutorial discretion. Learn how outside criminal counsel can reduce your exposure to unexpected sanctions.
This article accounts for major changes in Intellectual Property (IP) law—addressing both COVID-related and unrelated changes. This article also provides practical guidance when addressing these types of issues, and include resources for further reading.
in recent years, whistleblower protections have increased in both number and scope. This makes it difficult to determine whether employee complaints constitute “protected activity” under anti-retaliation laws. In-house counsel should be familiar with these new applications, developments and procedures regarding whistleblower claims.
When those two words - Chapter 11 - loom imminently over your company, you may believe that you're well-prepared to press forward. But are you really as ready as you think you are? You will be after reading this article, which highlights the essentials of filing the forms, knowing the details and learning the new perspectives necessary to not only survive, but also succeed during a Chapter 11 proceeding.
Cartel Regulation in the United States is mostly handled by the US Department of Justice (DOJ) and the US Federal Trade Commission (FTC) as they enforce the Sherman Act and FTC Act. In this article, in-house counsel will learn about the rules, regulations, processes and sanctions that are sometimes involved in these cases.
The beginning of a shift toward a more regulatory and less litigation-oriented regime of antitrust enforcement was observable by the mid-1990s, if not earlier. The transition
toward this more bureaucratic approach by antitrust enforcement agencies is the subject of our analysis.
Compile information from earlier sessions that will help convince your CEO that you need to implement an effective compliance program or revamp your current program; Understand how to manage your CEO’s expectations and deliver positive results; take away benchmarks and statistics that will help convince your executives to act before there’s a problem; and receive a pre-prepared PowerPoint presentation you can use to present your case for a new or revamped compliance programs to your CEO, complete with questions you should be prepared to answer.
Life may seem empty after suffering a loss or experiencing a tragedy; however, all wounds are healed in time. This columnist discusses her own loss and how she found the strength to move on.
Read Andy Hull's perspective on moving in-house after life in private practice.
This resource is a detailed social media policy which gives guidance to employees about the proper usages of social media.
As cost centers, law departments and their leaders frequently struggle to tangibly articulate their value to the business. This panel discussion will address the necessary information to clearly define and articulate your value and your department’s overall framework and operations to decision-makers including the CEO, CFO and board. The session will include: the benchmark information you need to clearly articulate value; how to present the case for hiring new resources, including how to optimize structure, align the department with the business goals, and assess optimal sourcing and staffing work within the department; and how to quantify the law department cost drivers that are impacted by decisions related to law department structure and staffing.
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.
Irish competition law is set to be revolutionised in the coming months by the enacted Competition (Amendment) Bill 2022. This article provides the top 20 headline points with respect of the new provisions that will change the Irish competition enforcement regime and the Irish merger control regime.
This is a quick reference checklist for counsel to use at the beginning of a new relationship with outside counsel, or at the start of a new matter.
You’ve just been appointed general counsel of the company. Now what? The next 90 days are probably the most important of your career to date. From working with your assistant to partnering with the C-suite, this article provides suggestions on how to focus your time during the first three month in your new role. Spend your time wisely, or else it might be the beginning of the end.
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.
This InfoPAK (now known as ACC Guides) gives a succinct overview of merger control, regulatory framework and regulatory authorities in the United States.
A reflection on lessons learned in a speedy ascent up the corporate in-house ladder.
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.
This multi-jurisdictional guide covers rules and developments regarding data protection across a range of jurisdictions.
This guide is part of the Lex Mundi Global Practice Guide Series which features substantive overviews of laws, practice areas, and legal and business issues in jurisdictions around the globe.
This Top Ten will explain the most relevant aspects of Public Private Partnerships (PPPs) in Colombia, including the main stages of a PPP project.
Read more to ensure you understand the personal liability you take on when signing the dotted line. Do you have employed lawyers insurance?
ACC is pleased to encourage student scholarship by publishing this paper, authored by Sam Krause, a student in the Georgetown University Law Center course, In-House Counsel: Law and Practice, taught by former ACC CEO Fred Krebs and Russell Stevenson. Congratulations to Sam Krause on writing a very informative paper.
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