Read this article to find out several key risk areas that require significant attention by legal counsel before a US or European member of a joint venture in Asia finds it necessary to discuss a break-up, dissolution, restructuring, or buy-out of a joint venture with its foreign partner.
Virtually every business of any size can now internationally source or distribute goods, services, or intellectual property. But only the largest companies have the resources and experience to overcome differences in legal and regulatory regimes, cultural norms, language problems, and currency issues on their own. So smaller companies often turn to an international joint venture (IJV). We examine the advantages and disadvantages of IJVs, including key contract provisions and practical aspects of their structure and operation, as well as common mistakes to avoid.
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.
Working on a nonprofit board can a valuable and rewarding experience. But when the members of the board fail to ask the right questions about how their organization is being managed, the results often end up making the front pages.
Understand how the UK Economic Crime (Transparency and Enforcement) Act 2022 relating to sanctions coming into force in the UK may impact companies' ability to pay dividends or take other corporate actions.
Learn about the extensive due diligence duties under EU’s newly proposed Corporate Sustainability Due Diligence draft Directive.
In 2021, in the context of the common agricultural policy reform 2023-2027, the European Parliament and the Council of the European Union adopted a new exemption from competition rules for certain agricultural products. Specifically, Article 210a of Regulation 1308/2013 establishing a common organisation of the markets in agricultural products (“CMO Regulation”) introduced an exclusion from the prohibition against anti-competitive agreements (or “cartels”) for certain restrictive agreements in the agricultural sector when those agreements are indispensable to achieve sustainability standards. In this latest development, on 10 January 2023, the European Commission (“Commission”) published for consultation its draft guidelines on how this exclusion should apply. The Guidelines seek to clarify how operators active in the agri-food sector can design joint sustainability initiatives in line with Article 210a.
Over the course of two sessions, learn how to structure and implement an effective compliance program; review hallmark DOJ guidance and discuss the Federal Sentencing Guidelines and their application to corporate compliance programs; learn how to conduct a gap analysis and design a compliance program that fits your organization’s needs; learn about successful program-building strategies and how to avoid compliance program pitfalls; and learn how to measure the effectiveness of your program and conduct a compliance audit.
In this publication, the details and secrets of excellent record retention programs are unlocked. Learn how to update traditional methods to better fit your modern workplace. Find a starting point, execute an effective and compliant schedule and evolve with new regulations.
This QuickCounsel intends to clarify the process of creation of a localor foreign legal entity in Brazil.
The greatest disparities in the legal profession are found in the upper levels of legal executives, such as general counsel or managing partners. This article explores how life circumstances, skills, behavior, and the availability of mentoring contribute to these differences, and the potential for technology to break down barriers.
As legal departments continue to deal with increased expenses, insufficient resources and technological advancements, the role of key decision-maker has begun to shift from general counsel to senior administrator. Read how several administrators are working to transform the office of the general counsel.
Since the AkzoNobel decision the scope of legal professional privilege in Europe has evolved. More countries have moved in the direction of extending the legal professional privilege to in-house counsel. In this session we will discuss:
Generously brought to you by ACC Europe
The human resources ("HR") audit is a valuable tool in the in-house counsels risk management toolbox. It can help you to identify and correct weaknesses in HR practices and processes before someone mishandles or overlooks an employment situation, possibly giving rise to litigation. This article gives you practical pointers on how to launch an HR audit, specifically, how to make the business case to your company decision makers, how to select the people who will perform the audit, how to make the audit thorough and meaningful, and how to make effective use of what the audit reveals.
This ACC guide provides a Q&A that gives a high level overview of board composition, the comply or explain approach, management rules and authority, directors' duties and liabilities, transactions with directors and conflicts, company meetings, internal controls, accounts and audit, institutional investors and reform proposals in the United Kingdom.
When it comes to defending a consumer class action suit — for deceptive promotion or false advertising — is expensive settlement the best option? Scores of companies have chosen this course, but another solution that does not involve extensive discovery and lengthy motions exists.
During oral arguments in the 2006 Supreme Court case eBay Inc. v. MercExchange, LLC, Justice Anthony Kennedy asked, “Is the [patent] troll the scary thing under the bridge?” For many, the answer is yes. Fear no more: This article discusses legislation designed to rein in troll behavior.
Learn about the risks of not using care with the language in contractual bonuses.
Meet our 2013 ACC Value Champions, a group whose exemplary leadership in implementing value initiatives to achieve outstanding results against three key metrics – reduced legal spending, improved budget predictability, and better legal outcomes – resulted in their being named 2013 ACC Value Champions.
Learn how Turkey governs data transfers - both domestically and cross-border.
This panel will focus on the first ninety days in-house as a model for
setting and achieving goals and measuring success that is applicable to
in-house counsel at any stage. Experts will address increasing
production in the counsel's office, managing outside projects, improving
value and reducing costs, engaging with client business groups to
identify important issues and benchmarking successes for those outside
the counsel's office.
In this article, learn more about the state of the legal profession in the Asia-Pacific region during 2016.
You may be an accomplished orator, litigator or debater. In front of a captive audience of children, however, even the savviest speaker can feel pressure. This "Take Our Sons / Daughters to Work Day" veteran has outlined a tested - and - true formula for sure success.
Learn about the latest developments in greenwash claims and challenges in enforcement in the United Kingdom.
This Wisdom of the Crowd (ACC member discussion) addresses battle of the form situations between a seller's standard terms and conditions, and terms mentioned on the buyer's purchase order. This resource was compiled from questions and responses posted on the forum of the IT, Privacy & eCommerce ACC Network.
This article provides an explanation of the Clean Power Plan (CPP). The article also describes the CPP's development, previous legislation that led to its execution as well as the controversies surrounding its release within the United States.
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