Search

We all have a tendency at times to believe that it’s far better to deal with work misery that you know about rather than a potentially worse situation. But what if a new situation or new set of circumstances could offer more?

The Canadian government announced that most of Canada's Anti-Spam Legislation (CASL), including the provisions relating to commercial electronic messages (CEMs), will come into force on July 1, 2014. Intended to be one of the most stringent anti-spam regimes in the world, CASL will have a significant impact on the electronic communication practices of charitable organizations and not-for-profit entities (NFP).

This checklist is for use by licensees when reviewing a licensor's terms for the licence of commercially available packaged software. The checklist covers key issues that frequently arise in these types of licensing arrangements. However, it is not intended to be an exhaustive list and licensees should be careful to review all licence terms carefully. Agreements in respect of software that is to be developed or heavily configured specifically for the licensee are outside the scope of this checklist. In those circumstances, the contract is likely to (and should) contain additional detailed provisions relating to the ownership of intellectual property rights in the new software, acceptance, conformity with specification, delivery of bespoke elements and warranties. The checklist is written from a European perspective. For non-European software licences, users should ensure that they take into account relevant local law issues.

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 National Institute of Standards and Technology (NIST) recently released version 1.0 of its Artificial Intelligence Risk Management Framework. The framework identifies 6 factors for mitigating risk and evaluating the trustworthiness of an artificial intelligence (AI) system.

This article provides an overview of the Carbon Capture, Use and Storage Development Fund, which was launched on 1 March 2021 in order to support the growth of carbon capture, use, and storage opportunities in Australia.

The rise of technological innovation brings a surge of patents - and worse - patent trolls.

Nominations Sought for ACC's Board of Directors - ACC and Altman Weil Release Results of 2003 Chief Legal Officer Survey - Have an Interest in Judicial Elections? - More Valuable Insights from the 2003 ACC/Serengeti Managing Outside Counsel Survey - New to In-house: The Running Man - Shoveling Smoke: Professional Standards: Beyond Conduct Rules

Telecommunications services—those things that connect your corporate offices, data centers, e-commerce sites, call centers, and cell phones—are vital to most companies, and with multiyear, multimillion-dollar contracts at stake, in-house counsel can help save company money through informed negotiations with potential providers. Learn the pricing and cost strategies, standard agreement pitfalls, and remedies to insist on (or avoid) in negotiating your next telecom services agreement.

The worldwide economic distress caused by the ongoing Covid-19 pandemic has certainly not spared the GCC region. In this article, deals with the repercussions of the pandemics impact on the GCC (Gulf Cooperation Council) and how new laws provide for a process in which the injection of new capital via strategic investment.

This guide provides an overview of cryptoasset regulation (prior to the introduction of MiCA), focussing at this point on European jurisdictions, both inside and outside the EU. It summarizes the regulations applying to the main activities performed by cryptoasset service providers and the requirements of the licensing regimes, including time and cost.

If your company sells anything, it's going to be marketed. Don't land in the soup - read our experts' guide to marketing law basics.

This InfoPAK examines the concept of organizational effectiveness and how corporate counsel can use its principles to effectively develop an international, “world-class” legal department. The InfoPAK focuses primarily on “soft” organizational development issues, including those relating to development of a shared vision and organizational culture for the legal department, and development of the people who make up the department. The InfoPAK begins with a discussion of the important foundational step of aligning the legal department’s priorities with the organization’s business strategy and developing a corresponding shared vision for the department. Discussions of successful management of client relationships and internal departmental issues including leadership issues and team management follow. Because change is the one constant in today’s legal department, the InfoPAK also discusses change management and creating a “one team” culture. Finally, it discusses metrics and measurement tools for managing organizational development.

Learn about key data protection and cybersecurity laws in this multi-jurisdictional guide.

Open source software is being incorporated into commercial software products at increasing rates. Despite the association of open source software with a sense of public-domain freedom, open source software is in fact licensed with a variety of restrictions. Although open source software also carries risks of patent liability, this article focuses on the unique interplay between open source software and copyright law, and suggests best practices to limit your company’s potential copyright liability.

A review of mergers and acquisitions in Europe in 2021, with insights on key trends.

In recessionary times, managers are highly motivated to find creative ways to save money. Managers may consider increasing their reliance on independent contractors, to maximize the flexibility to control labor costs on minimal notice and with less disruption to employees. However, retaining independent contractors or reclassifying existing employees as such without a proper legal basis poses significant risks for the company should the workers' status as independent contractors later be challenged. This article discusses ten practical tips for employers and their in-house counsel to minimize the risks associated with the use of independent contractors, particularly in recessionary times.

In-house counsel can take advantage of delays in the effective date of several key Affordable Care Act (ACA) requirements to refine their health care strategies for 2014 and 2015. This program will focus on the ACA requirement that most employers provide all full-time employees (who average 30 or more hours per week) with health coverage that meets federal standards of affordability and minimum value. There is no “one-size-fits-all” compliance model for businesses. This presents both a compliance challenge and a strategic opportunity for in-house counsel. Our panelists will provide sophisticated information on how to take into account factors about your company — including its turnover rate, reliance on part-time employees, vulnerability to union organizing, use of staffing agencies, seasonal fluctuation and systems for tracking hours worked — in choosing a health plan design and coverage options. We will also cover how your company will deal with the new state-based insurance exchanges, as well as new rules on waiting periods and wellness programs. Panelists will answer specific questions on these new requirements and enforcement issues.

In this ACC Guide, an overview of recent developments in post-grant proceedings before the United States Patent Trial and Appeal Board are explained. With relatively new administrative proceedings developed for challenging competitor grants, in-house counsel will need to familiarize themselves with this knowledge to prepare for hearings.

No new laws or regulations have been adopted expanding legal liability to cover caregiver or victims of COVID-19. However, the EEOC’s guidance is a good reminder of what the law requires – and does not require – when addressing employees or applicants who may be caretakers.

Here are the top ten takeaways of what the guidance does and does not do.

This article discusses the EU Council and Parliament September 2023 announcement that they have provisionally agreed to new rules to specifically prohibit certain types of misleading green claims.

The focus on culture has become more acute during the COVID-19 pandemic, as investors and consumers observe and judge companies based on their navigation of the crisis, particularly treatment of employees and wider societal stakeholders. In our view, the global regulatory direction of travel is clear. Companies and investors planning an exit must consider the impact that poor corporate culture may have on their potential to achieve an exit, in particular an IPO, and to prosper as a company in the longer term.

This Wisdom of the Crowd, compiled from questions and responses posted on the New to In-house Law eGroup, addresses an employer issuing a termination notice for breach of contract based on subcontractors failure to meet construction schedules.

Procurement of green energy and associated certificates is at the top of the agenda for many industrials, who are particularly impacted by soaring energy costs and required to meet ambitious ESG and decarbonization goals. As a result, industrial organizations are seeking to obtain all or most of their power from renewable sources.