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In the area of mergers and acquisitions, trade secrets can provide unique challenges to the due diligence team evaluating the target company. An early understanding of the key players, the buyer’s intended uses of the<br />trade secrets, and the seller’s policies and positions regarding them, is fundamental to structuring the correct questions to undertake a thorough and informative<br />due diligence process. A thorough process can inform the economics of the deal, identify any third party risks and even minimize the opportunities for post-acquisition misappropriation of trade secrets.
Getting the Deal Through is delighted to publish the ninth edition of Arbitration, a volume in our series of annual reports, which provide international analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners and business people.
805 Outside Counsel Relations: The Basics. Advice on selecting counsel, retainer agreements, managing outside counsel, the value of extranets, and more!
Learn about key trends to watch in privacy and data protection in New Zealand in 2023.
In spite of the close economic relationship between the United States and Canada, there are a number of cases every year in which US companies have broken Canadian law, largely due to misunderstandings about those significant differences between the US and Canadian legal systems. This article discusses the need to strategically plan in advance as a means of avoiding such misconceptions and mistakes.
In this multi-jurisdictional guide, explore an overview of key legal issues, rules and developments regarding Financial Services disputes across a range of jurisdictions.
This top ten list addresses certain issues when managing employee social media use in the United States.
This InfoPAK (now known as ACC Guides) gives a succinct overview of restraints of trade, monopolies and abuses of market power in Australia.
This InfoPAK (now known as ACC Guides) provides a high-level overview on private acquisitions law and practice in Brazil.
This article discusses whether the OFCCP - the agency charged with enforcing the federal affirmative action regulations - regulations cover your company and can help you reduce or eliminate problem areas before the OFCCP becomes involved.
This checklist presents key steps to consider regarding information security incidents.
In this article key questions are answered by leading practitioners regarding Cartel regulation in Italy.
This brief article reviews regulations applicable to crowd-funding in France, the United Kingdom, and Italy, with some discussion of the practical application of the rules.
This article highlights issues in Australia pertaining to short-term rental accommodations (such as Airbnb). The short-term rental industry has obviously taken hits during the pandemic. However, the Fair Trading Amendment (Short-term Rental Accommodation) Act 2018 No 41 was enacted on 10 April 2020 in order to address the short-term rental concerns.
This InfoPAK (now known as ACC Guides) provides a Q&A that gives a high level overview of the main trends and significant deals in Saudi Arabian construction plans.
This InfoPAK guides the in-house practitioner on how to establish a corporate compliance and ethics program. It begins by outlining the primary corporate legal obligations and requirements, focusing on the Federal Sentencing Guidelines, Dodd-Frank and Sarbanes-Oxley, and then delineates the fundamental elements of an effective compliance program, focusing on how to maximize the potential of your compliance program. Finally, it discusses effective training and enforcement once the program is implemented, and offers numerous additional resources, including sample forms and policies and a Model Code of Conduct at the end.
ABA letter to the US Sentencing Commission regarding waiver of attorney-client privilege.
Overview of Knowledge Management as a discipline, with case studies showing applications in pricing and process improvement, and suggestions and case study applications for collaboration within departments and when partnering with law firms. From ACC Value Challenge workshop, Legal Service Management, July 2010: www.acc.com/legalservicemanagement
US-centric techniques are not always effective in achieving the desired results of cross-border negotiations. Americans can underestimate the impact of personal relationships upon the outcome of a proposed deal, for example, or can inadvertently generate negativity by insisting upon the inclusion of complex contracting and dispute resolution provisions. But how do you persuade your partner that a handshake just isn’t enough? This panel will discuss effective techniques for bridging cultural gaps in international negotiations.
In parallel to the handling of legal cases in daily operations, every legal department has knowledge management on the top of its agenda. In an international legal department, an accurate response tailored to the company needs may make the difference between success and failure, noting the difference in needs and resources between small and large departments that are centrally or internationally located. These aspects will be elaborated and opinions will be exchanged in an interactive workshop that will bring new ideas and practical solutions to in-house lawyers.
Overview of the evolution of project management into legal project management, samples of project management tools, and an inventory of over 75 “off-the shelf” project management software options (with provider, price, platform and brief descriptions). From ACC Value Challenge workshop, Legal Service Management, July 2010: www.acc.com/legalservicemanagement
This case law is on the issue of whether the equitable defenses of laches should apply in this case to bar the recovery of any pre-filing damages for infringement that NexTag might owe LendingTree and whether LendingTree should be equitably estopped from obtaining any relief on its infringement claims against NexTag.
This article was written after a mini roundtable where participants answered questions regarding D&O insurance for privately held companies, private equity and non-profits.
"the "Getting the Deal Through" reference guide for M&A professionals"
The 2016 Top 30-Somethings represent the best characteristics of ACC members. They all are trailblazers in their own ways -- lending helping hands to the business, others in the in-house community, and to their individual communities as a whole.
After more than fifty years, Civil Law in Hungary will be completely rewritten by the New Civil Code that will come into effect this year on the 15th of March. Several areas of law that have formerly been regulated in separate acts will now be incorporated into the new Code. These areas of law include family law, company law, as well as the law regarding civic organizations. Critics say that the new law sacrifices too much for dogmatic integrity and disassembles the unity of corporate law by extending current provisions for companies to all legal entities which will result, in many cases, in incomplete, inconsequent or redundant regulation. On the other hand, the concept of the new law is to provide more freedom to contracting parties. The present article seeks to summarize the ten most important matters that will have the largest influence on businesses.
Companies facing claims under the US False Claims Act ("FCA") frequently possess employment practices liability insurance ("EPL") claims to cover losses arising from the whistleblower's alleged wrongful or retaliatory termination. In this quick overview, learn about EPL coverage and common related insurance issues.
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