This is a sample code of conduct and ethics policy for employees and directors.
This InfoPAK (now known as ACC Guides) provides a high-level overview on private acquisitions law and practice in the United Kingdom.
Throughout your career, you'll undertake a variety of roles from team member to C-suite leader. Cultivating these traits will help you thrive in each one.
Non-compete agreements are almost an essential part of today’s business environment composed of a mobile workforce with easily accessible and transportable data. Multinational employers face the added challenge of ensuring that restrictive covenants (i.e., non-compete, non-solicitation and confidentiality agreements) will be enforceable in the United States, Asia and Europe. The legal standards governing the enforceability of non-compete agreements vary around the world, but nevertheless, common principles can help guide employers in drafting and enforcing global restrictive covenants. Authoritative in-house and outside employment attorneys from around the world will provide cutting edge suggestions for multinational employers to draft restrictive covenants that should greatly increase their effectiveness and enforceability in Asia and Europe. The panel will also compare and contrast the non-compete laws in Asian and European countries against US restrictive covenant laws.
The US Supreme Court has long been skeptical of novel proposals by federal agencies to address issues of vast economic and political significance. In West Virginia v. EPA, the Court made clear that its past cases reviewing novel applications and interpretations of agency powers do constitute an identifiable “doctrine” for application by courts going forward. When an administrative agency makes a “major policy decision,” it must have “clear congressional authorization” to do so. This case may represent one of the Supreme Court’s most significant administrative law decisions since Chevron U.S.A. Inc. v. Natural Resources Defense Council in 1984.
Breaches of patient privacy/security are considered the number one risk for liability in the healthcare industry today. Control over patient information in today’s society is becoming ever increasingly difficult with the expanding use of electronic health records, personal health records and social media, plus the advent of Health Information Exchanges. Outsourcing of healthcare operations provides additional risk, especially the enforceability of patient privacy/security law when patient information is sent outside the US. Unfavorable media, government enforcement, class action litigation and identity theft all pose a constant concern to in-house counsel, and vendors themselves are now at greater risk of liability with penalties now imposed on business associates. This panel will provide an overview of the principal federal laws & regulations concerning privacy/security (HIPAA/HITECH/Red Flags), their interaction with select state laws, international laws (EU Data Protection), and practical ways to minimize risk and keep patient information private and secure.
In four separate decisions, the US Court of Appeals for the Federal Circuit (CAFC) either affirmed findings of non-infringement or reversed findings of infringement. This article reports on those decisions, and specifically the issue of patent infringement and the importance of claim construction.
Tips from ACC's past chairman of the board on raising the mundane label of compliance to the elevated status of exemplary corporate behavior.
Litigation, in particular, is an area in which most of us have to rely on outside counsel to help shoulder the workload. How do you keep costs down without sacrificing quality? How do you and your outside partners plan and budget for situations that are inherently difficult to predict? The answer is that you can’t, completely, but the first step is making sure that your relationship with your outside firms is solid.
Hear from founders and current leaders on why ACCA was founded, what we've accomplished, and the new challenges yet to tackle.
This Opinion analyses the criteria set down in Article 7 of Directive 95/46/EC for making data processing legitimate. Focusing on the legitimate interests of the controller, it provides guidance on how to apply Article 7(f) under the current legal framework and makes recommendations for future improvements.
In this article, explore three clusters building on the 1980 Organisation for Economic Co-operation and Development (OECD) Privacy Principles: protection and security, accountability, rights and responsibilities for using personal data. This document captures some of the key outcomes of the dialogue.
In this article, in-house counsel can learn more about investing in businesses based in Australia and developing commercial relationships. This resource was published by Meritas in May 2019.
The European Union has approved a new framework for transferring personal data between Europe and the US. This is a major development that could resolve the current legal limbo for transatlantic data transfers.
This is a sample Indemnification Agreement under which, in consideration for the manufacture and sale of a product, the purchasing company agrees to indemnify its supplier against claims of patent infringement relating to UK and US patents.
This publication focuses on pivotal legal and regulatory developments in and affecting Hong Kong and the region over the past year, and highlight what to watch out for in the coming lunar Year of the Rabbit.
Check out this resource developed by Foley & Lardner LLP that focuses on the top seventeen trends for the health & life sciences sector in 2022.
I am happy to report that there have been some exciting developments recently in the advocacy area. Last year, ACC conducted a survey of its membership documenting corporate clients’ experience with privilege erosion, which indicated that this was growing into a major problem. The US Sentencing Commission (USSC), concerned by these initial results, asked ACC to delve deeper into the issue. So in January, ACC conducted a second survey that confirmed a widespread “culture of waiver” within government prosecutorial and enforcement contexts.
This Wisdom of the Crowd (ACC member discussion) addresses how to protect privileged information in internal email communication, under US law. This resource was compiled from questions and responses posted on the community of the New to In-house Network.*
By using this LOI, a foreign investor can outline its intention to purchase all or part of the registered capital in a domestic Chinese company that is not listed and may have subsidiaries. An LOI is also often referred to as a heads of terms, term sheet or memorandum of understanding. The LOI China is drafted for a single buyer and a single seller. It includes legally binding provisions relating to the exclusivity of negotiations and costs, and assumes that a confidentiality agreement has already been entered into. It has been drafted from the perspective of the foreign buyer and assumes that Chinese law applies.
Jim Villa’s curriculum vitae makes a statement. He served as AOL’s vice president and chief counsel for litigation and antitrust, worked as a trial attorney for the Department of Justice, spent years at well-known DC law firms, holds undergraduate and law degrees from the University of Michigan and was a captain in the US Army Reserves, having commanded a combat support MP company in Operations Desert Shield and Desert Storm.
In-house counsel should be prepared to address each patent licensing and indemnification case with their best legal foot forward. But is there a way to get an early heads-up to better assess the scope of possible infringement threats?
A panel comprised of Supreme Court experts will highlight current key issues and cases for the U.S. Supreme Court. Join these esteemed faculty as they delve into significant legal topics that are relevant across the spectrum of in-house lawyers.
Employers today in the United States offer a robust menu of employee benefits, many subsidized heavily under US federal and state tax laws. But these subsidies often come with many strings attached.
The purpose of this ACC guide (InfoPAK) is to provide a summary of law governing covenants not to compete in each US state. It is organized by state and discusses the most important factors to consider when drafting a covenant not to compete, including guidance regarding commonly-occurring contract issues, and factors courts consider when analyzing a covenant not to compete.
This InfoPAKSM is organized by state and discusses the most important factors to consider when drafting a covenant not to compete.
NEW YORK – U.S. Deputy Attorney General Paul J. McNulty announced today during a speech at a meeting of the Lawyers for Civil Justice in New York that the Department of Justice is revising its corporate charging guidelines for federal prosecutors throughout the country.
This paper synthesizes the existing guidance from the U.S. Equal Employment Opportunity Commission (EEOC) and case law on leave as an accommodation, to provide insights, direction, and best practice suggestions for managing ADA leave of absence obligations.
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