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.
Learn about the central bank digital currencies ("CBDC") considered by the central banks of several countries.
In this latest Leading Practices Profile, ACC profiles the leading mediation and arbitration practices of two law departments operating in the Asia-Pacific region to learn how they approach alternative dispute resolution efforts. As part of the project, ACC also presents the views of experts and leading ADR organizations that offer alternative dispute resolution services for commercial disputes in the region.
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
Creating a well and resilient in-house legal environment - presentation held in Sydney 29 April 2019.
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 scope of information to be held confidential is remarkably similar for all lawyers, no matter the country you practice in. The real differences are manifested in the exceptions to the duty of confidentiality and the applicability of the duty to in-house lawyers. The exceptions to confidentiality are generally (though not universally) broader in the United States. Do not always assume that US ethics law is the most protective. When it comes to confidential information relating to business crimes or fraud, for example, it often may not be. It is imperative to fully understand and properly analyze confidentiality and choice of law issues where foreign ethics law is involved.
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.
In this multi-jurisdictional guide, explore an overview of key legal issues, rules and developments regarding franchise across a range of jurisdictions.
Innovations in Procurement - presentation held in Sydney 27 June 2017.
This report by the Economist Intelligence Unit was commissioned by CMS. The report "explores the extent to which firms identify intangible assets as trade secrets and implement protective measures to safeguard them accordingly."
Testimony regarding the impact of the McNulty Memorandum on in-house counsel and corporate culture. The McNulty Memorandum addresses the DOJ's policy regarding when prosecutors should charge a corporation.
On April 23, 2024, the U.S. Federal Trade Commission finalized a rule, by a vote of 3-2, abolishing the vast majority of employee covenants not to compete across the United States.
While certain health care providers will be exempted from the rule, many will not. As such, and if the rule survives legal challenge, health care industry participants should carefully consider how the rule will impact their recruitment and retention strategies going forward.
This article addresses the principle of limited liability that has been the central tenet of company law since it was adopted in the United Kingdom, and most countries in continental Europe during the latter half of the 19th century.
It’s hard to envision a medical evaluation without a stethoscope. Invented in 1816, it revolutionized the information-gathering capabilities of doctors. Nowadays, many medical devices contain configurable embedded computer systems. Where there are computers, there are vulnerabilities. Learn more about the cybersecurity risks of medical devices.
In light of UK case law, learn tips on how to enhance your ability to enforce limitations of liability in your standard terms.
IP and Innovation - presentation held in Melbourne 23 May 2017.
This briefing highlights some emerging legal risks associated with hybrid working and considers how employers should plan going forward.
Check out ACC's selection of curated insights, samples and events in the ACC Privacy and Cybersecurity Resource Center
About 85 percent of all corporate espionage incidents involve current or past employees. Use this article to implement your battle plan.
It’s not how you negotiate, but how you reduce negotiations. This program will cover the major issues in technology contracts and practical advice on what you can negotiate with the giants of the IT world. Learn how to work with large and small vendors in collaborating and negotiating common terms that are applicable throughout the industry.
Many of the world’s economies have made significant changes to legislation in recent years. Whether it is Brazil, Canada or<br />Germany seeing increased enforcement action, your company needs to be ready with<br />a global, proactive compliance program.
Across the globe, governments are becoming more skilled and aggressive with enforcement of their anti-corruption and anti-bribery laws. A multinational corporation in today’s world can no longer ignore their exposure to applicable anti-corruption and anti-bribery laws. Now
is the time to conduct a thorough and effective risk assessment of your company. This article discusses the importance of a risk assessment and offers tips to consider when conducting one.
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