This Quick Counsel provides a high level overview of key aspects of Australian contract law for those doing business in Australia or entering into contracts governed by Australian law.
Recently, European Union officials have called into question the efficacy of the Safe Harbor framework — a practical, cost-effective solution for many companies involving the collection of personal data of EU residents and its transfer to the United States. Although Safe Harbor will likely not be revoked, companies should consider whether alternate data transfer mechanisms can meet their needs.
This article provides an in-depth look at data privacy in the modern world. Specifically, it states that data privacy statutes, the Australian Competition and Consumer Commission's (ACCC’s) Digital Platform Inquiry’s recommendations, and General Data Protection Regulation (GDPR) are insufficient to address issues with data privacy. However, it stresses the need to redraft statutes to protect the rights and interests of individual humans to live without the risk of “excessive intrusion” in order to ameliorate problems with data privacy.
What’s the difference between an employee and an independent contractor? Answer incorrectly and prepare for the consequences — from tax evasion to wage violations, or even incarceration. Learn the 10 steps to avoid misclassifying your employees as contractors, and vice versa.
Many in-house counsel are deciding that an ideal relationship with outside counsel involves a long-lasting commitment to partnership and collaboration, to understanding each other's interests and goals, to open communication and to pursuing new strategies. Read this article and learn how to establish outside counsel partnerships based on trust.
This resource provides an overview of basic aspects of Colombian law.
Due to the recession and a growth in electronic data, corporations are investing in key legal professionals who develop corporate-wide ediscovery strategies. Records management programs and data mapping analyses cut costs and ensure defensibility. Read this article and rediscover ediscovery.
The coronavirus pandemic, the U.S.-China trade war, and the war in Ukraine have accelerated the transformation of the world's global supply chains. These developments have prompted organizations to search for a closer, more reliable supply chain that is less dependent on transoceanic transportation. This article discusses considerations for foreign companies choosing Mexico as a nearshoring option.
The chaos of a merger or acquisition demands decisive action, even after it seems completed. Try these preemptive strategies.
Getting the Deal Through is delighted to<br />publish the ninth edition of Arbitration, a<br />volume in our series of annual reports,<br />which provide international analysis in<br />key areas of law and policy for corporate<br />counsel, cross-border legal practitioners and<br />business people.
This short article discusses regulatory changes in Brazil implemented in 2013 that made it easier to invest in small and medium-sized companies.
This Report provides an analysis of corruption within the EU’s Member States and of the steps taken to prevent and fight it. It aims to launch a debate involving the Commission, Member States, the European Parliament and other stakeholders, to assist the anti-corruption work and to identify ways in which the European dimension can help.
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.
This guide provides a legal overview for companies doing business in Kentucky (United States).
When a company decides to expand internationally, ensuring compliance with local legislation can become a nightmare issue for the Ethics and Compliance Office. If the budget to build a new program is approved, the first thing to consider: What is at the heart of an effective compliance program? The US Federal Sentencing Guidelines (USFSG) offer a seven-element outline. Learn more about the USFSG guidelines so that your company’s global development is a dream, not a nightmare.
Practice Resources (April 2007)
This QuickCounsel is a comprehensive guide that clearly defines what constitutes workplace bullying - and outlines how employers should respond to it.
Developing technologies and our increasingly mobile and global society enhance the logistical ease and potential benefits of multi-jurisdictional practice. However, inconsistent licensing and unauthorized practice of law rules and the fundamental need to protect privilege and privacy may limit its usefulness and efficiency. In this session, in-house counsel from organizations with multi-jurisdictional presence will share ideas about how their companies and others might use available technology to better leverage resources across jurisdictions. Just as importantly, they will identify some potential pitfalls — ethical and otherwise — to help participants understand the practical and legal parameters of such practices involving MRCP 5.5.
Congratulations, you have been offered a fantastic new career opportunity. Now it’s time for you to decide whether to make the vertical leap to a leadership role in an in-house legal department. Here’s what you need to consider.
This is a supplemental presentation for this session.
The 2012 amendments to the American Bar Association Rules amended the comments to Rule 1.1 to say: "A lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology." What does the change mean for attorneys in general and specifically in-house counsel? What technology is out there that in-house counsel can use to more efficiently run their departments? This interactive roundtable session will focus not only on the potential ethical implications of technology but on how the legal department can work with the IT manager or chief information officer to cooperatively achieve results in the areas of litigation holds, data security, review of IT-related contracts, document retention, and internal investigations. Faculty will provide guidance on explaining the contract terms and legal risks to your IT department and answer important questions like: What questions do I need to ask my IT department to properly evaluate the risks and contract terms? What happens if the product or service does not perform as expected? The panel will also examine everything from apps that improve efficiency to document management system tools that help with litigation.
Eighth edition of the Getting the Deal Through Anti-Corruption Regulation Guide, a volume that provides international analysis for corporate counsel, cross-border legal practitioners and business people.
Investment in China has surged, particularly into the booming and reforming metropolis of Shanghai, drawn by a cost-effective workforce and a growing market. But U.S. investors still encounter legal difficulties when establishing, operating, and exiting from a China presence. Hong Kong has recently suffered from high costs and labor skill shortfalls and faces competition from Shanghai to be the leading center of business and finance in "Greater China." This article shows you how to help your company address these changes and reduce taxes through a regional structure of investments and operations by cherry-picking advantages from each city.
If you're not general counsel to a mutual fund, chances are that you’re not fully versed in the Investment Company Act of 1940. However, chances are that you do work for an operating company that has investments. Not understanding the far reach of this Act can cause trouble for companies. Read on to find out what exactly is an inadvertent investment company and how to keep your company from becoming one.
Overview of some of the issues related to the use of social media by employees. Includes a review of instances where employees misuse social media, the consequences of employer reaction, and the development of social media policies.
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