The FTC will not hesitate to pursue companies that fail to implement reasonable security standards into their technology development cycle. This article reviews recent FTC settlements and offers in-house counsel and compliance officers some practical guidance on things to do to prevent an FTC investigation in their respective companies.
In January 2023, the UK's Competition and Markets Authority (CMA) published its much awaited consultation on its Draft Guidance on Horizontal Agreements. The CMA clearly indicated that it proposes to take advantage of its post-Brexit freedom and to depart from the position on this issue taken by the European Commission as set out in its Draft Guidance on Horizontal Agreements, and to take a more radical and permissive approach to the role competition law has to play in supporting environmental sustainability initiatives.
On 16 December 2022, the Financial Conduct Authority (FCA) published a notice confirming the Collective Investment Schemes (Individually Recognised Overseas Schemes and Miscellaneous Amendments) Instrument 2022 ("CIS 2022") became effective 1 January 2023. CIS 2022 introduces changes to the ‘s272 regime’ contained in Financial Services and Markets Act 2000 (“FSMA”) for recognising overseas collective investment funds. The Collective Investment Schemes sourcebook (“COLL”), the Decision Procedure and Penalties manual (“DEPP”) and the Glossary of definitions of the FCA Handbook are amended.
This Risk Alert provides summary observations from OCIE’s examinations of registered broker-dealers and investment advisers, conducted under the Cybersecurity Examination Initiative, announced April 15, 2014.
Until recently, document retention policies and advice by in-house counsel on their application were hardly front-page news. The unfolding events in the Enron/Andersen story illustrate how document retention policies and advice by in-house counsel concerning their application can become the subject of intense scrutiny if the destruction of documents and advice on the destruction occur when government investigations and litigation are either threatened or pending.
This brief overview (Quick Counsel) describes common mistakes customers and service providers make, and should be aware of, when negotiating cloud services agreements (but is not meant to be an exhaustive list).
Five years into the highly touted DuPont Legal Model and its Convergence Program, DuPont’s primary law firms (PLFs) and suppliers reflect upon their experiences in working under the program.
Regulatory compliance continues to be a key issue for US energy companies. With an ever-changing regulatory landscape and stepped-up enforcement in some areas, it is more important than ever for in-house counsel to ensure proactive compliance with the various regulations governing the energy industry. This panel will provide timely updates, best practices, and advice from the experts on North American Electric Reliability Corporation, US Federal Energy Regulatory Commission, and US Commodity Futures Trading Commission compliance.
In global business, pace, demand and innovation are constantly increasing. This is pushing in-house lawyers to be more flexible and engaged. In this article, your legal team can learn how to build a focused department and deliver value to your company.
Three Party Escrow Service Agreement for the United Kingdom
Newly elected chair of ACC's Board of Directors, Anneliese Reinhold, shares her commitment to ACC's global expansion and Seat at the Table initiative.
Tools & Solutions for Doing Your Job Better in November 2007
This is a sample company privacy policy.
Explore strategies for effective compliance with US sanctions and export controls affecting trade with China.
Discusses how to maintain a company's financial integrity in a time of crisis by developing a strong FCPA compliance system, and analyzes the case of Monsanto Company that demonstrates how a company can use its financial predicament to ultimately build a best practices compliance program centered around meeting, and at times even exceeding, their legal obligations.
This article introduces six strategies to expand the legal department's organizational impact.
Learn about Dubai's new regulation of virtual assets, Law No. 4 of 2022 on the Regulation of Virtual Assets in the Emirate of Dubai (the “RVA”).
This InfoPAK (now known as ACC Guides) provides a practical guide of data protection rules and principles, right to access personal data or object to its collection in Switzerland.
There’s plenty of opportunity for commercial entities to capitalize on the benefits of open source software. Experts predict that within four years, more than 80 percent of all commercial software will contain open source components. Are you, as a key player in your company’s legal department, familiar with the pitfalls associated with its uncontrolled use?
Some things are best left for others to figure out for themselves. Law is probably not one of them. The real question is how to teach someone, especially adult learners, this challenging discipline. Study a number of teaching methods, understand the different types of students and learn to successfully impart your wisdom onto others.
You miss the Socratic method of teaching that you endured during law school so much that you replicate it when teaching your clients (your organization’s employees). That could be a big mistake! Before you hop on this familiar bandwagon, let us explore some other teaching techniques that may serve your clients better.
Learn about the UK government's plans to formulate and improve right and opportunities for ethnic minorities in the United Kingdom.
In this ACC Guide, learn the components of an effective records management program, and the steps required to execute a schedule once developed. This ACC Guide presents global strategies for the in-house counsel or other team members tasked with starting, updating modernizing, or simply improving their company’s records management program.
The EU AI Act is hotly anticipated as being a benchmark AI law that other jurisdictions might look towards when developing their own laws (much like GDPR has become a standard upon which some other countries’ own laws are based). First, much like the GDPR in terms of impact, the EU AI Act will have an extra-territorial scope, extending to providers and users of AI outside the EU where the output is used in the EU. Secondly, the Act does lay down fixed penalties for certain infringements of the Act, the highest fine being 30,000,000 EUR or 6% of a company’s total worldwide annual turnover (3% in the case of an SME or start-up) for non-compliance with the prohibitions of AI practices.
This article examines, from an English law perspective, the legal issues you need to be familiar with whether you are engaged in data scraping (either directly or through a third party), or if you are concerned that your content is being scraped and exploited without your consent.
Good business and good lawyering is more than just about making money. In this article, in-house counsel can learn about a peculiar start-up and how they made their mission a success.
Learn how the in-house team now holds the key to driving change to value focused engagement models.
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