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Now that some of the hype and uncertainty around the Protection of Personal Information Act (POPIA) has settled, and data privacy and protection has become an integral part of our personal and professional lives, we can take some time to reflect on some of the aspects of data privacy legislation that are required for organisations to be compliant. No organisation operates in isolation, and organisations generally require some assistance or services from third parties in their day-to-day operations.

Provides a sense of the issues that you need to consider in a document retention policy and discusses the pitfalls associated with any document retention policy (or the absence of one) and some ideas of how to proceed.

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.

This article discusses the rules of cartels, antitrust enforcement, leniency programs, and how to assess whether you are in a high-risk industry. Learn how to manage an internal cartel investigation and limit your exposure in case antitrust authorities accuse your company of participating in a cartel.

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).

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 Wisdom of the Crowd (ACC member discussion) addresses the licensing requirements needed by in-house counsel in the United States desiring to practice law in US states beyond the state in which the corporate office is headquartered. This resource was compiled from questions and responses posted on the forum of the Compliance and Ethics and the New to In-House ACC Networks.

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 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.

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.

STATEMENT OF THE AMERICAN BAR ASSOCIATION
to the
COMMITTEE ON JUDICIARY
of the
UNITED STATES SENATE
concerning its hearing on
"EXAMINING APPROACHES TO CORPORATE FRAUD PROSECUTIONS AND THE ATTORNEY-CLIENT PRIVILEGE UNDER THE MCNULTY MEMORANDUM"


SEPTEMBER 18, 2007

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.

Explore strategies for effective compliance with US sanctions and export controls affecting trade with China.

This article introduces six strategies to expand the legal department's organizational impact.

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 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”).

The United States Securities and Exchange Commission’s (SEC) proposed climate disclosure rule, approved by a 3–1 vote on March 21, 2022, is the agency’s most significant regulatory undertaking in more than a decade. In this resource, learn more about how the decision can impact all domestic registrants and foreign private issuers.