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Remember when associating with some kids at school was enough to be labeled guilty by association? Today, transnational corporations that do business with corrupt foreign partners are faced with a similar, yet much more severe, situation. The DOJ and SEC are aggressively pursuing the slightest indication of FCPA violations. Regardless of whether your company is aware of its partner’s corrupt activity, it can still be held liable. Understand what might put your company at risk and how to prevent it.

This article aims to provide a general overview of the European Union's new regulation (EU) 2022/2554 on digital operational resilience for the financial sector, known as the Digital Operational Resilience Act ("DORA").

Understand how the UK Economic Crime (Transparency and Enforcement) Act 2022 relating to sanctions coming into force in the UK may impact companies' ability to pay dividends or take other corporate actions.

Panelists will review common pitfalls when transacting with foreign governments, including governing law/dispute resolution, tax issues and intellectual property, and will discuss strategies for avoiding those pitfalls.

In-house counsel are often viewed as the “gatekeepers” of corporate misconduct — meaning they can be subjected to civil or criminal liability if disclosure provisions aren’t met. These provisions have become increasingly widespread, encouraging attorneys to report unethical business practices and prioritize the public interest over the interests of the client.

2015 was a record year for M&A, both in volume and the total value of corporate megadeals. Governments around the world have noticed, scrutinizing such deals for anticompetitive practices and reviewing pending and even sometimes completed mergers. This changing regulatory environment has raised the uncertainties and risks of M&A, particularly on the selling side. Mitigate these risks by assessing and evaluating the relevant regulatory landscape and including conditions — such as reverse termination fees, or hell-or-high- water provisions — in purchase agreements.

For mid-level attorneys, cultivating strong working relationships with colleagues and focusing on an area of expertise will benefit you on your way up.

Insider data breaches have been steadily increasing over the years, and company executives have been devoting resources to addressing these threats. But how should the board of directors champion this effort? And how can in-house counsel best educate them on this issue?

Learn about the significant implications (for data users and holders) of the Data Act proposed by the European Commission in February 2022, regarding who can use and access data generated by connected devices.

Can companies collaborate in the interests of environmental sustainability agreements without breaching competition law in the UK? This important question is tackled by draft guidance published by the Competition and Markets Authority (“CMA”) on 28 February 2023 (“guidance”). The guidance sets out the CMA’s proposed approach to how agreements between competitors in relation to environmental sustainability will be assessed and aims to provide businesses with clarity and comfort on the CMA’s enforcement approach to encourage such initiatives to be progressed. The guidance aligns with the important role the CMA considers it has to play in tackling climate change, as noted in a recent statement by the CMA’s CEO on 25 January 2023.

This is a sample hotel and catering contract.

This article summarises the legislative framework for the protection of personally<br />identifiable information (PII).

This CMS e-Guide contains an overview of international arbitration practice and chapters on the law and practice of arbitration in the jurisdictions covered. It is equivalent to Volume I of the printed version of the CMS Guide to Arbitration.

Discuss the impact of global trends on the Canadian landscape, intricacies of relevant rules of professional conduct, and evaluate the exposure to personal liability through recent enforcement actions against corporate counsel.

There are many misconceptions or ‘myths’ about patents that have found their way into popular discourse, ranging from what type of innovations are patentable, to how important it is to own and protect your intellectual property (IP) using patents. This resource addresses five common myths about patents to globally help business leaders and technology managers better separate fact from fiction and make informed decisions to protect investments made in innovation.

COVID-19 has shaken up the healthcare industry in many ways.  Following a downturn in early 2020, merger and acquisition (M&A) activity is expected to return, to support recovery and stabilize post-pandemic operations. This list summarizes ten key considerations specific to healthcare M&A transactions.

Have you ever thought about what advice you’d offer your younger self? The ACC Australia: Women in the House publication profiled ten equally impressive in-house counsel from the Australia and Asia-Pacific region, to understand their career paths and the decisions that led them to their current in-house roles.

There has been significant growth in the number of in-house lawyers in Australia over the past decade, with the in-house profession now representing the fastest growing segment of the Australian legal sector. The ACC Australia Graduate Profile Handbook traces the legal careers of several young ACC Australia members, details how they arrived at their first in-house counsel role, and offers key lessons learnt in these roles. Based on excerpts from the handbook, this article outlines tips and lessons from these graduates’ in-house journey.

In this Top Ten, in-house counsel can brush up on some tips for public speaking at live events and how to prepare yourself (and you team) for event presentations.

Colombia enjoys economic and political stability which, together with a sustained economic growth, has attracted foreign investment to our country. As one of the consequences of this pro-investment climate, Colombia has ratified various free trade agreements (hereinafter “FTA”) with countries such as Canada and Mexico, and more recently, the U.S.-Colombia Free Trade Agreement (hereinafter “US-FTA”) was approved by the United States Congress and signed by the President on October 21st, 2011.

This article discusses issues to consider when evaluating hybrid workplace policies and procedures.

There are many actions that the other party may take during a negotiation that, whether inadvertent or intentional, can serve to delay or derail the process if you don't respond properly. This article contains ten such scenarios, followed by some brief summary comments regarding how you may wish to respond in each instance.

Considering the distinctive aspects of a typical IT outsourcing deal, this article presents a top ten list of tips that you should consider when negotiating IT outsourcing deals, whether as legal counsel for the client or for the IT vendor.

This article outlines ten alternatives to the sometimes lengthy (and costly) litigation process.

This resource contains ten tips for dealing with recruitment-related challenges under Canadian law, and highlights key differences with the US legal system.

Savings is not a strategy. Imagine a CEO opening an earnings call by celebrating the money the company “saved” on deal counsel and due diligence by not moving forward with an otherwise strategically vital acquisition. The stock would crater because leadership would rightly be judged as majoring in the minors.

As a line item, legal spend is a minor consideration. Rather, legal spend is better characterized as a relatively small investment that enables the business to execute on what matters.

Legal spend should be dictated by business needs. Those business needs are only escalating with the explosion in legal complexity. The increasingly law-thick environment in which businesses operate is having a profound impact on corporate top lines, bottom lines, valuations, and strategic opportunities. Trying to save money on legal is myopic—and excruciatingly common.

This Top Ten sets forth ten questions that a company purchasing cloud services should ask the service provider when negotiating fees for a cloud services agreement.

This short article explains what types of licensing and procedures are required under Brazilian law in order to exploit natural resources, and the competence of each of Brazil's federative entities to issue licenses.