This article provides an overview of key issues that in-house or external counsel to a start-up company or smaller business should consider and address in advance of capital raising activities.
This brief guide provides high level frameworks of the operational environment, data-driven insights into law department priorities, and suggestions for continual learning to get new in-house counsel up to speed quickly.
In 2021, in the context of the common agricultural policy reform 2023-2027, the European Parliament and the Council of the European Union adopted a new exemption from competition rules for certain agricultural products. Specifically, Article 210a of Regulation 1308/2013 establishing a common organisation of the markets in agricultural products (“CMO Regulation”) introduced an exclusion from the prohibition against anti-competitive agreements (or “cartels”) for certain restrictive agreements in the agricultural sector when those agreements are indispensable to achieve sustainability standards. In this latest development, on 10 January 2023, the European Commission (“Commission”) published for consultation its draft guidelines on how this exclusion should apply. The Guidelines seek to clarify how operators active in the agri-food sector can design joint sustainability initiatives in line with Article 210a.
Due to their unique properties, many products and manufacturing processes are dependent on “conflict minerals” found in the Democratic republic of the Congo. However, armed groups are using the profits from the sale of such minerals to fund local conflicts. To avoid supporting human rights violations, the SEC has developed a set of due diligence and disclosure requirements for companies to follow.
This InfoPAK (now known as ACC Guides) gives a succinct overview of merger control, regulatory framework and regulatory authorities in China.
This is a social media policy for healthcare industry professionals.
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 This important question is tackled by draft guidance published by the Competition and Markets Authority (“CMA”) on 28 February 2023 (“guidance”).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.
The author discusses new innovations in software-generated text and how current and future attorneys can remain relevant to their clients.
It's been on the implementation fast track for the past three years. Now, e-billing is almost as standard to law department technology as the computer itself. With all of the buzz surrounding it, what can users expect from this technological goldmine?
This Wisdom of the Crowd, compiled from responses posted on the Intellectual Property and Small Law Department eGroups, addresses issues arising from contract clauses granting Buyer a license to use products he/she bought.
With more and more employees filing discrimination allegations - and following the passing of significant employment laws and regulations - in-house counsel need to be proactive. Learn 10 tried and true strategies for avoiding employment-related litigation.
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.
Learn tips for adapting to the new standard contractual clauses adopted by the European Commission on June 7, 2021, for international transfers of data.
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?
This is a sample hotel and catering contract.
In this article, learn key India M&A trends from 2021, the factors impacting deal-making activity, and the 2022 M&A outlook.
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.
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