Companies need to make their clients, colleagues and customers feel that their information is private and secure. That's just good business. But instituting relevant privacy policies and implementing new technologies is just the tip of the data security iceberg. Risk assessments, when performed regularly, are also a critical component to ensuring the effectiveness of a privacy compliance program.
This article outlines under which conditions a purchase agreement can be dissolved under Dutch law.
Get an overview of how to start a pro bono program in your legal department or ACC chapter through guidance and best practices; and learn of specific opportunities available to in-house pro bono programs, no matter the size of the ACC chapter or legal department.
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").
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.
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.
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?
Learn tips for adapting to the new standard contractual clauses adopted by the European Commission on June 7, 2021, for international transfers of data.
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.
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.
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.
This article summarises the legislative framework for the protection of personally<br />identifiable information (PII).
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