ACC's Jan/Feb 2017 cover story delves into antitrust sanctions, and how integrating antitrust protocols into company culture can help the business appear trustworthy in the global marketplace.
Read this 2009 Communicator Award-winning column!<br/>The Streisand Effect encapsulates a phenomenon that derives from a case that involved Barbra herself; by attempting to squelch information you can inadvertently make it wildly popular. In-house attorneys have been dealing with the Streisand Effect for years, and the introduction of the internet changed the venue.
This is a sample engagement policy from the perspective of the board of directors.
When it comes to defending a consumer class action suit — for deceptive promotion or false advertising — is expensive settlement the best option? Scores of companies have chosen this course, but another solution that does not involve extensive discovery and lengthy motions exists.
Learn about some of the main developments in climate regulation and the regulatory environment in 2022, and what could come in the future.
This guide provides non-Canadians with an introduction to the laws and regulations that affect the conduct of business in the province of Quebec. Because of Canada’s federal structure, the authority to make laws and regulations is divided between the federal and provincial governments by the Canadian Constitution, although in some areas of divided authority both federal and provincial laws may apply.
This is a sample sales agreement between a hotel and customer.
Recently, European Union officials have called into question the efficacy of the Safe Harbor framework — a practical, cost-effective solution for many companies involving the collection of personal data of EU residents and its transfer to the United States. Although Safe Harbor will likely not be revoked, companies should consider whether alternate data transfer mechanisms can meet their needs.
Practice Resources-October 2006
This InfoPAK is designed to provide corporate counsel with a general overview of compliance training and e-learning programs and to suggest useful practices for the handling of such training in the corporate setting.
Explores how a legal department achieved many of the benefits of a matter management system simply by making more effective use of the technological tools already available.
A fine but definitive line divides the world of insurance policies. On one side, there is the insurer, armed with the legal forces to defray expenses. On the other are the insured, slightly perplexed about the industry's rules of engagement. This article empowers policyholders and offers guidance as to how to persevere when litigation hits.
Attracting qualified professionals and motivating them to give their best are top concerns for today’s corporate legal departments. This InfoPAK offers tips on how in-house counsel can successfully recruit, hire, and manage employees.
Learn how public companies in Canada can structure their board, develop policies and procedures, handle disclosure obligations, and recent corporate governance developments.
Section 307 of the Sarbanes-Oxley Act establishes new standards of professional conduct for attorneys who appear and practice before the SEC in the representation of a public company. Read this article to learn how you can meet your new obligations.
This article discusses the Financial Conduct Authority's Restricted Mass Market Investments customer journey review. The review sets out findings on firms’ compliance with new rules for promotion of high risk investments to retail clients and provides examples of good and poor practice for firms to consider.
This article shows how sending a link is often in compliance with the obligations created by copyright law, while attaching documents or cutting and pasting often is not — but the distinction appears lost on users.
This article provides practical guidance on a number of key issues related to contracting with physicians and other referral sources.
Learn about the UK National Security and Investment Act 2021 allowing the UK government to scrutinize and intervene in acquisitions and investments in order to protect national security.
Read this article to find out several key risk areas that require significant attention by legal counsel before a US or European member of a joint venture in Asia finds it necessary to discuss a break-up, dissolution, restructuring, or buy-out of a joint venture with its foreign partner.
Virtually every business of any size can now internationally source or distribute goods, services, or intellectual property. But only the largest companies have the resources and experience to overcome differences in legal and regulatory regimes, cultural norms, language problems, and currency issues on their own. So smaller companies often turn to an international joint venture (IJV). We examine the advantages and disadvantages of IJVs, including key contract provisions and practical aspects of their structure and operation, as well as common mistakes to avoid.
As in-house counsel, you should assess what technology tools are available and their costs, advantages, and drawbacks. Early assessment and coordination with your litigation counsel and business people are paramount.
The aim of a liquidated damages clause is to specify in advance the indemnification for a party that suffers from a breach of contractual obligations. Non-performance of a contract, without any evidence of actual damage, is grounds for pre-estimated compensation. This clause obviously limits the necessity to seek indemnification in court and is in demand in business contracts. However, if challenged, its efficiency may be greatly reduced by the intervention of a judge who has the power to modify the amount of the compensation determined in the contract. The distinction between liquidated damages and penalty clauses has a greater impact in common law countries than in those influenced by Civil Code tradition. This QuickCounsel assesses several court decisions in various European countries that bring to light these differences.
When corruption or other potential wrongdoing comes to light, in-house counsel are typically called upon to manage and direct their company's response. In this session, contestants" selected from the audience will play a version of the game show “Who Wants to be a Millionaire.” Contestants will be asked multiple-choice questions of increasing difficulty related to the principal stages and elements of a company's response to the discovery of potential wrongdoing. The audience will be encouraged to participate to assist contestants. A panel of experienced outside and in-house counsel will comment on and discuss each of the answers given by contestants and the audience, identifying best practices and pitfalls to avoid.
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