In an era where music is becoming an openly shared commodity, the fate of music sampling — or the process of incorporating old songs into new recordings — has never been more uncertain. Starting in the early 1990s, the legality behind sampling practices changed dramatically, as material that was once freely repurposed became protected under the threat of copyright infringement. By chronicling this growth, in-house counsel can better understand how the tune changed along the way.
This InfoPAK addresses United States laws imposing export controls and economic and trade sanctions. These laws and their implementing regulations can present unique challenges to businesses, as they are complex and often, can be counter-intuitive to the business person. Nevertheless, U.S. government enforcement agencies expect companies to know the rules governing cross-border commerce. Further, an increasing number of companies are being held accountable for violations of these laws and regulations and are receiving ever-increasing
penalties.
Effective support of a company’s sales function requires striking the right balance between making it easy and efficient for the company and its customers to contract with each other, while appropriately protecting the company against key risks. Legal departments are required to do more with less, so the approach taken to supporting the sales function must be efficient. The panelists will discuss strategies for achieving these goals, including identification of different customer types and approaches for each type, clear identification of key risks and tolerances, contract simplification and the use of plain English, sales force training and self-help tools, and processes to streamline the collection of information, drafting, negotiation, authorization and tracking of contracts.
This sample checklist walks in-house counsel through the Intellectual Property (IP) due diligence process, in preparation for negotiating the asset purchase agreement.
To do our jobs as in-house counsel well, ACC Chair Simon Fish stresses that we must keep up with trends within the global business community, especially those tied to evolving legislation and technology.
The ACC Guide addresses a variety of methods for increasing value by improving relationships with outside counsel.
In today’s competitive global economy, in-house counsel are under constant pressure to deliver increased value to the client. This InfoPAK addresses a variety of methods for increasing value by improving relationships with outside counsel. It begins by outlining the steps that in-house counsel should take before retaining outside counsel, including setting goals and defining value, creating a strategic plan, and structuring operations to achieve success. The InfoPAK then examines the steps to take after a matter requiring outside counsel arises, including determining the scope of work required, choosing the right firm and fee-structure to maximize value to the client, managing the matter as it progresses, and evaluating performance once the matter is resolved.
Five years ago, the DuPont Legal Model was a concept. Today it is a reality that has changed the company’s practice of law in a global, market-driven economy. Like the rest of the corporation, DuPont’s legal practice is managed to make money, not prove principles. Thomas Sager, of DuPont, explains how the model has brought DuPont’s legal department prominence as a leader of the survivors of the tumultuous nineties.
This article discusses global labor practices, which are under increasing scrutiny as pressures grow on businesses to address human rights in their operations and supply chains. This article breaks down practical application for businesses and highlights nations that have already implemented due diligence laws.
China does not yet have a comprehensive law or regulation for personal information protection. In 2008, the Chinese Academy of Social Sciences submitted a draft Personal Information Protection Law to the State Council for consideration, but no further action on it has been reported. Learn more about the implications of this as China continues to take a piecemeal approach to personal data protection.
Successful boards are the result of aligned expectations, laser-like focus and the right committee architecture and operation. The work of board committees should not be underestimated in this equation. Impactful boards do not happen without them. The work that the board committees conduct between meetings serves as a springboard for policy decision-making. Learn about the 10 actions an organization can take to build and operate effective committees.
Kate Duchene, CLO and executive vice president, human resources of Resources Global Professionals, discusses fostering a team-oriented environment and promoting ethical behavior, while coping with current regulations.
Whether the expense of an environmental consultant is a defense cost which, like other defense expenses, is recoverable as incurred, or an indemnity cost, recoverable only at the end of coverage litigation, is one of the most significant issues in environmental insurance coverage litigation today. By carefully planning, tracking, and describing such expenditures, policyholders can help maximize the chance that they will be recoverable as defense costs and thus get the most from insurance coverage.
This "How To" resource can help guide a legal department moving from predominantly hourly billing to alternative billing scenarios - with goals, planning, types, and key considerations.
Coaching has made a powerful impact on this lawyer’s career development—and it could do the same for you.
This InfoPAK (now known as ACC Guides) provides a high level overview of matters relating to practical issues concerning oil and gas and power including, the domestic oil and gas and electricity sectors, rights to oil and gas, electricity generation and renewable energy, oil and gas health and safety and the environment, and electricity transmission, distribution and supply in the United States.
Reactive law departments respond ad hoc to requests and handle emergencies as they crop up. Proactive departments have processes, tools and cultural behaviors in place to deal with incoming requests efficiently, and thus are better able to strategically manage risk. Learn more about what how legal departments can stop constantly putting out fires and become proactive business partners.
Last year, a Dallas federal jury cleared US billionaire entrepreneur Mark Cuban of allegations of insider trading. His trial lawyer and long-time counsel explain what made the case resonate with the jury. Among other things, jury research and selection play a critical role in any high-stakes trial.
Many executives rank data growth as one of their top business challenges. Organizations are now facing the reality that their existing systems for managing information are no longer working. A different approach to information management is necessary considering that our information-driven world is one of heightened compliance requirements coupled with reduced control over information. This article suggests that by adopting an evolved standard of reasonableness, this challenge can be met.
Most companies create and store audio data. In the event of an investigation, audio evidence can be extremely compelling and can make or break a case. Organizations should recognize the risks and requirements associated with audio data. Because audio files pose unique discovery challenges, read this article to learn the best practices for handling audio evidence.
A company that does not own its innovations cannot get paid the premium it deserves for the value it brings to its customers. Implementing a culture of getting paid for innovations needs to happen at all levels, and management should support this culture from the top down. Also, legal counsel must be well versed in IP ownership issues and risks, and be creative in resolving difficult issues as they arise. This article discusses how a company can support and grow its intellectual property.
It’s a case for which no company stakeholder ever wants to go to trial: the corporate veil has been pierced, and your executive might be found personally guilty for the wrongdoing of the company. This article explores what corporations can do to protect themselves from this oft-seen type of litigation.
ABA letter to state bar leaders regarding attorney-client privilege and work product policies promoted in the "Holder Memo" and "Thompson Memo".
A sample policy for directing employees, customers and partners in proper trademark usage.
In this multi-jurisdictional guide, explore an overview of key legal issues, rules and developments regarding corporate tax across a range of jurisdictions.
Some topics covered include the macro-economic factors caused by the war in Ukraine, the associated global inflation, and the remaining pressure on the capacity of tax administrations.
Show results exclusively from the ACC Resource Library with customizable filters