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You're prepared. You've updated your code of conduct, conducted anti-bribery training in multiple languages, and sent messages from your CEO encouraging a culture of integrity and transparency. But the enforcement authorities call anyway. How you handle a bribery investigation can be critical not only to the outcome of the matter, but also to your company's long-term financial health and reputation. This panel will provide guidance for conducting the internal investigation in a multinational setting, working with government agencies around the world, assisting senior staff and board members, and handling public messaging and disclosures. The view is one from the trenches, conducted by in-house attorneys who have managed such matters (and lived to tell about it), and government counsel who have led the charge.

Public- and private-sector institutional purchasers are increasingly procuring “cloud” services. Purchasers are choosing cloud services for the anticipated improvements in efficiency, agility, scalability and cost effectiveness, while not necessarily understanding the impact on their organization’s sustainability performance. In this article, in-house counsel will learn how to identify potential sustainability impacts to migrating to cloud-based services.

This session and the workshop that follows will examine the external and internal factors that affect the longer-term profitability of the organization. Participants will understand the balance sheet, the income statement, and the statement of cash flow. We will also discuss how to identify red flags that signal financial difficulties or accounting problems.

Review of antitrust risk related to competitor collaboration.

Like the tools you keep in your house for small repairs, this panel will provide practical tips for the in-house generalist who must identifyand respond to environmental challenges and advise business leaders cogently while maximizing limited resources. The session will equip you to deal with environmental issues in three principal contexts: transactions – what situations can give rise to environmental liabilities and major environmental issues to consider in contracts, purchases and sales; litigation – causes of action for environmental matters and how to respond to notices of intent to sue, demand letters for compensation for environmental contamination and other situations; and regulation – understanding major US and international regulatory trends and non-governmental organization activity, particularly relating to product stewardship, customer and supply chain issues.

Virtual currency is growing in use and recognition. Major entities, such as Microsoft, are beginning to recognize and accept Bitcoin payments, but most in-house counsel have little familiarity with virtual currency. Learn what it is, how it functions, how it may impact your clients and what domestic and international regulatory and enforcement regimes and issues – including enforcement actions and criminal prosecutions – have arisen from the evolving world of virtual currency. We will explain and explore the answers to these questions and demonstrate a Bitcoin transaction.

Contract management can mean a number of things to a number of people. In many cases they are looking at one stage in the contract life cycle. There is money to be saved at each stage of the life cycle if you have the resources to manage your contracts rather than responding to each. Every point identified in this article will not apply to every contract, but it will give you an idea of the things to consider at each stage of the process.

Part of the 2009 Annual Meeting Program Materials for Session 408.

In this Top Ten, learn tips as to how to organize your data protection practices. Now more than ever, companies are under pressure to create, implement, and maintain effective data protection plans.

This study explores the changing role of the general counsel by documenting its evolution and predicting the skill sets that will be required for future general counsel to be successful. Central themes to this skill set include the ability to place legal issues in a larger business context, embrace risk and make decisions, communicate with business partners in language they can relate to, and work seamlessly with the executive team and the board of directors to make productive decisions about operations and strategy, which has become increasingly global in scope. The report includes an executive summary, key findings, interview excerpts and the methodology.

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 the global legal and regulatory landscape of data privacy, specifically how it relates to the transfer of data across borders.

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.

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.

With the complexity of many legal situations today, the best team to solve the problem may not work in one organization, but across many. This session is designed to help you create and lead a collaborative team with members from competing law firms, consulting groups and non-legal providers. In this session, you will discover how competitive collaboration has led to success for legal department leaders. A team of experts will offer insight and criteria on the type of engagements that lend themselves to this approach; how to get people with competing interests to collaborate effectively; how to deal with conflicts if they arise; and how to plan for seamless delivery and desired results. Case studies, tools and templates will augment the interactive presentation.

Foley & Lardner’s Top Trends for 2024 publication unpacks key developments in an uncertain regulatory landscape.

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.

Hear the latest news and views from current and former ACC leaders about life in the legal industry from the corporate and government perspective. First off, learn firsthand what it’s like to move from being the general counsel of a large corporation to general counsel of one of the largest US government agencies, the Department of Homeland Security. What leadership lessons are transferable from the private sector to the public sector, and how does one successfully navigate the maze "inside the Beltway"? What are the daily challenges, trials and tribulations involved in overseeing over 1,700 attorneys? Next up, participate in an interactive town hall discussion on current events affecting your work today. Key discussion points will touch on cyber-security, disaster preparedness and crisis management, immigration reform, and financial reform. What’s the hot topic of the moment? Who knows, anything could happen.

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.

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.

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 is designed to help a company understand three areas of US law that regulate efforts to influence government decision-making: campaign finance law, lobbying disclosure law, and gift law. In this day and age, a successful company often needs to: (1) participate in selecting those who control government; (2) know what disclosure consequences arise from lobbying government; and (3) avoid nasty pitfalls relating to developing friendships in the government sector. Originally published in September 2009, updated in September 2015.

This is a social media policy for healthcare industry professionals.

This issue contains articles on outsourcing, developments in merger remedies, and the communication of personal information on clientele outside Canada.

What doesn’t kill your review team will make them stronger. Stop relying on document search technology and temporary agencies and take back control of ediscovery. Not only will this eight-step process reduce your costs, but as your review team becomes better informed your litigation strategy will become more effective too.