On 10 September 2020, the Singapore Competition and Consumer Commission (CCCS) issued its final Market Study on E-commerce Platforms. This Study is particularly significant as it not only looks at issues from a competition perspective, but also from a consumer protection perspective, reflecting the CCCS’ clear position as a regulator of both areas.
The assignment of arbitral claims and arbitral awards is a fast-growing market practice. When entering into agreements for such assignments, it is crucial to ensure that they comply with all the applicable legal requirements. In this context, the assignee should carefully assess the risks that may arise out of the award debtor's rights pursuant to the provisions of the law applicable at the seat of arbitration and/or at the place(s) of enforcement of the award. Under French law there is a specific mechanism called the right of "retrait litigieux" ("disputed withdrawal"). In accordance with this singular legal mechanism, which is designed as a tool to fight against speculation, when a disputed claim is assigned to a third party in the course of any judicial or arbitral proceedings, the debtor is entitled to discharge its debt by paying the assignee the actual price of the assignment, plus interest and costs, instead of the full amount of the original debt (article 1699 of the French Civil Code ). As has been seen in the FG Hemisphere v Democratic Republic of the Congo saga, the conditions and requirements for exercising the right of retrait litigieux in the context of assignment of arbitral claims or arbitral awards are uncertain under French law.
In this article regarding US employment laws, learn about the at-will presumption and exceptions to the rule.
This ACC guide provides a Q&A that gives a high level overview of board composition, the comply or explain approach, management rules and authority, directors' duties and liabilities, transactions with directors and conflicts, company meetings, internal controls, accounts and audit, institutional investors and reform proposals in the United States.
January/February 2008: Tools & Solutions for Doing Your Job Better
On Feb. 10, 2013, the Ethics Resource Center (ERC) released its biannual National Business Ethics Survey (NBES). The NBES is the most rigorous measurement of national trends in workplace ethics and compliance, and the most exacting longitudinal cross-sectional research effort in the field. Read the author’s take on the survey report.
The wrap up of ACC's Engaging Your Network program celebrates and profiles the two most successful members.
This article provides an analysis of how the Covid-19 pandemic has impacted companies specifically with so many companies having distributed workforces. In particular, the article examines the difficulties of applying vicarious liability to a distributed workforce, specifically with regards to when data breaches take place.
The following outline is created to serve as an initial checklist for the customer in such an acquisition. The checklist is not intended to, and cannot, be comprehensive with respect to all information technology acquisitions, but rather is an attempt to assist the customer at the outset of a proposed acquisition on issues of general application.
A review of Mexico's new privacy notice guidelines, which impose extensive requirements for furnishing adequate data privacy notices and obtaining consent before personal data is collected directly from a person or electronically via “cookies,” “web beacons” or other automated means.
A brief discussion of the expansion of Brazilian companies into the global market, with particular focus on the government's role in that expansion.
James Nortz explores potential arguments for and against assisting other businesses when they are down, applying ethical considerations and balancing such corporate altruism with your own company's professional goals.
The US False Claims Act (FCA) was enacted during the American Civil War for the purpose of discouraging individuals and corporations from cheating the government. The FCA has been amended several times since then and has been upheld by the courts.
This article was written shortly after the author arrived in the Caucasus Region to handle legal matters for the Bauk-Tbilisi-Ceyhan (BTC) Oil Pipeline running 1700 kilometers from Azerbaijan, through the Republic of Georgia, to Turkey's Mediterranean Coast.
The majority of new companies started in the United States will fail. Some estimates say as many as nine out of every 10 new businesses will fail. This is a staggering statistic! This panel will delve into what in-house counsel need to know if their place of business starts failing. What role does in-house counsel play in sounding the alarm bells and letting others know that bankruptcy may be the best idea? What are the differences between Chapter 7 and Chapter 11 when it comes to a business bankruptcy? What are the disclosure obligations when the company cannot meet current expenses? When and to whom should disclosure be made – board of directors, vendors, employees, regulators? What are the operational issues as insolvency approaches? This panel will discuss what to expect if your company fails, the legal pitfalls to avoid to protect everyone involved, and how involved an in-house lawyer should be in the wind-down process. The panel will also address what in-house counsel need to know when a vendor or customer is going through the bankruptcy process.
This is an example of anti-corruption policy for a smaller organization. An anti-corruption policy should be customized to the needs of the specific organization. The nature of the policy will depend on the specific needs of the organization based on its business and where it operates. The policy below is merely an example and provided for information purposes only and does not constitute legal advice.
This article is designed to provide insights into notable data breaches that took place in Q2 2014 and identify trends with the objective of answering principal questions.
This InfoPAK (now known as an ACC Guide) provides a "question & answer" guide to corporate crime, fraud and investigations in Australia. This guide gives a high level overview of matters relating to corporate fraud, bribery and corruption, insider dealing and market abuse. In addition, it summarizes money laundering and terrorist financing, financial record keeping, due diligence, corporate liability, immunity and leniency, and whistleblowing.
In this ACC Guide, learn about the California Consumer Privacy Act (CCPA), how it compares to the European Union's General Data Protection Regulation (GDPR), and gain key takeaways on how to adapt to these regulatory changes.
This article discusses new Swiss rules on insider dealing and market manipulation entered into force.
This InfoPAK (now known as ACC Guides) provides a high level overview of the lending mark, forms of security over assets, special purpose vehicles in secured lending, quasi-security, negative pledge, guarantees and loan agreements in Australia.
The following article is a primer to help explain the negotiation of a license for customizable software products. This article discusses what to consider as part of the business arrangement, including issues related to product performance and liability, risk sharing, intellectual property matters, and other legal issues. This article is certainly not a substitute for personal advice from in-house counsel geared to the particular matter at hand, but should help lay the groundwork for discussions.
Lawyers from around the world are increasingly using AI technologies to streamline burdensome legal practices. By understanding new and revolutionary uses for artificial intelligence, in-house counsel can implement innovative strategies to permanently transform the modern legal department.
Studies point to the prevalence of depression and addiction in attorneys. In order to cope with the stresses of deadlines and multiple priorities that need attention, secure your oxygen mask first by incorporating healthy mechanisms into your daily routine.
A recent letter from 21 state Attorneys General to various asset managers demonstrates a focus on using antitrust and unfair competition laws to oppose ESG efforts. In this Client Alert, Latham & Watkins attorneys review the major enforcer and congressional statements over the past year that have raised antitrust and competition concerns with ESG initiatives; analyze how the AG Letter reflects a refinement of theories of harm under state and federal competition laws; and provide guidance to entities implementing ESG policies on how to minimize legal risks.
When those two words - Chapter 11 - loom imminently over your company, you may believe that you're well-prepared to press forward. But are you really as ready as you think you are? You will be after reading this article, which highlights the essentials of filing the forms, knowing the details and learning the new perspectives necessary to not only survive, but also succeed during a Chapter 11 proceeding.
Learn the ins and outs of strategic planning and effective metrics development that will help you demonstrate your department’s successes; and Show your boss how you add value to the company’s bottom line and contribute to the mission and strategic goals of your organization.
Show results exclusively from the ACC Resource Library with customizable filters