Under the Federal Rules of Civil Procedure, it is fundamental that a party may seek documents that are in the opposing party’s “possession, custody or control.” The same or similar standards are reflected in most state civil procedure rules. The corollary to these rules is that to avoid claims of spoliation and the severe sanctions that may follow, a party is obligated to ensure such records are preserved when litigation is reasonably anticipated.
This InfoPAK (now known as ACC Guides) gives a succinct overview of restraints of trade, monopolies and abuses of market power in Australia.
This InfoPAK (now known as ACC Guides) provides a high-level overview on private acquisitions law and practice in Brazil.
The greatest pleasure, and the greatest challenge, of being a privacy lawyer is the need to be both an ethicist ‰Š,,and a pragmatist. Oftentimes we find ourselves advising companies not just on what is the legal thing to do, but what is the right thing to do (and, no, the two aren’t always one and the same); while, on other occasions, our impediments presented by the law.
“Risk management” has just been added to your job description. Surprised? In today’s corporate environment, understanding how to identify, analyze and mitigate risk is essential for any in-house counsel. Learn the basics and check out the example using compliance with the US Health Insurance Portability and Accountability Act ("HIPAA").
Rebecca Arvizu, senior counsel of Legal and Business Affairs for DTS, Inc. explains the most critical components in IP licensing based on her career experience.
Recently, there has been a surge of lawsuits under the Fair Labor Standards Act (FLSA). From claims of misclassification to improper overtime pay calculations, collective FLSA actions are just as profitable as discrimination class actions. However, If an employer understands the issues being targeted, these cases are largely preventable. This article presents 12 tips on how to remain compliant in regard to wage and hour issues in 2012.
NEW COUNTRIES ADDED!!
This multi-PAK provides a high level overview of merger control, restrictive agreements and practices, monopolies and abuse of market power, and joint ventures in various jurisdictions. In particular, it covers relevant triggering events and thresholds, notification requirements, procedures and timetables, third party claims, exclusions and exemptions, penalties for breach, and proposals for reform.
Receiving a letter from the US government stating that a qui tam action has been filed against your company can be a nightmare for the in-house attorney ordered to stay quiet about the case. With shareholder litigation on the rise, companies subject to the False Claims Acts need to consider all options. In-house counsel need to prepare themselves for a tug of war between the laws, penalties that exist for violating a seal, and those that require the disclosure of information to publicly traded companies.
This presentation details how you can profit from your company's intellectual property assets.
Discusses things that you can do to better your chances of getting that coveted seat on the board of directors.
Companies known as “non-practicing entities” (NPEs), patent assertion entities (PAEs) or, more colorfully, patent trolls do not produce patented products or services, but instead are created specifically to own patents and seek licensing fees. Lawsuits brought by NPEs are increasingly pervasive and costly. This article provides a roadmap that will allow corporate counsel to analyze and address the demands of a patent troll.
The attorney hiring practice of limiting applicant pools based on law school ranking is an outdated method. This article supports a merit-based system for advancement in the legal profession, arguing against using standardized test scores and top-tier ranking as indicators of an attorney’s potential.
A sample form of preliminary legal due diligence requests in connection with the purchase and sale of capital stock, but could be readily modified for an asset purchase transaction. Focuses on legal due diligence and assumes the acquiring company and/or its accountants will separately make business and financial due diligence requests.
While the job market has been challenging lately, we have assembled a panel of in-house attorneys who successfully found great new positions in the past few months. Come hear how to survive being in-transition, stand out as a candidate in this competitive job market and make it over the wall to that next great job. Our panelists will share how they found their jobs, what worked (and didn't work) for them in their job search as well as some general advice for conducting an effective job search.
This article discusses the rules of taxation aligning e-commerce business with international tax rules and standards under the Departmental Interpretation and Practice Notes (DIPN 39 (Revised)) issued by the Inland Revenue Department (IRD) in late March 2020.
A discussion about the benefits of client surveys to legal departments.
This is a request for proposal to companies with a wide range of public relations, communications, and marketing services.
This Wisdom of the Crowd, compiled from questions and responses posted on the IT, Privacy and eCommerce Forum, addresses under what conditions consequential damages in non-disclosure agreements should be disclaimed.
Knowing your limitations is the most powerful tool you can have. Read Phil Strauss' witty column on understanding your boundaries.
A group exercise where half of the delegates will be tasked to design the perfect law firm. At the same time the other half of the delegates and a team of external counsel, will design the perfect in-house team. Both sides will present their findings back to each other.
Business Ethics Columnist James A. Nortz discusses three guiding principles to help employees learn company policies.
Industry experts engage with corporate counsel and explain some basic concepts of Blockchain and how it affects their practice.
In-house counsel are accustomed to the ritual of negotiating NDAs to prevent unauthorized use and disclosure of their company's confidential and proprietary information, but they often overlook the perils of overnegotiating NDAs. This article highlights these perils and offers practical tips for drafting and negotiating NDAs for U.S. and international companies in order to quickly conclude an NDA that conscientiously protects confidential and proprietary information, without the unnecessary extras.
This guide provides a general overview of anti-corruption regulations in Ukraine.
This guide provides a comprehensive analysis of patent enforcement proceedings in Malaysia.
Getting the Deal Through is delighted to publish the ninth edition of Arbitration, a volume in our series of annual reports, which provide international analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners and business people.
Eighth edition of the Getting the Deal Through Anti-Corruption Regulation Guide, a volume that provides international analysis for corporate counsel, cross-border legal practitioners and business people.
The ‘smartphone wars’ have dominated legal headlines worldwide.
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