In-house counsel advising businesses that operate in France (or working in French businesses that operate in other countries) should be aware of the French mechanisms for deferred prosecution agreements and plea bargaining. This article gives an overview of what in-house corporate counsel should consider in this respect when their company faces criminal proceedings in France.
Here are the top ten considerations for a whistleblower to consider before acting in cases involving the United States Dodd Frank Act.
This Top Ten provides key explanations about risk prevention associated with the processing of personal information from candidates and employees in Mexico.
With little public sympathy left for big business, compliance management is nothing to take lightly. If you disagree, prepare for the inevitable: legal sanctions, financial losses and a tarnished reputation. based on the Swiss corporate environment, learn the five fundamentals of effective compliance management and ensure your company remains in the public spotlight for all the right reasons.
As the East continues to seduce business, more in-house counsel will be asked to manage legal services in China. Your new legal team will adhere to and be motivated by different cultural norms, which you as their leader should know. Learn basic cultural concepts relevant to all facets of life — including business — in China.
Some agency regulators or enforcement authorities will request your client’s privileged communications. This session will explore the circumstances under which your business runs the risk of that exposure and how your company can respond. The panel will discuss how regulators and enforcement authorities now approach privileged communications; what the approaches imply for how in-house counsel should communicate with their clients; and from the perspective of an enforcement authority, what options in-house counsel have in responding to requests for privileged information.
There is a series of steps in-house counsel must take after their company is served with a new lawsuit. These steps ensure compliance with requirements placed on a civil litigant, and they put the company in the best position to defend against the claims. Don’t miss the simple tasks and responsibilities — use this checklist as a guide.
Written Submission of the American Corporate Counsel Association to the ABA Task Force on Corporate Responsibility
(The"Cheek Commission?), November 11, 2002.
This material covers the various roles in-house counsel may be called upon to play during a corporate crisis.
This multi-PAK provides a high level overview of the lending market, forms of security over assets, special purpose vehicles in secured lending, quasi-security, negative pledge, guarantees, and loan agreements. It covers creation and registration requirements for security interests; problem assets over which security is difficult to grant; risk areas for lenders; structuring the priority of debt; debt trading and transfer mechanisms; agent and trust concepts; enforcement of security interests and borrower insolvency; cross-border issues on loans; taxes; and proposals for reform.
A review of Brazil's new anti-corruption law. Discusses the potential corruption liabilities of companies doing business, directly or indirectly, in Brazil.
This article is intended to provide a general guide to the matter of green bonds.
In this article, the Coronavirus Aid, Relief, and Economic Security (CARES) Act is explained in the context of small businesses and non-profits. Resources are available to these sectors impacted by the current crisis.
This ACC Foundation report explores the current landscape of diversity, equity, and inclusion (DEI) within legal departments.
This checklist is for use by licensees when reviewing a licensor's terms for the licence of commercially available packaged software. The checklist covers key issues that frequently arise in these types of licensing arrangements. However, it is not intended to be an exhaustive list and licensees should be careful to review all licence terms carefully. Agreements in respect of software that is to be developed or heavily configured specifically for the licensee are outside the scope of this checklist. In those circumstances, the contract is likely to (and should) contain additional detailed provisions relating to the ownership of intellectual property rights in the new software, acceptance, conformity with specification, delivery of bespoke elements and warranties. The checklist is written from a European perspective. For non-European software licences, users should ensure that they take into account relevant local law issues.
This session focuses on how to structure the transaction, what to watch out for when conducting IP due diligence and which contractual protections are advisable to ensure that such risks are mitigated.
In this sample, find practical tips to consider when drafting and negotiating contracts.
Cloud computing allows us to easily store data without physical storage devices, helping to reduce the carbon footprint. But environmental issues from cloud data centers makes this a mixed blessing.
Capitalizing on the importance of formal training for staff, a business focus, evaluating risks and rewards of litigation, and cutting costs, Brian Cabrera talks about how he leads his legal department - reducing nearly 50 percent of its spending.
The tables are turned in the continuing dialogue between N. Side, general counsel for Federated Overseas Operations Logistics, Inc. (FOOLS, Inc.) and the firm of Oliver, Wendell & Holmes.
This article provides an overview of legal process outsourcing and some guidance for thinking about the “fitness for purpose” of different possible outsourcing moves within law firms and in-house law departments.
This guide covers common issues in public investment funds – including registration, regulatory framework, marketing of public funds, and tax treatment – in 19 jurisdictions.
This article addresses what can be done once a company is served with a class action lawsuit.
This Wisdom of the Crowd, compiled from responses posted on various ACC Committee eGroups, addresses the "Dos and Don'ts" for a company's first general counsel.
A presentation on contract negotiations that is meant to provide effective approaches and some practical and useful fallback provisions for commonly negotiated provisions.
Corporate social responsibility has become more than an afterthought, with companies everywhere "going green." But is it just in style to be eco-friendly? This article explores how important protecting the environment has become in the corporate world, and details how companies like yours are doing their part.
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