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.
This article discusses how recent court decisions have empowered the consumer. For example, in Australia, a leading residential housing developer was slapped with hefty fines for deceptive conduct; real estate developers in India have also found themselves in the regulator’s sights.
Learn how to walk the line between your obligation to respond to document requests and your responsibility to protect company interests.
The scope of information to be held confidential is remarkably similar for all lawyers, no matter the country you practice in. The real differences are manifested in the exceptions to the duty of confidentiality and the applicability of the duty to in-house lawyers. The exceptions to confidentiality are generally (though not universally) broader in the United States. Do not always assume that US ethics law is the most protective. When it comes to confidential information relating to business crimes or fraud, for example, it often may not be. It is imperative to fully understand and properly analyze confidentiality and choice of law issues where foreign ethics law is involved.
As lenders struggle to work out and collect on unprecedented numbers of commercial real estate loan defaults, they’re increasingly turning to receiverships. This article provides a background on receiverships in this context, their pros and cons, and some practical advice on how they work best.
China is at a turning point. Propelled to be the world’s second largest economy by thirty years of exponential GDP growth, China now faces a slowdown and significant macro-economic questions. Compounding this is the constant, and dramatic, evolution of the global economic landscape. China’s response will determine its own role on the world stage for at least the next thirty years and significantly impact the rest of the world.
This article analyzes data from the FTC’s and the DOJ’s review of mergers over thirty years, from 1981 through 2010, for correlations to shifts in political administration.
Russia is among the top six fastest growing economies in the world, so it is easy to understand why companies are looking to invest there. From its steady economic growth to its low corporate tax rate, there are many opportunities when it comes to investing in Russia. However, there are also many risks involved. Learn the advantages and disadvantages of exploring M&A opportunities in Russia.
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.
Companies that adopt forced ranking systems are most vulnerable to age, sex, and race discrimination claims. This article will help you to minimize such risks.
Your company recently made a strategic acquisition. Now, the CEO has advised you that he and the board have decided to divest and sell the European subsidiaries in order to focus on the group’s core business. As general counsel, you must prepare a share purchase agreement for each subsidiary, and local law governs M&A in every country. What do you do?
Corporations are not only responsible for protecting consumer data, but also for safeguarding the medical data of its employees. This could prove difficult considering the spectrum of employee medical records, and the importance of maintaining privacy. Familiarize yourself with the laws and regulations, and ensure your confidence when identifying, managing and distributing such sensitive information.
While minority and female representation in the legal community has increased in recent years, the numbers are still lagging. But there are several key steps corporate counsel can take to retain, develop, and promote diversity among in-house counsel.
This article provides an overview of the option clauses in Shareholders Agreements regulated by Brazilian law and the instruments that can be used by the parties in order to assure the enforceability of said clauses.
The Green California Leadership Awards were established to recognize outstanding environmental achievements in governments who undertake publicly financed and executed projects that provide a measurable benefit to the natural or human environment.
This short article discusses regulatory changes in Brazil implemented in 2013 that made it easier to invest in small and medium-sized companies.
Philip Strauss brings you the top four affordable technologies that can help you as a new in-house lawyer, James Bond style.
An introduction to the New to In-House Interest Group. The New to In-House Interest Group was formed to provide resources for in-house "newbies" who have transitioned from law firms, government, industry, or law school
The following article is a primer for non-lawyers in your company on how to audit corporate records to evaluate the knowledge that they contain as one of the first steps in setting up, revising, and maintaining an effective records management program. Because business people in your company may be more conscious now about records management issues, such as retention and destruction policies and schedules, since Enron and Andersen and other recent news-making events, the article explains the importance of going way beyond the outer concerns of what media to use for storage and how long to keep various records. The article explains the importance of delving into the content of the records and asking the right questions about why the company would want or need to keep the records and how the company could use those records to prove its worth in ways perhaps previously not considered. The article also outlines the critical fundamentals of performing a corporate records audit and offers practical suggestions and materials for completing a records audit. The article is certainly not a substitute for personal advice from in-house counsel geared to the particular records at hand, but should help lay the groundwork for discussions.
Show results exclusively from the ACC Resource Library with customizable filters