The job of in-house counsels have become more global and fluid, but ethics laws — on privilege, right to practice, and even technology — often still read like they come from dusty books left over from the 19th century. Focusing, in part, on the recent work of the American Bar Association's Ethics 20/20 Commission, this panel will discuss what in-house counsel need ethics rules to address, to allow them to practice law in ways that are as fluid, global, and technologically savvy as their companies.
One of the in-house litigator's most important roles is quantifying litigation exposure. Whether evaluated at the enterprise level or on a case-by-case basis, the in-house litigator is under more pressure than ever to assist the corporation to manage/contain overall risk. Nuanced high/low analyses or "it depends" answers from a learned legal pulpit will not make the cut in today''s cost-conscious corporate environment. In-house practitioners need to have effective tools and methodologies to assess litigation risks and develop strategies for containing the cost of litigation, as well as financial exposure to the corporation. This program will explore novel ways the in-house litigator can approach litigation, and contain risk and cost, with a business (not only a legal) mindset.
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.
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
In the not-so-distant past, a plaintiff could sue a multinational company in any jurisdiction where it conducted significant business. However, recently, the US Supreme Court has sought to narrow the scope of permissible jurisdictions in an attempt to curtail the onslaught of litigation. In preparation for this new view, law departments both big and small can benefit from understanding how future disputes may be impacted.
This survey addresses issues including staffing, departmental organization, hiring plans, cost accounting, expectations for the coming year, changes to the role of the CLO, outside auditors and counsel, and firm demographics. Additionally, the survey focused on the relationship of the CLOs and GCs with outside counsel through questions that explored alternative fee arrangements and challenges brought with the economic downturn.<br/><a href=surveys/upload/2008-clo-survey-executive-summary.pdf>2008 CLO Survey - Executive Summary</a>
The following article is a primer for the U.S.-trained human resources manager tasked with handling a pan-European reduction in force ("RIF") for an American company. It sets out the key elements of a RIF plan, concisely overviews the European legal landscape, addresses seven key issues concerning collective dismissals in six European countries, and provides country-by-country guidance on those issues. If, for example, you do not want one of your company's directors to land in a French jail because you did not follow the correct procedures concerning the collective dismissal of your company's Avignon-based workers, then this article is for you. The 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 an effective RIF plan.
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.
For those in the United States, the days are becoming shorter, and holiday stress hovers around the corner for some. Check out the list below to see some aspects of your wellbeing to keep an eye on through the next few months.
This is a sample employment handbook.
This program will focus on effective information security and data privacy assessment programs for third-party vendors—including practical tips for effectively assessing information security practices and procedures of third-party vendors, such as law firms and other professional consultants — from the pros and cons of using industry-standard questionnaires to determining when onsite reviews are appropriate and how to handle subcontractors. We will also highlight key, and common, sticking points in negotiating data privacy and information security terms in vendor agreements and provide options and sample language for successfully resolving them, distinguishing as applicable between US negotiations and negotiations where either the customer or the vendor has substantial operations in Europe or Asia.
This InfoPAK (now known as ACC Guides) provides a high-level overview and practical analysis for public procurement issues and procedures in France.
This InfoPAK (now known as ACC Guides) provides a practical guide to a Q&A that gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities in Switzerland.
The session will cover important recent U.S. Securities and Exchange Commission (SEC) developments since the ACC 2013 Annual Meeting and will also include highlights from the 2014 proxy season. The program will review significant enforcement actions and trends as well as recent SEC developments related to proxy advisory firms, cybersecurity, conflict minerals, social media, whistleblowing and disclosure reform. The SEC Update session will be a fast-moving program; come equipped with a working knowledge of the 1933 Act and the 1934 Act.
Overview of some of the issues related to the use of social media by employees. Includes a review of instances where employees misuse social media, the consequences of employer reaction, and the development of social media policies.
These guidelines can help you identify issues related to open source software and what to do if you decide to use open source code at Company.
In this issue's Small Law column, Maryrose Delahunty expresses her gratitude for her ACC network who supported her professionally and emotionally after the loss of a family member.
This InfoPAK is not a comprehensive analysis of Intellectual Property licensing, but rather, it is a discussion of the best practices and recent developments in intellectual property licensing. The core of this InfoPAK touches on issues that are fundamental to the granting of rights, as well as the assets covered by most intellectual property licenses.
What are the practical issues involved in protecting confidential information? To best protect your company you need to know trade secrets and confidential information laws. Don't forget that undisclosed information varies from state to state and country to country. Read this article to brush up on the law, but even go beyond it and take actual physical measures to protect your company's data.
Testimony of ABA President Karen Mathis, Before the Senate Committee on the Judiciary Regarding The Thompson Memorandum's Effect on the Right to Counsel in Corporate Investigations Tuesday, September 12, 2006
The purpose of this article is to highlight the key issues any international non-government organization (NGO) should consider when evaluating their international employment needs, considering expansion into a new region/jurisdiction, or in any other context where employment law may arise.
As shareholders continue to demand more financial transparency, Say on Pay votes against executive compensation plans are increasing in popularity. Although these votes are non-binding, dissent among a majority of shareholders could prove problematic. Learn how to prepare effectively for a Say on Pay vote, while reinforcing a positive, open relationship with shareholders.
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