The government is in your lobby requesting privileged documents. Know your options and how to prepare for a situation like this in an era of increasing regulatory and prosecutorial scrutiny.
This InfoPAK provides corporate counsel with an overview of the Federal Sentencing Guidelines’ requirements for an effective ethics and compliance program and suggests useful strategies for the small legal department for creating and maintaining such a program. This document reorganizes and distills the baseline “hallmarks” set out in the guidelines into ten essential tasks, with numerous tools and sample resources included. strategies for the Small Legal Department for creating and maintaining such a program.
China does not yet have a comprehensive law or regulation for personal information protection. In 2008, the Chinese Academy of Social Sciences submitted a draft Personal Information Protection Law to the State Council for consideration, but no further action on it has been reported. Learn more about the implications of this as China continues to take a piecemeal approach to personal data protection.
Successful boards are the result of aligned expectations, laser-like focus and the right committee architecture and operation. The work of board committees should not be underestimated in this equation. Impactful boards do not happen without them. The work that the board committees conduct between meetings serves as a springboard for policy decision-making. Learn about the 10 actions an organization can take to build and operate effective committees.
Getting the Deal Through is delighted to<br />publish the ninth edition of Arbitration, a<br />volume in our series of annual reports,<br />which provide international analysis in<br />key areas of law and policy for corporate<br />counsel, cross-border legal practitioners and<br />business people.
Whether the expense of an environmental consultant is a defense cost which, like other defense expenses, is recoverable as incurred, or an indemnity cost, recoverable only at the end of coverage litigation, is one of the most significant issues in environmental insurance coverage litigation today. By carefully planning, tracking, and describing such expenditures, policyholders can help maximize the chance that they will be recoverable as defense costs and thus get the most from insurance coverage.
Coaching has made a powerful impact on this lawyer’s career development—and it could do the same for you.
This InfoPAK (now known as ACC Guides) provides a high level overview of matters relating to practical issues concerning oil and gas and power including, the domestic oil and gas and electricity sectors, rights to oil and gas, electricity generation and renewable energy, oil and gas health and safety and the environment, and electricity transmission, distribution and supply in the United States.
Reactive law departments respond ad hoc to requests and handle emergencies as they crop up. Proactive departments have processes, tools and cultural behaviors in place to deal with incoming requests efficiently, and thus are better able to strategically manage risk. Learn more about what how legal departments can stop constantly putting out fires and become proactive business partners.
Last year, a Dallas federal jury cleared US billionaire entrepreneur Mark Cuban of allegations of insider trading. His trial lawyer and long-time counsel explain what made the case resonate with the jury. Among other things, jury research and selection play a critical role in any high-stakes trial.
Many executives rank data growth as one of their top business challenges. Organizations are now facing the reality that their existing systems for managing information are no longer working. A different approach to information management is necessary considering that our information-driven world is one of heightened compliance requirements coupled with reduced control over information. This article suggests that by adopting an evolved standard of reasonableness, this challenge can be met.
A company that does not own its innovations cannot get paid the premium it deserves for the value it brings to its customers. Implementing a culture of getting paid for innovations needs to happen at all levels, and management should support this culture from the top down. Also, legal counsel must be well versed in IP ownership issues and risks, and be creative in resolving difficult issues as they arise. This article discusses how a company can support and grow its intellectual property.
The ACC Law Department Management Report is a study of corporate law departments and their operations based on a survey of nearly 300 chief legal officers, general counsel, and legal operations professionals across 37 industries and 25 countries. This report builds on the chief legal officers survey and other ACC reports, discussing the qualities that drive high-performing legal operations in top law departments. This resource also contains benchmarks for companies and leaders looking to learn more about the evolution of the general counsel as a strategic business partner.
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.
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.
ABA letter to the US Sentencing Commission regarding waiver of attorney-client privilege.
For most corporate law departments, 2020 will be remembered as a year where everything was turned on its head. Law department leaders had previously helped guide their departments through recessions, sales shortfalls, and restructurings, but never a global pandemic. However, the after-effects of 2020 will likely contain as many positives as negatives; and, if department leaders are smart, it should act as a catalyst for accelerating the change agenda in 2021 and beyond.
This Leading Practices Profile features the best practices of five ACC law department members for planning and hosting successful legal retreats. In the wake of the economic downturn and increased pressure to do more with less, these participating corporations share their best planning practices to deliver retreats that inspire, teach, and fortify legal teams to continue delivering results to their organizations that will offset meeting costs.
How are good compliance and due diligence programs the safeguard of a successful company? They protect against potential legal liability and financial hardship. They preserve the sanctity of a corporate reputation. There's another upside to this type of programming: done correctly, it can also cut company costs.
When an employee parts ways with the company, it isn’t just a box of office decor that gets carried out the door: Any skills or information learned on the job is now potentially benefiting your competition. Many variables can affect the successful application of a non-compete agreement. This article explains how different countries handle non-compete agreements and what the alternatives are to protecting your company’s resources.
On the heels of the public and congressional criticism that followed the perceived failure of General Motors (GM) to promptly recall automobiles that had a defect with the ignition,<br />the company hired Anton Valukas of Jenner & Block to conduct an internal investigation. The resulting “Valukas Report” was not only hard on GM, but also on the in-house legal department as a whole. The author considers<br />the viability of the recommendations made to the in-house team.
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