This InfoPAK (now known as an ACC Guide) provides a "question & answer" guide to corporate crime, fraud and investigations in China. This guide gives a high level overview of matters relating to corporate fraud, bribery and corruption, insider dealing and market abuse. In addition, it summarizes money laundering and terrorist financing, financial record keeping, due diligence, corporate liability, immunity and leniency, and whistleblowing.
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.
In this multi-jurisdictional guide, explore an overview of key legal issues, rules and developments regarding corporate governance across a range of jurisdictions.
“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.
With the explosion of high technology, communication is getting faster, but not necessarily better. All employees who use company computers, telephones and stationery should be trained to think defensively about the legal consequences of what they write or say. Formulating an effective document and e-mail management policy can reduce the risk of costly litigation.
Members of ACC's Litigation Committee share their experiences of how developing vital relationships early during their in-house career resulted in fewer challenges for them and their company. Discusses choice of outside counsel, budgeting for litigation, managing client expectations, building a litigation team and understanding your company's insurance coverage.
Another process server. Someone else is suing your company. How tiresome. Let's see the complaint. Wait -isn't that our counsel who appears to be the plaintiff's counsel? Is that possible? Is it ethical? Here comes the head of litigation trotting in with their retainer letter-containing an advance waiver. Now you remember. The law firm did discuss this with you. But the question remains: Is it enforceable?
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.
Discusses things that you can do to better your chances of getting that coveted seat on the board of directors.
The "Getting the Deal Through" reference guide for M&A professionals.
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.
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.
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.
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.
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.
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