This article was written shortly after the author arrived in the Caucasus Region to handle legal matters for the Bauk-Tbilisi-Ceyhan (BTC) Oil Pipeline running 1700 kilometers from Azerbaijan, through the Republic of Georgia, to Turkey's Mediterranean Coast.
The majority of new companies started in the United States will fail. Some estimates say as many as nine out of every 10 new businesses will fail. This is a staggering statistic! This panel will delve into what in-house counsel need to know if their place of business starts failing. What role does in-house counsel play in sounding the alarm bells and letting others know that bankruptcy may be the best idea? What are the differences between Chapter 7 and Chapter 11 when it comes to a business bankruptcy? What are the disclosure obligations when the company cannot meet current expenses? When and to whom should disclosure be made – board of directors, vendors, employees, regulators? What are the operational issues as insolvency approaches? This panel will discuss what to expect if your company fails, the legal pitfalls to avoid to protect everyone involved, and how involved an in-house lawyer should be in the wind-down process. The panel will also address what in-house counsel need to know when a vendor or customer is going through the bankruptcy process.
The assignment of arbitral claims and arbitral awards is a fast-growing market practice. When entering into agreements for such assignments, it is crucial to ensure that they comply with all the applicable legal requirements. In this context, the assignee should carefully assess the risks that may arise out of the award debtor's rights pursuant to the provisions of the law applicable at the seat of arbitration and/or at the place(s) of enforcement of the award. Under French law there is a specific mechanism called the right of "retrait litigieux" ("disputed withdrawal"). In accordance with this singular legal mechanism, which is designed as a tool to fight against speculation, when a disputed claim is assigned to a third party in the course of any judicial or arbitral proceedings, the debtor is entitled to discharge its debt by paying the assignee the actual price of the assignment, plus interest and costs, instead of the full amount of the original debt (article 1699 of the French Civil Code ). As has been seen in the FG Hemisphere v Democratic Republic of the Congo saga, the conditions and requirements for exercising the right of retrait litigieux in the context of assignment of arbitral claims or arbitral awards are uncertain under French law.
This is an example of anti-corruption policy for a smaller organization. An anti-corruption policy should be customized to the needs of the specific organization. The nature of the policy will depend on the specific needs of the organization based on its business and where it operates. The policy below is merely an example and provided for information purposes only and does not constitute legal advice.
This article is designed to provide insights into notable data breaches that took place in Q2 2014 and identify trends with the objective of answering principal questions.
This QuickCounsel will discuss the risks associated with not having a tax hedging policy in place, and will outline steps towards creating an effective tax hedging policy.
The results of insider trading enforcement and sentencing continue to follow trends of years past. Review this QuickCounsel to learn more.
This InfoPAK (now known as an ACC Guide) provides a "question & answer" guide to corporate crime, fraud and investigations in Australia. 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.
In this ACC Guide, learn about the California Consumer Privacy Act (CCPA), how it compares to the European Union's General Data Protection Regulation (GDPR), and gain key takeaways on how to adapt to these regulatory changes.
This Quick Overview briefly examines the tax consequences of payments from litigation and settlements, such as the character and inclusion of these payments as income, as well as their deductibility and reporting in the United States.
In this multi-jurisdictional guide, explore key issues in tax formats regarding the types of taxes imposed, allowed deductions, tax rates and withholdings, residency rules, tax compliance and tax treaties across a range of jurisdictions.
Eighth edition of the Getting the Deal Through Anti-Corruption Regulation Guide, a volume that provides international analysis for corporate counsel, cross-border legal practitioners and business people.
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.
This article discusses new Swiss rules on insider dealing and market manipulation entered into force.
This InfoPAK (now known as ACC Guides) provides a high level overview of the lending mark, forms of security over assets, special purpose vehicles in secured lending, quasi-security, negative pledge, guarantees and loan agreements in Australia.
The following article is a primer to help explain the negotiation of a license for customizable software products. This article discusses what to consider as part of the business arrangement, including issues related to product performance and liability, risk sharing, intellectual property matters, and other legal issues. This 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 discussions.
Lawyers from around the world are increasingly using AI technologies to streamline burdensome legal practices. By understanding new and revolutionary uses for artificial intelligence, in-house counsel can implement innovative strategies to permanently transform the modern legal department.
Studies point to the prevalence of depression and addiction in attorneys. In order to cope with the stresses of deadlines and multiple priorities that need attention, secure your oxygen mask first by incorporating healthy mechanisms into your daily routine.
The purpose of this Guidebook is to help the law departments of life sciences and medical devices industry, their affiliates and business associates, clinical researchers (CROs), and third-party vendors focus on the cybersecurity and IP asset protection issues in an accessible and practical way.
When those two words - Chapter 11 - loom imminently over your company, you may believe that you're well-prepared to press forward. But are you really as ready as you think you are? You will be after reading this article, which highlights the essentials of filing the forms, knowing the details and learning the new perspectives necessary to not only survive, but also succeed during a Chapter 11 proceeding.
Learn the ins and outs of strategic planning and effective metrics development that will help you demonstrate your department’s successes; and Show your boss how you add value to the company’s bottom line and contribute to the mission and strategic goals of your organization.
This is an outline for the session: Allocating Environmental Risk in Commercial and Real Estate Transactions.
More than half of US citizens live in states where medical cannabis is legal, and a large majority support wholesale legalization, yet the cannabis industry faces significant federal obstacles. The 2013 Justice Department “Cole memo” established a formal policy of not prosecuting legitimate cannabis retailers, but later federal clarifications severely limited the access of the cannabis industry to conventional banking.
Considering human rights during mergers and acquisitions can help companies save money as well as increase the long-term success of the transaction — and on the flipside, can help organizations avoid reputational damage, consumer boycotts, operational delays, and lost opportunities.
As business operations become increasingly complex, legal departments are expected to do more with less. From compliance to contracting, legal departments can achieve this goal by unbundling the right services to the right providers. Without careful planning, however, the risk and cost of such efforts may prove to be too much. This article will guide you along the path to increasing value while reducing legal spend.
Many companies are outsourcing such functions as information technology, accounting, customer service, and telecommunications. Additionally, many of them are contracting with foreign vendors to provide such services. This article explains the reasons for this phenomenon, examines the trends in global outsourcing, and sets forth factors that will help you to determine whether such outsourcing is right for your company. You will learn how to develop a strategy that will enable you to identify the vendor and outsourcing destination most appropriate for your needs and to sidestep the minefields involved in outsourcing globally.
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