James Nortz explores potential arguments for and against assisting other businesses when they are down, applying ethical considerations and balancing such corporate altruism with your own company's professional goals.
The US False Claims Act (FCA) was enacted during the American Civil War for the purpose of discouraging individuals and corporations from cheating the government. The FCA has been amended several times since then and has been upheld by the courts.
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.
This guide discusses the economic and financial framework, foreign investments incentives, formation of corporations, limited liability companies, branch offices, labor laws, taxes, immigration laws, distributors, dealers and agents in Paraguay.
This Wisdom of the Crowd (ACC member discussion) addresses whether physicians and hospitals can offer compensation to persons providing referrals. This resource was compiled from questions and responses posted on the forum of the Health Law Committee ACC Network.
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 Wisdom of the Crowd (ACC member discussion) was compiled from the questions and responses posted by the Litigation Network on their Forum. This discussion addresses whether lost profits are direct or indirect damages and, if direct, what are the appropriate methods of calculation in the United States and in the United Kingdom.
Sound marks, holographic marks, three dimensional marks, scent marks and other non-traditional trademarks have become an important means for marketing departments to build and exploit their company’s brand — in addition to logos, phrases and other more traditional marks. In-house counsel need to stay informed about developments in non-traditional marks in order to keep up with business realities and protect their company’s interests. Many countries have regimes that regulate non-traditional marks, and understanding the procedures required to protect a brand’s unique shapes, sounds and smells can provide an important competitive advantage. This program will address: (1) the types of non-traditional marks that may currently be registered, and what lies ahead; (2) clearance procedures; (3) applications to register; and (4) enforcement proceedings.
The General Electrics of the world do it, and so do smaller real estate holding companies. Outsourcing legal services to India can be a low-cost option, but is it really a solution, or just creating a new batch of problems? Read the story of a company that has used legal services from India, and find out what projects are good candidates for such offshoring, which are not, and whether it's worth the political risk to take the plunge in the offshoring ocean.
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.
Part I of this article briefly reviews the changes to the United States patent system in the past 35 years. Part II discusses the pendulum swings between perceived overprotection and perceived underprotection and the concerns lawyers have raised in both directions. Part III presents evidence of the resilience of the patent system. Part IV offers some possible explanations for this surprising result.
Based on responses from over 5,000 in-house counsel in 73 countries, ACC's 2015 Census Report offers legal departments, law firms, and other legal industry partners insight into one of the largest ever samplings of the in-house community.
Purchase an electronic copy of the full survey or download the free Executive Summary below.
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 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.
Compile information from earlier sessions that will help convince your CEO that you need to implement an effective compliance program or revamp your current program; Understand how to manage your CEO’s expectations and deliver positive results; take away benchmarks and statistics that will help convince your executives to act before there’s a problem; and receive a pre-prepared PowerPoint presentation you can use to present your case for a new or revamped compliance programs to your CEO, complete with questions you should be prepared to answer.
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.
This session is designed to benefit every corporate attorney from the entry level associate G.C. to the experienced G.C. as it argues for a radically different perspective of the Legal Department within the modern corporate structure.
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.
This article contains information on the research initiative that highlights key trends and provides timely advice to help you recruit and retain talented employee teams of all generations.
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.
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