On March 4, 2021, the US Securities and Exchange Commission (SEC) announced the creation of a Climate and ESG Task Force in the Division of Enforcement. According to the SEC, the Task Force will develop initiatives to proactively identify ESG-related misconduct in the form of gaps or misstatements of issuer disclosure by means of the Division’s resources, including the collection of tips and whistleblower complaints and the use of data mining and analysis. The Division of Enforcement’s new Climate and ESG Task Force will use data analysis to mine and evaluate registrant information for possible violations.

Getting past security at the airport is tantamount to being publicly screened and examined. It’s part of the inconveniences suffered for the sake of safety. But how far those searches go and should go is debatable when it comes to seizure of electronic equipment. Frequent travelers should read on for information and applicable solutions.

This fourth edition of Deloitte's 'Look Before You Leap' survey focused on the use of background/integrity checks when considering a business relationship, investment, or acquisition outside the United States.

On June 13, 2022, the US Supreme Court resolved a long-standing circuit split holding that broad U.S.-style discovery under 28 U.S.C. § 1782 is not available in private foreign arbitrations. In the past decade, litigants in international arbitrations had been trying to use section 1782 more frequently to obtain comprehensive discovery that would otherwise typically be unavailable in arbitration abroad. While the Supreme Court has ostensibly put an end to that practice, the possibility of further litigation over section 1782 remains, as parties are likely to test the boundaries of the Supreme Court’s decision.

This InfoPAK (now known as ACC Guides) gives a succinct overview of restraints of trade, monopolies and abuses of market power in Singapore.

This QuickCounsel focuses on the recent California Transparency in Supply Chains Act and Executive Order, and compliance issues with respect to each.

Employer use of background checks for employment purposes is facing serious restrictions from both the federal and state level. Employers must demonstrate that consideration of such information is job-related and consistent with business necessity.

If you join a company that doesn't meet your expectations, should you jump ship or face the music and dance? In his newest column that's inspired by a friend's true story of a poorly planned cruise, James A. Nortz recommends that you pick the latter.

Almost every in-house counsel understands the need for some sort of intellectual property due diligence plan to protect company assets, but not all corporate lawyers recognize the significance of IP assets in a wide range of corporate transactions. Read this article for a three-step process that will show you how to develop a plan now that can provide accurate and fast-turnaround assessments later.

Like it or not, different territories have different laws. There are 28 states in the European Union and across these states there are tranches of relatively harmonised laws in certain areas. The basic underlying laws of contract and case law or codes which aid their interpretation are, however, all different. Nearly every in-house counsel has faced the task of tackling an impending overseas deal when only local state law governed terms are at hand. Staring down the barrel at an unknown legal system, a familiar scene plays out: localise or push ahead with what we've got?

Practice Resources-May 2006

This article discusses different aspects of Legal Process Outsourcing (LPO) provider selection, including location, casting your net broadly enough, making your selection based on robust criteria, and taking into account possible obstacles to success that have more to do with your own organization than the potential provider.

A sample code of business conduct that provides a general statement regarding the company's expectations as to the legal and ethical nature of conduct of employees while acting on the company's behalf and to provide for the administration of the code of conduct.

Reentry into the workforce can be difficult for women who have taken extended leave from their legal careers. The OnRamp Fellowship eases this transition through its unique reentry platform.

Learn tips for selecting, evaluating, comparing and retaining the outside counsel that best suit the organizational needs of your company; Discuss the benefits and pitfalls of legal process outsourcing (LPO) and learn how to recognize when it’s time to bring in an expert; Discuss value-based fees and how they can align internal and external incentives; consider which types of value fees are best for different types of work; Discuss how to work with outside counsel to scope the work, set budgets that stick, monitor progress and conduct after-action reviews to drive strong performance; and Develop a list(s) of providers and criteria for preferred legal service providers and specialized firms.

It’s difficult enough when an integral employee decides to leave — clients must be maintained, coverage ensured and investor relations handled. this departure can become even more of a problem when confidential company information is misappropriated. Non-compete agreements are no longer enough to deal with such a situation; learn what to do in order to protect your business’s electronic secrets.

Learn about changes that the ONCA has on not-for-profits since it came in effect in October 2021.

In order for in-house counsel not to find themselves the subject of the next audit committee inquiry at their company, it is vital that they know how to properly investigate and pursue internal allegations of such "white collar" crimes as fraud, theft, and corporate malfeasance. The fact that the allegation is never the only focus of a possible audit­ means how your legal department responded to the claim should be enough to get you to read the steps in handling such cases outlined here.

This Wisdom of the Crowd (ACC member discussion) addresses addresses how companies should respond to Title VII discrimination claims brought by their employees, including whether they should mediate or settle the claim, under US law. This resource was compiled from questions and responses posted on the forum of the Employment & Labor Law and New to In-House ACC Networks.*

This article describes the basics of copyright.

This presentation examines litigation strategy in major European markets such as Germany, the Netherlands, UK and France and discusses how to protect your brand and whether the WTO dispute settlement mechanism provides for a suitable alternative.

This InfoPAK (now known as an ACC Guide) provides a "question & answer" guide to corporate crime, fraud and investigations in France. 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.

Practice Resources (December 2007):
Tools & Solutions for Doing Your Job Better

In some instances, in-house lawyers can let their guard down, ethics wise. This brief article explains some complex ethics rules that in-house counsel should be aware of since they may affect your company, in the United States.

Crypto assets have come to the forefront of society quickly. In an area where technology has surpassed the law in many jurisdictions, this guide aims to provide a current snapshot of the legal status of crypto assets around the world, current regulations, and forthcoming or proposed legislation.

These are the official guidelines for social media if you're an employee or contractor creating or contributing to blogs, wikis, social networks, virtual worlds, or any other kind of social media

In this article, in-house counsel can learn the pitfalls and signs of negative motivation from their fellow employees.

Learn about the extensive due diligence duties under EU’s newly proposed Corporate Sustainability Due Diligence draft Directive.