Hot topics covered include Dodd-Frank whistleblower regulation, Foreign Corrupt Practices Act, and data privacy issues and regulations both domestic and global.
This article summarises the legislative framework for the protection of personally identifiable information (PII).
With one of the fastest dockets in the country and broad injunctive relief at its disposal, the ITC has become a prominent forum for patent infringement suits. Here's what you need to know about how your company can take advantage of the benefits of an ITC investigation versus patent litigation in federal court.
Summarizes the nature of the new security requirements arising from new regulations and provides an outline for preventing "the Monday morning horror" for your client, with special attention to the unique needs of the law department residing within the corporation.
This Wisdom of the Crowd (ACC members' discussion), provides insight from ACC members regarding contract management systems. Topics discussed include choosing the right product for your law department/company and, building your own system. The resource compiles responses posted on the forums of several ACC Networks: IT, Privacy & eCommerce, New to In-house, and Small Law Departments.
This guide details key business and legal developments of interest to investors across major jurisdictions in Africa.
This is a sample group and hotel sales agreement.
This article describes three principles: strategy, experience, and teamwork (SET). While aiding you in framing the oncoming issues, each element builds upon and is influenced by the next.
Ride-sharing company Uber has achieved staggering success, now boasting 300,000 drivers worldwide. But are these drivers employees, or are they independent contractors? This distinction has lead to complex litigation for the company, and has brought up key questions about how new forms of employment are protected under current laws.
Current studies show that most European companies have yet to implement effective antitrust programs. However, to encourage compliance, the German Institute for Compliance (DICO) and the German Association of Supply Chain Management, Procurement, and Logistics recently published an English version of the DICO Guideline — with the goal of providing guidance for European companies looking to prevent violations.
Faced with increasing regulatory enforcement following the release of the Panama Papers and settlements from the Foreign Corrupt Practice Act, companies are increasingly looking to the legal department to mitigate risk. By reviewing the client intake process, in-house counsel will gain a broader understanding of the company’s compliance requirements and ensure that a partnership doesn’t inadvertently lead to a crisis.
When it was revealed that employees at Wells Fargo illegally issued nearly two million unauthorized checking and savings accounts, many wondered: How could such a large company overlook a fraudulent act of this magnitude? By learning from the missteps at Wells Fargo, in-house counsel can learn key strategies to prevent a similar scandal from arriving on the company doorstep.
Over the past decade, there has been an explosion of new data privacy laws in Asia. While certain countries like Malaysia do not actively police their own privacy laws, a number of others, including Singapore, have substantially increased enforcement actions.
Fools rush in when conducting business in Japan. Rather than race through a deal, most Japanese employers value group consensus decision-making — and the same is true for creating contracts and finalizing negotiations with outside parties. After learning the basics of Japanese business etiquette, in-house counsel will discover why patience truly is a virtue.
As in-house counsel, you know you need to excel at negotiating with the other side. But to be a great lawyer, you must also excel in your interactions with your own side — your internal clients.
In San Luis Potosí, Mexico, one maquiladora — a factory owned by a non-Mexican entity — was served with a US$20 million dollar lawsuit for a breach of contract. What ensued afterward was an extensive uphill litigation battle, requiring thorough due diligence from the in-house legal team to ensure a positive result. Here’s what happened.
James Lipscomb discusses his views on successful career building, giving back to the global community, and the importance of fostering an inclusive and empowering legal department.
By transforming your legal organization in business interaction, focus, structure and staffing, you can maximize the opportunity to use legal resources to create significant positive value and advance company strategy. A hybrid model allows both functional expertise and alignment with the various business units.
Overworked? Busy putting out fire after fire? Perhaps too much of your time is being sucked into the vacuum of litigation. Learn how to take advantage of the window of opportunity that opens early in the litigation process, before a suit is even file, to apply a new negotiation model that allows your company o deal compassionately, and fairly, with litigants.
How do corporate counsel successfully meet the challenges of the modern legal department? This article has an answer which comes in the form of change management. A successful change management effort challenges the what, why and how of the way the legal department conducts its business. Change is inevitable — process improvement, metrics and benchmarking, once seen as innovative, are the new norm. Don’t be left behind; learn what you can do to get on the change team.
Managing a business dispute in China requires foresight at the time of a deal; potential issues can often be spotted during initial negotiation meetings. Most important, the key for any foreigner doing business in china is to appreciate the cultural, historical and political differences that create a dynamic, if not challenging, business landscape. This article offers practical tips to assist you in preparing and executing a deal, avoiding dispute, and how to tackle a dispute should one arise.
Internal product-safety and regulatory- reporting processes best position companies to defend corporate decisions and minimize adverse regulatory action. In-house counsel are tasked with integrating risk- management considerations into the business process. Learn how to maximize your role as strategic advisor.
Whether you receive raw materials or goods from China, provide services to foreign clients, or ship products to customers around the world, your company is subject to an intricate system of overlapping laws that control the movement of goods, information and services, and regulate cross-border transactions. The laws cover everything from importing products that don’t conform to electrical standards to exporting products to an entity on a government restricted party list to accepting funds from a sanctioned country.
Coupled with federal funding, joint ventures with universities or nonprofits often result in major discoveries having significant commercial implications. However, without clear contractual assignments, corporations could discover themselves in front of the Supreme Court. The article describes the proactive steps involved in protecting your company’s IP.
Legal hold and data protection requirements are evolving, and with General Data Protection Regulation (GDPR) implementation on the horizon, new tensions are arising for multinational corporations trying to maintain compliance with both.
In 2016, German pharmaceutical company Behringer Ingelheim (BI) gave its legal department the green light to set up a global team focused on innovation. Over the next year, the BI legal department worked to fulfill this request, creating an incubator to translate lofty goals into a tangible mission.
The last 25 years of the Americans with Disabilities Act (ADA) has offered a lot to reflect upon. And without question, it has been a bit of a wild ride. Congress, objecting to the narrow interpretation of the ADA, stepped in nearly 20 years later to make the statute apply to pretty much everyone. So now that we have that all settled, what’s next?
In-house lawyers contribute substantially to the development of the enterprise-wide risk management plan, but successful lawyers often go beyond this function, bringing more to the table than just legal expertise. Lawyers can best position themselves as executive leaders if they use a risk management template to develop an individual professional effectiveness plan.
As in-house counsel, you never know when you’ll encounter an unforeseen event that triggers an internal investigation. But when you do, you’ll want to be prepared. Whether it’s a whistleblower complaint or a personnel-related issue, companies can no longer afford to treat claims on a case-by-case basis, and must create precautionary policy that ensures that every investigation is fair and safe for all involved.
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