The following article is a primer for non-lawyers in your company on how to audit corporate records to evaluate the knowledge that they contain as one of the first steps in setting up, revising, and maintaining an effective records management program. Because business people in your company may be more conscious now about records management issues, such as retention and destruction policies and schedules, since Enron and Andersen and other recent news-making events, the article explains the importance of going way beyond the outer concerns of what media to use for storage and how long to keep various records. The article explains the importance of delving into the content of the records and asking the right questions about why the company would want or need to keep the records and how the company could use those records to prove its worth in ways perhaps previously not considered. The article also outlines the critical fundamentals of performing a corporate records audit and offers practical suggestions and materials for completing a records audit. The article is certainly not a substitute for personal advice from in-house counsel geared to the particular records at hand, but should help lay the groundwork for discussions.
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.
This is a list of reference materials for the session.
The Green California Leadership Awards were established to recognize outstanding environmental achievements in governments who undertake publicly financed and executed projects that provide a measurable benefit to the natural or human environment.
Whether the expense of an environmental consultant is a defense cost which, like other defense expenses, is recoverable as incurred, or an indemnity cost, recoverable only at the end of coverage litigation, is one of the most significant issues in environmental insurance coverage litigation today. By carefully planning, tracking, and describing such expenditures, policyholders can help maximize the chance that they will be recoverable as defense costs and thus get the most from insurance coverage.
Typically, all potentially responsible parties (PRP) are held jointly and severally liable for the costs of environmental cleanup at hazardous waste sites. The bankruptcy of a PRP can further complicate the already burdensome task of allocating those cleanup costs. This article proposes a reevaluation of strategies when allocating costs, filing claims and litigating issues related to environmental remediation.
What are the practical issues involved in protecting confidential information? To best protect your company you need to know trade secrets and confidential information laws. Don't forget that undisclosed information varies from state to state and country to country. Read this article to brush up on the law, but even go beyond it and take actual physical measures to protect your company's data.
Progression in technology has meant that, over the last decade, contracts have become longer, more complex and sometimes harder to negotiate as businesses have been keen to have the most protective contracts possible. Over time, businesses often build up multiple contract templates to ensure that every contracting eventuality is covered. But what if there could be a different approach?
This InfoPAK (now known as ACC Guides) provides a high-level overview of privacy rules and principles in Argentina.
In this resource, a summary of the most significant employment-related class action activity form 2021 is reviewed and explained.
This is a sample sales agreement between a hotel and corporation.
Taking a company public serves as one of the most exhilarating journeys that a corporate lawyer can embark on. Are you ready to step into the limelight?
In addition to ensuring FCPA compliance with international alliances already in place, Thomas M. Federico, of Dobbs International Services, Inc., provides a due diligence checklist for those international alliances yet to become a reality.
There is no doubt that negotiating and drafting cross-border commercial contracts bring with a number of challenges. What follows is a series of tips to help you navigate through some of these issues.
This article describes the problems that the European Commission's approach to the attorney-client privilege creates and what counsel should do to ameliorate those problems.
For in-house legal departments, relationships with Outside Counsel are integral to overall management of matters and outcomes. A solid relationship creates synergy and partnership; a dysfunctional one creates frustration and typically increases costs. One of the most common tools to enhance client/firm relationships is setting effective Outside Counsel Guidelines (OCGs). Read this article written by Brenda Hansen, Sr. Legal Operations Consultant, Epiq Legal Business Advisory, for tips on drafting effective and impactful Outside Counsel Guidelines.
This article provides analysis and insights into Australia’s digital health for 2021. There are a number of key issues germane to digital health that the piece examines with great detail, in addition to providing questions and answers for each one.
This article provides an overview of the Australian Government’s Cyber Security Strategy 2020, issued in October 2020. The article analyzes several of the 2020 Strategy’s key initiatives.
Last year, a Dallas federal jury cleared US billionaire entrepreneur Mark Cuban of allegations of insider trading. His trial lawyer and long-time counsel explain what made the case resonate with the jury. Among other things, jury research and selection play a critical role in any high-stakes trial.
The honorees for the 2019 Top 10 30-Somethings exemplify the best traits of ACC membership. They are all pioneers in their own unique ways – going above and beyond in their organization, assisting others in the in-house industry, and devoting themselves to their own individual communities.
For the most part, the acquiring side of the payments industry — which attends to merchants that accept credit and debit cards — has remained out of the public eye. However, in recent years, government actors have considerably increased enforcement actions against such processors in an effort to prevent businesses engaged in risky transactions from inadvertently harming the consumer. Here’s what to expect.
Messy desks rarely happen overnight, but those piles of papers can be prevented and tidied up with good habits. Follow this checklist for a cleaner and more organized workspace.
This report compiles research across 47 key territories worldwide to explore which of those territories have data residency rules and the potential for penalties where companies do not comply with these rules.
In February 2022, the European Commission adopted a proposal allowing the European Union (EU) to indirectly regulate the affairs of non-EU companies that do business in the EU up to specified thresholds. This resource is an overview of why South African companies that export into the EU should take urgent note of the developments.
This InfoPAK (now known as an ACC Guide) provides a "question & answer" guide to corporate crime, fraud and investigations in the United States. 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.
This resource provides an overview of patent regulations in Mozambique, with a focus on enforcement proceedings, licensing, and ownership.
This "How To" resource can help guide a legal department moving from predominantly hourly billing to alternative billing scenarios - with goals, planning, types, and key considerations.
This InfoPAK (now known as ACC Guides) provides a high-level overview and practical analysis for public procurement issues and procedures in France.
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