Search

Want to get involved with ACC? Here's how to contact your local network leaders.

This InfoPAK (now known as an ACC Guide) provides a "question & answer" guide to corporate crime, fraud and investigations in Brazil. 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 InfoPAK (now known as an ACC Guide) provides a "question & answer" guide to corporate crime, fraud and investigations in Germany. 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 order to bypass the hazards and strains of litigation, many have chosen to resolve conflict through mediation. this article offers tips on how to prepare for mediation, including strategies for selecting an excellent mediator.

A contract contains a forum selection clause in State X. Plaintiff brings suit in State Y, requiring Defendant to incur unwarranted fees and expenses. Will Plaintiff be required to pay Defendant’s attorney’s fees for breach of this seemingly miscellaneous provision? The answer may vary based on state law and the language in the contract. In New York, despite strong enforcement of the American Rule, courts have awarded attorneys’ fees for breach of miscellaneous provisions. In California, however, fees for breach of a miscellaneous provision may be denied if the fee-requesting party does not ultimately prevail. You will draft miscellaneous contract provisions from various jurisdictions for your fantasy contract and earn points based on the strength of your draft clauses, incorporating suggestions from the panelists. Earn the most points to be crowned best fantasy contract drafter.

This Wisdom of the Crowd, compiled from responses posted on the Intellectual Property and Small Law Department eGroups, addresses issues arising from contract clauses granting Buyer a license to use products he/she bought.

This ACC guide provides a Q&A that gives a high level overview of board composition, the comply or explain approach, management rules and authority, directors' duties and liabilities, transactions with directors and conflicts, company meetings, internal controls, accounts and audit, institutional investors and reform proposals in the United States.

Capitalizing on the importance of formal training for staff, a business focus, evaluating risks and rewards of litigation, and cutting costs, Brian Cabrera talks about how he leads his legal department - reducing nearly 50 percent of its spending.

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 multi-PAK provides a high level overview of the lending market, forms of security over assets, special purpose vehicles in secured lending, quasi-security, negative pledge, guarantees, and loan agreements. It covers creation and registration requirements for security interests; problem assets over which security is difficult to grant; risk areas for lenders; structuring the priority of debt; debt trading and transfer mechanisms; agent and trust concepts; enforcement of security interests and borrower insolvency; cross-border issues on loans; taxes; and proposals for reform.

Research shows that only 30% of digital transformation initiatives succeed in meeting their goals . The primary reasons? Employee resistance and a lack of change management. Read this article to learn more about how to handle collaborators' resistance to digital change.

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 discusses issues to consider when evaluating hybrid workplace policies and procedures.

There are many actions that the other party may take during a negotiation that, whether inadvertent or intentional, can serve to delay or derail the process if you don't respond properly. This article contains ten such scenarios, followed by some brief summary comments regarding how you may wish to respond in each instance.

Considering the distinctive aspects of a typical IT outsourcing deal, this article presents a top ten list of tips that you should consider when negotiating IT outsourcing deals, whether as legal counsel for the client or for the IT vendor.

This resource contains ten tips for dealing with recruitment-related challenges under Canadian law, and highlights key differences with the US legal system.

Savings is not a strategy. Imagine a CEO opening an earnings call by celebrating the money the company “saved” on deal counsel and due diligence by not moving forward with an otherwise strategically vital acquisition. The stock would crater because leadership would rightly be judged as majoring in the minors.

As a line item, legal spend is a minor consideration. Rather, legal spend is better characterized as a relatively small investment that enables the business to execute on what matters.

Legal spend should be dictated by business needs. Those business needs are only escalating with the explosion in legal complexity. The increasingly law-thick environment in which businesses operate is having a profound impact on corporate top lines, bottom lines, valuations, and strategic opportunities. Trying to save money on legal is myopic—and excruciatingly common.

This Top Ten sets forth ten questions that a company purchasing cloud services should ask the service provider when negotiating fees for a cloud services agreement.

This short article explains what types of licensing and procedures are required under Brazilian law in order to exploit natural resources, and the competence of each of Brazil's federative entities to issue licenses.

In this short article, find top ten tips to consider before you receive a notice from the US Consumer Financial Protection Bureau (CFPB) regarding an examination.
(Editor Note: On Oct. 17, 2022, the US Court of Appeals for the Fifth Circuit ruled CFPB's funding mechanism was unconstitutional. On Nov. 14, 2022, CFPB filed a writ of certiorari with the US Supreme Court requesting review of the decision in the 2022 term.)

This QuickCounsel provides an overview of Canada's Anti-Spam Legislation (CASL) and what it means for Not For Profit Organizations

The purpose of this article is to present a general analysis of the labor inspections that the Ministry of Labor and Social Welfare may perform in the workplaces and companies' sites in order to verify the compliance of the relevant provisions established in the Federal Labor Law, the regulation of labor inspections and application of fines, sanctions and other Mexican legal bodies.

This brief resource explores how to use trial technology to your best advantage by following ten tips.

An ever-expanding group of plaintiffs- are using the citizen suit provision of the Resource Conservation and Recovery Act ("RCRA") to address alleged regulatory violations, seek cleanup of wastes alleged to be causing an imminent and substantial endangerment, and pursue fee awards. Defendants should consider the following key questions when sued under RCRA's citizen suit provisions.

The purpose of this brief article is to summarize and provide context for some of the key issues raised by "work for hire" language in software development contracts, and to review some alternative mechanisms that parties negotiating such agreements might consider using to effectuate their intent in the United States.

This brief article explains the top ten considerations for your company to consider when choosing a spokesperson, purchasing a policy, and making a claim for coverage in the United States.

This brief overview (QuickCounsel) touches on those issues that are fundamental to most patent licenses and should at least be considered in the context of a patent license negotiation.

This Wisdom of the Crowd (member discussion), addresses company employees' use of iPads, smartphones, etc., and the implications of this use to issues concerning privacy, possible litigation, and labor laws involving nonexempt workers. This resource was compiled from questions and responses posted on the forum of the Employment & Labor Law ACC Network.