This article deals with the case Republic of Argentina v. NML Capital: Discovery and the Foreign Sovereign Immunities Act.
This short article summarizes ten key areas where in-house counsel may consider the use of data analytics either as a solely in-house measure or in connection with engagements with outside counsel.
The job of in-house counsels have become more global and fluid, but ethics laws — on privilege, right to practice, and even technology — often still read like they come from dusty books left over from the 19th century. Focusing, in part, on the recent work of the American Bar Association's Ethics 20/20 Commission, this panel will discuss what in-house counsel need ethics rules to address, to allow them to practice law in ways that are as fluid, global, and technologically savvy as their companies.
The main purpose of the Open Skies Agreements is to deregulate certain areas of the air transport industry in Brazil and, consequently, encourage the market to work freely, which causes various effects in liberalized markets.
In the United States Occupational Safety and Health Administration (OSHA) citations can be deceptive. Even when the proposed penalty in the citation appears to be insignificant, the citation can still be end up being extremely costly. Employers should evaluate the potential financial impact the OSHA citation could have on their company, and from that evaluation, decide whether to challenge the citation or settle it on a reasonable basis. This article will outline the major issues that each employer should consider in evaluating the full financial impact of a citation upon the company.
Due to the potential of costly civil liability, employers should be proactive in preventing and responding to whistleblower retaliation claims. This Quick Overview will provide information as to create an encouraging, positive compliance culture, conducting effective investigations, and instituting some best practices to avoid and, if necessary, defend against claims of retaliation.
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 Jersey.
This InfoPAK (now known as ACC Guides) provides a Q&A that gives a high level overview of the main trends and significant deals in French construction plans.
Corporate crises, by their very nature, can severely disrupt a company and jeopardize its future.
This report comes at a time when many employers are unclear about their obligations under the Americans with Disabilities Act (ADA). In particular, companies struggle to understand when a leave of absence is a necessary and reasonable accommodation vs. when other actions can or should be taken.
This is a Forbes article addressing how crowdfunding has changed real estate investing.
Regardless of whether you are new to the practice or just new to an in-house role, this article provides a general overview of the practice of United States (US) securities law from a public company in-house counsel perspective. It encourages in-house counsel to expand their knowledge of the federal securities laws and the areas that are integral to the practice – including governance and compliance.
This article identifies the complexities and potential pitfalls of the relationship between in-house and outside counsel in litigation and suggests strategies that in-house counsel can use to manage the in-house/outside counsel relationship effectively and accomplish the corporation's goal of successful dispute resolution. This article also includes a handy checklist.
This edition of the Canadian Briefings contains: an in depth look into how the legal department at the Royal Bank of Canada handles internal investigations, a review on Canada's new two stage merger review process, a look at privacy laws and regulations around the globe and a Canadian Roundup with a focus on the concept of service.
511 - Use of Nonlegal Managers to Perform Legal Functions
This report examines (1) the representation of women on boards of U.S. publicly-traded companies and factors that may affect it and (2) selected stakeholders’ views on strategies for increasing representation of women on corporate boards.
This InfoPAK (now known as an ACC Guide) provides a "question & answer" guide to corporate crime, fraud and investigations in Switzerland. 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 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.
United Airlines Business Code of Conduct. Includes policies on ethics, work environment, customer relations, business partnerships, conflicts of interest, and company assets.
Discusses five prescriptions in the form of action steps and suggestions to stimulate practical global-type thinking and the pursuit of the legal logic of globalization.
Singapore is a major center for trade relationships with other Asian countries as well as the rest of the world. Its familiarity with the English language, the English legal structure, and its high regard for the rule of law and ease of doing business make Singapore an attractive location for Western companies seeking to establish a presence in Asia. This program will explore the advantages and disadvantages of centralizing Asian operations and trading relationships in Singapore. It will examine the organizational structures that are available in Singapore and other practical issues relating to establishing a business presence in Singapore, including hiring staff and protecting intellectual property. The panel will also consider the impact of using a Singapore entity in cross-border commercial arrangements, including considerations regarding choice of law and dispute resolution options.
Does your external counsel ever come across as disconnected? Many law firms desire a deeper understanding of their clients' business operations, structure and ways of working. Many businesses, in turn, wish that their external counsel had a clearer appreciation for the issues impacting their operations, were up to speed with their current business activities and initiatives, and were more closely attuned to their corporate culture. Introducing a secondment program is a great way to achieve many of these goals.
Legal Research training specifically designed for in-house counsel - presentation held in Sydney on 6 May 2015.
Listed entities should familiarise themselves with the recent changes ASX has made to Listing Rules and Guidance Notes, particularly in relation to disclosure and capital raising.
This resource contains a list of useful benchmarking resources as it pertains to the 2012 ACC Annual Meeting Session 1105.
This is a sample LLC operating agreement between members of a Virginia Limited Liability Company (LLC).
Too much email? The sheer volume is a distraction. Below is a system to reduce the volume of email received, triage the remainder, and eliminate much of the unnecessary waste associated with a full inbox. It is a system, not magic. It will require some effort. But it will be worth it. The system has two components. Though they are complements, either alone should prove useful in improving your Outlook.
This article analyzes data from the FTC’s and the DOJ’s review of mergers over thirty years, from 1981 through 2010, for correlations to shifts in political administration.
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