This article considers how the duty of good faith impacts on the on-going relationship between franchisor and franchisee in the civil and common law traditions.
This issue contains articles on outsourcing, developments in merger remedies, and the communication of personal information on clientele outside Canada.
What doesn’t kill your review team will make them stronger. Stop relying on document search technology and temporary agencies and take back control of ediscovery. Not only will this eight-step process reduce your costs, but as your review team becomes better informed your litigation strategy will become more effective too.
This issue of Canadian Briefings includes: Can an Enterprise Communicate Personal Information on Clientele Outside Canada? by Cristine Carron and Kateri-Anne Grenier; A Perspective on Outsourcing by Richard Pearse; Recent Developments in Canadian Merger Remedies: Expediency Means, and Ends by Dany Assaf and Sarah McLean.
Your company has announced a merger. Most counsel will immediately start to assemble their factual and economic evidence and develop their best arguments to present to the agencies. Yet, equally important is developing a strong working relationship with agency staff. Here are some practical tips on how you can better communicate with agency staff in order to increase the chances that your company's deal will ultimately be approved.
Today, IP plays a crucial role in the sale or purchase of companies in almost every conceivable industry. This article will tell you how to assess the IP aspects of a proposed transaction, conduct and complete due diligence to the extent it affects intellectual property and draft the provisions of the purchase agreement relating to the transfer of intellectual property rights.
Reviews the reasons for compliance, considerations impacting placement of the compliance function, and varying approaches to creating a program. Then discusses the critical importance of measuring your program's effectiveness, and explores some tools to measure effectiveness and to tailor that measurement process for particular companies and stages of compliance.
A handbook regarding multinational business acquisition and integration. Key topics such as tax, corporate law, employment and compliance are considered and regional comparison tables summarize the main tax, employment and corporate aspects of integrations in more than 40 countries.
ESG considerations can play a key role in the restructurings of distressed businesses. This article examines what should be the ESG playbook for companies or insolvency practitioners implementing a restructuring.
The UAE issued new legislation to regulate the collection and processing of personal data in the country. In this article, learn the implications of this important development, which will be the first comprehensive federal data privacy law in the UAE.
This article provides key considerations for telehealth providers in mapping out how to deliver care on a multi-state basis in light of the Dobbs decision and related state legislation.
Learn about the implications of the US Supreme Court's decision of June 30, 2002, in the case West Virginia v. EPA.
Learn about 2024 revisions to China's Law on Guarding State Secrets, which may create new compliance challenges for businesses operating in China.
This is a sample policy for offsite records storage cost reduction strategies.
It has become increasingly easy for both small and large organizations to open up international business channels and source business operations worldwide. One area of increasing influence is the Middle East, particularly in the Gulf region. While those opportunities can prove to be beneficial to companies seeking to broaden global markets, they can also open the doors to predatory or other unscrupulous business practices orchestrated by scammers, creating legal headaches and wreaking havoc for those companies down the road.
This article provides a holistic overview of the need to create and register trademarks in the Greater China region. It also poses questions that should be considered before developing the trademarks, as well as exploring the various linguistic considerations that should be taken into account, due to the numerous oral dialects used through China.
On February 9, 2022, Oman issued national privacy legislation with the publication of a new Personal Data Protection Law. This article outlines the scope and key requirements of the new law, and considers its impact on organizations operating in Oman.
Irish competition law is set to be revolutionised in the coming months by the enacted Competition (Amendment) Bill 2022. This article provides the top 20 headline points with respect of the new provisions that will change the Irish competition enforcement regime and the Irish merger control regime.
In the modern business world, the qualified electronic signature is already a solid and largely equivalent substitute for the handwritten signature. This resource is an overview of the types of electronic signatures, and their legal and procedural effects in France and Germany.
This briefing discusses legal aspects relating to sustainable finance, and trends and developments that are relevant for financing sustainable development in focuses on Sub-Saharan Africa.
The Sarbanes-Oxley Act requires the audit committees of boards of public companies to establish procedures for the receipt and handling of whistleblower complaints regarding questionable accounting practices, including anonymous reports. This article explains the essential features of a compliant complaint procedure and offers a plan for guiding the audit committee through the implementation process.
During emergency events or routine spills, in-house counsel will need to understand the applicable reporting laws. Here's a practical checklist of key regulatory requirements to simplify reporting.
This is a sample group sales agreement involving a convention center.
The question and answer format of this article makes it an accessible, quick read for those looking to do business in Manitoba.
Despite your best efforts, there is always a possibility that an inspection from the US Occupational Safety and Health Administration will arrive on your company's doorstep. Don't be intimidated by the prospect. By having a pre-established understanding of OSHA and how its investigations impact company operations, legal departments can take preventative measures to mitigate the risk of a citation or subsequent litigation.
The Tax Laws and Jobs Act is the most comprehensive tax reform in 30 years. As such, reviewing existing international structures is critical for businesses to anticipate the impact of the Act on their global effective book and cash tax rates. Though legislative technical corrections and regulatory guidance might affect the Act, legal departments should not wait for such guidance before taking action.
Since 2011, the US Securities and Exchange Commission has received over 18,000 whistleblower tips, with 4,200 occurring in 2016 alone. The evidence is undeniable: Agency whistleblower and bounty programs are here to stay, and legal departments should invest in effective internal compliance programs to keep reports within the company and out of the newspapers.
Imagine receiving a request from your sales department to approve a possible client's non-disclosure agreement - an agreement that you must approve and sign in order for the client to meet with the department. While the NDA is quite similar to your own, it is missing specific terms and conditions and could therefore present some serious risks for your company. This article explores what in-house counsel can do to mitigate these risks.
When it comes to ediscovery, small and medium businesses (SMBs) tend to be at a greater disadvantage than large enterprises. And the risks of poorly managing data are not to be taken lightly: reactive cost burdens, monetary penalties and even default judgments. Learn to develop programs and policies that are applicable to your organization, and that will flex as it evolves over time. After all, the key isn’t perfection, but rather uniformity and consistency achieved through organization.
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