Loan covenants, mergers and acquisitions, and raising capital for health care providers and other entities may be impacted by new restrictions as a result of the US Supreme Court's Dobbs decision. This checklist can help you determine the impact of those potential restrictions.
Poland's Ministry of Family and Social Policy published a new draft of the Whistleblowers Act on 12 April 2022. Learn about the key changes, including a new definition of whistleblower, anonymous submissions, internal notifications, data protection, criminal penalties, and more.
Canada's Bill C-27 updates Canada's federal private sector privacy law (PIPEDA), and re-works the Digital Charter Implementation Act (C-11). This article summarizes details of the new bill and highlights and compares certain provisions with C-11.
Following the recent Supreme Court decision in Dobbs v. Jackson Women's Health Organization companies have considered giving assistance in accessing abortion services. This resource highlights some legal considerations for employers as they decide whether and how to provide these benefits.
Learn about the United Arab Emirates' Federal Decree Law No. 33 of 2021 on Regulation of Labour Relations, which introduced changes regarding unlimited term contracts, leave entitlements, end of service gratuity, restrictive covenants, and notice provisions.
Breaches of patient privacy/security are considered the number one risk for liability in the healthcare industry today. Control over patient information in today’s society is becoming ever increasingly difficult with the expanding use of electronic health records, personal health records and social media, plus the advent of Health Information Exchanges. Outsourcing of healthcare operations provides additional risk, especially the enforceability of patient privacy/security law when patient information is sent outside the US. Unfavorable media, government enforcement, class action litigation and identity theft all pose a constant concern to in-house counsel, and vendors themselves are now at greater risk of liability with penalties now imposed on business associates. This panel will provide an overview of the principal federal laws & regulations concerning privacy/security (HIPAA/HITECH/Red Flags), their interaction with select state laws, international laws (EU Data Protection), and practical ways to minimize risk and keep patient information private and secure.
The last time one of your employees left you for greener pastures, you couldn't say enough wonderful things about her to potential new employers. But this time is different. Where is the line drawn between giving an honest evaluation of an employee and defamation of character? Discover what you can say about employees (and to whom) without landing yourself in hot water.
Highly dispute-savvy companies have mean internal legal department budgets that are 40 percent lower than the least dispute-savvy companies, according to a landmark 2003 study by the American Arbitration Association. New research reveals that dispute-savvy companies focus on maximizing business performance, preserving relationships with customers, employees, business partners, and suppliers, and preventing—or at least minimizing—disputes and their impact. Learn what leading practices they use in this article.
This article lists the nine unique challenges that may arise post-closing after a U.S.-based entity acquires a business operating outside the United States.
This is a sample purchase agreement between a company and vendor.
Reengineering the Legal Function, by Mike Roster
This is a sample contract between an advertising agency and advertiser.
This session will enable in-house counsel to effectively respond to the need for a large-scale contracts remediation effort. This need may arise as a result of a regulatory enforcement action, such as after a US Foreign Corrupt Practices Act violation has occurred, or after a change in regulation, such as when the EU declared the Safe Harbor framework to be invalid. While these efforts tend to be reactive in nature, panelists will pinpoint best practices for proactively identifying all business relationships and collecting and warehousing the associated documentation so that the company will be prepared to respond if needed. Panelists will present case studies of remediation projects, whether undertaken expeditiously under the watchful gaze of a monitor or over time in response to a change in regulation, or after the merger or divestiture of a key supplier.
A brief overview of organizations' obligations to protect personal data in whistleblowing processes, after the European Directive 2019/1937 (Whistleblowing Directive) came into force on December 17, 2021.
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.
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.
Rulings on attorney-client privilege and the work product doctrine occur daily in the federal and state courts. New law is continually being made on the scope of these protections for companies and their counsel in areas like internal investigations, the legal vs. business advice distinction, the crime-fraud and fiduciary exceptions, subject-matter and at issue waiver, the common interest and joint client exceptions, global privilege issues and intra-law firm privilege. In a Jeopardy! format, this interactive presentation will examine the latest developments in privilege law as well as the professional ethics rules governing confidentiality (i.e., ABA Model Rules 1.6 and 1.13) — including cases in which ACC has weighed in as amicus — and recommend best practices to preserve the attorney-client privilege and the confidentiality of work product.
Read our interview with ACC Board Member, Gary Cohen, on his best practices and techniques for using the talent around us, both in-house and outside, and using the best legal practices of others.
Meaningful, effective, and enduring diversity, equity, and inclusion (DEI) initiatives require an organization-specific approach. Learn about how inclusive leadership, structural changes, and psychological safety are critical to the success of DEI initiatives.
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