On September 15, 2022, US Deputy Attorney General Lisa Monaco issued a memorandum outlining further revisions to the US Department of Justice’s (DOJ) criminal enforcement policies and practices. This article discusses DOJ’s two foundational expectations: prompt and transparent corporate self-disclosure and cooperation, and individual accountability.
Florida's "Stop WOKE Act” (HB7) restricts employers from requiring diversity training that “espouses, promotes, advances, inculcates, or compels [employees] to believe” certain prohibited concepts related to race, color, sex or national origin." While Florida's law is the first of its kind, there is speculation that other states could adopt similar legislation in the future.
More and more, boards of directors in the financial sector are required to assume responsibility for the organization’s risk management, a responsibility edging ever closer to actual managerial responsibility. This interactive session will provide in-house counsel with the tools they will need to educate and prepare the board to take on this responsibility. Discuss increased responsibility of the board in the financial sector in the areas of risk management — edging closer to a managerial responsibility. Learn how to handle risk management within the organization (i.e., responsibilities of parties, reporting lines, etc.) and identify new risks on the horizon. Understand what boards wish to hear: what information to and not to share with your board, and the risks associated with doing so. Learn how the new SEC and FINRA reporting requirements should impact your board advice regarding cyber threats. Discuss the Board's role in managing operations in emerging markets.
This article discusses the US Drug Enforcement Agency's (DEA) new regulation temporarily extending the “full set” of COVID-19 waivers for prescribing controlled substances via telemedicine.
Originally published by Foley & Lardner LLP on May 11, 2023.
Transactional legal opinions, whether for financings, mergers and acquisitions or securities deals, require lawyers to draft tens of pages to opine on matters that take half a page. Why the assumptions? Why the qualifications? Why the trouble? The panel will review and discuss standard structures to legal opinions, what to request when you are the addressee and what to avoid when drafting. Should in-house lawyers provide opinions? What deals should you never opine on? The panel will give its opinion on opinions to further your opinion.
Corporate crises, by their very nature, can severely disrupt a company and jeopardize its future.
While a corporate legal department may not be the ideal environment to foster a balance between work and life is it even possible to achieve? Here, the authors look at the obstacles standing in the way of in-house counsel attempting to strike that balance in order to find out if work/life balance is in fact possible to find or if it is merely a myth.
This paper, written by the presenters of Annual Meeting Session 105 - Canada's Anti-Spam Law and How It Affects Your Business, discusses in detail, how to prepare your business for Canada's Anti-Spam Law "CASL".
With a 500 percent increase in international corruption-related global resolutions over the past two years, corruption remains a top-of-mind risk for your management and board.
No matter how severe the injury, willful misconduct is a designation used to encompass behaviors that, if engaged by an employee, can bar a workers’ compensation claim — leading to missed benefits and/or medical treatment. As a result, much of the onus falls on the employer to draft clear policies that establish discerning hiring practices and include regular training. Here’s how to protect your employee, and your company in the process.
Read this 2012 Apex Award-winning article! What personality type is ideal for an in- house attorney? Using the Caliper Profile, the authors evaluated the personality traits of each member of a global legal team. Did the results favor the empathetic and flexible, or the disciplined and focused? Read this article to develop your perfect legal personality.
Declaratory judgment jurisdiction law is not what it used to be. Recent changes have complicated patent license negotiations but this article, which presents viewpoints from both sides of the issue, investigates protective measures that attorneys can take to both minimize risks and maximize chances of benefiting from the newly reformed law.
Your company recently made a strategic acquisition. Now, the CEO has advised you that he and the board have decided to divest and sell the European subsidiaries in order to focus on the group’s core business. As general counsel, you must prepare a share purchase agreement for each subsidiary, and local law governs M&A in every country. What do you do?
Corporations are not only responsible for protecting consumer data, but also for safeguarding the medical data of its employees. This could prove difficult considering the spectrum of employee medical records, and the importance of maintaining privacy. Familiarize yourself with the laws and regulations, and ensure your confidence when identifying, managing and distributing such sensitive information.
A license agreement that reflects US antitrust law should be simple and straightforward. Like a well-tailored suit paired with classic pumps, it needs no frills or adornments. This article provides an overview of the primary US antitrust statutes applicable to licensing, and recommends drafting approaches to commonplace competition considerations for license agreements.
Global business leaders provide unique strategies for how the in-house counsel of today can be better prepared to become the in-house counsel of tomorrow.
While minority and female representation in the legal community has increased in recent years, the numbers are still lagging. But there are several key steps corporate counsel can take to retain, develop, and promote diversity among in-house counsel.
This is a sample letter of agreement between a hotel and company.
A strong and effective compliance program can be crucial to persuading the prosecutor that your company does not deserve prosecution. If your program is like most programs, the prosecutor is likely to treat it skeptically. Most compliance programs are designed to help prevent an attack, not to help defend the company when authorities raid the company. This article will show you how to strengthen your compliance program against that day.
The law and technology - a panel interview with four in-house counsel including Chaman Sidhu, David Bushby, Vered Keisar and Luke O’Sullivan.
The ACC Australia Trends Survey examines the practices, trends and changes in the in-house legal profession. ACC Australia has developed this report with the support of our Corporate Alliance Partners.
Companies of all sizes are engaged in an effort to make Environmental, Social, and Governance (ESG) factors a part of their businesses in both vision and practice. The impact of personnel policies and practices extend far beyond the “S” portion of ESG. This resource outlines five personnel policies and practices to consider when assessing company ESG priorities and goals.
With borderless talent to choose from, employers must act quickly to secure the talent they want. But rules and expectations surrounding employment are unique to each country. In this article, learn the differences to take into account when hiring workers in other countries.
In this article, learn five best practices that shareholders, customers, and ESG rating agencies focus on when assessing a company’s ESG fitness as it relates to data privacy and security, and the steps companies can take now to improve their compliance posture in this important area.
A new Labour Law went into effect on February 2, 2022, overhauling labour relations in the UAE. In this article, learn key changes that affect companies and what they need to consider, including changes made to gratuity, employment contracts, employer policies and flexible work patterns.
On Aug. 5, 2022, the US Court of Appeals for the Federal Circuit in Thaler v. Vidal ruled that an artificial intelligence (AI) system cannot be listed as a named inventor on a patent application, affirming the United States Patent and Trademark Office (USPTO) and US District Court for the Eastern District of Virginia rulings. The Federal Circuit concluded that the Patent Act requires an “inventor,” as defined in Section 100(f), to be a “natural person."
Strict liability will be imposed by the UK’s Office of Financial Sanctions starting June 15, 2022, on individuals or companies for violations of the UK’s sanction measures, regardless of whether the individuals or companies knew or should have known they were violating the sanction measures. In this article, learn about the new strict liability offenses and what can be done to manage them.
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