Getting the Deal Through is delighted to publish the ninth edition of Arbitration, a volume in our series of annual reports, which provide international analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners and business people.
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.
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.
Sample Outside Counsel Billing Guidelines Contributed by ACC Legal Operations Members
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.
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.
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
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.
This Top Ten article addresses considerations for employers in states with medical or otherwise legal marijuana in the US.
Learn strategies for effective performance reviews in the in-house legal team.
Arbitration and mediation are effective ways to resolve internationals business deals in the OHADA region. This article provides an overview of the OHADA framework, including the benefits of using arbitration and considerations for enforcing awards.
India’s anti-corruption framework has been shaped by a complex mix of legislative, executive, and judicial efforts to curb pervasive corruption challenges.
This article delves into India’s anti-bribery and anti-corruption framework. It also offers practical guidance for organizations on enhancing compliance measures and mitigating associated risks effectively.
Navigating the complexities of a product recall can be challenging, but having a well-structured plan in place minimizes risks and ensures compliance.
In this checklist, we outline the six key steps every company should follow when faced with a potential recall—ranging from the initial determination of whether a recall is necessary to conducting a thorough after-action review. This guide can serve as a resource for any business looking to protect consumers and its brand during a recall event.
On Feb. 10, 2013, the Ethics Resource Center (ERC) released its biannual National Business Ethics Survey (NBES). The NBES is the most rigorous measurement of national trends in workplace ethics and compliance, and the most exacting longitudinal cross-sectional research effort in the field. Read the author’s take on the survey report.
This is a sample manufacturing services agreement between a manufacturer and customer.
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