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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.

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.

The Gulf of Mexico oil spill generated an unprecedented volume of requests from litigants, Congress and governmental agencies—nearly 650 in a two-day period. The rulings of the district court and court of appeals, as well as the pending motions and appeals in the Macondo litigation, could dramatically impact the drilling and insurance industries. They present several issues of first impression with regard to jurisdiction, interplay between federal and state environmental law, liability under key federal environmental statutes, indemnity/risk allocation, fines and penalties, additional insured coverage and proper and ethical management of the hundreds of document and information requests in litigation and governmental investigations. Compliance is key. Parties and individuals who violate legal mandates will be held accountable. Learn how these rulings can be crucial to in-house litigators for crisis response and preparedness, and to transactional counsel who negotiate agreements within these evolving parameters.

This pamphlet answers questions often asked by people who think that they have suffered discrimination in employment under US law. It describes what the law covers, how to file a complaint, and typical examples of employment discrimination.

Putting in place an effective whistleblowing mechanism is an important component of good corporate governance. This article discusses ten of the most common traps that companies can fall into when investigating whistleblowing allegations.

This article analyzes how a copyright infringement may occur in Tanzania, the remedies available for copyright infringement and the legal penalties incurred if the Copyright Act is violated.

Learn five steps to reduce cyber risks during the crisis resulting from Russia's invasion of Ukraine.

Many foreign companies wish to conduct business in Qatar without establishing a presence of their own in the country. This article is a quick overview on what to be aware of when entering the Qatar market via a commercial agent.

The US Securities and Exchange Commission on March 6, 2024 adopted final rules requiring registrants to disclose certain climate-related information in registration statements and annual reports.

This high-level summary from Latham & Watkins outlines the disclosures required by the final rules, the key differences from the proposed rules, and new compliance dates.

This article summarizes the requirements of the ordinance the Chicago City Council passed in May 2022, that imposes new anti-sexual harassment requirements for employers located in Chicago. The new requirements went into effect on July 1, 2022.

Learn about the United Kingdom’s National Security and Investment Act 2021, which allows the UK government to screen a wide variety of transactions for national security purposes.

Learn the consequences and obligations for both the French company and the foreign company and its employees when performance of certain services is subcontracted to a foreign company under a subcontracting agreement.

Read this article to learn more about the impact on Implied Warranty claims handed down in the judgment in Momax, LLC v. The Rockland Corp.

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.

In-house counsel risk losing attorney-client privilege because of technicalities existing in state registration rules. Gucci America, Inc. v. Guess?, Inc. illustrates this scenario — vaguely worded qualifications cost one company its counsel and one employee his career. read this article to learn how and why you might run the risk of losing your privilege.

This Memorandum describes the proposed “package” of amendments to the Federal Rules of Civil Procedure which are now pending before the Supreme Court.

This session will focus on the creation of a strategic plan that establishes the law department as a creator of value in addition to delivering superior service of core legal functions. Starting with how a legal department can create strategy that delivers a financial benefit to the company, as well as moving the function to becoming a cost-neutral function, and in some circumstances, a positive financial contributor to the company. The program will review different law department structures and current trends in how to optimize your structure, align with your business, build an inclusive law department, and assess how to optimally source and staff work internally for different tasks to achieve your strategic goals. This program is designed to benefit every corporate attorney, from the entry-level associate to the experienced general counsel, as it argues for a less traditional perspective of the legal department within the modern corporate structure.

This article discusses the importance of having a tight contract as evidence by Ohio Savings Bank v. Manhattan Mortgage Co., Inc.

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.