A contract contains a forum selection clause in State X. Plaintiff brings suit in State Y, requiring Defendant to incur unwarranted fees and expenses. Will Plaintiff be required to pay Defendant’s attorney’s fees for breach of this seemingly miscellaneous provision? The answer may vary based on state law and the language in the contract. In New York, despite strong enforcement of the American Rule, courts have awarded attorneys’ fees for breach of miscellaneous provisions. In California, however, fees for breach of a miscellaneous provision may be denied if the fee-requesting party does not ultimately prevail. You will draft miscellaneous contract provisions from various jurisdictions for your fantasy contract and earn points based on the strength of your draft clauses, incorporating suggestions from the panelists. Earn the most points to be crowned best fantasy contract drafter.
Read this article for an overview of the Act and related rulemaking, and to learn how to cope with the changes wrought by the Sarbanes-Oxley Act of 2002.
In Hong Kong, investors may carry on businesses through various types of business<br />vehicles, such as sole proprietors, partnerships or companies.
Members of ACC's Litigation Committee share their experiences of how developing vital relationships early during their in-house career resulted in fewer challenges for them and their company. Discusses choice of outside counsel, budgeting for litigation, managing client expectations, building a litigation team and understanding your company's insurance coverage.
China is operating increasingly on a cashless basis, with the Chinese government posed to launch a digital currency called Digital Currency Electronic Payment (DCEP or “digital yuan”). This article provides a holistic overview and answers several key questions pertaining to the DCEP.
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.
The “Lummis-Gillibrand Responsible Financial Innovation Act,” lays out a bold agenda for legal reform across multiple regulatory regimes aimed at clarifying legal requirements for regulated entities to issue, trade, and provide services related to certain digital assets. This article provides a brief summary of 10 impactful provisions from the bill.
This guide provides corporate counsel and international practitioners with comprehensive jurisdiction-by-jurisdiction guidance to public procurement laws and regulations around the world.
This Wisdom of the Crowd, compiled from questions and responses posted on the ACC Small Law Departments and Law Department Management Committee eGroups, addresses the issue of disclaimer messages in company emails. The issues discussed include: I. THE DIFFERENCE BETWEEN "GENERAL COUNSEL" AND "CHIEF LEGAL OFFICER" II. TAILORING YOUR TITLE TO SPECIFIC LEGAL DUTIES III. CRITERIA FOR SENIOR COUNSEL
This Wisdom of the Crowd (ACC member discussion) addresses concerns and tips for managing attorney-client privilege in an open office environment, under US law. This resource was compiled from questions and responses posted on the forum of the Law Department Management and Small Law Department ACC Networks.
This initiative is dedicated to information exchange between competition agencies,
as part of its ongoing work on capacity building and international cooperation.
Insurance claims made in the wake of a disaster must be done quickly, but carefully, to maximize a company's recovery. Learn the best ways to document damage and claim the proper type of loss for maximum insurance coverage, and gain tips on working with an insurance broker and risk manager.
The National People Congress passed the Personal Information Protection Law ("PIPL") in China, effective November 1, 2021. This resource is an overview of the PIPL, including significant challenges it poses to companies' personal data practices.
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