This article discusses the SEC’s proposed rule on climate-related risks includes amendments to both the financial reporting requirements (Reg S-X) and the narrative disclosure requirements (Reg S-K). The proposal interlinks the new requirements, drawing aspects of the required narrative disclosures into the financial statement.
Recently amended DGCL Section 102(b)(7) allows Delaware corporations to provide officers with exculpatory protections for personal monetary damages resulting from a breach of fiduciary duty in certain actions. While the protections are subject to limitations and not as broad as those provided for directors, the amendment addresses the historic disparate treatment of officers and directors in class action litigations.
In June 2022, the US Supreme Court resolved an important issue regarding international arbitrations by ruling that, contrary to two previous appellate court rulings, a U.S. statute that authorizes federal courts to order discovery “for use in a proceeding in a foreign or international tribunal” does not apply to proceedings in foreign and international arbitrations before private adjudicatory bodies.
On July 1, 2022, the amendments to the Regulations and Rules of the International Centre for Settlement of Investment Disputes (“ICSID”) entered into force. This article summarizes and comments on the key changes. The 2022 ICSID Arbitration Rules apply to ICSID arbitrations commenced on or after July 1, 2022.
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.
Corporate crises, by their very nature, can severely disrupt a company and jeopardize its future.
K Royal, CIPP/US, CIPP/E, is global privacy counsel at Align Technology and has over 20 years of professional experience in the legal and health-related fields. Royal has a particular interest in the relationship between health and technology, such as telesurgery, bioethics and privacy. As an attorney, she has been recognized as a Forty-under-40 honoree for Phoenix, an educational leader through the YWCA and one of the top pro bono attorneys in Arizona. With ACC, Royal is a member of the San Francisco Bay Area Chapter, and serves as a leader with the Health Law Committee as publications chair, as chapter relations chair and as co-chair of the healthcare privacy subcommittee. Royal is a graduate of the Sandra Day O’Connor College of Law at Arizona State University and is currently finishing her PhD in public affairs at the University of Texas at Dallas.
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.
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.
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.
The article consists of a series of brief hypotheticals that will provide the framework for a discussion of various ethical and professionalism issues likely to be encountered by attorneys representing corporate clients that are facing a critical time in their business operations. The article also includes references to and summaries of ethical rules, opinions, orders, and commentary that may prove useful in analyzing the obligations and responsibilities under Sarbanes-Oxley.
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.
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