Following the largest legal reform in the country’s history, the UAE government announced the introduction of federal corporate income tax. In this article, you will look at how structures and deals will be impacted by corporate tax and what UAE businesses should be aware of.
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.
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.
The Association of Corporate Counsel (ACC) Australia Trends Survey examines the practices, trends and changes in the in-house legal profession. Conducted annually, the ACC Australia Trends Survey is issued to all members currently working in-house, with the 2016 survey gathering responses from 303 in-house counsel operating in Australia.
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.
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.
This article addresses what can be done once a company is served with a class action lawsuit.
The respondents overwhelmingly question the integrity of their leaders and perhaps with good cause. The survey reveals that many employees would accept fraud and corruption in the work place in order to survive the current economic storm and indeed senior management are even more likely than rank and file to condone activities such as cash bribes and financial statement fraud.
Faced with looming sanctions and hefty fines, in-house counsel should carefully review the new Occupational Safety and Health Administration (OSHA) provisions in order to maintain a commitment to compliance.
Options backdating is to CLOs as financial restatements were to CFOs. And in both situations, it's not pretty. Those of us who are even semiconscious have noticed that the CLOs are taking the fall in the options cases. Why and how bad is it? Read John Villa's article on this matter.
Review key provisions of the FCPA, UK Bribery Act, CFPOA, OECD, Brazil’s anticorruption law and others; highlight the extraterritoriality of each regulation and the impact on global businesses, incorporating recent enforcement actions; explore the local responsiveness vs. global efficiency debate, and how cultural norms impact the effectiveness of corporate compliance programs; and Discuss practical approaches to understanding and mitigating risks. (Topics of interest may include screening suppliers, distributors and agents, and drafting, maintaining and enforcing contractual provisions.)
Part I of this article briefly reviews the changes to the United States patent system in the past 35 years. Part II discusses the pendulum swings between perceived overprotection and perceived underprotection and the concerns lawyers have raised in both directions. Part III presents evidence of the resilience of the patent system. Part IV offers some possible explanations for this surprising result.
This InfoPAK provides essential legal and practical advice about cloud computing and its increasing use in the health care industry. It explores in depth the primary legal risks associated with hosting and accessing clinical data in the cloud computing environment, including the privacy and security issues associated with the use of cloud technology. Also included in this InfoPAK is a comprehensive discussion of cloud computing contracting issues, strategies for successfully negotiating cloud agreements, and sample contract provisions for “best practice” solutions. This InfoPAK also provides valuable checklists and tools to guide health care organizations in negotiating cloud computing agreements.
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.
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.
This is a sample letter of agreement between a hotel and company.
The law and technology - a panel interview with four in-house counsel including Chaman Sidhu, David Bushby, Vered Keisar and Luke O’Sullivan.
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.
Show results exclusively from the ACC Resource Library with customizable filters