Search

How can you determine the value of outside legal counsel, in the United States, before paying the bill? Under the right circumstances, a request for proposal (RFP) allows a company to preview what solutions outside counsel may offer, and on what basis. Read this article for some basic guidelines regarding RFPs and determine which firm meets your needs.

STATEMENT OF THE AMERICAN BAR ASSOCIATION
to the
COMMITTEE ON JUDICIARY
of the
UNITED STATES SENATE
concerning its hearing on
"EXAMINING APPROACHES TO CORPORATE FRAUD PROSECUTIONS AND THE ATTORNEY-CLIENT PRIVILEGE UNDER THE MCNULTY MEMORANDUM"


SEPTEMBER 18, 2007

An exploration of corporate employee wellness programs, highlighting the benefits and challenges employees face when developing such programs. It examines both mandatory and voluntary employee wellness programs, and discusses how to successfully design each type.

Unless You Ask: A Guide For Law Departments to Get More From External Relationships

Governments and regulators have struggled to keep pace as new digital asset classes and other blockchain applications have risen to prominence. This regulatory uncertainty has caused confusion in the markets and impeded greater adoption of distributed ledger technologies in the United States. However, on June 7, 2022, US Senators Kirsten Gillibrand (D-NY) and Cynthia Lummis (R-WY) introduced the Responsible Financial Innovation Act (RFIA), the first major piece of US federal legislation to provide a reasonably comprehensive regulatory framework for digital assets. This article discusses the most significant provisions of the RFIA.

The Protected Disclosures (Amendment) Bill 2022 ("the Bill") was recently published and is making its way through the Irish legislative process. The Bill has been introduced to transpose the EU Whistleblowing Directive. This resource is an overview of some of the key provisions of the Bill and their implications for employers, including a requirement for private sector employers with 50 or more employees to establish formal channels and procedures for the making of protected disclosures.

If your life is a whirlwind of business lunches, late hours, and airplane food, try letting a little calm into the storm. Consistent exercise will give you better health, and the focus you need.

In this ACC Leading Practices Profile, learn from the corporate social responsibility programs of five organizations. Understand how their approaches integrate social and environmental imperatives into business operations and interactions with stakeholders.

This is a sample mergers & acquisitions (M&A) due diligence checklist – data protection

This interactive session will explore the intersection of global corporate citizenship and engagement within a legal department, paying particular attention to how global pro bono can be used as a tool to stimulate and engage experienced and knowledgeable legal staff.

This is a sample information governance communications plan.

Pro Bono, as we know, refers to work undertaken voluntarily and without
payment, as a public service. As in-house lawyers, we are ideally suited to leverage our skills to provide services to those who are unable to afford them; to have a direct impact on those in need.

Among lawyers in Argentina, it is especially common to use the term “doctor” to refer to other colleagues. It is also common for clients to address their lawyers as doctor. Read this article to learn more about in-house life in Argentina.

This is a sample contract review and approval policy.

This is a sample internet use and social networking policy.

The session will operate at two simultaneous levels. First, the tables (companies) in the room will comprise a market and will need to make strategic choices to deal with market-wide developments. Second, because each person at the table will represent a different member of the management team, participants will need to work together to make good decisions.

This presentation is on the Paint and Coatings Industry experience.

This article is a big data in employment case study for discussion.

A graphic to promote the value of and generate interest in a department’s Knowledge Management program.

Before meeting with outside counsel to develop principles on certain conflicts of interest issues, review the basic legal and ethical principles on: (1) former client conflicts, (2) corporate family conflicts, (3) waivers of future conflicts, and (4) accommodation clients.

This session will focus on how to establish a small local or regional law office of a multinational company. Processes including organizing and structuring a department, policies and procedures, oversight, and contract management will be addressed.

This is a comprehensive tutorial and guide on copyleft and the GNU general public license.

In response to Russia invasion of Ukraine, the United States and dozens of its allies and partners around the globe have imposed what the White House has called, "the most impactful, coordinated, and wide-ranging economic restrictions in history." This article (1) provides an overview of OFAC sanctions jurisdiction and circumvention prohibitions, (2) summarizes recent Russia sanctions, (3) provides a synopsis re sanctions evasion through cryptocurrency, (4) highlights existing US regulatory guidance regarding sanctions evasion through cryptocurrencies, and (5) recommends measures that persons and companies may wish to consider to mitigate the risk of sanctions violations.

The US Supreme Court has long been skeptical of novel proposals by federal agencies to address issues of vast economic and political significance. In West Virginia v. EPA, the Court made clear that its past cases reviewing novel applications and interpretations of agency powers do constitute an identifiable “doctrine” for application by courts going forward. When an administrative agency makes a “major policy decision,” it must have “clear congressional authorization” to do so. This case may represent one of the Supreme Court’s most significant administrative law decisions since Chevron U.S.A. Inc. v. Natural Resources Defense Council in 1984.

On June 13, 2022, the US Supreme Court resolved a long-standing circuit split holding that broad U.S.-style discovery under 28 U.S.C. § 1782 is not available in private foreign arbitrations. In the past decade, litigants in international arbitrations had been trying to use section 1782 more frequently to obtain comprehensive discovery that would otherwise typically be unavailable in arbitration abroad. While the Supreme Court has ostensibly put an end to that practice, the possibility of further litigation over section 1782 remains, as parties are likely to test the boundaries of the Supreme Court’s decision.

On May 26, 2022, the US Department of Commerce, the Bureau of Industry and Security (BIS) issued a final rule, finalizing changes to License Exception Authorized Cybersecurity Exports (ACE) and making related changes to other sections of the Export Administration Regulations (EAR). These changes include narrowing of exceptions for end use restrictions applicable to certain government end users in Cyprus, Israel, and Taiwan under License Exception ACE and addition of new end use restrictions for License Exception ENC (Encryption Commodities, Software, and Technology).

The New Labour Law (33/2021) and its implementing Regulations (together the “New Laws”) were introduced in February 2022. They apply to all private sector employers in the United Arab Emirates (“UAE”) with the exception of employers within the Dubai International Financial Centre (“DIFC”) and Abu Dhabi Global Market (“ADGM”) financial centre free zones. The New Laws represent the biggest change in the employment law landscape in the UAE for 40 years and while there will be continue to be a period of time over which the Courts will test and probe the New Laws, HR practitioners, business owners and legal counsel with responsibility for people related matters in the UAE need to be familiar with the changes and, critically, ensure compliance.

On July 15, 2022, China’s antitrust authority SAMR announced a three-year pilot program beginning August 1, 2022 to delegate the review of certain simplified-procedure merger filings that the agency currently handles on its own, to five of its local branches (“AMRs”) in Beijing, Shanghai, Guangdong, Chongqing, and Shaanxi. Each of the five local AMRs will be responsible for a specific geographic area (“Territory”) within China. This article discusses this first step to implement China’s “categorized and classified” merger control review regime under the new Anti-Monopoly Law.

In July 2022, the sponsors of the Uniform Commercial Code (“UCC”) approved wide-ranging amendments to the UCC (“2022 UCC Amendments”) to provide workable rules for emerging technologies, such as distributed ledger technology and virtual currency. If adopted by individual state legislatures, these amendments should provide greater certainty regarding the rules governing security interests, competing claims, custodial risks, and other issues associated with digital assets. This article provides a high level summary of selected aspects of the 2022 UCC Amendments that may be of particular interest to financial market participants.