Many of us deal with compliance related to local governments and the politics that go along with it. Whether in connection with simple zoning and land use issues, massive public–private partnership deals or regional development agencies, a general counsel who ignores the impact of the local political environment does so at their company's peril. Knowledge of the law is one thing; being able to navigate the political waters is an entirely different one. In a mock public-hearing format using headlines and video from recent media, a diverse panel will conduct a highly interactive session to demonstrate the pitfalls of working with local government and offer practical solutions.
As organizations try to find ways to reduce carbon emissions and adopt more sustainable practices, template employment contracts are probably not the first place you would think to look. This article considers what changes you could make to template employment contracts to help meet your sustainability commitments.
The requirement to report on the gender pay gap came into force by way of the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017. It applies to companies with 250 or more employees. This article looks at different types of data that employers can use to publish their pay gaps and to outline the potential advantages that may arise from the report.
A new Qatar health insurance scheme is due to take effect in May 2022 that applies to all expatriates and visitors to Qatar. This article considers how the new scheme will operate, what this means for employers and the insurance market in Qatar, and the implications for non-registered foreign health insurers operating in the region.
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.
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.
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.
This presentation discusses aspects of keeping digital contracts.
This article analyzes the impact of the Supreme Court of Canada’s decision to affirm the super-priority of the security granted to a debtor-in-possession (DIP) lender, over a deemed trust created under provincial pension legislation, in the context of a Companies’ Creditors Arrangement Act (CCAA) proceeding.
The author recounts his search for a new position in the midst of the recession, imparting practical advice and lessons learned along the way.
In his first article as ACC's new Career Path columnist, Bjarne Tellmann discusses the most pressing topics relating to in-house counsel.
In this multi-jurisdictional guide, explore an overview of key legal issues, rules and developments regarding patents across a range of jurisdictions.
This letter brief filed with the US Court of Appeals- 9th Circuit on behalf of the Chamber of Commerce of the United States of America and ACC as amicus curiae supports the petitioner's request for a rehearing en banc. Among the issues for consideration is the issue of whether and to what extent the Securities and Exchange Commission ("SEC"), or any other governmental entity, can actively conceal from an individual whom it is investigating the existence of a parallel criminal investigation.
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.
No matter how severe the injury, willful misconduct is a designation used to encompass behaviors that, if engaged by an employee, can bar a workers’ compensation claim — leading to missed benefits and/or medical treatment. As a result, much of the onus falls on the employer to draft clear policies that establish discerning hiring practices and include regular training. Here’s how to protect your employee, and your company in the process.
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.
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.
Global business leaders provide unique strategies for how the in-house counsel of today can be better prepared to become the in-house counsel of tomorrow.
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.
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