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This memo describes the ATP decision, the opportunity that some perceive that it presents, some concerns the decision raises, and the proposed legislation’s efforts to establish balanced corporate policy in light of these issues.

In April 2007, the IRS issued the final regulatory guidance on Section 409A. However, the 397 page document only brought up more questions than it answered. This article provides a guide to tax code Section 409A and highlights the new deferred compensation rules for in-house counsel.

This is a sample agreement for telemedicine services.

In this article, explore Mark Roellig's, chief technology and administrative officer of Massachusetts Mutual Life Insurance Company, words of wisdom he's experienced over his long and evolving career.

This is a sample real estate purchase agreement.

This panel discussion will focus on what falls within the scope of a conflict of interest, both legally and ethically; how conflicts should be managed generally; and the special challenges of handling them in a global environment where there may be differing views as to what constitutes a conflict of interest. The panel will also address conflicts in the context of government work including the rules and regulations applicable to government contractors and former government officials moving into private industry.

Before shredding that belligerent letter, make sure you won’t be destroying your chance to avoid a lawsuit. The Consumer Legal Remedies Act (CLRA) requires consumers who seek to recover damages to send a written demand and wait 30 days before initiating action. Defend yourself preemptively by knowing how to identifying demand letters and understanding the CLRA.

Without complicated stimulus bills or other governmental prodding of their economies, China and India stand to become the collective antithesis of American recession. How will their free markets play a part in the rebuilding of global finance? Readers of this article will better understand the present and predicted standings of these potential powerhouses.

The Purpose of this Agreement is to set forth the rights and obligations of the Parties with respect to the exchange, protection, and disclosure of Proprietary Information, as defined in paragraph 5 of this Agreement, which may be disclosed by one Party to the other in their meetings, discussions, and/or submittals concerning the Business Purpose.

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.

This guide provides corporate counsel and international practitioners with jurisdiction-by-jurisdiction guidance to environment and climate change laws and regulations around the world.

Issue covered include environmental policy and its enforcement, environmental permits, waste, and liabilities.

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 updated InfoPAK will provide in-house counsel with information on basic US Occupational Safety and Health Administration (“OSHA”) compliance and how to handle an OSHA inspection. OSHA is particularly aggressive from an enforcement standpoint and employers must be prepared to respond effectively to an OSHA inspection or 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.

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.