If you’ve been a litigator on the outside, welcome to a whole new ball game. As in-house counsel, your focus is not just on getting those pleadings filed, but also implementing litigation holds, managing outside counsel, conducting investigations, analyzing your position, determining strategy, and much more. And it is not just about conducting the litigation. It is also about taking steps and creating programs to avoid litigation, performing cost benefit analysis and risk assessment to determine whether to get in, stay in, or get out, and conducting a thorough post mortem of each case so that you acquire a very long educational list of “lessons learned” that will direct you in the future. Come learn from our panel of experts who have “been there, done that.”
This survey is a self-proclaimed 'work in progress' which will continue to be updated by the Pro Bono Institute. It covers 43 jurisdictions in Europe, Asia and the Pacific region, the Americas, Africa, and the Middle East.
The cost of living crisis is a challenge that most people are facing. The double impact of rising inflation and interest rates an be crippling for many. Not only do these challenges impact peoples’ pockets but they can also have a negative impact on work performance, morale and engagement in the workplace. In a recent YuLife survey, conducted in partnership with HR Ninjas, 91% of HR professionals said that they felt a responsibility to help. It is in this context that this article sets out how, as an employer, you can provide support to your workforce.
This informative presentation addresses the question of whether your company needs a compliance program, what makes an effective compliance program, and what compliance obligations apply to your company.
Let’s face it: legal disputes take longer than they should — leading many to turn to Alternative Dispute Resolution (ADR) strategies to ease the process. But do ADR practices (e.g., arbitration and mediation) present a viable solution to inefficiency?
Unlike current global trends, US patent applicants are facing an increasing requirement to disclose all prior known art to the US Patent and Trademark Office. With this in mind, in-house counsel must strengthen due diligence practices. Here’s what to expect.
On the heels of the public and congressional criticism that followed the perceived failure of General Motors (GM) to promptly recall automobiles that had a defect with the ignition,<br />the company hired Anton Valukas of Jenner & Block to conduct an internal investigation. The resulting “Valukas Report” was not only hard on GM, but also on the in-house legal department as a whole. The author considers<br />the viability of the recommendations made to the in-house team.
This is a sample Family and Medical Leave of Absence policy.
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While market research firms consistently predict spectacular growth in year-on-year spend on cloud-based technology, intellectual property issues in the cloud continue to be one of the "cloudiest" legal areas for customers and suppliers alike. In this alert the authors identify some of the possible IP hot spots (with a particular focus on UK copyright issues), and offer suggestions to mitigate risk in what is a very rapidly evolving area of law.
Understand the big risk: how OFCCP, EEOC and private plaintiff’s counsel use big employer data. Learn how to inventory and assess what data is kept by your company and third-party vendors: Are your company and vendors requesting and/or keeping more than they should? Are your company and vendors running statistical analyses they should not without proper protection? Learn to comprehend what the statistical analyses show – where are your hot spots? Discuss how to protect your company now against potential systemic discrimination claims.
With a basic understanding of privacy principles under your belt, focus on the practical steps that organizations should take from the moment that the enforcement agency calls through the publication of the report of findings. Discuss the meaning of “cooperation” and international differences regarding credit for cooperation. Highlight types of conduct to avoid when dealing with regulators that could raise red flags. Explore the latest trends in international data protection regulator cooperation. Leave with detailed checklists and materials designed to equip attendees with the answers to common questions from internal stakeholders.
If your company has ever had to release employees, you have most likely been faced with the question of whether or not to use statistical measurements, or adverse impact analyses, to determine whether employees of protected groups have been disproportionately selected for termination. This article looks at how common termination-related claims actually are, and identifies the most effective ways to use an adverse impact analysis as a tool to reduce litigation risks associated with reductions in force.
This guide is part of the Lex Mundi Global Practice Guide Series which features substantive overviews of laws, practice areas, and legal and business issues in jurisdictions around the globe.
This document seeks to bring together the previous work done by the Working Party of EU Data Protection Commissioners established under Article 29 of the Data Protection Directive1 into a more comprehensive set of views covering all the central questions raised by flows of personal data to third countries in the context of the application of EU data protection directive (95/46/EC). It is organised according to the system provided for international transfers of personal data set out in Articles 25 and 26 of the directive. (The text of these articles is attached as Annex 2).
This due diligence search list is a checklist of areas and sources for a buyer to check in order to understand potential issues with respect to a business that is being purchased in Canada.
More than 4 million people in the US either quit or changed jobs in November 2021 alone. With the mass exodus of workers predicted to continue for the foreseeable future, the balance of power shifts from employers to employees. To stay competitive, companies will need to revisit their current recruitment and retention tactics. In this article, learn four key strategies for companies to consider in order to attract the best talent — and keep current employees happy.
Due to the nature of the state-by-state regulation and ongoing developments in state and federal regulations following the US Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, there is much uncertainty regarding many of these issues. This article provides a brief summary of: (1) some potential options to structure these employee benefits, including certain key issues and risks, and (2) the employment law issues that may arise.
On October 28, 2021, Deputy Attorney General Lisa Monaco announced changes regarding how the Department of Justice (DOJ) will prosecute corporations. The Monaco Memo, as it’s come to be known, raises the stakes, especially for corporations that are frequent flyers when it comes to enforcement actions and settlement agreements. In this article, learn five key takeaways from the Monaco Memo, including how it can be used as an educational opportunity for the Board and C-Suite.
“Double extortion” attacks—which combine a traditional ransomware attack encrypting data with a threat to disclose the encrypted data publicly—are now increasingly common. Insurers in the U.S., UK and EU insurance markets are responding to the unprecedented increase in global ransomware attacks by scaling back coverage. This resource describes market developments and provides guidance to policyholders on managing the ransomware risk.
The Australian Securities & Investments Commission (ASIC) published Information Sheet 272 (INFO 272) and Report 728 (REP 728) on the eve of the corporate collective investment vehicle’s (CCIV) commencement. With the commencement of the CCIVs on 1 July 2022, ASIC released 7 regulatory guides on 23 June 2022, relating to the registration and licensing requirements for CCIVs. INFO 272 provides much needed clarity on how both the CCIV itself and its initial sub-funds are to be registered.
A brief dealing with the question of the constitutionality of reciprocity provisions.
This guide provides corporate counsel and international practitioners with comprehensive jurisdiction-by-jurisdiction guidance to product liability laws and regulation.
This issue discusses alternative dispute resolution in Europe.
This InfoPAK (now known as ACC Guides) provides a clause for inclusion in a shareholders' agreement relating to a joint venture company incorporating a list of matters in respect of which the minority shareholder has veto rights in a global context.
General counsels operate best where business and legal intersect. With new technologies and regulations developing everyday, counsel needs to be aware and reactive to the ever-changing landscape. In this article, learn how to deal with new advances in technology that will keep you and your department ahead of any issues.
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