According to the US Bureau of Labor Statistics, staffing firms added more than 786,000 jobs to their payrolls from June 2009 to July 2012. There are many reasons for the growth of this particular industry. Temporary help services provide flexibility and a way to avoid overstaffing. Learn the legal ins and outs of hiring temporary workers.
Government contractors have been increasingly met with scrutiny, particularly since ex- government officials often go to work in that sector. Several legislative and regulatory initiatives have been implemented in order to prevent conflicts of interest on the part of government contractors. Given the current climate, it is more important than ever for those seeking a bid to identify, address and mitigate these “conflict of interest” issues.
Many products — from lipsticks to mobile phones — either cross- license patents or incorporate industry standards. Patent pools and standard-setting organizations differ in fundamental ways. Get an overview of both, and learn about some of the litigation trends in these areas.
Do the various companies in the United States stand together in terms of federal legislative and regulatory efforts to harness market forces in reducing carbon dioxide and other greenhouse gas (GHG) emissions? The answer is not intuitive, primarily because of the enormous disparity in GHG emission inventories among companies. California utilities, for example, with one of the lowest CO2 inventories in the country, may find themselves on the short end if federal cap-and-trade policy allows tradable rights based on historic CO2 emissions — a starting point that would benefit utilities in coal-burning states. The panel will begin with a brief primer on cap-and-trade basics, and then launch into a debate on the key issues companies will have to work through as they help shape federal cap-and-trade policy for GHG emissions.
ACC’s 2012 Annual Meeting in Orlando hosted a panel called “Doing Business in India.” During this session, panelists talked about India as an increasingly favorable investment environment. They spoke of making one’s company a cultural fit for India, and gave advice on negotiating with Indian counterparts. Panelist Alison Lazerwitz of Daniel Swarovski Corporation elaborated on these points in a follow-up interview with ACC Docket. From this article, you will glean the collective insight of diverse practitioners who have extensive experience doing deals in India.
The author shares his thoughts on why companies should live up to their mission statements.
The Sarbanes-Oxley Act requires the audit committees of boards of public companies to establish procedures for the receipt and handling of whistleblower complaints regarding questionable accounting practices, including anonymous reports. This article explains the essential features of a compliant complaint procedure and offers a plan for guiding the audit committee through the implementation process.
This is a sample group sales agreement involving a convention center.
Despite your best efforts, there is always a possibility that an inspection from the US Occupational Safety and Health Administration will arrive on your company's doorstep. Don't be intimidated by the prospect. By having a pre-established understanding of OSHA and how its investigations impact company operations, legal departments can take preventative measures to mitigate the risk of a citation or subsequent litigation.
Since 2011, the US Securities and Exchange Commission has received over 18,000 whistleblower tips, with 4,200 occurring in 2016 alone. The evidence is undeniable: Agency whistleblower and bounty programs are here to stay, and legal departments should invest in effective internal compliance programs to keep reports within the company and out of the newspapers.
Imagine receiving a request from your sales department to approve a possible client's non-disclosure agreement - an agreement that you must approve and sign in order for the client to meet with the department. While the NDA is quite similar to your own, it is missing specific terms and conditions and could therefore present some serious risks for your company. This article explores what in-house counsel can do to mitigate these risks.
When it comes to ediscovery, small and medium businesses (SMBs) tend to be at a greater disadvantage than large enterprises. And the risks of poorly managing data are not to be taken lightly: reactive cost burdens, monetary penalties and even default judgments. Learn to develop programs and policies that are applicable to your organization, and that will flex as it evolves over time. After all, the key isn’t perfection, but rather uniformity and consistency achieved through organization.
Litigation is a necessary expense in today’s business environment. Prepare your board for possible litigation before it becomes reasonably foreseeable by educating them on the broad range of risks faced by the company, and creating a set of protocols to manage risk.
Cyberthreats cannot be eradicated, but they can be managed. Every in-house counsel should be able to answer the following questions: What should my company do to prepare for a data breach, and how can I help?
Before inter partes reviews (IPRs), filing a patent demand letter or district court complaint often led to a long and costly road of uncertainty. But now, IPRs have significantly reduced to the cost to challenge questionable patents, opening the floodgates to increased infringement claims. Here's how the first five years of IPRs might impact future processes.
This is a sample group sales agreement regarding guest room commitment.
Qatar continues to implement new legislation aimed at liberalizing the business environment for foreign investors and to introduce additional incentives and exemptions. This resource is a quick overview of the Foreign Investment Law and how investors can capitalize across all sectors in Qatar.
In this multijurisdictional guide, learn about rules of legal privilege and disclosures in several common law and civil law jurisdictions.
The Swedish parliament passed a bill which implements the EU directive (2019/1152) on Transparent and Predictable Working Conditions. This directive was introduced with the objective of raising employment standards throughout the EU with more transparent and predictable conditions of work. Based on these changes you should update your employment contract templates and also your HR guidelines where relevant.
A recent National Labor Relations Board (NLRB) ruling that the men’s college basketball players at Dartmouth College were employees of the school, as well as other legal challenges to establish the employment status of college athletes, could upend the structure of college sports and have unintended immigration consequences for international athletes competing at U.S. schools.
Compared to traditional, on-site computing, cloud services offer greater collaboration, better insight over data, more integrated and efficient development, and more productivity tools, from office suites to storage—all at a fraction of the cost.
The 2012 amendments to the American Bar Association Rules amended the comments to Rule 1.1 to say: "A lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology." What does the change mean for attorneys in general and specifically in-house counsel? What technology is out there that in-house counsel can use to more efficiently run their departments? This interactive roundtable session will focus not only on the potential ethical implications of technology but on how the legal department can work with the IT manager or chief information officer to cooperatively achieve results in the areas of litigation holds, data security, review of IT-related contracts, document retention, and internal investigations. Faculty will provide guidance on explaining the contract terms and legal risks to your IT department and answer important questions like: What questions do I need to ask my IT department to properly evaluate the risks and contract terms? What happens if the product or service does not perform as expected? The panel will also examine everything from apps that improve efficiency to document management system tools that help with litigation.
This article explains and demystifies cybersecurity for senior management and directors by identifying the steps global companies must take to address, mitigate, and respond to the risks associated with data security.
Much of the litigation that global corporations face involves rapidly changing areas of the law that could affect shareholder earnings in a major way. In a high-stakes matter, therefore, your team of outside lawyers should include someone who is an expert at guiding a case through the appellate process.
A panel of experienced international in-house lawyers will discuss the legal support areas on which legal department members in international offices should focus on in order to partner effectively with the business team. They will address optimizing the process for providing legal services, identifying future legal support requirements and implementing legal cost-saving initiatives.
Changing your governance strategy is hard, let alone adjusting it in the middle of a global pandemic. In this article, in-house counsel will learn how to navigate virtual board meetings and the legal context in which to analyze their governance plans. This article was originally published in May 2020.
Ever find yourself in need of a friend (of the court, that is)? ACC is your advocate in the public arena on issues affecting your ability to practice law as an in-house counsel. In this article, the Board Policy Committee chair outlines ACC’s stances and how the association can help you and your client.
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