The U.S. Supreme Court decision in Desert Palace marks a dramatic change in the analysis of discrimination claims, which will be felt in the type and number of potential plaintiffs filing claims, the defensive strategies considered in response, and the way that courts dispose of employment law claims. Although the full effects of the decision have yet to be seen, companies should take steps to increase consistency and documentation of discipline and discharge decisions and to train managers and supervisors regarding acceptable workplace conduct and equal employment opportunity compliance. This article will show you what steps to take now.
In this article, in-house counsel can learn more about investing in businesses based in Vietnam and developing commercial relationships. This resource was published by Meritas in February 2018.
The article consists of a series of brief hypotheticals that will provide the framework for a discussion of various ethical and professionalism issues likely to be encountered by attorneys representing corporate clients that are facing a critical time in their business operations. The article also includes references to and summaries of ethical rules, opinions, orders, and commentary that may prove useful in analyzing the obligations and responsibilities under Sarbanes-Oxley.
Key survey insights on legal transformation initiatives with respect to litigation and internal investigations.
The purpose of this guide is to provide an overview of international and national anti-corruption regimes within an Asia Pacific context. It highlights how corporations should best approach anti-corruption compliance, transactional and third party due diligence and corruption investigations. It also examines related issues from anti-money laundering and whistleblowing regimes.
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.
ACC's annual survey of global chief legal officers and general counsel.
This guide covers common issues in corporate tax laws and regulations - including capital gain, overseas profits, real estate, anti-avoidance, and the digital economy – in 20 jurisdictions.
This article explains how to protect your company's data in a world where information is constantly being transferred through computers.
Cybersecurity touches every aspect of consumer and corporate culture today. Preventing, preparing for and responding to data breaches in real time is a chief concern for individuals, corporate leaders and government regulators. Download the 2015 ACC Foundation: the State of Cybersecurity Report, underwritten by Ballard Spahr LLP, and learn what more than 1,000 corporate counsel say about their cybersecurity experiences, role and practices. The full report includes industry and regional trends, common preventative tactics, lessons learned from those who experienced a breach (including how the breach occurred and who was affected), the impact of regulatory requirements, insurance decision making and coverage information, and managing risk through outside support such as forensic and outside counsel retainers and more.
Discusses the ten critical questions, ranging from scope to procedures to secrecy, that you must ask before signing a nondisclosure agreement.
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.
How are good compliance and due diligence programs the safeguard of a successful company? They protect against potential legal liability and financial hardship. They preserve the sanctity of a corporate reputation. There's another upside to this type of programming: done correctly, it can also cut company costs.
When an employee parts ways with the company, it isn’t just a box of office decor that gets carried out the door: Any skills or information learned on the job is now potentially benefiting your competition. Many variables can affect the successful application of a non-compete agreement. This article explains how different countries handle non-compete agreements and what the alternatives are to protecting your company’s resources.
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.
Needs Summary Worksheet Example
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.
Knowledge management is more than efficient organization information sharing. It requires permanent KM personnel, implantation of collaborative technology, buy-in from management, and the integration of KM processes into the daily organizational life. The more prosaic and "in the flow" KM initiatives are, the ore likely they are to succeed.
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