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.
This material covers the typical issues that foreign investors face in the Philippines, such as foreign investment rules, taxes, trade transactions, and litigation matters.
Table defining roles and responsibilities by data category.
Stress-free productivity is a concern for all legal departments, regardless of size. Nowhere does it hit closer to home, however, than in a small law department. This article talks about basic steps to improving department productivity utilizing principles from Getting Things Done (GTD) and enhanced ACC research with the GettingLegalDone button found on QuickCounsel and Top Ten articles.
This guide presents jurisdictional overviews on public procurement contracts in jurisdictions around the globe.
Eighth edition of the Getting the Deal Through Anti-Corruption Regulation Guide, a volume that provides international analysis for corporate counsel, cross-border legal practitioners and business people.
The purpose of this research is to understand how organizations qualify and quantify the financial risk to their tangible and intangible assets in the event of a network privacy or security incident.
The General Electrics of the world do it, and so do smaller real estate holding companies. Outsourcing legal services to India can be a low-cost option, but is it really a solution, or just creating a new batch of problems? Read the story of a company that has used legal services from India, and find out what projects are good candidates for such offshoring, which are not, and whether it's worth the political risk to take the plunge in the offshoring ocean.
Drafting and negotiating purchasing agreements can be a daunting endeavor. Hopefully, you’re usually involved in the process from the beginning, but that may be wishful thinking. You need to make sure you’re up-to-date on the commercial and legal implications of common terms and conditions. Ask the right questions early on to avoid asking for an aspirin later.
This guide provides a detailed summary about the different pre-merger notification procedures in each jurisdiction.
Employer use of background checks for employment purposes is facing serious restrictions from both the federal and state level. Employers must demonstrate that consideration of such information is job-related and consistent with business necessity.
Learn about key US securities laws, SEC forms and disclosure requirements.
Hydrogen power is likely to play a significant role in international commitments to achieving carbon emissions and net zero goals by 2050. This is why governments all over the world, as well as the private sector, are investing heavily in this technology. The growth and success of the hydrogen economy will largely be driven by advancements and innovations in both the core and applications technologies. It is therefore important for investors in, and developers of, new hydrogen power technologies to implement a dedicated procedure and IP strategy to allow innovations to be properly captured, protected and exploited. This article considers some of the key IP considerations that are relevant.
This article discusses the Delaware Court of Chancery's May 2022 decision in Totta v. CCSB Financial, which held that corporations and their boards cannot use their charter to alter the judicial standard of review or waive the duty of loyalty, and that action taken to interfere with stockholder voting rights will continue to be reviewed under the more onerous enhanced scrutiny standard.
On May 4, 2022, California Governor Gavin Newsom issued an executive order on digital assets largely echoing the positive sentiments of President Biden’s February executive order. The order looks to create transparent regulation around digital assets and drive innovation into the state. By directing state agencies to engage in a cooperative discussion with stakeholders and developers in web3, California sought to create an informed supplement to the federal report on digital assets, that were due in September 2022.
In April 2022, Florida Governor Ron DeSantis signed the “Stop WOKE” Act (HB 7) into law. The Act has drawn national attention and debate, as it creates legal restrictions and prohibitions on what public and private employers can say or promote in workplace trainings tied to race, color, sex, and/or national origin. The Act could have potentially significant implications for employers wishing to cover topics like structural racism, white/male privilege and unconscious bias in workplace anti-discrimination and diversity and inclusion trainings.
This article lays out the steps you need to develop, maintain, and enforce a records management program and helps get your corporate house in order.
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