Non-compete agreements are almost an essential part of today’s business environment composed of a mobile workforce with easily accessible and transportable data. Multinational employers face the added challenge of ensuring that restrictive covenants (i.e., non-compete, non-solicitation and confidentiality agreements) will be enforceable in the United States, Asia and Europe. The legal standards governing the enforceability of non-compete agreements vary around the world, but nevertheless, common principles can help guide employers in drafting and enforcing global restrictive covenants. Authoritative in-house and outside employment attorneys from around the world will provide cutting edge suggestions for multinational employers to draft restrictive covenants that should greatly increase their effectiveness and enforceability in Asia and Europe. The panel will also compare and contrast the non-compete laws in Asian and European countries against US restrictive covenant laws.
This report presents results on a subset of respondents from the Association of Corporate Counsel’s Chief Legal Officer (CLO) 2013 Survey, published in January 2013. A total of 1,104 individuals from 36 countries participated in this survey to provide a global outlook of CLOs worldwide. This report provides results and analysis of respondents from Canada (n=50) as well as demographic information, such as staffing, budget changes, revenue and more, while also exploring intangibles such as CCLOs’ top legal and business concerns for the past 12 months and their anticipations for the future.
This article aims to explain the landscape across Europe’s main markets, and to highlight the key differences in each of those markets.
Properly executing a legal hold need not be an overly complicated or intimidating process. What it does require, however, is thoughtful planning and preparation in order to protect the business. This article contains ten best practices for creating a systematic process for executing legal holds.
A selection of resources on US sanctions and export controls against Russia in the wake of Russia's invasion of Ukraine.
The US Supreme Court held in Dobbs v. Jackson Women’s Health Organization, that the Constitution does not confer a right to abortion, overruling long-standing precedent in Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey. Since the Dobbs decision, trigger laws in 13 states have banned or will shortly ban abortions, and another 13 states are expected to follow suit. While trigger laws are being challenged in court, there is no question that many states will successfully ban, or severely curtail, abortions within their borders. Moreover, a number of those states would impose criminal penalties on abortion providers, pregnant people, and/or individuals or entities that “aid and abet” abortions. The Dobbs decision and states’ efforts to ban, curtail and/or criminalize abortions have created multiple legal issues that affect individuals and employers.
In the wake of the US Supreme Court’s decision to overturn Roe v. Wade, the US Department of Health and Human Services (HHS) Office of Civil Rights (OCR) issued new guidance to address patient privacy under the Health Insurance Portability and Accountability Act (HIPAA) for those seeking reproductive health care services. This article discusses the guidance, which states that HIPAA allows providers to disclose certain protected health information (PHI), which includes information relating to one’s abortion or other reproductive care, without patient authorization only in specific circumstances that are “narrowly tailored to
protect the individual’s privacy and support their access to health services.”
Ins & Outs — Legal Leaders Use the Matrix to Expand Time. Research shows time pressure and workload are significant pressures facing legal teams. Use of the Legal Matrix can help a legal team's effectiveness in all areas.
You don't have to have the newest gadget to be tech savvy, but you should avoid becoming a dinosaur. Here's how.
Law departments should seek to partner young or new in-house lawyers with experienced in-house counsel.
Many law departments now have preferred provider programs (PPPs) in place and many are working to establish them, but how can they take these PPPs to the next level? This session will discuss best practices in establishing and upgrading PPPs, including practical guidelines for changing the dynamic of your PPP from consolidation to practice area-driven needs. The panel’s discussion will cover PPPs for both outside counsel and vendors such as e-discovery providers.
Summarizes how to meet the deadline, study the response, get authorization to respond, and understand the ethical and regulatory rules regarding audit response letters.
Here are five guidelines to get you started on achieving your dream.
In his first article as the Career Path columnist, Mark Roellig relates the importance of not only learning from life's lessons, but also writing them down and tracking your progress throughout the years.
In her final ACC Docket column, Whitnie Wiley reflects on her years as the Lead the Way columnist.
What lessons can be learned from rocket scientists on formulating an effective ethics and compliance program? Read this column to find out.
Elisa Garcia, executive vice president and general counsel of Office Depot, Inc., shares her daily routine.
This article offers tips on what to do if you are a new in-house counsel working for a company that has never had an in-house attorney.
Is leadership relevant to a legal department, particularly a small one? According to this article it is, read on to find out why.
Discusses whether internet tools, meant to make information more accessible, have affected and altered our cognitive abilities.
The general counsel, vice president and chief compliance officer of the American Society of Health-System Pharmacists shares her daily routine, including her penchant for music.
Janine Greenwood, chief legal officer, vice president and secretary of National Student Clearinghouse, describes her daily routine. She shares the success of her efforts to make uniform her organization’s compliance policies and procedures and how she makes use of ACC resources. <br />
The author discusses the difference between studying leadership and studying mathematics. She observes: We are actually required to immerse ourselves in the material — something I never did with differential equations.
The key to good leadership in a membership organization is truly understanding the people who look to you for answers, as well as engaging them on a meaningful level. This takes some individual attention, as people join organizations for a number of reasons.
Gone are the days where being a great legal adviser was enough. Career Path Columnist Bjarne P. Tellmann presents the advantages that in-house counsel can gain in post-graduate education in business.
Whitnie Wiley talks about how her fitness challenge helped her set and achieve her goals.
While the willingness to take on new tasks can be admirable, sometimes knowing when to let go can be just as necessary and admirable. Sometimes you need to let go in order to allow room for other experts to emerge and grow.
Being a procrastinator is not part of our true identity; it is only a habit we have when it comes to delaying work. But are you willing to break this routine, no matter how familiar it is?
From the executive team to the human resources professionals to every employee in the company, ACC President and CEO Veta T. Richardson believes we all have a responsibility to be respectful not only to our companies’ policies and procedures, but on a basic level, to each other.
In a market where job seekers continue to outnumber available positions, legal professionals know it can take more than solid credentials to get hired. Here are tips on what 'more' means.
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