Getting the Deal Through is delighted to publish the ninth edition of Arbitration, a volume in our series of annual reports, which provide international analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners and business people.
Learn how to walk the line between your obligation to respond to document requests and your responsibility to protect company interests.
No matter the size of your company or the particulars of your industry, a formal recoveries program can track how your legal department contributes to the company’s bottom line. There are benefits and downsides to affirmative recoveries programs. This article addresses those issues, as well as any other questions you might have about implementing such a program. You might be surprised by what you learn.
Revera, Inc., recently conducted a review of its in-house legal department. The review analyzed the department’s alignment with strategic objectives, workflows, workload capacity, organizational structure and management practices, and relationships with external counsel. The central questions asked were as follows: What value does the department offer? How can it be increased? How is it demonstrated? The results of the review prompted Revera, Inc., to consider some changes to its legal department, as discussed in this article.
The scope of information to be held confidential is remarkably similar for all lawyers, no matter the country you practice in. The real differences are manifested in the exceptions to the duty of confidentiality and the applicability of the duty to in-house lawyers. The exceptions to confidentiality are generally (though not universally) broader in the United States. Do not always assume that US ethics law is the most protective. When it comes to confidential information relating to business crimes or fraud, for example, it often may not be. It is imperative to fully understand and properly analyze confidentiality and choice of law issues where foreign ethics law is involved.
As local economies continue to stabilize, Angola and Nigeria are ripe with potential investment opportunities — particularly in the natural resources area. However, with new laws, immigration considerations and a legacy of corruption, in-house counsel must familiarize themselves with a variety of issues to ensure their clients’ success.
Despite the hard work and long hours that are synonymous with legal departments, they are often unappreciated and viewed as an impediment to progress. By following the three-step approach presented in this article, however, you can promote cross- organizational cooperation, while still managing risk effectively, and help your company better achieve its overall goals.
The substantial increase in international trade disputes, constraints on US courts, and the limited reach of US court judgments create a demand for an innovative way to handle international technology disputes.
This is a sample source code escrow agreement between a software company and its lessee.
This is a sample confidentiality agreement between companies based in Delaware and Cayman Islands.
The Stark Law has promulgated complicated regulations for transactions involving payments to physicians. All facets of the healthcare industry also face on a daily basis the shadow of government prosecutors focused on violations of the federal anti-kickback statute. These laws involve both criminal prosecution and civil liability, and in-house attorneys have at times been prosecuted as individual defendants. Enforcement is expanding to cover individual physicians as prescribers of company products and providers of services to companies, such as consulting and clinical investigator services, and to physician ownership of medical device distributors. Looming over healthcare companies and individuals is the potential to be debarred from participation in Medicare, Medicaid & other federal health care programs. In addition, in-house counsel need to be aware of obscure state laws on the issues of physician self-referral prohibition and anti-kickbacks. This program will discuss the government’s new enforcement trend and mechanisms that in-house counsel can employ to reduce these risks.
New reporting requirements mandated by the Medicare, Medicaid, SCHIP Extension Act of 2007 were effective Jan. 1, 2010. Companies subject to the MMSEA must understand the new requirements or learn the hard way — a potential civil penalty of $1,000 for each day of noncompliance for each claimant. An absolute must-read, this detailed report includes MMSEA background information, and compliance guidelines and instructions.
Outsourcing company services that require sensitive data to third parties does not relieve your organization of liability. Far from it — entrusting sensitive data to a vendor can increase your risk of a data breach and drive up the associated costs of the fallout. However, if you conduct due diligence and verify that your vendor can handle confidential information with care, you bolster your company’s defense if a breach occurs due to the vendor’s negligence.
This is a sample consulting services agreement between a company and an independent contractor.
This is a sample consulting services agreement which includes a consultant plus a project manager reporting to the consultant.
This is a sample merchandising license agreement.
This article focuses on a shift in the billable hour paradigm and how law firms and clients must look forward and focus on the outcomes that are desired, rather than looking backwards at the cost of production. The billable hour has diametrically opposed functions for both sides in the relationship: (1) unit of production and (2) basis of profitability. Not until both sides understand that you can't have the same unit serving dual purposes, will they truly understand alternative fees and value-based relationships. This article delves into what is required to establish a new model for law firm economics.
<p/>This ACC Value Challenge resource is part 2 of a 3 part series. To view the other resources in this series, please click here:</p>
<p class=><a id=CP___PAGEID=1365185| href=/legalresources/resource.cfm?show=1365185>ACC Value Challenge: Facing Up to the Challenge - The Case for Change (Part 1)</a></p><p class=><a id=CP___PAGEID =1365213| href=/legalresources/resource.cfm?show=1365213>ACC Value Challenge: Facing Up to the Challenge - The Transition (Part 3)</a></p>
This is a sample computer, email and internet usage policy.
Results can be multiplied when you put together any combination of in-sourcing, unbundling, alternative legal service providers, process improvement, value-based fees and technology.
This article contains five tips for freshening up your legal resume right now.
This article examines industry changes resulting from an automated workforce and identifies future trends.
Despite the CLO’s best efforts, Legal is almost always viewed as a cost center within the corporation. What are the most effective ways that you as a CLO can continuously prove your value to the company, what metrics do you use to do it, and how do you get the company to see the cost savings that result from early and regular consultation with Legal?
This is a sample personnel policy concerning corporate credit card use.
Career Path Columnist Bjarne P. Tellmann discusses the various types of diversity that a company needs in order to succeed.
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