This article breaks down the structure of a typical internal investigation in India. While the overall process may not be markedly different from an international one, we must acknowledge that the nuances of language, culture, and ways of doing business in different parts of the country can impact how the investigation is conducted.
The Indian data protection legal regime is proposed to undergo a major overhaul with the enforcement of the Digital Personal Data Protection Act.
This article discusses In-house counsel internal strategies for compliance, including training of key stakeholders and conducting gap assessments.
You have been the very picture of prudence. You run every important decision by your primo outside counsel so that, if anything goes wrong, you have a chip shot "advice of counsel" defense. Well, something has gone wrong. Your tax shelter goes awry. Your securities filings are attacked. Your internal investigation is challenged. Your interpretation of a contract is held in bad faith. Your lawyers send in the A-team litigators for your defense. So far, so good. But wait! The plaintiff has subpoenaed your trial lawyers' firm? What's this business about implied waiver?
This is an Outside Counsel Master Services Agreement.
Without complicated stimulus bills or other governmental prodding of their economies, China and India stand to become the collective antithesis of American recession. How will their free markets play a part in the rebuilding of global finance? Readers of this article will better understand the present and predicted standings of these potential powerhouses.
Something is clearly broken in big law. Despite the business imperative for diversity, law firms that corporations retain for significant issues just aren’t meeting the need to increase the number of diverse attorneys.
This is a sample group sales agreement where the Hotel agrees that it will provide, and the Organization agrees that it will be responsible for utilizing a specified number of room nights.
This is a sample group sales agreement between an organization and a hotel where the organization will be permitted to divide its overall room block reserved under the Room Night Commitment into sub-blocks for attendees, faculty, Board members, staff, sponsors, and others groups as the organization might require, for the purposes of segmenting bookings, staggering room night release dates, and other purposes to which the parties reasonably agree.
Open source software is being used more and more frequently, and in-house attorneys need to get a firm grip on all that the software entails, especially in terms of compliance. This article takes a look at your first steps in doing this, assessing the risks, litigation and licenses involved in using it, outsourcing and acquisitions where it is involved, and the management of its use.
As a tenant or a landlord entering into a commercial lease agreement, are you confident enough to negotiate the best possible lease? Overlooking any number of provisions could result in an unnecessary, long-term legal dispute. Learn the basics of commercial lease negotiations, other than just what you are paying in rent.
This article makes a convincing case as to why contract law might be the best kind of law to practice. For those interested in learning more about contract law, discover a useful overview of the practice. And for those experienced contract lawyers, check out the refresher tips on how to make a good job even better.
For healthcare companies, the use of blockchain has the potential to revolutionize data storage practices, at a fraction of the price of traditional processes. This article provides a summary of blockchain, identifies legal issues under US law, and discusses some of the exciting possibilities and challenges to execution in the healthcare sector.
As businesses continue to expand their operations beyond the borders of the United States, the scope of the in-house attorney’s role also grows. Now more than ever, the business is looking to its corporate counsel to evaluate all of the issues that can come about as a result of global operations. This articles looks at how corporate law departments are stepping up to the challenge of managing the environmental, social, and liability risks involved in managing global expansion efforts.
This checklists provides a rolling action item list for the implementation of a global anti-corruption program. It was part of ACC's 2012 Compliance and Ethics Training Program.
This memo was drafted to set out target response times and expectations with regard to the deliverables from the Legal Department.
Subject to limited exemptions, the general rule set out in the Canadian Immigration and Refugee Protection Act (the “Act”) and the Regulations thereunder (the “Regulations”) is that a foreign national (defined as a person who is not a Canadian citizen or permanent resident of Canada) may not work in Canada without first obtaining a work permit. Further, foreign nationals from certain countries are unable to travel to Canada without first obtaining a temporary resident visa (a “TRV”).
This resource educates the corporate counselor about the ways to use technology and strategic flow processes to increase productivity and enable lawyers to work more effectively. This approach is designed to provide attorneys with the tools they need to collaborate better with clients, the legal department and outside counsel.
This is a sample internet usage policy.
This is a sample strategic alliance agreement between a company and its consultant.
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.
STATEMENT OF THE AMERICAN BAR ASSOCIATION
to the
COMMITTEE ON JUDICIARY
of the
UNITED STATES SENATE
concerning its hearing on
"EXAMINING APPROACHES TO CORPORATE FRAUD PROSECUTIONS AND THE ATTORNEY-CLIENT PRIVILEGE UNDER THE MCNULTY MEMORANDUM"
SEPTEMBER 18, 2007
This article provides a summary overview of information-related legal requirements, identifies specific legal requirements that expressly compel organizations to establish crucial building blocks for an effective information governance program and is a discussion of how information compliance requirements provide compelling synergies for the information governance approach.
Recent reforms of mining laws in African nations have led to a movement away from regimes regarded by many as "investor friendly", with states seeking to assert greater control and generate increased revenues from their resources. However, the importance of a stable regulatory framework in attracting foreign investment has also been recognised. As states attempt to balance these competing goals, an increased focus on the harmonisation of mining law regimes across African regions could provide comfort to investors.
Governments and regulators have struggled to keep pace as new digital asset classes and other blockchain applications have risen to prominence. This regulatory uncertainty has caused confusion in the markets and impeded greater adoption of distributed ledger technologies in the United States. However, on June 7, 2022, US Senators Kirsten Gillibrand (D-NY) and Cynthia Lummis (R-WY) introduced the Responsible Financial Innovation Act (RFIA), the first major piece of US federal legislation to provide a reasonably comprehensive regulatory framework for digital assets. This article discusses the most significant provisions of the RFIA.
The Protected Disclosures (Amendment) Bill 2022 ("the Bill") was recently published and is making its way through the Irish legislative process. The Bill has been introduced to transpose the EU Whistleblowing Directive. This resource is an overview of some of the key provisions of the Bill and their implications for employers, including a requirement for private sector employers with 50 or more employees to establish formal channels and procedures for the making of protected disclosures.
If your life is a whirlwind of business lunches, late hours, and airplane food, try letting a little calm into the storm. Consistent exercise will give you better health, and the focus you need.
In the European Union, public procurement law is characterized by a myriad of idiosyncrasies and gray areas that should be closely analyzed before delving too deeply into any land development agreement. If deemed a public works contract, it may be subject to a compulsory tendering process, even if the local developer has assured you otherwise. Read this article to avoid rash decision-making that could potentially give your competitors the upper hand.
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