A recent letter from 21 state Attorneys General to various asset managers demonstrates a focus on using antitrust and unfair competition laws to oppose ESG efforts. In this Client Alert, Latham & Watkins attorneys review the major enforcer and congressional statements over the past year that have raised antitrust and competition concerns with ESG initiatives; analyze how the AG Letter reflects a refinement of theories of harm under state and federal competition laws; and provide guidance to entities implementing ESG policies on how to minimize legal risks.
This Wisdom of the Crowd, compiled from responses posted on the Compliance and Ethics forum addresses how to handle customers who want your organization to be bound by their individual Codes of Conduct.
This Wisdom of the Crowd (ACC member discussion) was compiled from the questions and responses posted by the Litigation Network on their Forum. This discussion addresses whether lost profits are direct or indirect damages and, if direct, what are the appropriate methods of calculation in the United States and in the United Kingdom.
In parallel to the handling of legal cases in daily operations, every legal department has knowledge management on the top of its agenda. In an international legal department, an accurate response tailored to the company needs may make the difference between success and failure, noting the difference in needs and resources between small and large departments that are centrally or internationally located. These aspects will be elaborated and opinions will be exchanged in an interactive workshop that will bring new ideas and practical solutions to in-house lawyers.
This resource describes the release and impact of the Arrangement Concerning Mutual Assistance in Court-ordered interim Measures in aid of Arbitral Proceedings by the Courts of the Mainland an of the Hong Kong Special Administration Region. The success of applications submitted under the terms and requirements of the Arrangement have made it a compelling reason for parties, irrespective of origin, to select Hong Long as the seat of arbitration if they are doing business with parties in China Mainland.
On Feb. 5, 2013, broad amendments to the Corruption of Foreign Public Officials Act (CFPOA) were tabled in the Senate through Bill S-14. This article addresses the six major changes to the CFPOA that will result if Bill S-14 is enacted into law as presently drafted.
In his final Career Path column, Mark Rolleig shares his leadership lessons and rules for career success he’s learned over the years.
In this column, the author makes three suggestions for adding value to your small law department.
Known colloquially as “slurp,” a Strategic Long Range Plan (SLRP) helps employees take the enterprise’s major objectives and develop strategies to advance each one.
We can compound our suffering by allowing daily stresses to cause excessive anxiety or, instead, we can strive to learn to respond to corporate life calmly and with level-headed composure.
Technology and collaboration tools are always changing. In-house counsel need to make it as easy as possible for business people to understand what it means to comply.
In an effort to protect personal data, Turkey has instituted sanctions that set out general principles to protect data and punish those who violate the law.
This article provides insight into amendments made to the Work Health & Safety Act 2011 (Qld), which was amended previously to provide for the offense of industrial manslaughter. It was later amended in 2020 to cover the resources sector including coal. The piece also provides analysis and key issues for the 2020 amendment of the law.
Too often we overlook provisions in contracts that we consider customary or “boilerplate” and non-negotiable. This program examines standard contract provisions and challenges the audience to look at them more critically from a litigator’s perspective. The interactive program dissects contract provisions that have hidden traps and provides tips on better risk management with an in-depth look at non-assignment clauses, liability limitations, merger clauses, choice of law clauses and other similar provisions.
This resource presents a series of visuals on the state of legal operations and perspective of individuals currently in a legal operations role based on ACC surveys published throughout 2023.
If you’ve been a litigator on the outside, welcome to a whole new ball game. As in-house counsel, your focus is not just on getting those pleadings filed, but also implementing litigation holds, managing outside counsel, conducting investigations, analyzing your position, determining strategy, and much more. And it is not just about conducting the litigation. It is also about taking steps and creating programs to avoid litigation, performing cost benefit analysis and risk assessment to determine whether to get in, stay in, or get out, and conducting a thorough post mortem of each case so that you acquire a very long educational list of “lessons learned” that will direct you in the future. Come learn from our panel of experts who have “been there, done that.”
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.
In recent years, organized labor has employed aggressive campaign strategies and innovative techniques designed to catch unwary employers off guard. The National Labor Relations Board also has launched new initiatives that impact all employers. The information provided in this InfoPAKSM can assist in-house counsel seeking to improve a company’s ability to avoid or survive a corporate campaign, make necessary changes to comply with the National Labor Relations Act, and enhance an organization’s overall human resource posture.
Discusses practical issues that relate to the relationship between litigation and arbitration to enable you to select the proper dispute resolution mechanism.
An overview of software copyrighting.
The purpose of this Guidebook is to help the law departments of life sciences and medical devices industry, their affiliates and business associates, clinical researchers (CROs), and third-party vendors focus on the cybersecurity and IP asset protection issues in an accessible and practical way.
ACC's annual survey of global chief legal officers and general counsel
The Public Company Accounting Oversight Board recently issued its long-anticipated rules on auditor independence issues and the relationship with the company's independent auditor. The authors give tips on how you can keep your audit committee up-to-date and on the straight and narrow.
Wage-hour lawsuits are growing, and lawyers are jumping on claims that can result in multi-million dollar judgments and settlements. It is important for employers to understand the federal and state regulations and laws to avoid facing lawsuits. This article is a guide on some of these laws and regulations, shedding light on the need for employers to fully grasp them.
This article deals with the case Republic of Argentina v. NML Capital: Discovery and the Foreign Sovereign Immunities Act.
An agreement in which the contractor, a leading developer and supplier of occupant restraint systems, has obtained an order from a customer in which contractor desires to sub-contract the assembly of the product to the sub-contractor. Sub-contractor is a leading supplier of seat belts and seat belt components. Agreement is governed by the laws of Sweden, and all disputes arising between the parties in relation to the agreement, must be settled by arbitration.
Inclusion allows for superior decision-making by bringing balance and equilibrium to any team or group and to the environment in which the team operates. And a diverse group will develop different strategies, approaches, solutions, and ideas.
The more you share your knowledge and experience, the more you learn. In this article, in-house counsel can learn about the benefits of mentoring and how their expertise is elevated by connecting with newer members of the legal community.
Take a few lessons learned on the golf course and use them to promote a strong ethical corporate culture.
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