As activist investors continue to have a significant impact in the market, two key questions are presented for consideration. The first is the question of the impact of activist investors on corporate performance and the overall economy. The second is a more general question on corporate governance and the proper role of the shareholder franchise in modern corporate management in the United States.

This article focuses on the role that energy storage and in particular battery storage, can play towards the goal of creating a more efficient electricity system and the key challenges that must be addressed.

This memo describes the ATP decision, the opportunity that some perceive that it presents, some concerns the decision raises, and the proposed legislation’s efforts to establish balanced corporate policy in light of these issues.

In April 2007, the IRS issued the final regulatory guidance on Section 409A. However, the 397 page document only brought up more questions than it answered. This article provides a guide to tax code Section 409A and highlights the new deferred compensation rules for in-house counsel.

This is a sample agreement for telemedicine services.

In this article, explore Mark Roellig's, chief technology and administrative officer of Massachusetts Mutual Life Insurance Company, words of wisdom he's experienced over his long and evolving career.

This is a sample real estate purchase agreement.

This panel discussion will focus on what falls within the scope of a conflict of interest, both legally and ethically; how conflicts should be managed generally; and the special challenges of handling them in a global environment where there may be differing views as to what constitutes a conflict of interest. The panel will also address conflicts in the context of government work including the rules and regulations applicable to government contractors and former government officials moving into private industry.

This article examines the legal framework relating to marginal fields in Nigeria, as well as issues to consider when investing in marginal fields.

This ACC Guide addresses creating a data retention policy that also complies with privacy requirements, and how to synchronize this policy with other compliance requirements.

Teamwork and lawyering don’t usually go hand in hand, but they really need to. This article explains how to progress from focusing on your individual achievements and integrating your processes with your team and boosting your skills as a leader.

Being a legal counsel within such the dynamic region of Australia-Pacific requires a constant desire to adapt to the evolving economic, industry and legal conditions. Learn seven methods to expand your impact and develop your career.

More and more, boards of directors in the financial sector are required to assume responsibility for the organization’s risk management, a responsibility edging ever closer to actual managerial responsibility. This interactive session will provide in-house counsel with the tools they will need to educate and prepare the board to take on this responsibility. Discuss increased responsibility of the board in the financial sector in the areas of risk management — edging closer to a managerial responsibility. Learn how to handle risk management within the organization (i.e., responsibilities of parties, reporting lines, etc.) and identify new risks on the horizon. Understand what boards wish to hear: what information to and not to share with your board, and the risks associated with doing so. Learn how the new SEC and FINRA reporting requirements should impact your board advice regarding cyber threats. Discuss the Board's role in managing operations in emerging markets.

This article discusses the US Drug Enforcement Agency's (DEA) new regulation temporarily extending the “full set” of COVID-19 waivers for prescribing controlled substances via telemedicine.

Originally published by Foley & Lardner LLP on May 11, 2023.

Cyber extortion has increased in recent years, as the technologies and methods used by cybercriminals have become more and more complex. This article discusses what to factor in from a compliance and criminal law viewpoint when considering making a ransom payment in a cyber extortion situation.

No foreign judgement, decision or arbitral award can take effect in Vietnam until approved by the Vietnamese Court, provided the foreign judgement or arbitral award is in accordance with a treaty between Vietnam and the country where the judgement or award originated, is based on a reciprocal agreement, and is compliant with Vietnamese law. This article is an overview of the Vietnamese Court's recognition and enforcement of foreign court judgements and arbitral awards.

On May 10, 2023, the Texas State Senate passed the Texas Data Privacy and Security Act (“TDPSA”), sending the bill to Governor’s desk for final signature. If signed into law, Texas will join a growing contingency of states enforcing comprehensive data privacy laws for their residents. This article provides answers to some general questions about the TDPSA as it is currently written.

What legislation is applicable to insolvencies and reorganisations? What criteria are applied in your country to determine if a debtor is insolvent?

This paper explores the approach taken by courts in Bermuda and other jurisdictions in connection with issues and questions regarding transfer of trusteeship.

Corporate crises, by their very nature, can severely disrupt a company and jeopardize its future.

This briefing examines the increasing scrutiny placed on the design and marketing of complex financial products intended for retail distribution in the UK, and offers points of comparison with other jurisdictions on the increased product intervention risk associated with these products.

This briefing considers the areas of the judgment that are likely to invite challenge on appeal and the practical points to take from the judgment on the assumption that it is upheld.