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A graphic to promote the value of and generate interest in a department’s Knowledge Management program.

Before meeting with outside counsel to develop principles on certain conflicts of interest issues, review the basic legal and ethical principles on: (1) former client conflicts, (2) corporate family conflicts, (3) waivers of future conflicts, and (4) accommodation clients.

This is a comprehensive tutorial and guide on copyleft and the GNU general public license.

In response to Russia invasion of Ukraine, the United States and dozens of its allies and partners around the globe have imposed what the White House has called, "the most impactful, coordinated, and wide-ranging economic restrictions in history." This article (1) provides an overview of OFAC sanctions jurisdiction and circumvention prohibitions, (2) summarizes recent Russia sanctions, (3) provides a synopsis re sanctions evasion through cryptocurrency, (4) highlights existing US regulatory guidance regarding sanctions evasion through cryptocurrencies, and (5) recommends measures that persons and companies may wish to consider to mitigate the risk of sanctions violations.

The US Supreme Court has long been skeptical of novel proposals by federal agencies to address issues of vast economic and political significance. In West Virginia v. EPA, the Court made clear that its past cases reviewing novel applications and interpretations of agency powers do constitute an identifiable “doctrine” for application by courts going forward. When an administrative agency makes a “major policy decision,” it must have “clear congressional authorization” to do so. This case may represent one of the Supreme Court’s most significant administrative law decisions since Chevron U.S.A. Inc. v. Natural Resources Defense Council in 1984.

On June 13, 2022, the US Supreme Court resolved a long-standing circuit split holding that broad U.S.-style discovery under 28 U.S.C. § 1782 is not available in private foreign arbitrations. In the past decade, litigants in international arbitrations had been trying to use section 1782 more frequently to obtain comprehensive discovery that would otherwise typically be unavailable in arbitration abroad. While the Supreme Court has ostensibly put an end to that practice, the possibility of further litigation over section 1782 remains, as parties are likely to test the boundaries of the Supreme Court’s decision.

On May 26, 2022, the US Department of Commerce, the Bureau of Industry and Security (BIS) issued a final rule, finalizing changes to License Exception Authorized Cybersecurity Exports (ACE) and making related changes to other sections of the Export Administration Regulations (EAR). These changes include narrowing of exceptions for end use restrictions applicable to certain government end users in Cyprus, Israel, and Taiwan under License Exception ACE and addition of new end use restrictions for License Exception ENC (Encryption Commodities, Software, and Technology).

The New Labour Law (33/2021) and its implementing Regulations (together the “New Laws”) were introduced in February 2022. They apply to all private sector employers in the United Arab Emirates (“UAE”) with the exception of employers within the Dubai International Financial Centre (“DIFC”) and Abu Dhabi Global Market (“ADGM”) financial centre free zones. The New Laws represent the biggest change in the employment law landscape in the UAE for 40 years and while there will be continue to be a period of time over which the Courts will test and probe the New Laws, HR practitioners, business owners and legal counsel with responsibility for people related matters in the UAE need to be familiar with the changes and, critically, ensure compliance.

In July 2022, the sponsors of the Uniform Commercial Code (“UCC”) approved wide-ranging amendments to the UCC (“2022 UCC Amendments”) to provide workable rules for emerging technologies, such as distributed ledger technology and virtual currency. If adopted by individual state legislatures, these amendments should provide greater certainty regarding the rules governing security interests, competing claims, custodial risks, and other issues associated with digital assets. This article provides a high level summary of selected aspects of the 2022 UCC Amendments that may be of particular interest to financial market participants.

Under the US Patent and Trademark Office’s (USPTO) new guidance on discretionary denial of institution of inter partes and post-grant (IPR and PGR, respectively) proceedings, a pending International Trade Commission (ITC) investigation is no longer a basis for the Patent Trial and Appeals Board (PTAB) to exercise its discretion to deny institution. This is a material change from past PTAB practice, which had previously denied institution of such post-grant proceedings due to an ongoing parallel ITC proceeding. This article discusses three considerations for ITC litigants given the USPTO’s new guidance.

One thing that strikes me about ACC is that it is so much more than an organization that provides in-house counsel with industry information. Instead, I find ACC to be a community that connects me to the people and resources that help me professionally
and enrich me personally.

This program material analyzes the evolving role of non-lawyers in legal departments.

ACC Board Chair Bill Mordan galvanizes readers to excel for their clients in the throes of battle — both inside and outside the courtroom.

This is a sample real estate purchase and sale agreement regarding a Tennessee LLC.

What do clients really think about the legal department? Get the scoop on what clients like and don’t like about working with lawyers, their view of in-house counsel as budget managers, and their perceived value of in-house counsel crossing over to the business side.

This article uses the experience of one law department to show how integration with the business teams--an active philosophy of being closer to the business--can replace the dreaded corporate staff moniker with status as an integral part of the operating business.

SEC Amicus brief Pacific v. Mayer (PIMCO v REFCO) filed 8/6/09

The 2013 ACC Value Champions share how they achieve strong alignment between business clients, inside and outside counsel through leading management practices including pricing, collaboration and continuous improvement. This will be an interactive session, so bring your own questions and concerns.

This presentation will discuss why successful project management is essential for innovative organizations, help you understand the primary characteristics of projects and the criteria for success, and focus on how the environment, stakeholders, schedule, cost and quality requirements impact the definition of deliverables.

This article addresses the reality that whether you outsource mostly in-house activities or activities that are going to move from a law firm to a different kind of provider, eventually what gets unbundled has to be re-integrated.

This webcast discusses the benefits and methods of implementing a pro-active real estate inquiry program, as opposed to merely reacting to risk and opportunity situations.

As a manager, you’re expected to deal with a difficult employee proactively and effectively. If you’re unable to manage a difficult employee adequately, you may be viewed as part of the problem or an ineffective manager – labels that can be hard to escape and can have lasting impact on your career. Prepared by WeComply Inc, this ACC guide (InfoPAK) examines in part, strategies and suggestions for dealing with difficult employees.

This guideline assists in the identification of physical security measures that can be applied at facilities to safeguard or protect an organization's assets- people, property, and information. It is not aimed at a specific occupancy, but facilities and buildings in general.

This InfoPAK seeks to guide the first general counsel through the process of establishing a legal department, addressing the range of topics he/she will encounter, from understanding company expectations to how to communicate with the new client to establishing budgets and processes. In addition, this InfoPAK includes firsthand experiences shared by five in-house counsel who served as their organizations’ first general counsel, ranging in experience, industry/company size, and perspective.

Ethique et confits d’intérêts en droit européen de la concurrence

In 2016, employers should expect to see US Occupational Safety and Health Administration (OSHA) fines that are as much as 80 percent higher than in the past as a result of a budget provision signed into law by President Obama that will significantly increase OSHA fines for the first time since 1990. Fines will place greater emphasis on getting OSHA compliance right. In this program, OSHA experts will address the agency’s new penalties and provide a checklist for specific compliance steps that employers can use to better insulate their companies from those penalties. Presenters will address OSHA’s increased focus on new recordkeeping and reporting responsibilities; temporary works; Voluntary Safety and Health Program management guidelines; workplace violence; and joint employer responsibility.

Mitchell and the subsequent Court of Appeal decisions have proven highly controversial. Described as "unduly harsh" and leading to a "climate of fear", Lord Dyson's prediction that there will be more litigation to determine the exact boundaries of the decision have been realised. Much has already been written about the aftermath. The focus of this article is to look at where we are now. How exactly have the rules of the game changed?