Many states allow employees to file claims against employers alleging that the employer has created a “public nuisance” as the result of failing to maintain a safe and healthy working environment during the pandemic. The lawsuits focus not on OSHA requirements, but on guidance from the CDC and local governments, or best practices for certain industries.
An overview of software security issues as well as a discussion of a risk management team's role in the event of a data security breach.
You must create a culture where your pilots are not rewarded for getting to their destination quickly unless they do so in the right way — one that does not put the enterprise at significant risk.
This article discusses whether in-house counsel or outside counsel have the edge when it comes to the independent "gatekeeping" function required of lawyers.
James Nortz discusses how game theory can be applied to implementing an effective compliance and ethics strategy.
A discussion on value-based payment arrangements between corporations and outside counsel.
What every financial services industry in house counsel needs to know about effective handling of regulatory matters and regulatory expectations. Provide an overview of trends in consumer finance regulation, including the CFPB, and other major federal and state banking regulators. Discuss recent rules, enforcement actions, and regulatory priorities of consumer finance regulators and their applicability to the financial services industry. Compare the consumer finance regulatory regime with other financial industry regulation.
The author discusses the problem with using the law as your only guide in making ethical business decisions.
Companies doing deals and business in the European Union may soon see more red tape added to the already complex set of European regulations on merger control, EU state aid and foreign investment control. On 30 June 2022, the European Parliament and the Council announced their agreement on a new regulation, which will give the European Commission (EC) far-reaching powers to intervene in, and possibly prohibit, M&A transactions and public tender bids involving companies that have received apparently distortive foreign subsidies from non-EU governments. This article discusses the EU Foreign Subsidies Regulation (FSR) that allows the EC to review transactions affected by foreign subsidies and to remedy any possible distortive effects.
Large law departments have the financial muscle to demand alternative billing arrangements. What can small law departments do to get similar arrangements for outside legal work? Know what to look for and how to get the best deal for your company. What work should be non-billable? Is ebilling right for you? And learn alternatives to straight hourly fees: when to consider discounts, fixed fee work, contingent fees and incentive structures. Don’t overlook control mechanisms such as budgets, staffing and who authorizes work.
Have you ever wondered what you’d need to do first if the SEC began investigating your company? One of the coauthors of this article worked for the SEC and has developed a checklist for you, along with a thorough discussion of the various paths you could take and the pros and cons for each of them. Keep this article handy. It could help you get your heart to start beating again in those first few critical moments when you hear of an impending enforcement investigation.
A step-by-step process to prepare for an anti-corruption incident: 1) Assess Current Risks, 2) Retain Anti-Corruption Counsel & Advisors in Advance, 3) Prepare for Data Preservation & Collection and 4) Prepare and Incident Response and Investigation Plan
If we are not living the life we want, we must choose differently, even if that means stepping out of our comfort zone.
How to get the most out of your battery life (and what to do with it when it's gone to the big recycling center in the sky).
Increasingly EU law (in particular EU consumer law) is being driven by a school of thought known as 'behavioural economics', which takes into account the behaviours of individuals when they are exercising choice. Regulators recognise that behavioural economics could have a profound impact on many of the most serious challenges facing policy makers today and increasingly see an opportunity for behavioural economics to support more specific issues like complexity, consumer inertia, marketing and the impact of communications to consumers. This session provides an overview of how behavioural economics is quickly becoming a "game changer" for the shape of regulation for time to come.
One year after a plan to reform European data protection laws was unveiled, the debate is still intense. While individuals and companies are still feuding over cases of profiling, cloud computing companies are struggling to understand when and how governments can access users’ data. Interestingly, the Commission’s proposal is also contemplating “a right to be forgotten” whereby a person would be able to ask that their data be deleted.
This form states how outside counsel should submit invoices. For example, each invoice should contain a detailed itemization of each service provided. This form also offers guidelines for outside counsel to follow in terms of their interaction with the client: Outside counsel is expected to use the least costly method of communication appropriate to the circumstances.
Business Ethics Columnist James A. Nortz discusses the four operating priorities that are fundamental to good businesses and great leaders.
No matter how difficult the situation or overwhelming the problem, our job as leaders is to assess the situation and see what we can do to make a difference.
In this exclusive interview, Business Ethics Columnist James A. Nortz discusses the root causes of systemic corporate corruption and the measures Jerry Grisko, the CEO of CBIZ,and his company take to promote and ensure ethical business practices.
Could you pass a “Business Law 101” quiz on morals? Business Ethics Columnist James A. Nortz gave a simple three-question quiz to graduate business students and almost all of them failed.
In this member profile, Freya Smith discusses how to build an in-house team from the ground up.
Columnist Craig S. Long provides firsthand advice as to how to cope with the transition to working as an in-house attorney in the must-read article.
This must-read article provides an outline as to how to best handle IP assets.
Just as a dog strains against its leash, constrained employees struggle against their shackles. Unleash them and reap the rewards.
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