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The purpose of this resources is to discuss common hotel management agreement provisions and concepts in the United States. The authors will touch upon one or more topics which sparks a "I've always wondered why that is the way it is but nobody has taken the time to explain it" reaction with you. The hope the discussion goes some way to demystify the topic.
The 10-part series will cover the following topics:
1. Why is the manager's fee based on hotel's revenue and profit and not some other basis?
2. Why do some agreements provide that the manager is the owner's agent and some do not?
3. Why does the owner employ most or all of the hotel employees (and not the manager)?
4. What is the risk/reward relationship between an owner and manager?
5. Why does the owner indemnify the manager?
6. Why do we need a non-disturbance deed between the owner, manager and financier?
7. Why the need for an area of protection?
8. Why is the owner usually prevented from selling the hotel to one of the manager's competitors?
9. Why does the manager impose restrictions on the owner's ability to finance the hotel?
10. What is the importance of brand standards?

This chart is a questionnaire on the regulation of recall campaigns of defective produces in Argentina, Brazil and Chile.

The purpose of this QuickCounsel is to highlight tendencies related to litigation and arbitration in Latin America, precisely in Brazil and Mexico, with more emphasis in the former. We intend to highlight issues related to Court litigation and domestic and international arbitration, giving tips foreign investor should follow based upon our past experience.

The “Lummis-Gillibrand Responsible Financial Innovation Act,” lays out a bold agenda for legal reform across multiple regulatory regimes aimed at clarifying legal requirements for regulated entities to issue, trade, and provide services related to certain digital assets. This article provides a brief summary of 10 impactful provisions from the bill.

Breaches of patient privacy/security are considered the number one risk for liability in the healthcare industry today. Control over patient information in today’s society is becoming ever increasingly difficult with the expanding use of electronic health records, personal health records and social media, plus the advent of Health Information Exchanges. Outsourcing of healthcare operations provides additional risk, especially the enforceability of patient privacy/security law when patient information is sent outside the US. Unfavorable media, government enforcement, class action litigation and identity theft all pose a constant concern to in-house counsel, and vendors themselves are now at greater risk of liability with penalties now imposed on business associates. This panel will provide an overview of the principal federal laws & regulations concerning privacy/security (HIPAA/HITECH/Red Flags), their interaction with select state laws, international laws (EU Data Protection), and practical ways to minimize risk and keep patient information private and secure.

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 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.

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.

903 - Out of Sight, Out of Mind? Structuring Outsourcing Agreements in India & Asia-Pacific

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

Companies of all sizes are engaged in an effort to make Environmental, Social, and Governance (ESG) factors a part of their businesses in both vision and practice. The impact of personnel policies and practices extend far beyond the “S” portion of ESG. This resource outlines five personnel policies and practices to consider when assessing company ESG priorities and goals.

On Aug. 5, 2022, the US Court of Appeals for the Federal Circuit in Thaler v. Vidal ruled that an artificial intelligence (AI) system cannot be listed as a named inventor on a patent application, affirming the United States Patent and Trademark Office (USPTO) and US District Court for the Eastern District of Virginia rulings. The Federal Circuit concluded that the Patent Act requires an “inventor,” as defined in Section 100(f), to be a “natural person."

A presentation focusing on how cultural differences can make international business a challenge.

Despite your best efforts, there is always a possibility that an inspection from the US Occupational Safety and Health Administration will arrive on your company's doorstep. Don't be intimidated by the prospect. By having a pre-established understanding of OSHA and how its investigations impact company operations, legal departments can take preventative measures to mitigate the risk of a citation or subsequent litigation.

Since 2011, the US Securities and Exchange Commission has received over 18,000 whistleblower tips, with 4,200 occurring in 2016 alone. The evidence is undeniable: Agency whistleblower and bounty programs are here to stay, and legal departments should invest in effective internal compliance programs to keep reports within the company and out of the newspapers.

In October 2022, President Biden issued the “Executive Order on Enhancing Safeguards For United States Signals Intelligence Activities” (“EO”), directing steps the US will take to implement commitments agreed to under the European Union-US Data Privacy Framework in March 2022. The EO details key steps to strengthen privacy and civil liberties safeguards for US signals intelligence activities and creates mechanisms for individuals to seek redress for the collection of personal information through intelligence activities in violation of applicable US law.

This multi-jurisdictional guide provides insight into the realities of international arbitration, highlighting market trends and legal developments as well as policy and strategic issues.

Topics covered include arbitration agreements, interim relief, arbitration awards, investment arbitration and decisions in 24 jurisdictions.

The recently published report from the survey conducted by Polish law firm Wierciński, Kwieciński, Baehr Sp.k. (WKB) in cooperation with the Polish Association of General Counsel (the “Report”) provides useful insight into key compliance trends in Poland. In this Quick Overview, learn more about how compliance programs are viewed and internalized in Poland.

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.