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.
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.
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.
The Class Action Fairness Act (CAFA) changed the rules of class action lawsuits to alleviate problems with forum-shopping and limit the number of interstate class action suits decided in state courts that have little, if any, connection to the case or controversy. But in the short term, CAFA could wind up making class action suits more protracted, and quite costly to corporate defendants. Read how to navigate the potholes, detours, pit stops, and dangerous curves of the statute.
ACC Comment Letter to SEC on Concept Release No. 33-‐9862, Possible Revisions to Audit Committee Disclosures
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.
Accidents happen. And when they do, a waiver may determine whether or not your company is held liable. Recent court cases, however, suggest that waivers executed by parents on behalf of their children are unenforceable in certain states. Learn why and where these agreements fall short, and what you can do to further protect your company.
As corporations continue to focus on cost reduction and increased efficiency, a second wave of strategic initiatives has brought value back into the limelight. Legal departments and firms should work together to implement new practices that are mutually beneficial. You have two choices: Ride the wave or wait for it to crash down on top of you.
How much oversight in-house counsel should exercise in connection with document preservation and collection in ediscovery is a delicate balance of push and pull. Should you allow executives and employees to decide what is relevant and have them push the data for production? Or should your team pull the data and then review for relevancy? This article considers leading court cases in order to provide some suggestions for how you can best supervise the ediscovery process.
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.
Social media has continued to grow in its use and accessibility at tremendous speeds. It's important that in-house counsel and their legal department understand social media and implement policies that protect the companies and employees from any issues.
This article highlights the implications of the new mandatory reporting legislation, to be introduced in 2018. In-house counsel should be aware of cybersecurity standards for their company and how it impacts their work.
This article takes a look at how herd mentality can influence ethical decisions, and how to leverage the power of the group to make effective decisions.
Finding a new job is always important — but so is your exit from your current role.
Tips on how formal training for in-house counsel will benefit the company in the long run.
This checklist provides an overview of the U.S. E-Sign Act and the Uniform Electronic Transactions Act (UETA) and lists practice points for using electronic records and signatures.
Because of their disposition, background and training, lawyers are often most comfortable expressing themselves through the spoken or written word. The reports that legal departments give to their boards of directors (BOD) are often in the form of narratives of major events (litigation, claims, etc.) that are considered sufficient material for the board’s review. However, BODs continue to increase their expectations of the quality and depth of information they receive from all members of the senior management team. Legal departments can use readily available data and software to create statistics-driven analyses to enhance their understanding of trends in their areas of responsibility, and increase the value of their reports. Come to this session to learn how lawyers without formal business administration training can use common software tools to create analytics (that do not require extensive statistical or modeling expertise or additional expense), and convey this information to their boards.
There are a variety of reasons why companies move their data to the Cloud. In this article, issues with software asset management, use of external electronic data storage, and IT teams capabilities are discussed for Hong Kong-based companies. This resource was produced in December 2019.
If you have been wondering how to make big leaps to meet demand for legal services in you department, learn how these 2014 ACC Value Champions cut cycle time for contracts and other legal services by using technology, smart staffing and training risk-calibrated work allocation, and by addressing root causes that drive demand.
As in-house counsel, you provide your outside counsel with some of your company's most highly sensitive information. Your company may have robust procedures for evaluating other third-party vendors with access to company data, but often with respect to law firms, the procurement process is left solely to in-house counsel. Do you know what your law firms are doing to protect that information from cyber attacks and other disclosures? Even if you consider your company to be at low risk for cyber incidents, can the same be said of your law firms? This discussion will explore the issue of law firm data security - how to address the issue when retaining a new firm or raise the issue with an existing firm. The panel will also discuss what policies and processes should be applied inside the legal department to meet in-house counsel's ethical obligations under Rule 1.6 of the Model Rules of Professional Conduct.
This profile and its attendant resources are written to help in-house counsel assess their emerging role in preventing corporate failures, the risks they face (personally and professionally) in representing the company/organization in that capacity, and protections available to in-house counsel in the in- house employment setting.
The Court ruled the Department of Justice and the USAO deliberately or callously prevented defendants from obtaining funds for their defense that they lawfully would have had absent the government's interference. This opinion includes a discussion of the Thompson Memorandum, and holds the Thompson Memorandum and the USAO's actions caused KPMG to limit and then cut off payment of fees for defense.
In the wake of the US Supreme Court decision to legalize same-sex marriage and recent legislation surrounding transgender rights, in-house counsel must tune out the controversy and ensure that their company remains compliant with changing state and federal regulations.
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