This excerpt from the chapter on corporate governance in the book Successful Partnering Between Inside and Outside Counsel focuses on the business judgment rule.
Lists the five essential elements of an effective internal controls/fraud prevention program outlined by the Committee of Sponsoring Organizations (COSO). If adopted by a company, these elements would aid in 1) efficient and effective operations, 2) accurate financial reporting, and 3) compliance with laws and regulations.
Commercial Contract Series - presentation held in Melbourne 14 June 2017.
An appeal may not always be the best course of action. And since your CEO may not understand that an appeal, with the financial burden it can impose and its lengthy process, involves much more than just a second chance to win the case, it is your job to explain it. Find out about the technical details of filing an appeal, decide when your company should pursue one, and when it should settle for the initial judgment.
Real estate transactions in Mexico are complicated. Foreigners are prohibited from purchasing real estate in certain areas, while in other areas agrarian rights can affect the purchasers title to real estate. This program will discuss in detail the how legal transactions are processed in Mexico.
Electronic commerce is rapidly changing the way companies do business. To be an effective counselor in the transition, you need to understand the company’s business, know and use the jargon, and share the corporation’s long-term vision.
On 4 February 2014, the Singapore High Court, in The Titan Unity (No. 2), confirmed that a non-signatory to an arbitration agreement can be joined in an arbitration only with the consent of all the parties concerned. The decision is of interest, as it highlights the issue of joining non-signatories to an arbitration and consolidation of related arbitration proceedings.
As various restrictions put in place during the global coronavirus pandemic have lifted across the world, many businesses have embraced hybrid working. However, as we look to the future, are these working arrangements of the so-called “new normal” really here to stay?
This is a sample litigation hold policy regarding worker's compensation.
It is past time to recognize the primary root cause of corruption — a failure of top leadership
Although people do not respond to slogans, they do respond to leadership.
This checklist provides regulatory updates for global remote work policies.
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.
Conflicts of interest are common because our personal lives intersect constantly with our professional lives. Here's how to manage office policies as in-house counsel.
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.
Learn how US cybersecurity regulation and policy may change in the wake of the US Supreme Court's 2024 decision overturning the Chevron doctrine, as well as takeaways for your organization.
Are you an in-house professional interested in teaching a law school course? You may wonder how peers who teach law school designed their syllabus. Take a look at the syllabus developed by Veta T. Richardson, ACC President and CEO, and Justin Connor, Executive Director, Center for Industry Self-Regulation.
ACC Repsonse to White Paper of the Committee of Experts on a Data Protection Framework for India
International arbitration is a popular and well-known method of dispute resolution among in-house attorneys. What is not so well known are the tools and tactics needed to create successful resolutions. Read on and find the key facts of international arbitration.
In Ust-Kamenogorsk Hydropower Plant JSC -v- AES Ust-Kamenogorsk Hydropower Plant LLP the UK Supreme Court confirmed that the English courts have the power to restrain non-European proceedings brought in violation of an arbitration agreement, even where no arbitration has been commenced or is contemplated. The decision is another example of the English courts' support of the arbitration process.
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