This Quick Overview addresses the role of E-Discovery in developing information governance policies in the United States. Although many organizations are developing information governance practices to extract business value from their existing data, they are not simultaneously addressing the potential risks and costs associated with that data, particularly when the data is electronically stored.
This QuickCounsel outlines the variety of regimes of liability applicable to statutory auditors, tax and legal counsels.
This QuickCounsel reviews the threshold compliance issues for determining whether an organization is a government contractor in the United States and some of the legal implications for that designation.
This Quick Overview points to the importance of an employer understanding the difference between an employee and independent contractor in order to determine a company's tort liability in the United States.
This QuickCounsel provides tips for getting more value from your outside counsel.
This Quick Overview explains the federal law requirements for obtaining and maintaining tax-exempt status under Section 501(c)(3) of the United States tax code.
The main purpose of the Open Skies Agreements is to deregulate certain areas of the air transport industry in Brazil and, consequently, encourage the market to work freely, which causes various effects in liberalized markets.
This short article (Quick Counsel) describes the challenges that employers face with regard to previously ineligible individuals seeking to obtain employment authorization under the the US Deferred Action for Childhood Arrival (DACA) program.
This Quick Counsel explains the general provisions that limit some of the clauses that the franchise agreement may contain.
This quick overview will address the impact of the preliminary injunction issued in November 2016 by a US federal judge against the US Department of Labor, regarding overtime exemption rules. The QuickCounsel also addresses how businesses can adapt their actions.
Many employers have implemented education and employee disciplinary guidelines to address workplace violence in the United States. While both are important, they often fail to provide employees with tools that could prevent one of the root causes of workplace violence: impacts of early trauma.
Given the importance of tax litigation in Brazil and relative lack of materials about the subject, the present article, which will be developed in two parts, aims to present an overview on the main features of the federal administrative tax procedure in Brazil, its pitfalls and opportunities.
This QuickCounsel provides guidance on how legal departments can create in-house pro bono programs.
This QuickCounsel suggests strategies for evaluating employee requests to telecommute as an accommodation, as well as factors to consider when allowing employees to work from home in the United States.
This article presents scenarios found in Mexican legislation, showing a clear tendency to hold individuals, either legal representatives, agents, partners, or shareholders, liable for the unlawful acts carried out by the entities that they own and/or represent.
Bulgarian legislation has a specific Law on Bank Bankruptcy (the "LBB") which in most of its aspects provides for specific rules derogating the bankruptcy rules for companies.
In the first part of this Quick Overview, we examined how the feedstock of industrial projects in the United States should be procured so as to enhance bankability. In this third and final part, we address the purchase of the project's future production and other considerations that may affect bankability.
In the United States Occupational Safety and Health Administration (OSHA) citations can be deceptive. Even when the proposed penalty in the citation appears to be insignificant, the citation can still be end up being extremely costly. Employers should evaluate the potential financial impact the OSHA citation could have on their company, and from that evaluation, decide whether to challenge the citation or settle it on a reasonable basis. This article will outline the major issues that each employer should consider in evaluating the full financial impact of a citation upon the company.
Indian employers, akin to their global peers, are increasingly realising the importance of a safe and amicable work-place - for all sexes. This requires a conscious policy directive aimed at preventing workplace harassment instances coupled with an institutional mechanism for redressal of complaints in a quick, transparent and just manner.
Due to the potential of costly civil liability, employers should be proactive in preventing and responding to whistleblower retaliation claims. This Quick Overview will provide information as to create an encouraging, positive compliance culture, conducting effective investigations, and instituting some best practices to avoid and, if necessary, defend against claims of retaliation.
This QuickCounsel examines the predominant tests of privilege for in-house counsel in the United States, the risks involved with communicating with branch offices in other countries, and potential protective measures an attorney may take in order to prevent the discovery of communication between an in-house lawyer and his or her corporate client.
This QuickCounsel reviews the intersection of franchises and labor law in the European Union, with particular focus on French law.
This Quick Overview addresses the legal adversities and the impacts faced by the supermarket industry under Brazilian legislation that should be carefully analyzed not only by foreign investors, but also by domestic investors on a daily basis.
This Quick Overview aims to provide a broad-stroke perspective on the 2016 U.S. Proxy Season and its underlying trends by providing a brief overview of the history and regulation of shareholder activism; illustrating the growing prominence in proxy access proposals; and analyzing corporate strategies for responding proactively to shareholder proposals.
Preemptive clauses allow a person or entity to acquire priority shares of a company before they are transferred. Although preemptive clauses can be embedded directly into the bylaws, drafters may also insert them into shareholders' agreements. This QuickCounsel will review the pertinence, validity, and effectiveness of such preemptive clauses under French law.
This QuickCounsel addreses state law which governs most post-employment restraints, and since the rules vary significantly by jurisdiction, restrictive covenants must reflect the limitations acceptable under the law likely to control.
This brief resource (Quick Counsel) reviews the regime of compensation of post contractual non-compete clauses in employment contracts, as well as in a number of commercial contracts. It focuses on the rules applicable in France, while highlighting some particularities in other European countries.
This Quick Overview seeks to clarify industrial property (a type of intellectual property) protection in Brazil , specifically the case of item I of Article 2 of Federal Statute 9279/96, related to the grant of patents of invention and utility models.
This Wisdom of the Crowd, compiled from responses posted on the Employment & Labor eGroup, addresses issues regarding treatment of employees who are on long-term disability ("LTD") leave.
This QuickCounsel examines the differences in attorney-client privilege between the United States and the European Union, individual European countries, Canada, Brazil, Russia, India and China.
Show results exclusively from the ACC Resource Library with customizable filters