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Articles
Stephanie M. Cerasano and Joseph J. Lynett, Jackson Lewis P.C.
06/24/2017

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.

Resource Details
Interest Area: Employment and Labor
Source: Resource Library
Region: United States
… P.C. June 24, 2017 This QuickCounsel suggests strategies for evaluating employee requests to telecommute as an … to consider when allowing employees to work from home in the United States. Resource Details Interest Area: … specific facts. For telecommuting requests, a key issue is whether presence in the workplace is an essential function …
Articles
Rafael Sánchez, Bernardo Sada and Diego Medrano; Cuesta Campos y Asociados
06/15/2018

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.

Resource Details
Source: Resource Library
Region: Mexico
… Articles Lifting the Corporate Veil: Partners' Liability in Mexico Author Rafael Sánchez, Bernardo Sada and Diego … representatives, agents, partners, or shareholders, liable for the unlawful acts carried out by the entities that they … for the individuals and their assets was identified. This is how the term "corporate veil" came into place, determining …
Articles
Konstantin Mikov, PETERKA & PARTNERS
12/04/2014

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.

Resource Details
Interest Area: Commercial and Contracts
Source: Resource Library
Region: Bulgaria
… Articles Bank Bankruptcy Proceedings in Bulgaria Author Konstantin Mikov, PETERKA & PARTNERS … (the "LBB") which in most of its aspects provides for specific rules derogating the bankruptcy rules for … expenditures, and may replace them at any time, etc. It is important to note that protection of the interest of the …
Articles
David Tournier, General Manager & Corporate Secretary, IFFCO Canada Enterprise
06/25/2017

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.

Resource Details
Source: Resource Library
Region: Canada
Audience: Small Law Departments, Large Law Departments
… Articles Industrial Projects in the United States: Three Milestones on the Road to … IFFCO Canada Enterprise Overview Project Finance is generally provided on a non-recourse or limited recourse … not play a central role in that context, it is essential for the project to be structured so as to secure a sufficient …
Articles
Mark S. Dreux
08/24/2017

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.

Resource Details
Source: Resource Library
Audience: Small Law Departments, Large Law Departments
… Evaluating the Full Financial Impact of an OSHA Citation is Key to Determining Whether and How an Employer Should Contest It in the United States Author Mark S. Dreux August 24, 2017 In … any relevant indemnification provisions; 3) the potential for OSHA to issue repeat citations in the future; 4) whether …
Articles
Anshul Prakash, Partner, Khaitan & Co
09/11/2017

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.

Resource Details
Source: Resource Library
Region: India
… of Women at the Workplace-Primer and Best Practices for Employers in India Author Anshul Prakash, Partner, Khaitan & Co … of business being conducted or size of workforce. It is noteworthy that the Act covers actions of employees not …
Articles
Cynthia A. Bremer, Monique Gougisha Doucette, W. Scott Hardy, and Hardy R. Murphy, Ogletree, Deakins, Nash, Smoak, & Stewart, P.C.
11/06/2017

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.

Resource Details
Source: Resource Library
Region: United States
… Articles Workplace Retaliation: Best Practices for Preventing these Common Claims (United States) Author … of costly civil liability, employers should be proactive in preventing and responding to whistleblower retaliation … Title VII Title VII of the Civil Rights Act of 1964 is just one of the many laws prohibiting retaliation. Title …
Articles
Sam Widdoes
05/10/2013

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.

Resource Details
Interest Area: Compliance and Ethics
Source: Resource Library
Region: United States
… Articles Privilege in a Global Landscape Part I: In-house Counsel in the United … QuickCounsel examines the predominant tests of privilege for in-house counsel in the United States, the risks involved … Lomasney. Introduction The attorney-client privilege is a critical tool in fostering a full and frank dialogue …
Articles
12/03/2013

This QuickCounsel reviews the intersection of franchises and labor law in the European Union, with particular focus on French law.

Resource Details
Source: Resource Library
Region: European Union, France, Germany, Austria
… reviews the intersection of franchises and labor law in the European Union, with particular focus on French law. … Overview Extending commercial activity by franchise is not risk-free. If the franchise contract does not leave a … and following). In addition, the European Ethics Code for Franchising defines the franchise and its main aspects. …
Articles
Rodrigo Resende Scarton
04/11/2016

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.

Resource Details
Source: Resource Library
Region: Brazil
Audience: New to In-House, Small Law Departments, Large Law Departments
… Source: Resource Library Region: Brazil Audience: New to In-House, Small Law Departments, Large Law Departments … … Addressing the legal barriers of companies in Brazil is an extremely difficult task. Brazilian legislation is one … tax rates in Brazilian states and different rules for similar products, which generates a real tax confusion …
Articles
Matthew S. Sarna, University of Maryland Francis King Carey School of Law
02/01/2017

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.

Resource Details
Source: Resource Library
Region: United States
Audience: New to In-House, Small Law Departments, Large Law Departments
… proxy access proposals; and analyzing corporate strategies for responding proactively to shareholder proposals. Resource … of shareholder activism. The present day regulatory scheme is primarily grounded in Rule 14a-8, 2 which governs … Additional Resources   • http://www.friedfrank.com/siteFiles/Publications/FriedFrank_CorpGovAdvisor_3-16.pdf …
Articles
Mathilde Laidin and Romain Souchon
04/10/2014

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.

Resource Details
Source: Resource Library
Region: France
… Articles Do preemptive clauses work in shareholders’ agreements? (France) Author Mathilde Laidin … AGREEMENTS From an objective standpoint : The clause is designed to fit with the shareholders' desire to increase … ( Article L.228-23 §5 of the Commercial Code provides for the nullity of a transfer of shares in fraud of an …
Articles
Stewart S. Manela, Arent Fox
02/04/2015

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.

Resource Details
Interest Area: Employment and Labor
Source: Resource Library
Region: United States
… operations, and customers may provide an undue advantage. In most jurisdictions, employers have a limited right to … employee's agreement not to compete after employment ends is in restraint of trade [ … former employer's confidential information. Consideration for Enforceable Covenants A covenant must have consideration …
Articles
Yann Richard & David Al Mari
04/24/2014

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.

… some cases, a compensation of the non-compete obligation is required. This QuickCounsel reviews the regime of … law, post contractual non-compete clauses must provide for a financial compensation. This is also the stance adopted … regularly upheld by the French Court of Cassation ( Cass. com., May, 5th, 2005, 02-19704 ). This warranty is legal by …
Articles
Catharine Black Lipp João, law student at Pontifical Catholic University of Rio Grande do Sul and intern at Carvalho, Machado, Timm Advogados (CMT) and Rafael Louzada Nardin, law student at Pontifical Catholic University of Rio Grande do Sul and intern at Cabanellos Schuh Advogados Associados
06/25/2016

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.

Resource Details
Source: Resource Library
Region: Brazil
… property (a type of intellectual property) protection in Brazil , specifically the case of item I of Article 2 of … exploitation of an idea in a certain territory for a limited period of time. Patents are divided into … invention , which are defined as follows: 1. Utility model is an innovation applied to an already existing equipment or …
Articles
ACC Employment & Labor Committee
11/19/2013

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.

Resource Details
Source: Resource Library
Region: United States
… LTD Benefits III. Period of Time Holding Jobs Open for Employees on LTD Leave IV. Compliance with The Americans … quoted below prior to publishing their eGroup comments in this Wisdom of the Crowd resource.) CHANGE OF STATUS WHEN LTD LEAVE APPROVED Question: Once an employee is approved for long-term disability leave, do you change …
Articles
Sam Widdoes
05/10/2013

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.

Resource Details
Source: Resource Library
Region: Belgium, Brazil, Canada, China, Denmark, European Union, France, Germany, India, Italy, Netherlands, Russia, South Africa, Spain, United Kingdom, United States
… Articles Privilege in a Global Landscape Part II: International In-house Counsel … United States … Overview The attorney-client privilege is a critical tool in fostering a full and frank dialogue between attorneys and their clients, which allows for better understanding of the client's factual issues, and …
Articles
01/06/2014

This Quick Counsel will focus on commenting the new data protection regulation in Colombia and its implications for the companies that handle data.

Resource Details
Source: Resource Library
Region: Colombia
… Articles Development of Data Protection Regulation in Colombia January 6, 2014 This Quick Counsel will focus on … protection regulation in Colombia and its implications for the companies that handle data. Resource Details Interest … interesting matter for companies. Therefore, personal data is now taken into account by companies and even states when …
Checklists
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
09/25/2024
7 pages

Learn the steps in-house counsel should when an employee requests a religious accommodation.

Resource Details
Region: United States
… & Stewart, P.C. September 25, 2024 7 pages Learn the steps in-house counsel should when an employee requests a religious … , Employment and Labor Region: United States … Be prepared for religious accommodation requests Learn steps that your … Nash, Smoak & Stewart, P.C. … 5797 … Learn the steps in-house counsel should when an employee requests a religious …
Articles
12/28/2020

Understand the implications of the Brexit agreement of December 24, 2020 between the United Kingdom and the European Union.

… Lewis   3. Impact on Legal Services: " Legal services in the EU-UK trade and cooperation agreement: an initial … 2020, by Clifford Chance " EU-UK Trade Deal: What It Means for Post-Brexit Data Flows ", December 28, 2020, by Hunton … " What the UK-EU Trade and Cooperation Agreement means for pharma and medical device companies ", December 31, 2020, …
Articles
Practical Law
02/06/2017
43 pages

This InfoPAK (now known as ACC Guides) provides a Q&A which gives a high level overview of the key practical issues including the level of activity and recent trends in the Australian market.

Resource Details
Source: Resource Library
Region: Australia
… Request a trial membership . … By in-house counsel, for in-house counsel.® Association of Corporate Counsel 1025 … 20036 USA tel +1 202.293.4103, fax +1 202.293.4701 www.acc.com By in-house counsel, for in-house counsel.® Association … Tool at http://us.practicallaw.com/7-500-9935. This Q&A is part of the global guide to private equity. For a full …
Docket Article
Publication Date: 10/01/2019
In this article, we will first provide an overview of some key concepts that apply to vendor management before discussing the regulatory landscape and the lifecycle of vendor management. We will cover the entire lifecycle: before, during, and after, along with legal requirements and special circumstances.
… strategy ready to avoid renewals or penalties, and if data is involved, confirm that the vendor does not keep it. Nearly … or products to the company. In addition, it is common for one area of the business to service another. This creates … have an exit strategy. In this operating model of frequent buying and selling, enforcement activity, and corporate …
Docket Article
Publication Date: 02/01/2017
Strict adherence to high ethical standards is essential to work in the oil and gas industry. With the level of governmental scrutiny, the margin for error is thin.
… 02/01/2017 Strict adherence to high ethical standards is essential to work in the oil and gas industry. With the level of governmental scrutiny, the margin for error is thin. Resource Details Interest Area: Compliance … to the supply chain. Lastly, a company can publish on its website, social media, and in news articles that the company …
Program Materials
Keji Ayorinde, Nora Naylor, Leonard Sherer, Ruthie White
05/19/2015

Briefly cover the main employment issues and regulations you need to keep in mind; Discuss the basics of addressing employment issues such as ADA and accommodation, overtime pay, FLSA classification compliance and leave, and training staff on key employment issues; and Cover emerging issues such as social media, diversity programs, genetic information discrimination, class action waivers and more.

Resource Details
Interest Area: Employment and Labor
Source: Meetings
…  -­‐  Houston,  Jackson  Lewis  P.C.   So,  What  Is  Going  On?  A  Lot!   Emerging  Trends:   •  NLRB  Back …     13   CPA  (cont.)     §  Examples  (from  the  NLRB  website)   •  Two  or  more  employees  discussing  pay  or …  company  that  provides  warehouse  workers  to   Amazon.com   –  The  workers  "retrieved  products  from  the …
Program Materials
George Bass
Jonathan Block
Sandra Loder
10/29/2013

Many companies lack a formal process for contract administration. Many others have a contract process which is in need of updating or improvement. This program session will review the lifecycle of contracts and highlight ways to develop and improve a company’s formalized contracting process. This session will emphasize practical tips that can be used to implement a contract management system and enforce up-to-date contracting policies, including who should be responsible for running the process, how contracts should be routed within the organization, signing authority, electronic contract management systems, monitoring contract compliance, and record retention.

… administration. Many others have a contract process which is in need of updating or improvement. This program session … to ACC’s Legal Resources Department at legalresources@acc.com Tuesday, October 29 9:00 AM - 10:30 AM 502: The Life of a … Name: Address: Contact Person: Telephone: Email: Fax: Website: D&B #: Does this vendor have an existing …
Articles
Michael Finn, Marie Kidwell, Yves Heijmans, Emmanuael Plasschaert, Giuseppe De Palo, Luigi Cominelli, Ann Rose Stouthuysen, Mark Duesenberg, Jerry Temko, Kevin Perry, Eugenia Stefani and Dr. Roland Boemer
06/01/2006

This issue discusses alternative dispute resolution in Europe.

Resource Details
Source: ACC Docket
Region: Belgium, Italy, United Kingdom
… UK Marie Kidwell, Hunton & Williams (Mkidwell@hunton.com) Almost without exception, companies will want the … unless a written and signed Settlement Agreement is concluded. Expert determination—can be binding depending … �006 Looking for your next in-house position? Visit the website exclusively for in-house jobs: ACC’s In-house Jobline …
Articles
Practical Law
03/23/2016
48 pages

This InfoPAK (now known as ACC Guides) provides a Q&A that gives a high level overview of the main trends and significant deals in Canadian construction plans.

Resource Details
Region: Canada
… 20036 USA tel +1 202.293.4103, fax +1 202.293.4701 www.acc.com By in-house counsel, for in-house counsel.® Association … tool at http://uk.practicallaw.com/4-502-1260. This Q&A is part of the global guide to construction and projects law. … Law. For more information about Practical Law, visit their website at http://www.practicallaw.com/.           For more …
Sample Forms, Policies, and Contracts
Womble Carlyle Sandridge & Rice, LLP
05/12/2014

This is a sample HIPAA policy and procedure document for organizations to give to employees.

Resource Details
Source: Resource Library
Region: United States
… Womble Carlyle Sandridge & Rice, LLP May 12, 2014 This is a sample HIPAA policy and procedure document for organizations to give to employees. Resource Details … preceding calendar year in the manner specified on the HHS website. If a law enforcement official states to the Plan …
Docket Article
Publication Date: 10/28/2021
Stop making Lady Justice act like a snob. Follow these five steps to design more useful and understandable contracts.
… , Technology, Privacy, and eCommerce Source: ACC Docket … For lawyers, the field of law is first and foremost about serving others. But when lawyers … they are meant to serve. Too often, employees, customers, website visitors, and business partners can do little more …
Benchmarking and Research Data
10/12/2015

Based on responses from over 5,000 in-house counsel in 73 countries, ACC's 2015 Census Report offers legal departments, law firms, and other legal industry partners insight into one of the largest ever samplings of the in-house community.
Purchase an electronic copy of the full survey or download the free Executive Summary below.

… multi-jurisdictional work and more. By in-house counsel, for in-house counsel® 2015 ACC Global CensuS A PROFILE OF … All rights reserved. For more information, go to www.acc.com/surveys. May not be distributed without expressed … Corporate Counsel, All rights reserved. Th e full report is divided into four sections. Th e Executive Summary of Key …
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