Environmental risks and liabilities, which can be substantial, are a part of most commercial and real estate transactions involving in-house counsel. Parties to a transaction must identify, evaluate and allocate those risks and liabilities in order to protect their interests; and the parties—sellers, purchasers, lenders and insurance companies—have diverse perspectives and methods for managing environmental risks. Learn the sources of environmental liabilities, including federal and state statutes, implementing regulations, local ordinances and rules and common law. Then discover contractual provisions for allocating or limiting environmental risks, including definitions, representations and warranties, covenants and conditions precedent, indemnities, releases and other contractual mechanisms to allocate or limit such risks. Speakers also will reveal non-contractual ways to allocate or limit environmental risks, including deed restrictions and environmental insurance.
Learn how to structure your compliance program based on recent actions by the US Department of Justice (DOJ), the US Securities and Exchange Commission (SEC) and other regulators. A panel of experts will discuss recent deferred prosecution agreements and non-prosecution agreements; how corporate integrity agreements and declinations provide a wealth of information and direction; and how these agreements provide insight into the expectations of the DOJ, SEC and other regulators. Panelists will dissect the most recent agreements and discuss key takeaways for compliance programs.
The role of in-house counsel in India is evolving rapidly, and the influence of legal over other departments is also growing. Indian corporate counsel must prepare themselves for compliance in multiple jurisdictions and be aware of the legal and ethical environs of the countries in which they are doing business.
This short article provides an overview of International Commercial Terms (Incoterms). Incoterms aim at providing rules for international sales contracts by allocating tasks, costs and risks between sellers and buyers. The article provides a global perspective, with a focus on French court decisions, and a brief comparison with the US Uniform Commercial Code and with Combiterms.
In this Quick Overview, in-house counsel can learn about VAT (Value Added Tax) and Special Tax for Products and Services (STPS) regulations and how they affect the Mexican manufacturing industry.
Use this material to convince your CEO that you need to implement an effective compliance program or revamp your current one.
This survey identifies “best practices” concerning the organisation, processes and IT tools of Contract Management in companies within Europe. In doing so, we want to support you in determining and selecting the best approach to Contract Management in your enterprise or department.
This article identifies the industries on the rise in Africa’s emerging markets.
ACC presents a rundown of all the important, need-to-know changes and updates within the Securities and Exchanges Commission.
This InfoPAK discusses the role of the general counsel in the United States, Canada and Europe. The purpose of this InfoPAK is to provide some definition of the role, scope and nature of the duties of a general counsel in a globalized, post-Enron, post-Parmalat, post-Satyam Sarbanes-Oxley world, further battered by a worldwide recession the likes of which have not been seen for more than a generation. By noting some of the issues that arise in the ordinary course of an inhouse counsel’s practice, this InfoPAK will help general counsel provide high-quality representation for their corporate client.
The Federal Trade Commissions submitted this report to Congress under sections 318 and 319 of FACTA.
This InfoPAK (now known as ACC Guides) provides a practical guide to joint ventures, including practice notes and standard documents for cross-border deals with detailed drafting notes highlighting the main legal, commercial and negotiating issues in Hong Kong.
Office Depot sample of a request for proposal for intellectual property legal services. Includes a Master Services Agreement and Outside Counsel Engagement Guidelines.
Typically, all potentially responsible parties (PRP) are held jointly and severally liable for the costs of environmental cleanup at hazardous waste sites. The bankruptcy of a PRP can further complicate the already burdensome task of allocating those cleanup costs. This article proposes a reevaluation of strategies when allocating costs, filing claims and litigating issues related to environmental remediation.
When it comes to supervising an electric power construction project, the role of the in-house lawyer is manifold. He must provide legal advice and support to the senior executives considering the project, and the project manager and other internal stakeholders who execute the project. He must build trust with the project team and support them in a way that gets the project completed on time and under budget. Using a hypothetical scenario, this article highlights best practices for managing power projects.
Read this article to learn how you can use a combination of patent strategies and regulatory strategies to help your company maintain its pharmaceutical market exclusivity.
Womble Bond Dickinson’s second annual analyzes the fast-evolving global data privacy law landscape and, for the first time, includes over 200 respondents from both the US and UK.
Some topics include the growing use of biometric data and artificial intelligence (AI), differences between operating in the US, the UK, Europe and more.
Patent claims by non-practicing entities (NPE's) have been at the center of debate among federal and state legislators for the past few years. The articles discusses the emerging role State AGs have begun to play in prohibiting bad-faith patent infringement claims.
This statement is intended to alert financial institutions to specific risk mitigation related to the threats associated with destructive malware.
As a result of the Health Information Technology for Economic and Clinical Health Act (HITECH), many businesses which weren’t subject to the Health Insurance Portability and Accountability Act (HIPAA) are suddenly struggling to understand their requirements and responsibilities under HIPAA. For example, the session will cover requirements and responsibilities related to negotiating contracts, accepting liability, providing indemnity and complying with federal requirements. This session will also discuss Business Associate Agreements: who is subject, what a subject entity is required to do (and what they’re not required to do), and what that means for their business –– especially if the business isn’t actually in the healthcare field. This includes an understanding of what should and shouldn’t be in the agreement; what may seem to be boilerplate should be carefully examined. A basic understanding of HIPAA requirements will be helpful for this session.
Developing technologies and our increasingly mobile and global society enhance the logistical ease and potential benefits of multi-jurisdictional practice. However, inconsistent licensing and unauthorized practice of law rules and the fundamental need to protect privilege and privacy may limit its usefulness and efficiency. In this session, in-house counsel from organizations with multi-jurisdictional presence will share ideas about how their companies and others might use available technology to better leverage resources across jurisdictions. Just as importantly, they will identify some potential pitfalls — ethical and otherwise — to help participants understand the practical and legal parameters of such practices involving MRCP 5.5.
This resource presents important tips for how to an in-house job, including networking, creativity, and getting published.
How should in-house counsel deal with new work from home policies due to the Covid-19 Pandemic? In this article, learn skills and takeaways for discussions with you team.
A combination of methodology, case studies, and practical guidance, Trevor Faure’s new book Smarter Law is a helpful how-to of legal service improvement.
This is a sample active power software license agreement.
This is a glossary of Information Governance terms.
This guide presents an overview of key legal and regulatory issues in the medical device business across a range of jurisdictions.
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