903 - Out of Sight, Out of Mind? Structuring Outsourcing Agreements in India & Asia-Pacific

STATEMENT OF THE AMERICAN BAR ASSOCIATION
to the
COMMITTEE ON JUDICIARY
of the
UNITED STATES SENATE
concerning its hearing on
"EXAMINING APPROACHES TO CORPORATE FRAUD PROSECUTIONS AND THE ATTORNEY-CLIENT PRIVILEGE UNDER THE MCNULTY MEMORANDUM"


SEPTEMBER 18, 2007

Despite your best efforts, there is always a possibility that an inspection from the US Occupational Safety and Health Administration will arrive on your company's doorstep. Don't be intimidated by the prospect. By having a pre-established understanding of OSHA and how its investigations impact company operations, legal departments can take preventative measures to mitigate the risk of a citation or subsequent litigation.

Since 2011, the US Securities and Exchange Commission has received over 18,000 whistleblower tips, with 4,200 occurring in 2016 alone. The evidence is undeniable: Agency whistleblower and bounty programs are here to stay, and legal departments should invest in effective internal compliance programs to keep reports within the company and out of the newspapers.

This Latin American briefing feature in the July/August issue discusses how unions and employers are impacted by the Free Trade Agreement (FTA) in Colombia.

The recently published report from the survey conducted by Polish law firm Wierciński, Kwieciński, Baehr Sp.k. (WKB) in cooperation with the Polish Association of General Counsel (the “Report”) provides useful insight into key compliance trends in Poland. In this Quick Overview, learn more about how compliance programs are viewed and internalized in Poland.

This checklists provides a rolling action item list for the implementation of a global anti-corruption program. It was part of ACC's 2012 Compliance and Ethics Training Program.

This list has 10 considerations for employers to keep in mind from the perspectives of employment law, employee safety and health, and labor-management relations when it comes to the COVID-19 vaccines.

Top ten tips to generate cost savings that is sustainable while maintaining a top-notch law department.

In most business transactions, lawyers are not involved in determining the ultimate price. However, in some situations, this amount can raise a red flag as it might subject the parties to sanctions. Due consideration must be given in particular to tax (I) and contract (II) law in the European Union.

This guide provides an overview of key legal issues, rules, and developments regarding derivatives across a range of jurisdictions.

Topics covered include documentation and formalities, credit support, insolvency/bankruptcy, close-out netting, taxation, and market trends.

In Hong Kong, investors may carry on businesses through various types of business<br />vehicles, such as sole proprietors, partnerships or companies.

In July 2022, the sponsors of the Uniform Commercial Code (“UCC”) approved wide-ranging amendments to the UCC (“2022 UCC Amendments”) to provide workable rules for emerging technologies, such as distributed ledger technology and virtual currency. If adopted by individual state legislatures, these amendments should provide greater certainty regarding the rules governing security interests, competing claims, custodial risks, and other issues associated with digital assets. This article provides a high level summary of selected aspects of the 2022 UCC Amendments that may be of particular interest to financial market participants.

The US Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, has created profound uncertainty for individuals and entities attempting to navigate a web of inconsistent and often conflicting federal and state laws. One key question is the impact of individual state laws on the provision of health-related services or benefits across state lines, particularly where state laws provide for criminal liability.

This resource provides in-depth analysis regarding the US Department of Labor final rule regarding ERISA fiduciary investment advice, including amended exemptions for conflicted investment advice.

Before meeting with outside counsel to develop principles on certain conflicts of interest issues, review the basic legal and ethical principles on: (1) former client conflicts, (2) corporate family conflicts, (3) waivers of future conflicts, and (4) accommodation clients.