No matter how severe the injury, willful misconduct is a designation used to encompass behaviors that, if engaged by an employee, can bar a workers’ compensation claim — leading to missed benefits and/or medical treatment. As a result, much of the onus falls on the employer to draft clear policies that establish discerning hiring practices and include regular training. Here’s how to protect your employee, and your company in the process.
Discusses the ten critical questions, ranging from scope to procedures to secrecy, that you must ask before signing a nondisclosure agreement.
The purpose of this resources is to discuss common hotel management agreement provisions and concepts in the United States. The authors will touch upon one or more topics which sparks a "I've always wondered why that is the way it is but nobody has taken the time to explain it" reaction with you. The hope the discussion goes some way to demystify the topic.
The 10-part series will cover the following topics:
1. Why is the manager's fee based on hotel's revenue and profit and not some other basis?
2. Why do some agreements provide that the manager is the owner's agent and some do not?
3. Why does the owner employ most or all of the hotel employees (and not the manager)?
4. What is the risk/reward relationship between an owner and manager?
5. Why does the owner indemnify the manager?
6. Why do we need a non-disturbance deed between the owner, manager and financier?
7. Why the need for an area of protection?
8. Why is the owner usually prevented from selling the hotel to one of the manager's competitors?
9. Why does the manager impose restrictions on the owner's ability to finance the hotel?
10. What is the importance of brand standards?
This chart is a questionnaire on the regulation of recall campaigns of defective produces in Argentina, Brazil and Chile.
The Securities and Exchange Commission (SEC or Commission) Chair Gary Gensler has signaled his desire to have the SEC propose rules in April 2022 to increase its scrutiny of special purpose acquisition companies (SPACs) and private companies that go public through de-SPAC transactions.
Open source software is being used more and more frequently, and in-house attorneys need to get a firm grip on all that the software entails, especially in terms of compliance. This article takes a look at your first steps in doing this, assessing the risks, litigation and licenses involved in using it, outsourcing and acquisitions where it is involved, and the management of its use.
As businesses continue to expand their operations beyond the borders of the United States, the scope of the in-house attorney’s role also grows. Now more than ever, the business is looking to its corporate counsel to evaluate all of the issues that can come about as a result of global operations. This articles looks at how corporate law departments are stepping up to the challenge of managing the environmental, social, and liability risks involved in managing global expansion efforts.
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.
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.
Discusses a modular approach to drafting contracts, listing and describing a set of modules or individual elements determined by analyzing different contracts and breaking them down into their component parts.
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 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.
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.
In today’s global economy, the need to send employees overseas remains strong. How are leading global organizations dealing with the challenges of effectively incentivizing international employees, without compromising their global budget? There are a myriad of details dealing with basic pay, perquisites, allowances, taxes, and benefits and issues regarding whether to establish local or global policies, which need to be resolved. These issues can haunt even sophisticated US-based HR managers and in-house attorneys. And for many, past practice suggests that solutions are extraordinarily expensive. Our panel of experts will provide a road map through all of these issues. From selecting the right person and developing a smart policy and strategy, to dealing with domestic pay, tax and benefits requirements, you will have all the tools to maximize the value of the assignment to the organization, while operating in a cost-efficient manner.
Getting the Deal Through is delighted to<br />publish the ninth edition of Arbitration, a<br />volume in our series of annual reports,<br />which provide international analysis in<br />key areas of law and policy for corporate<br />counsel, cross-border legal practitioners and<br />business people.
With the booming growth of international business comes a boom in international business disputes. In-house lawyers for companies doing global business need skills in all aspects of international arbitration, including counseling, contracting, and the arbitral process. But they need to be aware that the international arbitration process involves procedures unfamiliar to most American lawyers. For example, court selection and arbitration clauses that are effective for domestic transactions do not work well in international deals. This HandsOn will offer you a guide to the key features of international arbitration law, and some tips on how to make your arbitration a success.
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