To assist in-house counsel to understand the class action landscape and the potential risks their organisations face, the authors have analysed class action filings over the last decade. This data reveals both the enduring and emerging trends and provides an insight into the future.
The author uses the Open Compliance and Ethics Group’s 2012 “Governance, Risk Management and Compliance” Maturity Survey as a springboard to discuss the three critical areas that companies focus on when trying to improve their GRC system: information pipelines, dashboards, and checks and balances.
This article, developed by Latham & Watkins, covers the ruling in Crest v. Padilla I and II that found that the California Corporations Code Section 301.3 (SB 826) and Assembly Bill 979 (AB 979) were in violation of the Equal Protection Clause of the California Constitution. Read the article to learn more.
Significant amendments to the Canadian Trademarks Act are expected to come into force at the end of 2015 or in early 2016, according to the Canadian Intellectual Property Office (CIPO). Detailed amendments appear in Bill C-31 entitled Economic Action Plan 2014 Act, No. 1.
This short article gives an overview of the advertising and marketing laws in the Netherlands.
An easy reference guide to employee non-compete agreements across borders. It sets out the key considerations to take into account when drafting, updating and enforcing non-compete agreements and restrictive covenants in different jurisdictions in Europe, Africa, and the Middle East.
This is a sample business conduct policy.
This is a list of resources to help start a pro bono program.
Early BIM demonstration projects have achieved savings of around 20% in the construction phase, some projects are expected to make a 33% cost savings over the life of the project and future projects are targeting even greater savings. Read more about BIM in this article.
This is a sample services agreement between a company and supplier, for the manufacturing and supply of medical products.
Each year brings new executive compensation rules and considerations, whether based on Securities and Exchange Commission (SEC) rules, developments under the Internal Revenue Code, litigation trends, institutional adviser sentiment, or proxy advisory firm policy updates. As a result, US public companies will need to be on top of the changing executive compensation rules when preparing their proxy statements and annual meeting agendas. Latham & Watkins provides an overview of key regulatory developments, including final rules from the SEC on pay versus performance disclosures, clawback policies and 10b5-1 insider trading plans, updates to Institutional Shareholder Services (ISS) and Glass Lewis voting guidelines, considerations relating to CEO pay ratio disclosures and equity plan proposals and other important proxy season housekeeping and reminders, including as they relate to say on pay and the say on pay frequency vote and compensation advisor independence and risk assessments. Companies should consult with their legal, tax, and accounting advisers to confirm compliance with disclosure requirements, tax law developments, recent litigation trends, and other considerations that will require continued attention in 2023 and beyond.
Prior to deployment, travellers should be briefed on the current threat and the necessary level of awareness, as well as the range of possible targets, in order to adjust their plans accordingly.
This article provides a quick description and practical tips regarding 10 key contract clauses in professional services agreements.
This is a sample sales agreement for a hotel guest room block.
This is a sample sales agreement where the Hotel agrees to hold the space listed in this agreement on a tentative basis.
This is a sample hotel group sales agreement where the Hotel agrees to hold the space listed in the agreement on a tentative basis until a specified date.
This is a sample contractor agreement where company is a non-profit organization.
This is a sample intel enhanced data security assessment form.
This decision by the High Court of Australia highlights the importance of carefully drafting reasonable endeavours clauses. Where it is commercially acceptable, it would be prudent for an obligee to seek to include express, specific and objective boundaries on the obligor's conduct.
How many employees have you had off work sick in the last year? Do you struggle to manage these absences? Would more detailed medical information about each employee's condition help you? Two recent cases provide useful guidance for employers in obtaining, and using employee medical reports.
A recent decision in Australian law suggests that management action will be viewed as a whole, and not with a focus on each step taken. This approach may indicate that the anti-bullying jurisdiction may provide even less relief for workers than previously thought. Read more to find out how this will impact anti-harassment protocol in your company.
This report underlines the extent to which corporates have sought to diversify their funding mix. Following years of volatility and uncertainty, the financial markets appear to be stabilising. What’s now clear, as the dust settles from the financial crisis, is that a structural shift has taken place in the way that corporates access finance. This report highlights that, rather than returning to normality, financing is set to become increasingly diversified. It also assesses the implication of this on the behaviour of both banks and funds.
When do you need acquired business financial disclosures in a prospectus under the SEC's amended rules?
How will that contract you just drafted stand up to the scrutiny of a judge or jury? Each year, some of the largest jury verdicts in the United States are awarded in breach-of-contract cases. Panelists will discuss lessons learned from trying contract cases to help you evaluate, prepare for and win contract-related litigation. Topics will include unique issues that arise in trying contract claims, how commonly used contractual clauses can backfire at trial, minimizing risk in contract drafting and negotiation, restricting application of fiduciary duty and the implied covenant of good faith and fair dealing, third-party vendor liability and damages.
How to do Legal Project Management
Blind spots are more than just driving hazards. Business leaders should be aware of ethical blind spots. This article offers examples of blind spots in corporate settings and gives advice on how to avoid calamity.
The author provides examples of successful and not-so-successful fixed fee retainers, highlighting the two critical factors for making them work.
The SEC provides much-needed guidance on the new pay versus performance disclosure requirements that will be applicable to the current proxy season. In this resource, Latham & Watkins summarizes the guidance that will likely be applicable to most companies
This article discusses key developments in the regulation of business function outsourcing and labor dispatch in five Asian countries: China, Indonesia, Japan, South Korea, and Vietnam.
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