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.
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.
305 A View from the Top: CEOs Forecast Their Vision & Plans for In-house Counsel
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.
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.
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 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.
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.
A case study on joint ventures in Africa. This resource includes a chart to help align discussion of potential issues and organize thoughts and questions.
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.
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.
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 Hong Kong, investors may carry on businesses through various types of business<br />vehicles, such as sole proprietors, partnerships or companies.
Last month, the Delaware Court of Chancery and the US Securities and Exchange Commission (SEC), each analyzed the response of the McDonald’s board to allegations of serious misconduct by the company’s most senior executives. As a result, non-director officers may face liability for failing to properly oversee the corporation’s affairs and ignoring “red flags” within their “areas of responsibility.” To learn more read this article developed by Latham & Watkins.
This article from Fasken Martineau covers the principle behind the French Commercial Code on notice period.
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