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In light of a 2016 decision by the Staff of the Division of Corporation Finance of the US Securities and Exchange Commission (SEC), this article provides clarity to companies concerning their ability to exclude shareholder proxy access proposals by adopting their own proxy access provisions.

Recent reforms of mining laws in African nations have led to a movement away from regimes regarded by many as "investor friendly", with states seeking to assert greater control and generate increased revenues from their resources. However, the importance of a stable regulatory framework in attracting foreign investment has also been recognised. As states attempt to balance these competing goals, an increased focus on the harmonisation of mining law regimes across African regions could provide comfort to investors.

We are often asked questions about whether certain steps are necessary for procedural fairness. For example, do we need to put written allegations to a respondent? What if someone attends an interview with a lawyer? How long should we give an employee before asking for a response to allegations? There is often no simple answer. A number of factors are relevant in determining whether there has been procedural fairness.

On 25 June 2013, the German Federal Cartel Office released new fining Guidelines for competition law infringements. The new fining Guidelines implement the German Federal Court of Justice’s recent decision, in which it overturned the current interpretation of Section 81(4), subsection 2 of the German Act Against Restraints of Competition (GWB) as the applicable 10% “cap” on the total amount of fines linked to consolidated worldwide turnover. The Court reinterpreted the 10% turnover threshold, instead, as the maximum level of a “range” within which fines could be set.

The significant changes in the GCC during the last few years have seen an increased interest on the part of local businesses for engaging with international partners. The cultural differences can impact upon the progress and success of any business venture if not properly understood and accepted, along with the legal interplay between common law and the regional civil law systems. Careful consideration should be given to the choice of governing law and the forum for dispute resolution.

Conflict, which is a positive by-product of diversity, must be expected and welcomed in today’s innovative, diverse workplace. Diversity of thought is increased in the more diverse workplace, and while most Australian companies look for ways to increase diversity, they may struggle if the inherent conflicts get out of hand.

This article appears in the Australian Corporate Lawyer, Volume 30, Issue 1 - Autumn 2020

The conversation begun last year (ACCA Docket, March/April 1997, page 49) between Nathan S. Ide, general counsel for Federated Overseas Operations Logistics, Inc. (FOOLS, Inc.) and Oliver, Wendell & Holmes, outside counsel for FOOLS, Inc., continues as FOOLS seeks to expand business to the Pacific Rim.

Recent developments from CFIUS signal a renewed vigor to protect US national security. In this Client Alert, Latham attorneys highlight the recent developments related to national security investment reviews and outline its implications.

ESG has become a mainstream concern across companies, industries, and markets throughout the world. More than ever, companies’ ability to manage ESG risks and take advantage of new market opportunities can help them drive value for their stakeholders.

Here are Top 10 things that covered businesses interacting with Californians should consider as the California Privacy Rights Act (CPRA) as the effective date draws near.

This Wisdom of the Crowd (ACC member discussion) addresses how to dispute bills with outside counsel, under US law. This resource was compiled from questions and responses posted on the forum of the New to In-house ACC Network.*

This supplement includes articles concerning cross-border relations, M&A in Canada 2006 year in review, and insights from Dan McCarty, CLO for Imperial Tobacco Canada.

What legislation is applicable to insolvencies and reorganisations? What criteria are applied in your country to determine if a debtor is insolvent?

This Wisdom of the Crowd (ACC member discussion) addresses possible implications resulting from a company employing a worker remotely in a different state. This resource was compiled from questions and responses posted on the forum of the Employment & Labor Law ACC Network.

ACC Australia's profiles of women in-house counsel celebrates and showcases their extraordinary journeys. In this article, our members share their personal and professional growth, challenges they faced, and "advice to their younger self", learning from growing.

This article discusses the rules of cartels, antitrust enforcement, leniency programs, and how to assess whether you are in a high-risk industry. Learn how to manage an internal cartel investigation and limit your exposure in case antitrust authorities accuse your company of participating in a cartel.

Merger review at the US antitrust agencies considers, as the 2010 Merger Guidelines put it, “any reasonably available and reliable evidence.”

This is a sample joint venture agreement in which the members agree to form a limited liability company.

This Wisdom of the Crowd, compiled from questions and responses posted on the IT, Privacy, and eCommerce Forum, addresses whether the transfer of business contact "personal" data is subject to data privacy protections under European Union (EU) Law.

This article deals with cross-border financial services investigations and gives an overview of the answers across 11 key jurisdictions, and seeks to assist firms in navigating the differing regimes.

"Getting the Deal Through" reference guide for M&A professionals

Purchase Agreement (Finland)

This resource will examine the concept of interim measures, including what they are and when and how they can be used.

On 11 February 2014, the Council of the European Union unanimously adopted the new EU public procurement regime which had been approved by the European Parliament on 15 January 2014. Read more about these directives here.

This article discusses the 17 March 2014 sanctions imposed on certain Russian nationals by the European Union and how these can impact business with corporations related to the affected individuals.

In this presentation the presenter exposes the factors in-house counsel should consider when deciding to opt for arbitration vs. litigation or vice-versa.