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Displaying 7381 - 7410 of 11272
Articles
Corporate Pro Bono, the global pro bono partnership of ACC and the Pro Bono Institute.
08/15/2015

This QuickCounsel provides guidance on how legal departments can create in-house pro bono programs.

Resource Details
Interest Area: Law Department Management
Source: Resource Library
Region: United States
Audience: CLO / GC
… Articles In-House Pro Bono and the ACC CLO 2015 Survey Author … their legal staff to engage in pro bono. This finding is further evidence of the increased in-house pro bono … status of in-house pro bono, details pro bono options for departments of all sizes, provides solutions and …
Articles
Stephanie M. Cerasano and Joseph J. Lynett, Jackson Lewis P.C.
06/24/2017

This QuickCounsel suggests strategies for evaluating employee requests to telecommute as an accommodation, as well as factors to consider when allowing employees to work from home in the United States.

Resource Details
Interest Area: Employment and Labor
Source: Resource Library
Region: United States
… P.C. June 24, 2017 This QuickCounsel suggests strategies for evaluating employee requests to telecommute as an … to consider when allowing employees to work from home in the United States. Resource Details Interest Area: … specific facts. For telecommuting requests, a key issue is whether presence in the workplace is an essential function …
Articles
Rafael Sánchez, Bernardo Sada and Diego Medrano; Cuesta Campos y Asociados
06/15/2018

This article presents scenarios found in Mexican legislation, showing a clear tendency to hold individuals, either legal representatives, agents, partners, or shareholders, liable for the unlawful acts carried out by the entities that they own and/or represent.

Resource Details
Source: Resource Library
Region: Mexico
… Articles Lifting the Corporate Veil: Partners' Liability in Mexico Author Rafael Sánchez, Bernardo Sada and Diego … representatives, agents, partners, or shareholders, liable for the unlawful acts carried out by the entities that they … for the individuals and their assets was identified. This is how the term "corporate veil" came into place, determining …
Articles
Konstantin Mikov, PETERKA & PARTNERS
12/04/2014

Bulgarian legislation has a specific Law on Bank Bankruptcy (the "LBB") which in most of its aspects provides for specific rules derogating the bankruptcy rules for companies.

Resource Details
Interest Area: Commercial and Contracts
Source: Resource Library
Region: Bulgaria
… Articles Bank Bankruptcy Proceedings in Bulgaria Author Konstantin Mikov, PETERKA & PARTNERS … (the "LBB") which in most of its aspects provides for specific rules derogating the bankruptcy rules for … expenditures, and may replace them at any time, etc. It is important to note that protection of the interest of the …
Articles
David Tournier, General Manager & Corporate Secretary, IFFCO Canada Enterprise
06/25/2017

In the first part of this Quick Overview, we examined how the feedstock of industrial projects in the United States should be procured so as to enhance bankability. In this third and final part, we address the purchase of the project's future production and other considerations that may affect bankability.

Resource Details
Source: Resource Library
Region: Canada
Audience: Small Law Departments, Large Law Departments
… Articles Industrial Projects in the United States: Three Milestones on the Road to … IFFCO Canada Enterprise Overview Project Finance is generally provided on a non-recourse or limited recourse … not play a central role in that context, it is essential for the project to be structured so as to secure a sufficient …
Articles
Mark S. Dreux
08/24/2017

In the United States Occupational Safety and Health Administration (OSHA) citations can be deceptive. Even when the proposed penalty in the citation appears to be insignificant, the citation can still be end up being extremely costly. Employers should evaluate the potential financial impact the OSHA citation could have on their company, and from that evaluation, decide whether to challenge the citation or settle it on a reasonable basis. This article will outline the major issues that each employer should consider in evaluating the full financial impact of a citation upon the company.

Resource Details
Source: Resource Library
Audience: Small Law Departments, Large Law Departments
… Evaluating the Full Financial Impact of an OSHA Citation is Key to Determining Whether and How an Employer Should Contest It in the United States Author Mark S. Dreux August 24, 2017 In … any relevant indemnification provisions; 3) the potential for OSHA to issue repeat citations in the future; 4) whether …
Articles
Anshul Prakash, Partner, Khaitan & Co
09/11/2017

Indian employers, akin to their global peers, are increasingly realising the importance of a safe and amicable work-place - for all sexes. This requires a conscious policy directive aimed at preventing workplace harassment instances coupled with an institutional mechanism for redressal of complaints in a quick, transparent and just manner.

Resource Details
Source: Resource Library
Region: India
… of Women at the Workplace-Primer and Best Practices for Employers in India Author Anshul Prakash, Partner, Khaitan & Co … of business being conducted or size of workforce. It is noteworthy that the Act covers actions of employees not …
Articles
Cynthia A. Bremer, Monique Gougisha Doucette, W. Scott Hardy, and Hardy R. Murphy, Ogletree, Deakins, Nash, Smoak, & Stewart, P.C.
11/06/2017

Due to the potential of costly civil liability, employers should be proactive in preventing and responding to whistleblower retaliation claims. This Quick Overview will provide information as to create an encouraging, positive compliance culture, conducting effective investigations, and instituting some best practices to avoid and, if necessary, defend against claims of retaliation.

Resource Details
Source: Resource Library
Region: United States
… Articles Workplace Retaliation: Best Practices for Preventing these Common Claims (United States) Author … of costly civil liability, employers should be proactive in preventing and responding to whistleblower retaliation … Title VII Title VII of the Civil Rights Act of 1964 is just one of the many laws prohibiting retaliation. Title …
Articles
Sam Widdoes
05/10/2013

This QuickCounsel examines the predominant tests of privilege for in-house counsel in the United States, the risks involved with communicating with branch offices in other countries, and potential protective measures an attorney may take in order to prevent the discovery of communication between an in-house lawyer and his or her corporate client.

Resource Details
Interest Area: Compliance and Ethics
Source: Resource Library
Region: United States
… Articles Privilege in a Global Landscape Part I: In-house Counsel in the United … QuickCounsel examines the predominant tests of privilege for in-house counsel in the United States, the risks involved … Lomasney. Introduction The attorney-client privilege is a critical tool in fostering a full and frank dialogue …
Articles
12/03/2013

This QuickCounsel reviews the intersection of franchises and labor law in the European Union, with particular focus on French law.

Resource Details
Source: Resource Library
Region: European Union, France, Germany, Austria
… reviews the intersection of franchises and labor law in the European Union, with particular focus on French law. … Overview Extending commercial activity by franchise is not risk-free. If the franchise contract does not leave a … and following). In addition, the European Ethics Code for Franchising defines the franchise and its main aspects. …
Articles
Rodrigo Resende Scarton
04/11/2016

This Quick Overview addresses the legal adversities and the impacts faced by the supermarket industry under Brazilian legislation that should be carefully analyzed not only by foreign investors, but also by domestic investors on a daily basis.

Resource Details
Source: Resource Library
Region: Brazil
Audience: New to In-House, Small Law Departments, Large Law Departments
… Source: Resource Library Region: Brazil Audience: New to In-House, Small Law Departments, Large Law Departments … … Addressing the legal barriers of companies in Brazil is an extremely difficult task. Brazilian legislation is one … tax rates in Brazilian states and different rules for similar products, which generates a real tax confusion …
Articles
Matthew S. Sarna, University of Maryland Francis King Carey School of Law
02/01/2017

This Quick Overview aims to provide a broad-stroke perspective on the 2016 U.S. Proxy Season and its underlying trends by providing a brief overview of the history and regulation of shareholder activism; illustrating the growing prominence in proxy access proposals; and analyzing corporate strategies for responding proactively to shareholder proposals.

Resource Details
Source: Resource Library
Region: United States
Audience: New to In-House, Small Law Departments, Large Law Departments
… proxy access proposals; and analyzing corporate strategies for responding proactively to shareholder proposals. Resource … of shareholder activism. The present day regulatory scheme is primarily grounded in Rule 14a-8, 2 which governs … Additional Resources   • http://www.friedfrank.com/siteFiles/Publications/FriedFrank_CorpGovAdvisor_3-16.pdf …
Articles
Mathilde Laidin and Romain Souchon
04/10/2014

Preemptive clauses allow a person or entity to acquire priority shares of a company before they are transferred. Although preemptive clauses can be embedded directly into the bylaws, drafters may also insert them into shareholders' agreements. This QuickCounsel will review the pertinence, validity, and effectiveness of such preemptive clauses under French law.

Resource Details
Source: Resource Library
Region: France
… Articles Do preemptive clauses work in shareholders’ agreements? (France) Author Mathilde Laidin … AGREEMENTS From an objective standpoint : The clause is designed to fit with the shareholders' desire to increase … ( Article L.228-23 §5 of the Commercial Code provides for the nullity of a transfer of shares in fraud of an …
Articles
Stewart S. Manela, Arent Fox
02/04/2015

This QuickCounsel addreses state law which governs most post-employment restraints, and since the rules vary significantly by jurisdiction, restrictive covenants must reflect the limitations acceptable under the law likely to control.

Resource Details
Interest Area: Employment and Labor
Source: Resource Library
Region: United States
… operations, and customers may provide an undue advantage. In most jurisdictions, employers have a limited right to … employee's agreement not to compete after employment ends is in restraint of trade [ … former employer's confidential information. Consideration for Enforceable Covenants A covenant must have consideration …
Articles
Yann Richard & David Al Mari
04/24/2014

This brief resource (Quick Counsel) reviews the regime of compensation of post contractual non-compete clauses in employment contracts, as well as in a number of commercial contracts. It focuses on the rules applicable in France, while highlighting some particularities in other European countries.

… some cases, a compensation of the non-compete obligation is required. This QuickCounsel reviews the regime of … law, post contractual non-compete clauses must provide for a financial compensation. This is also the stance adopted … regularly upheld by the French Court of Cassation ( Cass. com., May, 5th, 2005, 02-19704 ). This warranty is legal by …
Articles
Catharine Black Lipp João, law student at Pontifical Catholic University of Rio Grande do Sul and intern at Carvalho, Machado, Timm Advogados (CMT) and Rafael Louzada Nardin, law student at Pontifical Catholic University of Rio Grande do Sul and intern at Cabanellos Schuh Advogados Associados
06/25/2016

This Quick Overview seeks to clarify industrial property (a type of intellectual property) protection in Brazil , specifically the case of item I of Article 2 of Federal Statute 9279/96, related to the grant of patents of invention and utility models.

Resource Details
Source: Resource Library
Region: Brazil
… property (a type of intellectual property) protection in Brazil , specifically the case of item I of Article 2 of … exploitation of an idea in a certain territory for a limited period of time. Patents are divided into … invention , which are defined as follows: 1. Utility model is an innovation applied to an already existing equipment or …
Articles
ACC Employment & Labor Committee
11/19/2013

This Wisdom of the Crowd, compiled from responses posted on the Employment & Labor eGroup, addresses issues regarding treatment of employees who are on long-term disability ("LTD") leave.

Resource Details
Source: Resource Library
Region: United States
… LTD Benefits III. Period of Time Holding Jobs Open for Employees on LTD Leave IV. Compliance with The Americans … quoted below prior to publishing their eGroup comments in this Wisdom of the Crowd resource.) CHANGE OF STATUS WHEN LTD LEAVE APPROVED Question: Once an employee is approved for long-term disability leave, do you change …
Articles
Sam Widdoes
05/10/2013

This QuickCounsel examines the differences in attorney-client privilege between the United States and the European Union, individual European countries, Canada, Brazil, Russia, India and China.

Resource Details
Source: Resource Library
Region: Belgium, Brazil, Canada, China, Denmark, European Union, France, Germany, India, Italy, Netherlands, Russia, South Africa, Spain, United Kingdom, United States
… Articles Privilege in a Global Landscape Part II: International In-house Counsel … United States … Overview The attorney-client privilege is a critical tool in fostering a full and frank dialogue between attorneys and their clients, which allows for better understanding of the client's factual issues, and …
Articles
01/06/2014

This Quick Counsel will focus on commenting the new data protection regulation in Colombia and its implications for the companies that handle data.

Resource Details
Source: Resource Library
Region: Colombia
… Articles Development of Data Protection Regulation in Colombia January 6, 2014 This Quick Counsel will focus on … protection regulation in Colombia and its implications for the companies that handle data. Resource Details Interest … interesting matter for companies. Therefore, personal data is now taken into account by companies and even states when …
Checklists
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
09/25/2024
7 pages

Learn the steps in-house counsel should when an employee requests a religious accommodation.

Resource Details
Region: United States
… & Stewart, P.C. September 25, 2024 7 pages Learn the steps in-house counsel should when an employee requests a religious … , Employment and Labor Region: United States … Be prepared for religious accommodation requests Learn steps that your … hardship to the employer Communicating the organization's decision to the employee or job applicant … Ogletree, …
Articles
12/28/2020

Understand the implications of the Brexit agreement of December 24, 2020 between the United Kingdom and the European Union.

… Resource Centre " (with a summary of the agreement's terms), by Morgan Lewis   3. Impact on Legal Services: " Legal services in the EU-UK trade and cooperation agreement: an initial … 2020, by Clifford Chance " EU-UK Trade Deal: What It Means for Post-Brexit Data Flows ", December 28, 2020, by Hunton …
Articles
Stephen Nattrass
09/01/2014

Canada’s first trial under the Corruption of Foreign Public Officials Act (CFPOA) concluded with a conviction on Aug. 15, 2013. Justice Hackland of the Ontario Superior Court found Nazir Karigar, a Canadian businessman, guilty of agreeing with others to offer a bribe to an Air India official and another Indian government official, in violation of the CFPOA. Although three companies have previously pleaded guilty under the CFPOA, this is the first case to go to trial and the first conviction of an individual under the CFPOA.

Resource Details
Source: Resource Library
Region: Canada
… have previously pleaded guilty under the CFPOA, this is the first case to go to trial and the first conviction of … By Stephen Nattrass (stephen.nattrass@nortonrosefulbright.com), Norton Rose Fulbright Canada’s first trial under the … impris- onment, but it serves as important benchmark for future sentencing under the CFPOA. The legislation2 has …
Articles
Walker House
01/30/2004

An article explaining the concept of an "Exempted Company" in Cayman Island corporate law. An "Exempted Company" is one whose objects are to be carried out mainly outside the Islands. Includes an introduction to the concept and information on how to incorporate.

Resource Details
Source: Resource Library
Region: Cayman Islands
in Cayman Island corporate law. An "Exempted Company" is one whose objects are to be carried out mainly outside the … Association of Independent Law Firms. http://www.lexmundi.com CAYMAN ISLANDS EXEMPTED COMPANIES INTRODUCTION The Companies Law makes specific provision for companies whose objects are to be carried out mainly …
Docket Article
Publication Date: 10/01/2019
In this article, we will first provide an overview of some key concepts that apply to vendor management before discussing the regulatory landscape and the lifecycle of vendor management. We will cover the entire lifecycle: before, during, and after, along with legal requirements and special circumstances.
… strategy ready to avoid renewals or penalties, and if data is involved, confirm that the vendor does not keep it. Nearly … or products to the company. In addition, it is common for one area of the business to service another. This creates … have an exit strategy. In this operating model of frequent buying and selling, enforcement activity, and corporate …
Advocacy Filings
06/28/2011

ACC Amicus Brief - Friedman v. Sebelius

Resource Details
Source: Resource Library
… …  Case No. 11-5028 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT MICHAEL FRIEDMAN, et al. … Suite 200 Washington, D.C. 20036 (202) 293-4103 sarwal@acc.com  TABLE OF CONTENTS TABLE OF CONTENTS TABLE OF AUTHORITIES … amicus curiae Association of Corporate Counsel (“ACC”) is a non-profit corporation; it has no parent corporations; …
Articles
04/28/2015

This article is a Gotham City street lighting project case study.

Resource Details
Interest Area: Financial Services
Source: Resource Library
… or Mayor Mayor Quite Contrary April 28, 2015 This article is a Gotham City street lighting project case study. Resource … City Street Lighting Project Case Study – In exchange for an up-front lump sum, Gotham will grant an exclusive … The City publishes a Request for Qualifications on its website asking interested parties to submit credentials to …
Articles
Fabio de Almeida Braga, Demarest Advogados
08/30/2013

A discussion of the Foreign Account Tax Compliance Act's (FATCA) reach beyond US borders, with specific focus on how Brazilian banks comply with the law.

Resource Details
Interest Area: Financial Services, Government
Source: Resource Library
Region: Brazil, United States
… Articles FATCA Implementation in Brazil Author Fabio de Almeida Braga, Demarest Advogados … Foreign Account Tax Compliance Act, known as FATCA. FATCA is an act that transcends the limits of the United States … in order to combat tax evasion, FATCA makes it mandatory for financial institutions located outside the U.S. territory …
Sample Forms, Policies, and Contracts
03/29/2023
3 pages

This sample form is for use in the assignment of a utility patent application and related intellectual property rights, from an inventor to a corporation.

Resource Details
Source: Resource Library
Region: United States
… Agreement March 29, 2023 3 pages This sample form is for use in the assignment of a utility patent application and related …
Checklists
Association of Corporate Counsel
02/02/2022
2 pages

Learn what key trends and issues Chief Legal Officers have identified as top of mind.

… on key business decisions. INCREASING RESPONSIBILITY IS BEING PLACED ON CLOs On top of managing the legal … of CLOs listed legal operations as the area of focus for their department’s top strategic initiative. CLOs EXPECT … biggest legal challenges to the business. 3 4 5 http://acc.com M&A POSES TOP UPCOMING LEGAL RESOURCE CHALLENGE …
Articles
Bill Mordan
06/01/2010

Columnist Bill Mordan explores how shooting testosterone levels with each success can influence male in-house counsel.

Resource Details
Source: ACC Docket
Region: United States
… to as “jocks,” although I am not sure if that term is still accepted parlance). I was not a gifted athlete (nor even an athlete, for that mat- ter). One day a few of my stronger colleagues … Have a comment on this article? Email editorinchief@acc.com. NOTEs 1. J.M. Coates & J. Herbert, “Endogenous steroids …
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