On June 13, 2022, the US Supreme Court resolved a long-standing circuit split holding that broad U.S.-style discovery under 28 U.S.C. § 1782 is not available in private foreign arbitrations. In the past decade, litigants in international arbitrations had been trying to use section 1782 more frequently to obtain comprehensive discovery that would otherwise typically be unavailable in arbitration abroad. While the Supreme Court has ostensibly put an end to that practice, the possibility of further litigation over section 1782 remains, as parties are likely to test the boundaries of the Supreme Court’s decision.
This article addresses the reality that whether you outsource mostly in-house activities or activities that are going to move from a law firm to a different kind of provider, eventually what gets unbundled has to be re-integrated.
Abel Martinez, vice president of partner relations, risk solutions and compliance at HE Butts Grocery Co., discusses the importance of respecting employees when it comes to mitigating employment and labor risks.
As a tenant or a landlord entering into a commercial lease agreement, are you confident enough to negotiate the best possible lease? Overlooking any number of provisions could result in an unnecessary, long-term legal dispute. Learn the basics of commercial lease negotiations, other than just what you are paying in rent.
This article makes a convincing case as to why contract law might be the best kind of law to practice. For those interested in learning more about contract law, discover a useful overview of the practice. And for those experienced contract lawyers, check out the refresher tips on how to make a good job even better.
An article reviewing issues in the workplace in Europe. Includes a review of workplace smoking, leave, working time update, opt-out agreements, EU enlargement and employment issues, practical workplace issues, and relevant court decisions.
Five trends that may affect your career in 2013.
Let’s face it: legal disputes take longer than they should — leading many to turn to Alternative Dispute Resolution (ADR) strategies to ease the process. But do ADR practices (e.g., arbitration and mediation) present a viable solution to inefficiency?
On the heels of the public and congressional criticism that followed the perceived failure of General Motors (GM) to promptly recall automobiles that had a defect with the ignition,<br />the company hired Anton Valukas of Jenner & Block to conduct an internal investigation. The resulting “Valukas Report” was not only hard on GM, but also on the in-house legal department as a whole. The author considers<br />the viability of the recommendations made to the in-house team.
ACC Board Chair Bill Mordan discusses the one word describes that best in-house lawyers: credibility.
The session will operate at two simultaneous levels. First, the tables (companies) in the room will comprise a market and will need to make strategic choices to deal with market-wide developments. Second, because each person at the table will represent a different member of the management team, participants will need to work together to make good decisions.
This presentation is on the Paint and Coatings Industry experience.
Publically Available Provisions" with source, that the Session team may use as beginning points in their discussion of contractual language.
March 2008- Tolls & Solutions for Doing Your Job Better
Despite concerns early in 2020 that the pandemic would impact the growth of environmental, social, and governance (ESG) initiatives, the opposite proved to be the case with political and investor momentum aligning and ESG initiatives surging in the climate of “building back better”. This growth will likely accelerate in 2021, particularly as leading economies and financial centres in the US, China, the EU, and the UK make political and legislative commitments focused on ESG and investors double down on their ESG demands.
This second instalment of Latham’s annual 10 Things to Look Out For blog post highlights ESG-related developments and trends to anticipate in 2021.
Sometimes the best career advice can come from an overlooked source. This feature article points out how in-house counsel can use musicians as models for improving their careers and subsequently their companies.
On June 23, 2022, the Supreme Court of the United States issued its decision in New York State Rifle & Pistol Association v. Bruen, which significantly expanded Americans’ right to bear arms as guaranteed by the Second Amendment. More accurately, the Court significantly curtailed a state’s ability to restrict Americans’ right to publicly carry arms for self-defense. The Bruen decision does not mention the workplace. Nor does the ruling apply directly to the rights of private employers or prevent businesses from enforcing their own restrictions on possession and carry of firearms at their facilities (which the Court indirectly endorsed). The opinion will, however, undoubtedly impact businesses and employers now and in the future. Indeed, in addition to serving as the impetus for a likely increase in guns carried in public generally, the decision will also provide the foundation for subsequent challenges of private restrictions, including workplace bans on guns. Whether those challenges will bear any fruit remains to be seen. What is clear is that Bruen brought gun laws back to the forefront of the national consciousness, and with it a reminder for employers to revisit their workplace restrictions, as well as the law of the state(s) in which they operate.
This article lays out the steps you need to develop, maintain, and enforce a records management program and helps get your corporate house in order.
This is a sample group and hotel sales agreement.
As in-house counsel, you know you need to excel at negotiating with the other side. But to be a great lawyer, you must also excel in your interactions with your own side — your internal clients.
In San Luis Potosí, Mexico, one maquiladora — a factory owned by a non-Mexican entity — was served with a US$20 million dollar lawsuit for a breach of contract. What ensued afterward was an extensive uphill litigation battle, requiring thorough due diligence from the in-house legal team to ensure a positive result. Here’s what happened.
This Top Ten provides guidance on due diligence reviews for cloud computing vendors and systems.
This Top Ten reviews ten of the most common civil claims under United States securities law, including fraud and insider trading claims.
This Top Ten shows practical advice for when it may be time for a legal department to invest in technology that allows its attorneys to serve their clients better, become more efficient, and save money.
IP practitioners do not view themselves as typically in the crosshairs of political and national security issues. But the Russian invasion of Ukraine offers many lessons learned from the perspective of how to prepare for any future sanctions or political pressure, and what to do if such actions are taken.
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