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This program will review how to manage a defensible records retention and data management program, considerations related to disposition of items that are not required to be kept by law or policy in the normal course of business and how to effectively manage legal holds when they come into play.

Three recent decisions of the Human Rights Tribunal of Ontario (Tribunal) serve as a reminder of the Tribunal's broad discretion to award damages where warranted. The Tribunal in Morgan v Herman Miller Canada Inc. awarded a complainant damages not because discrimination had taken place, but because the employer failed to investigate the complaint of discrimination. In Fair v Hamilton-Wentworth District School Board, the complainant received an award that included reinstatement and nine years of back pay after the Tribunal found a breach of the Ontario Human Rights Code (Code). In Monrose v Double Diamond Acres Limited, the Tribunal awarded a migrant worker no longer living in Canada significant damages for a violation of his dignity and a breach of his right to be free from reprisal.

Proposal for the reform of the data protection regime in the European Union

This article provides a quick description and practical tips regarding 10 key contract clauses in professional services agreements.

News, Notes, & Datebook Information for October 2007

This article provides an overview of the Australian government’s ongoing reforms of laws aimed at protecting the country’s ‘critical infrastructure assets’ and ‘systems of national significance.’ The overview includes an outline of the three key provisions of the Exposure Draft of the Security Legislation Amendment (Critical Infrastructure) Bill 2020, released on 9 November 2020.

Part I of this article briefly reviews the changes to the United States patent system in the past 35 years. Part II discusses the pendulum swings between perceived overprotection and perceived underprotection and the concerns lawyers have raised in both directions. Part III presents evidence of the resilience of the patent system. Part IV offers some possible explanations for this surprising result.

An interview with Gil Ohana

A company’s culture can cause problems if employees perceive the company as not being concerned about their needs. Corporate culture must be examined to see if it reflects the company’s values and helps employees succeed at their jobs.

Smart companies plan, measure results and demonstrate success. The legal department within those companies needs to follow suit. Demonstrating to your client that you add value is critical. This program will teach the in’s and out’s of strategic planning and effective metrics development that will help you demonstrate your department’s successes and show your boss how you add value to the company’s bottom line.

This interactive session will explore the intersection of global corporate citizenship and engagement within a legal department, paying particular attention to how global pro bono can be used as a tool to stimulate and engage experienced and knowledgeable legal staff.

This is a sample information governance communications plan.

Pro Bono, as we know, refers to work undertaken voluntarily and without
payment, as a public service. As in-house lawyers, we are ideally suited to leverage our skills to provide services to those who are unable to afford them; to have a direct impact on those in need.

Among lawyers in Argentina, it is especially common to use the term “doctor” to refer to other colleagues. It is also common for clients to address their lawyers as doctor. Read this article to learn more about in-house life in Argentina.

This is a sample internet use and social networking policy.

This article is a big data in employment case study for discussion.

A graphic to promote the value of and generate interest in a department’s Knowledge Management program.

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 services agreement regarding vehicle parts development and supply between a supplier and a client company.

A perennial favorite. This session highlights the most important trends, legislation, regulation, and case law affecting labor and employment law changes over the past year, including what the activity at the US National Labor Relations Board means for unionized and nonunionized employers alike. Join an experienced panel of experts for insight and practical knowledge on the many developments in workplace law.

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.

In response to Russia invasion of Ukraine, the United States and dozens of its allies and partners around the globe have imposed what the White House has called, "the most impactful, coordinated, and wide-ranging economic restrictions in history." This article (1) provides an overview of OFAC sanctions jurisdiction and circumvention prohibitions, (2) summarizes recent Russia sanctions, (3) provides a synopsis re sanctions evasion through cryptocurrency, (4) highlights existing US regulatory guidance regarding sanctions evasion through cryptocurrencies, and (5) recommends measures that persons and companies may wish to consider to mitigate the risk of sanctions violations.

The US Supreme Court has long been skeptical of novel proposals by federal agencies to address issues of vast economic and political significance. In West Virginia v. EPA, the Court made clear that its past cases reviewing novel applications and interpretations of agency powers do constitute an identifiable “doctrine” for application by courts going forward. When an administrative agency makes a “major policy decision,” it must have “clear congressional authorization” to do so. This case may represent one of the Supreme Court’s most significant administrative law decisions since Chevron U.S.A. Inc. v. Natural Resources Defense Council in 1984.

Special Purpose Acquisition Companies (SPACs) have been gaining traction during the past 18 months, although more recently they have come under the spotlight for more negative reasons. Following high-profile litigation associated with certain de-SPAC deals and statements from the Securities and Exchange Commission (SEC), many investors are now starting to question SPACs as an investment vehicle of choice.