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This paper analyses three major banking crises over the past two decades to explain, on the basis of evidence, why restructuring systemic banks’ balance sheets is the most effective approach when bailing-out a banking system in Hong Kong.

New York DFS Letter March 31

To social psychologists, cognitive dissonance occurs when a person has two conflicting ideas or beliefs, neither of which she can easily set aside. So instead of disavowing one cognition, she creates a belief that satisfies both, no matter how absurd. As in-house attorneys, however, we are expected to offer objective counsel and guidance. Recognizing cognitive dissonance is necessary to do our job.

Election Marketing is the age-old technique of “attack spin.” Unfortunately, some attorneys think Election Marketing works in corporate disputes as well. But long-term, Election Marketing does not work in the business world. And there are two fundamental
reasons why.

Your job is to present legal options to your client and guide him to the right decision. To do that job well, however,
you must recognize the force of ambiguity aversion. You have the perspective to choose the best path and discount the effects of uncertainty, but your client likely sees the matter with far greater trepidation.

The shift from outside to in-house counsel disrupts common assumption, changes perspective, and encourages
creativity. Great attorneys either naturally or strategically embrace that opportunity. Great attorneys just “think laterally” every day.

With the AIFMD now in force, we thought it would be helpful to cover some of the questions we are frequently being asked across all of Ashurst's offices.

This article deals with significant subjects of tax litigation in Switzerland.

Norton Rose Fulbright recently led a successful court application that illuminates the importance of public disclosure in the context of a proxy battle. This precedent-setting decision is relevant to all public companies, and it has far-reaching implications in the context of shareholder activism.

Emotional intelligence is the ability to read, understand, and react appropriately to the emotions of others. And it can be measured quite accurately as EIQ, or the Emotional Intelligence Quotient. Emotionally intelligent people succeed because we relate to them as one of our own.

Increasingly, multinational corporations are conducting internal investigations to assess civil and regulatory risk, particularly in light of increased regulatory scrutiny. Because they face civil and regulatory risk in multiple jurisdictions, those investigations must also be conducted in multiple jurisdictions. Jurisdictions have different rules relating to internal investigations, such as privilege, employee interviews and disclosure obligations. This session will discuss how to conduct a cross-border internal investigation effectively and the pitfalls that may await in-house counsel.

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.

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.

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.

The US government, in coordination with the EU, the UK, and other allies, has introduced significant new sanctions and export controls in light of ongoing events across Russia and Ukraine, including new regional embargoes, full blocking sanctions, and other restrictions targeting several major Russian financial institutions, sovereign debt restrictions, the designation of Russian elites and their family members, and sanctions related to the Nord Stream 2 pipeline, among other targets.

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.

As in-house counsel, you're corresponding with a variety of people, not just other lawyers. It's important that in-house counsel can write and communicate using non-lawyer language. Plain language isn’t about making language
boring; it's about ‘succinct writing that has a defined audience and purpose. With it the reader can easily find, understand and use the information they need’.

Purchase Agreement (Finland)

This primer is a guide to Mergers & Acquisitions in Asia Pacific region.

This article is the fifth edition of Johnson Winter & Slattery’s report on recent trends in complex merger review case by the Australian Competition & Consumer Commission (ACCC).

This multi-jurisdictional guide explores an overview of key legal issues, rules and developments regarding business crime across a range of jurisdictions.

Topics covered include criminal law enforcement, corporate criminal liability, statutes of limitations, initiation of investigations, and procedures of gathering information – in 18 jurisdictions.

You are an American company expanding its business into China. You have just clinched a highly coveted multi-million-dollar deal, documented in a one hundred-page contract that seems to cover every conceivable hiccup. But that lucrative deal, which took months to close, may not be as airtight as you imagine. If a dispute arises between your company and your Chinese business partner, how can you resolve it? The Chinese business may have assets in China, but again it is difficult to enforce a US judgment in China: The two superpowers do not yet have reciprocal arrangements to recognize judgments from each other’s courts. This article explains how to manage and resolve disputes in China, and, where possible, avoid them altogether.

This is a sample employment agreement between the company and employee.