This decision by the High Court of Australia highlights the importance of carefully drafting reasonable endeavours clauses. Where it is commercially acceptable, it would be prudent for an obligee to seek to include express, specific and objective boundaries on the obligor's conduct.
How many employees have you had off work sick in the last year? Do you struggle to manage these absences? Would more detailed medical information about each employee's condition help you? Two recent cases provide useful guidance for employers in obtaining, and using employee medical reports.
While international arbitration has become the preferred means of resolving international commercial disputes throughout the world, complaints about delays and costs have become common. Various arbitral institutions have responded to this by offering an option to conduct arbitrations on an expedited or "fast-track" basis.However, while expedited procedures have been taken up with enthusiasm, they are not suitable for every type of dispute, as Ben Giaretta and Michael Weatherley explain.
A recent decision in Australian law suggests that management action will be viewed as a whole, and not with a focus on each step taken. This approach may indicate that the anti-bullying jurisdiction may provide even less relief for workers than previously thought. Read more to find out how this will impact anti-harassment protocol in your company.
This article examines the unique key features of EC projects which are increasingly popular, and also sets out some special considerations that a developer may wish to take into account in developing EC sites.
The EU national authorities have been consistently imposing increased compliance verification and audits and overall tightening sanctions. As a recent example, restrictions have been placed on financial support for trade and opening of new branches. Supply chain security remains a major concern: are we doing the upfront due diligence and do we have all the appropriate contractual clauses? How can we secure a supply chain in an international export environment where regulatory bodies impose customs and import restrictions on certain products? This session will focus on providing an update from an EU trade and export/import controls perspective.
This article delves into the Consultation Conclusions on Proposed Enhancements to the Open-ended Fund Companies Regime (OFC) and Further Consultation on Customer Due Diligence Requirements, published by Hong Kong’s Securities and Futures Commission. Issued on 2 September 2020, the Consultation Conclusion, the Consultation Conclusion highlights different enhancements to be made to private OFCs.
On 8 February 2021, the Securities and Futures Commission (SFC) of Hong Kong (SFC) issues a consultation paper, which if successfully enacted as it was proposed, would have an impact on the way in which public offerings of equity and debt securities are made in Hong Kong. The following article provides an overview on the provisions of the consultation paper and the specific effects of its inaction.
In December 2020, the Financial Services and the Treasury Bureau (FSTB) of the government of Hong Kong issued a proposal to provide tax concession for interest distributed by eligible private equity funds which operate in Hong Kong. This proposal summarised and addressed comments and feedback from a prior response issued by the government of Hong Kong in August 2020. This article is a detailed submission on the August 2020 proposal.
How will that contract you just drafted stand up to the scrutiny of a judge or jury? Each year, some of the largest jury verdicts in the United States are awarded in breach-of-contract cases. Panelists will discuss lessons learned from trying contract cases to help you evaluate, prepare for and win contract-related litigation. Topics will include unique issues that arise in trying contract claims, how commonly used contractual clauses can backfire at trial, minimizing risk in contract drafting and negotiation, restricting application of fiduciary duty and the implied covenant of good faith and fair dealing, third-party vendor liability and damages.
Five years ago, the DuPont Legal Model was a concept. Today it is a reality that has changed the company’s practice of law in a global, market-driven economy. Like the rest of the corporation, DuPont’s legal practice is managed to make money, not prove principles. Thomas Sager, of DuPont, explains how the model has brought DuPont’s legal department prominence as a leader of the survivors of the tumultuous nineties.
The businesses we serve are increasingly focused on dealing with corruption. However, several surveys suggest that the perception of the success of dealing with corruption does not match the reality. This session will explore what objective metrics, tools, processes and controls we can deploy to ensure that reality matches our perceptions. How can lawyers effectively measure the risk of Foreign Corrupt Practices Act violations in different nations?
This brief overview cannot replace individual tax and legal advice and may not be construed as such. Please keep in mind that RETT rates may change at any time and should be reviewed on a regular basis.
Of course you’ve written a resume before, but what about a resume for a general counsel job? For a multinational position? For expert tips on how to fine-tune your resume, read more here.
Hand this article to your human resources department and to the nonlegal managers in your company to help them figure out the best way to handle performance appraisals for workers who can’t seem to cut it so that the managers can get what they want and still protect the company.
In this article, in-house counsel can learn more about investment in Japanese businesses and commercial relationships. This resource was published by Meritas in February 2018.
A brief overview (Top Ten) of recent changes to the Physician Payment Sunshine Act Regulations, including a review of revised deadlines, new definitions, and other payment categories.
An overview of Mergers & Acquisitions regulation and practice in Bulgaria.
In this multi-jurisdictional guide, explore an overview of key legal issues, rules and developments regarding patents across a range of jurisdictions.
An underwriting agreement of a sale of stock of a Chinese/Taiwanese corporation to several U.S. underwriters.
This guide from Latham & Watkins and KPMG is designed to provide a roadmap to help navigate the financial statement requirements of the US federal securities laws.
The information contained in this Executive Summary and the Key Findings, along with the survey’s full report, provides useful data for corporate legal departments, law firms, and industry partners such as recruiters and litigation support providers. Issues covered in the survey included demographics, staffing, managing expenses, the changing role of the CLO, expectations for the coming year, and managing outside counsel.
After a 40-year history of negotiations, it is expected that the Unified Patent Court (UPC) will soon become a reality in Europe. The UPC will have jurisdiction for litigation relating to the new Unitary Patent and the European Patent granted by the European Patent Office. Attend this session to hear the latest on this groundbreaking development, and its implications for obtaining and defending patents in Europe.
Shareholder activism is a controversial process by which shareholders exert their influence by generating pressure on the management of the company. The growth in activism has been spearheaded over the past decade primarily by groups falling into two categories: those whose motives are purely profit driven and those whose motives are to improve a company’s social and corporate responsibility.
How can the developer help to ensure that the development will indeed remain “prestigious” and “premier”, even after all the strata lots in the development are sold and the developer steps out of the picture?
What statutory requirements exist for keeping the enclosed indoors safe from the haze pollution, and in particular the particulate pollutants that make up the dominant component of such pollution in Singapore?
Between 1 January 2010 to 30 April 2013, approximately 19 Mainboard RTOs were announced on the SGX-ST, out of which only six were successfully completed as at 30 April 2013. While there is no similar publicly available data in relation to IPOs, the foregoing does illustrate that the RTO route is no assurance of a successful listing.
Ben Heineman's model for the modern inside law department is now widely followed in major corporations in the United States and, increasingly, in Europe and Asia.
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