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Articles
Mary Blatch, Associate General Counsel & Senior Director of Advocacy, Association of Corporate Counsel
09/26/2019

In this brief overview, learn how a no-deal Brexit will impact legal privilege in your communications with outside counsel.

Resource Details
Region: Global, Europe, European Union, United Kingdom
… Association of Corporate Counsel September 26, 2019 In this brief overview, learn how a no-deal Brexit will … any legal department with dealings in Europe must consider is Brexit’s effect on the UK-licensed lawyers it works with. … Union that was  rejected by the UK parliament, provided for a transition period to allow UK solicitors to continue …
Articles
Charlie Edwards, Womble Carlyle Sandridge & Rice, PLLC
05/19/2011

This brief resource (Top Ten) outlines ten reasons to consider hiring an independent contractor rather than a full-time employee.

Resource Details
Interest Area: Employment and Labor
Source: Resource Library
Region: United States
… services that fall outside the company's core competency. For example, a factory which manufacturers computer … and flexibility to employers – but only if the process is handled carefully. The following are ten good reasons to … Resolving these disputes can be expensive, either in paying penalties and back wages, or simply covering legal …
Articles
Philip W. Turner, Association of Corporate Counsel
07/01/2010

Practical guidance for in-house counsel in preparing for and overseeing electronic disclosure.

Resource Details
Source: Resource Library
Region: European Union
… Articles Top Ten Tips for Managing e-Discovery in Europe Author Philip W. Turner, … must do when litigation becomes a reasonable possibility is to ensure that all potentially relevant information is … Different Story, " Jaculin Aaron and Laura J. Lattman, Law.com.   … Philip W. Turner, Association of Corporate Counsel … …
Articles
Maxime Mekki-Kaddache, Lucile Lam and Wanissa Nemsi, University of Montpellier, Centre du Droit de l'Entreprise, Program of Master 2 "Droit du Commerce International
10/23/2014

This Quick Overview examines how break-up fee provisions may limit risks associated with business negotiations in the United Kingdom and France.

Resource Details
Interest Area: Commercial and Contracts
Source: Resource Library
Region: France, United Kingdom
… business negotiations in Europe. Definition A break-up fee is an indemnity that a party agrees to pay in the event that … provision in a contract? A break-up fee provision provides for an incentive to close the deal for the party who has to … "break-up fee," by Olivier Paulhan http://www.journaldunet.com/juridique/juridique020430.shtml Break-up Fees - Picking …
Articles
Alan G. Fishel, Partner, Arent Fox, LLP
01/07/2015

This Top Ten article addresses ten common mistakes that parties make during negotiations.

Resource Details
Source: Resource Library
Collection: Contract Negotiation Skills
Region: Global
… Articles Common Mistakes to Avoid in Negotiations Author Alan G. Fishel, Partner, Arent Fox, … Other Party's Factual Statements The other party's counsel is the type of person you wish you could negotiate with every … get a call from your client. He or she never agreed to pay for X and Y, and yet the agreement provides your client is
Articles
Holding Redlich partner Toby Boys & lawyer Alexandra Ottens
07/22/2015

In representing the interests of their company, in-house counsel may expose themselves to personal liability and risk. This brief resource provides ten issues in-house counsel in Australia should consider.

Resource Details
Interest Area: Compliance and Ethics
Source: Resource Library
Region: Australia
… Articles Liability Issues for In-house Lawyers in Australia Author Holding Redlich partner … Region: Australia … An in-house lawyer's primary role is to manage legal risk for their employer. However, in
Articles
Elaine F. Harwell, Partner at Procopio (Meritas Member Firm)
06/23/2023

This article discusses tips to ensure that a document retention policy protects your company in the case of litigation, is compliant with current laws, and is cost-effective.

… Articles Ten Tips for Creating an Effective Document Retention Policy (United … that a document retention policy protects your company in the case of litigation, is compliant with current laws, and is cost-effective. …
Articles
03/27/2015

This Wisdom of the Crowd (ACC member discussion) addresses hiring foreign contractors in the U.S. This resource was compiled from questions and responses posted on the forum of the Small Law Department ACC Network.

Resource Details
Interest Area: Commercial and Contracts
Source: Resource Library
Region: United States
… Articles Hiring Foreign Contractors in the United States March 27, 2015 This Wisdom of the Crowd … Wisdom of the Crowd resource.) I. PROCESSES AND CHECKLIST FOR SPONSORING A FOREIGN CONTRACTOR IN U.S. Question: We need … for a current U.S.-based developer. The overseas developer is employed by a development company currently under contract …
Articles
Colin A. Walker of Fairfield and Woods, a Meritas Firm
03/08/2016

Many US states have adopted laws restricting an employer's ability to prohibit employees from possessing firearms. Employers should be aware of these top ten points when considering policies prohibiting their employees from possessing firearms during work time or on the employer's property.

Resource Details
Source: Resource Library
Region: United States
… Articles Top Ten Issues Regarding Guns in the US Workplace (United States) Author Colin A. Walker of … Possess Firearms in the Workplace   1. Potential Liability for Employers Based on Employee's Use of Firearms in … lots, which are "restricted," such as a parking lot that is fenced and access is monitored by security measures. …
Articles
Alan Fishel, Partner and Nicholas Lawson, Associate, Arent Fox LLP
01/11/2017

This Top Ten covers do's and don'ts to help anticipate and avoid situations where some clients might unintentionally create obstacles when negotiating and closing deals. These principles could be applied to any client, around the world.

Resource Details
Source: Resource Library
Collection: Contract Negotiation Skills
Region: Global
… Articles Top Ten Do’s and Don’ts for Successfully Working With Your Side When Negotiating …   1. Do: Manage client expectations.   Clear communication is important to manage client expectations regarding timing, … Fox. For more information on Arent Fox, go to www.arentfox.com. If you have any questions about this checklist, please …
Articles
Gregory A. Markel, Partner and Co-chair Securities Litigation at Seyfarth Shaw, and Sarah Fedner, Senior Associate at Seyfarth Shaw LLP
05/02/2023

Many complex and large lawsuits end up in mediation. However, because of various characteristics of securities class actions, including the law and procedures that are applicable to securities claims and the way the insurance is generally structured, it is difficult to manage mediations of these cases. This article discusses some of these challenges.

… LLP May 2, 2023 Many complex and large lawsuits end up in mediation. However, because of various characteristics of … applicable to securities claims and the way the insurance is generally structured, it is difficult to manage mediations … these challenges.        1. Big stakes  One reason for the difference is that securities cases often have very …
Articles
Alexandra J. Gage and Sara E. Potts, Attorneys of Doerner, Saunders, Daniel & Anderson, LLP (Meritas Member Firm)
04/20/2023

Once it is determined how liability needs to be limited in a contractual agreement, an attorney should take careful steps to ensure the limited liability provision is actually enforceable. This article discusses ten ways that your drafting of limitation of liability provisions may be ineffectual and unenforceable.

Resource Details
Interest Area: Commercial and Contracts
Region: United States
… Articles Ten Ways Your Limitation of Liability Provision Is Actually Ineffectual Author Alexandra J. Gage and Sara E. … Once it is determined how liability needs to be limited in a contractual agreement, an attorney should take careful … or to a number which is reasonable under the contract. For example, a contract may limit the amount of liability by …
Articles
Jonah W. Lock, Sader Law Firm, LLC (Kansas City, Missouri), a Primerus member
04/17/2016

This short article summarizes some of the most common errors made by commercial landlords and their property managers in the United States when they find themselves dealing with a defaulting tenant.

Resource Details
Interest Area: Real Estate
Source: Resource Library
Region: United States
… made by commercial landlords and their property managers in the United States when they find themselves dealing with a … like a desirable and reasonable response when the Tenant is failing to keep up with his/her rental obligations, doing so may open up the Landlord to liability for "constructive eviction" under state laws. Generally …
Articles
Association of Corporate Counsel
06/30/2023

French Parliament advances draft law that would introduce legal professional privilege for in-house counsel.

Resource Details
Interest Area: Compliance and Ethics
Region: France, Europe
… French Developments on Legal Professional Privilege for In-house Counsel Author Association of Corporate Counsel June … competing in the international business environment.  ACC is closely monitoring the developments in France and will …
Articles
02/23/2018

As an emerging country, Brazil has many economic incentives to foster privacy rights policy on the Internet and following such vocation, the country approved Law No. 12,965, of April 23, 2014 (the "Marco Civil"), regulated by Decree No. 8,771, dated May 11, 2016 (the "Marco Civil Regulation").

Resource Details
Source: Resource Library
Region: Brazil
… Articles Top Ten Considerations for Foreign Investors on how to deal with Personal Data in Brazil February 23, 2018 As an emerging country, Brazil … 11, 2016 (the "Marco Civil Regulation"). The Marco Civil is recognized internationally as a very good initiative with …
Articles
Carlos Carvajal, Associate, Lloreda Camacho & Co, Frederico Pardo, Associate, Lloreda Camacho & Co.
05/29/2015

This Top Ten will explain the most relevant aspects to be considered in order to access to public procurement opportunities, including the way to obtain information and some general guidelines and recommendations when submitting a bid for goods and services in Colombia.

Resource Details
Source: Resource Library
Region: Colombia
… Articles Top Ten Considerations to be considered in a Public Procurement Process in Colombia Author Carlos … guidelines and recommendations when submitting a bid for goods and services in Colombia. Resource Details Interest … buyers of goods and services in Colombia, reason why it is important to understand the main features of a public …
Articles
Francisco Salas, Littler
10/01/2014

This article brings the top ten tips to consider while engaging outsourcing services in Central America.

Resource Details
Source: Resource Library
Region: Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua, Panama
… Articles Top Ten Tips for Hiring Outsourcing Services in Central America and the Dominican Republic Author … Guatemala, Honduras, Nicaragua, Panama … Introduction It is very common for multinational companies entering the …
Articles
Javier Villanueva Walbey, Cuesta Campos y Asociados S.C.
06/26/2015

This Top Ten outlines the "do's" and "don'ts" for companies managing intellectual property assets in Mexico, and provides guidance on preventing infringement or misappropriation.

Resource Details
Interest Area: Intellectual Property
Source: Resource Library
Region: Mexico
… Articles Top 10 Do’s and Don’ts for Protecting and Enforcing your Intellectual Property Rights in Mexico Author Javier Villanueva Walbey, Cuesta Campos y … for many companies one of the most important assets, which is why protecting and enforcing intellectual property rights …
Articles
Jerald A. Jacobs, Pillsbury Winthrop Shaw Pittman LLP
12/02/2015

This Top Ten relates to questions the leadership of organizations should ask when beginning nonprofit merger discussions.

Resource Details
Source: Resource Library
Region: United States
… to varying degrees, ultimately failed to result in combinations of the organizations. Why? Perhaps, as in the … unhappy families, all of these nonprofit mergers failed for different reasons. But it may be that the "failure rate" … one organization or the field it serves; that organization is seeking a "White Knight" or "any port in a storm." But …
Articles
Sample Forms, Policies, and Contracts
Casey B. Harris
04/12/2023

This article with its sample delegation of authority (DOA) form will assist in-house counsel who are struggling with issues related to signing authority, staff approval limits, and information passing.

in a company can agree to makes it clear who can sign for purchases or develop and approve corporate strategies. It … within a company.  The delegation of authority document is a living document to be updated as needed. It should be … (the catchall category). You will need the assistance and buy-in of people from each of those four functional groups, …
Checklists
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
01/10/2024
3 pages

This checklist features 15 items in-house counsel should consider when drafting restrictive covenants.

Resource Details
Interest Area: Employment and Labor
Region: Canada, United States
… Checklists Key Considerations for Drafting Restrictive Covenants Author Ogletree, Deakins, … merely for informational purposes. No representation is made as to the enforceability of these forms in any … Michael Comartin, michael.comartin@ogletreedeakins.com Sean C. Urich, sean.urich@ogletreedeakins.com Kathleen D. …
Articles
Checklists
Association of Corporate Counsel
09/25/2024
47 pages

Gain a baseline understanding of cybersecurity strategies. Learn tips on strengthening your organization's cybersecurity practices, training employees, preparing for data breaches, evaluating insurance policies, responding to cyber incidents, and addressing cybersecurity in contracts.

… Articles Checklists Cybersecurity Toolkit for In-house Lawyers Author Association of Corporate Counsel … cybersecurity practices, training employees, preparing for data breaches, evaluating insurance policies, responding …
Articles
Avik Biswas, Partner, Khaitan & Co.
12/16/2024

This article breaks down the structure of a typical internal investigation in India. While the overall process may not be markedly different from an international one, we must acknowledge that the nuances of language, culture, and ways of doing business in different parts of the country can impact how the investigation is conducted.

… Articles Quick Overview: Conducting Internal Investigations in India Author Avik Biswas, Partner, Khaitan & Co. December … parts of the country can impact how the investigation is conducted. Resource Details Interest Area: Compliance and … first step is to ascertain whether there is an actual need for an investigation. If there is a statutory requirement to …
Articles
Christopher Hayes, Nicholas Clifford, Jr., Michael H. Longmeyer, and Jia "Holly" You
11/01/2008

China has seen dramatic economic growth and accompanying legal reforms in recent years, and many companies are now seeking patent protection for their products and technologies in the country. This article provides a basic comparative overview of patent litigation in the United States and China, highlighting their most significant differences.

Resource Details
Source: ACC Docket
Region: China, United States
… patent laws developed over the past two centuries, China is a civil law country with a relatively short history of … offices are reluctant to intervene in disputes involving com- plicated technical issues. Thus, administrative … Indeed, a defendant’s maintenance of an interactive website that accepts orders may be sufficient to establish …
Sample Forms, Policies, and Contracts
11/03/2015

This memo was drafted to set out target response times and expectations with regard to the deliverables from the Legal Department.

Resource Details
Interest Area: Law Department Management
Source: Resource Library
… Purpose of this memo: The Legal Department strives for an effective and transparent communication process with … which may extend the target response times. If this is the case, Legal will keep you fully informed of the … and/or suggestions you have. We may also conduct online surveys from time to time in order to gain valuable …
Articles
Lesley Sutton, Partner, Mark Ferguson, Lawyer, and Nikhil Shah, Consultant, Gilbert + Tobin
11/23/2020
4 pages

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.

Resource Details
Region: Australia
Audience: Mid-Career, New to In-House, Small Law Departments, Large Law Departments
… assets’ and ‘systems of national significance’ is underway, with the release of the Exposure Draft of the … SOCI Act definitions. The Bill also reserves a broad power for the Minister for Home Affairs to declare additional … T +61 2 9263 4296 M +61 414 265 169 E LeSutton@gtlaw.com.au MARK FERGUSON Lawyer T +61 2 9263 4200 M +61 437 382 …
Articles
Orijit Das
06/01/2015

Recently, I caught up with a classmate from my alma mater, the National Law School, who was visiting London. The question we considered was: Would we have been better off going to Hogwarts rather than to law school?

Resource Details
Source: ACC Docket
… actions and controversies to predict future risks. Here is where precedent plays such an important part of what … transactions emanating out of Europe. orijit.das@genpact.com The views and opinions expressed in this article are … ACC HAS MORE MATERIAL ON THIS SUBJECT ON OUR WEBSITE. VISIT WWW.ACC.COM, WHERE YOU CAN BROWSE OUR …
Docket Article
Publication Date: 09/01/2019
Leaders have an obligation to offer opportunities to people, and the onus is on leadership to continue to provide those opportunities when other priorities, such as a child, alter a parent’s career path. And the only way that can happen is if there is truly open communication between leaders and those they lead.
… obligation to offer opportunities to people, and the onus is on leadership to continue to provide those opportunities … community of friends because we’ve been in the DC area for quite some time. And if a great meal is attached to those … and global expansion, including the growth of online booking agencies and platform companies. Marriott, for
Docket Article
Publication Date: 12/18/2020
Marlene Connolly, in-house counsel for Forcepoint, discusses her career and ACC.
… Counsel Publication Date: 12/18/2020 Marlene Connolly, in-house counsel for Forcepoint, discusses her career and ACC. Resource … I’ve been a group counsel for over 20 years, which is most of my professional career. When I started in-house …
Articles
Holly J. Gregory
10/01/2015

This article outlines the issues that are likely to define the 2016 proxy season based on trends from the 2015 proxy season.

Resource Details
Source: Resource Library
Region: United States
… Articles Hot Topics for the 2016 Proxy Season Author Holly J. Gregory October 1, … was the defining trend of the 2015 proxy season and is likely to drive how companies respond to other shareholder … for the 2016 proxy season (available at issgovernance.com). The survey topics provide insight into policies that …
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