This article offers a glimpse into several cases and how the Supreme Court’s upcoming rulings could impact class action litigation.
This article speaks about how numerous lawyers practice at legal departments where supporting low-income communities through pro bono assistance is a core value.
This policy explanation delves into some FAQs for Tenant Company Administration guidelines.
It's a necessary, yet burdensome, expense for most legal departments. Discovery is much more than a drain on your financial budget: it protects your company from the reckless release of attorney-client or work-product protected information. Ensuring that the process is as cost-effective and efficient as possible, however, gives counsel more bang for their discovery buck.
How do you put a price on intellectual property? A thorough IP due diligence effort is key. When dealing with intangible assets, in- house counsel must examine every facet of commercial transactions. Unaddressed issues — base technology, scope of protection and pre-existing contracts, to name a few — could prove catastrophic. read this feature and prepare yourself for an IP negotiation.
A brief article on what new rules sponsors face in Hong Kong.
This article addresses whether a creditor in The Netherlands may claim both, the contractual penalty and the statutory (commercial) interest.
This brief article discusses why companies are required to lay down activities with their sole shareholder in writing, otherwise the sole shareholder risks that agreements concluded with the company can later be successfully annulled (mostly by the trustee in a bankruptcy).
This short article uses a fact pattern to explore which party (lessor or lessee) is responsible under Dutch law for repairing commercial real estate that has been damaged, possibly as a consequence of activities by a contractor brought in by the lessee. Who has to repair the damage, the lessor or the lessee?
This commitment drives the company to explore energy efficient alternatives to vehicles, planes and workplaces.
ACC's Southern California Chapter sent a letter to California Assemblyman Harmon in support of Assembly Bill 1133, which he is sponsoring in the California legislature that would clearly codify that inadvertant disclosure of an attorney-client privileged confidence does not waive the privilege. ACCA-So-Cal's letter argues that while the majority of California courts have interpreted the existing law of the state to mean that only an intentional disclosure results in the loss of protection, ambiguities in the language of California Evidence Code § 912 leave open the possibility that protection may be lost through inadvertent disclosure. Potential loss of confidentiality through inadvertent disclosure is an increasing problem as accidental disclosures become more common through the use of electronic communication such as voicemail and e-mail. For example, a person could easily click the wrong button and accidentally send an e-mail to the wrong recipient. For in-house counsel, eroding the privilege's protections by allowing inadvertent disclosures to constitute waiver will only serve to stifle otherwise appropriate communications that are critical in assuring the solicitation and provision of proper legal advice and accurate public disclosures.
Many companies work with on-call employees. This arrangement can benefit both employer and employee due to its flexible model. In the Netherlands, there are a variety of contracts that define the type of on-call employee working at a company. Learn more about their work structure and obligations.
Brief guidance on updates to Mexican environmental regulations related to forests and environmental impact statements.
Nonprofit organizations continue to grow in number; in doing so, they have attracted scrutiny and are no longer able to "relax" when it comes to corporate governance. This article distills those governance practices that are most applicable and easily adapted by nonprofits, and provides examples of relevant governance documents that can be adapted to any nonprofit with minimum effort.
This is a sample client contract policy.
This article a addresses when an employee can be dismissed with immediate effect, how to effect the dismissal, and the consequences of an employee challenge.
A good reputation is precious, both in the corporate world and your private life. However, after a dispute a reputation can be damaged quickly by social media content and negative information on the Internet. This article shows what you can do to prevent this.
This article addresses when non-directors are permitted to represent a legal person and what the consequences are when unauthorized representation occurs in the Netherlands.
This article discusses how to protect your reputation on social media.
This article discusses which body of a Dutch limited company (BV or NV) is permitted to appoint or dismiss a director and the consequences of the dismissal decision.
Employers’ should be aware of the brave, committed, yet sniffling, sick, and ultimately contagious worker who has the flu and chooses to come to work. An employer has a duty under the Occupational Health and Safety Act1 (the “OHSA”) to “take every precaution reasonable in the circumstances for the protection of a worker” (s 25(2)(h)). Permitting a sick employee to continue working may compromise your duties to your other staff. It may also subject your company to financial liability under the OHSA and unwanted inspections by the Ministry of Labour. Flu season is in full swing and if you do not take preventative measures to protect your workers from an illness in your workplace, your workers may take matters into their own hands.
Many non-U.S. companies which own U.S. subsidiaries prefer to operate in such a way as to avoid jurisdiction in the U.S. courts. In order to minimize the chances of becoming a defendant subject to jurisdiction in the U.S. courts, there are certain steps – a checklist of Do’s and Don’ts – that foreign parent companies can take.
This brief article presents tips for drafting exoneration or limitation of liability clauses in contracts.
A claim to repair defects or an entitlement to compensation can become prescribed under Dutch law. This article addresses how you can prevent this by interrupting the limitation period.
Planning on a merger, acquisition or division of (part of) a business in the Netherlands or any other EU country? Then be aware of the EU law which sets out the strong position of employees in case of a transfer of undertaking.
This paper is a presentation by the ACC Houston Chapter on software audit.
The data protection bug bit India<br />largely due to the huge outsourcing business that India has seen in the<br />last two decades. This article contrasts the 1995 EU Directive, which aims to protect personal data and facilitate free movement of data, with the 2009 Indian DP Amendments, which regulate the collection and use of personal data.
The session will cover important recent US Securities and Exchange Commission (SEC) developments since the 2015 ACC Annual Meeting. The program will review significant enforcement actions and trends as well as recent SEC developments related to the Volcker Rule, shareholder proposals, and the rule for pay ratio disclosure. This program will also examine those sections of the Dodd-Frank Act that matter most to corporate and securities lawyers in their day-to-day practices, including providing advice to management and board members. The session will review the network of regulations that have been adopted pursuant to those sections and report on the status of regulations not yet adopted by the SEC. This will be a fast-moving program; come equipped with a working knowledge of the Securities Exchange Acts of 1933 and1934.
This article addresses how the management of a company has to consult the works council with respect to a number of important decisions.
Situated in the heart of Europe, Switzerland is a top location for data centers and cloud services. In Switzerland, privacy and data protection are respected both by law and in practice. Learn more about why Switzerland is such an attractive location.
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