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In-house counsel can take advantage of delays in the effective date of several key Affordable Care Act (ACA) requirements to refine their health care strategies for 2014 and 2015. This program will focus on the ACA requirement that most employers provide all full-time employees (who average 30 or more hours per week) with health coverage that meets federal standards of affordability and minimum value. There is no “one-size-fits-all” compliance model for businesses. This presents both a compliance challenge and a strategic opportunity for in-house counsel. Our panelists will provide sophisticated information on how to take into account factors about your company — including its turnover rate, reliance on part-time employees, vulnerability to union organizing, use of staffing agencies, seasonal fluctuation and systems for tracking hours worked — in choosing a health plan design and coverage options. We will also cover how your company will deal with the new state-based insurance exchanges, as well as new rules on waiting periods and wellness programs. Panelists will answer specific questions on these new requirements and enforcement issues.

This is a form master software agreement prepared from the perspective of a licensor looking to license an enterprise customer to install and use its software system.

The guide to implementing legal knowledge management programs explains the full life cycle – from knowledge creation to storage, sharing and utilization. Learn how to capture structured as well as tacit knowledge and leverage both to improve efficiency and effectiveness. Includes practice tips, case studies, templates, links to relevant value practices, and a list of selected commercial knowledge management tools.

Download the PDF, or view the interactive digital edition at: http://www.accvaluechallenge-digital.com/accvaluechallenge/acc-guide-to-knowledge-management

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.

This QuickCounsel highlights concerns that big data projects could result in illegal exclusion of certain groups, such as low income populations, from benefits made available to others.

This Wisdom of the Crowd, compiled from responses posted on the IT, Privacy & eCommerce Forum addresses a carveout for Intellectual Property infringement within the limitation of liability in the United States.

This quick overview (QuickCounsel) describes how the U.S. Food and Drug Administration ("FDA") regulates the pre-marketing process for drugs and medical devices, and the steps that must be taken to obtain FDA authorization to market these products.

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.