This Wisdom of the Crowd, compiled from questions and responses posted on the Employment & Labor Law Forum, addresses the consequences of employees providing signing bonuses with a claw back provision in the United States.
How many times have you experienced the "quick look review"—you know, the one where you get to review a contract 25 minutes before the business people are set to sign it? You don’t want to be the company’s roadblock to revenue, but you need to ensure that your company does not enter into a contract loaded with real risk to the corporation. Read how you can win in this situation and other common, vexing contract negotiation situations.
This guide provided by Foley & Lardner summarizes the key elements and requirements contained in the proposed rule. In addition it explains how it differs from the special telemedicine registration rule. Finally, it describes what stakeholders can do to make their voice heard, including by submitting comments to the proposed rule, during these next 30 days.
Guidance on administering an estate in Canada. Includes guidance on delegation of authority, record keeping, compensation, etc.
A sample end user license agreement between an authorized user and a company, covering specific terms and conditions of usage such as license grant, restrictions, user obligations, proprietary rights, feedback and submission, liability limitations, indemnity, and a governing law clause (United States).
This is a sample computer network acceptable use policy.
The Supreme Court’s newly created affirmative defense and a strategy for conducting investigations of sexual harassment claims in light of Burlington and Faragher and other recent court decisions.
Mark Roellig, executive vice president and general counsel, MassMutual Financial Group shares his daily routine, including what kind of audio book he likes to read.
Read the interview with Stasia Kelly about the importance of managing a corporate crisis.
A review of tax offsetting under Brazilian law as well as recent developments in the relevant laws and regulations.
Increasingly EU law (in particular EU consumer law) is being driven by a school of thought known as 'behavioural economics', which takes into account the behaviours of individuals when they are exercising choice. Regulators recognise that behavioural economics could have a profound impact on many of the most serious challenges facing policy makers today and increasingly see an opportunity for behavioural economics to support more specific issues like complexity, consumer inertia, marketing and the impact of communications to consumers. This session provides an overview of how behavioural economics is quickly becoming a "game changer" for the shape of regulation for time to come.
Bankruptcies – even when they’re not your own – can stretch you financially. Even though you don’t control the financial health of your business partners, you can control whether you’re prepared to maximize your recovery and minimize the financial harm to your business. This article outlines some tips to better position your business to do exactly that.
As more businesses begin to operate on a global scale, European companies may find themselves facing US litigation more frequently. If you are not familiar with US litigation, assessing the potential risks of a situation could prove quite difficult. Consider these 10 factors — know where you stand and which questions to ask.
This is a talent assessment worksheet measuring leadership success factors.
The honorees for the 2019 Top 10 30-Somethings exemplify the best traits of ACC membership. They are all pioneers in their own unique ways – going above and beyond in their organization, assisting others in the in-house industry, and devoting themselves to their own individual communities.
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.
A young lawyer drops a file on your desk: "We got him cold," he says. "Here are his emails to his lawyer—I bet he has admitted the sexual harassment in some emails to his attorney and once we read them, we can nail him good." But should you open and read them? Something makes you uneasy about reading those emails. Are you right to worry? Yes. While there are cases which would support your claim that the executive waived the attorney-client privilege by using company computers, especially in light of your company policy prohibiting using computers for personal use, the law in this area is neither mature nor settled. Proceed, as they say, at your peril.
When your company is involved in an M&A transaction, it is easy to focus on the typical labor issues that come about, like collective bargaining agreements, pensions,and the WARN Act. However, in-house counsel need to concern themselves with the impact that coemployment can have on the transaction, considering the fact that leased employees are not normally regarded as "employees" during the M&A process.
You have been the very picture of prudence. You run every important decision by your primo outside counsel so that, if anything goes wrong, you have a chip shot "advice of counsel" defense. Well, something has gone wrong. Your tax shelter goes awry. Your securities filings are attacked. Your internal investigation is challenged. Your interpretation of a contract is held in bad faith. Your lawyers send in the A-team litigators for your defense. So far, so good. But wait! The plaintiff has subpoenaed your trial lawyers' firm? What's this business about implied waiver?
This sample transportation agreement (Pro Shipper) is appropriate when a carrier is engaged in the business of transporting property by motor vehicle in intrastate and interstate trade and desires to furnish to Customer certain motor carrier transportation and related services.
This is a sample company employment handbook.
In-house counsel often function in multiple roles and can be asked for all kinds of advice — some legal, some business and some personal. This can make for a challenging ethical landscape. It is important for in-house counsel to review what they are ethically responsible for as legal professionals.
This is a list of some basic action items to consider, given the widespread and ongoing impact of WannaCry ransomware, along with the likelihood of spin-off ransomware coming in the near future.
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