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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
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
Blake, Cassels & Graydon LLP
06/05/2014

Canadian M&A activity was moderate in 2013. The weakened natural resources sector, which had helped Canada outperform other economies through the recession, contributed to an overall drop in M&A levels as the total number and aggregate value of Canadian deals, and Canada’s share of global M&A, decreased. However, powered by a strong domestic economy, Canadian companies’ outbound M&A strengthened relative to inbound acquisitions and the U.S. was again by far the most popular target country. Against that backdrop, we answer some frequently asked questions on Canadian M&A and discuss the trends that Blakes sees unfolding in 2014.

Resource Details
Source: Resource Library
Region: Canada
… * Associated Office Blake, Cassels & Graydon LLP | blakes.com 12-3 4-12 13 Canada’s Busiest M&A Law Firm Top Trends In … meetings. Our mergers and acquisitions practice is a well-known leader, having been recognized by the … cent threshold must be disclosed using Canada’s sedi.ca website. Under the early warning regime, the acquisition of, …
Articles
James Thomson and Matthew Hall
11/01/2010

In the European Union, public procurement law is characterized by a myriad of idiosyncrasies and gray areas that should be closely analyzed before delving too deeply into any land development agreement. If deemed a public works contract, it may be subject to a compulsory tendering process, even if the local developer has assured you otherwise. Read this article to avoid rash decision-making that could potentially give your competitors the upper hand.

Resource Details
Source: ACC Docket
Region: European Union, Germany, United Kingdom
… Articles Tendered is the Contract: Nuances of EU Land Development Author James … to fall subject to the regime, is provided by the European Com- mission’s investigation [using its general enforcement … ACC has more material on this subject on our website. Visit www.acc.com, where you can browse our …
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
Foley and Lardner LLP
03/16/2023
32 pages

This resource from Foley and Lardner provides insight into the most prominent trends throughout 2023. These trends are focused on the health care and life sciences sector.

Resource Details
Interest Area: Health Law
Audience: Mid-Career, New to In-House, Small Law Departments, Large Law Departments
… Articles Health Care & Life Sciences Sector Top Trends for 2023 Author Foley and Lardner LLP March 15, 2023 32 pages … TEAM IN THE AREA OF: HEALTH CARE & LIFE SCIENCES FOLEY.COM Health Care & Life Sciences Sector Top Trends for 2023 … Care & Life Sciences Sector | Top Trends for 2023 3 Foley is primed to strategically advise health care and life …
Docket Article
Publication Date: 02/01/2016
This article provides some suggestions on how leaders can establish an effective tone at the top, and leverage that tone to instill a strong culture of compliance.
… ACC Docket … CHEAT SHEET Underneath it all. The Yates memo is the latest in a series of efforts by the US Department of Justice (DOJ) to establish individual accountability for corporate wrongdoing. Trickle-down compliance. Compliance … by the company’s senior management. The company’s website and other public materials trumpeted the same …
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
Ashley Fife, Appleby
07/04/2015

This Guide is a summary of the law and procedures relating to restructuring trusts in Bermuda. It should be read in conjunction with the Appleby “Guide to Trusts in Bermuda”.

Resource Details
Source: Resource Library
Region: Bermuda
… Author Ashley Fife, Appleby July 4, 2015 This Guide is a summary of the law and procedures relating to … equitable doctrine of mistake 9 Conclusion 9 applebyglobal.com 1 PREFACE This Guide is a summary of the law and … more beneficiaries;  a commercial trust was established for certain purposes which have been fulfilled but there is
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 …
Program Materials
Andrew Goodman, Meghan Mulvihill, Suchitra Narayen, and Ram Vasudevan
10/28/2013

The program will begin with an overview of the ethical obligations with which a lawyer who decides to outsource legal services to a Legal Process Management (LPM) provider must comply. The panel will address common elements of relevant opinions from state and local bar associations, the American Bar Association and the Ohio Supreme Court, and describe how the outsourcing provider can help facilitate the lawyer’s compliance with these elements. In the second phase of the workshop, two attorneys from Fortune 50 law departments, one who focuses on corporate work and one who is responsible for litigation, will describe: (1) their reasons for exploring LPM; (2) the due diligence they performed when selecting a provider; (3) their initial expectations for the relationship; and (4) how the relationship with their selected provider created additional value for their department and company.

Resource Details
Interest Area: Law Department Management
Source: Meetings
… departments, one who focuses on corporate work and one who is responsible for litigation, will describe: (1) their reasons for … to ACC’s Legal Resources Department at legalresources@acc.com Monday, October 28 2:30 PM - 4:00 PM 308: Case Studies in
Articles
Caroline Greco, Rontavian Mack, Sabridass Ponnou, Charlotte Robin, University of Montpellier, Centre du Droit de l'Entreprise, Program of Master 2 "Droit du Commerce International"
05/02/2017

This QuickCounsel outlines the important considerations when drafting post-term non-compete clauses in the European Union.

Resource Details
Source: Resource Library
Region: European Union, France, Germany, Italy
… Articles Post-term non-compete clauses in the European Union Author Caroline Greco, Rontavian Mack, … contracts, the validity of post-term non-compete clauses is subject to harmonized conditions throughout the EU (A). … Post-term non-compete clauses prevent access to the market for former network distributors. Consequently, post-term …
Sample Forms, Policies, and Contracts
10/30/2014

These retention guidelines are designed to provide transparency on PRUSA’s expectations regarding the provision of legal services by external counsel.

Resource Details
Interest Area: Law Department Management
Source: Resource Library
Region: United States
… Forms, Policies, and Contracts Model Retention Guidelines for External Counsel Providing Legal Services to PRUSA … lawyer has instructed otherwise. A sample budget is attached hereto as Exhibit B. You may be asked to input … firm overhead. As noted, PRUSA should not be billed for online electronic legal research as a disbursement (i.e., …
Program Materials
Barbara Barrett, Keith Henderson, Mark Henriques
10/31/2014

This program will review how to manage a defensible records retention and data management program, considerations related to disposition of items that are not required to be kept by law or policy in the normal course of business and how to effectively manage legal holds when they come into play.

Resource Details
Source: Meetings
Region: United States
… �Role of E-Discovery Counsel & ECA Key Objectives for Effective Data Management � Establish “Rules of the Road” … or regulations. Policy Implementation Tie-ins � If Policy is: � New? Say so � A directive from Board of Directors or … Judge Scheindlin’s Hierarchy Most accessible Active, online data Near-line data to Offline storage/archives Back …
Articles
XL Catlin
10/18/2016
4 pages

This article provides a quick description and practical tips regarding 10 key contract clauses in professional services agreements.

Resource Details
Interest Area: Commercial and Contracts
Source: Resource Library
Region: United States
… as anything else. And a key ingredient in managing risk is having the right professional services contract in place. … as a quick guide, is in no way intended as a substitute for the full XL Catlin Contract eGuide for Design … prevention and risk management information visit xlgroup.com/dp/resources Learn more. Free PDHs available at …
Docket Article
Publication Date: 12/22/2020
For decades now, compliance and ethics professionals, and many corporate executives, have sought to build “values-based” cultures rather than “rules-based” cultures. Such initiatives are grounded in the well-founded belief that, unlike rules that merely dictate what employees can and cannot do, values have the power to inspire, motivate, and engage people to do their best work in accordance with high ethical standards.
… 5 Core Moral Values Jim Nortz Publication Date: 12/22/2020 For decades now, compliance and ethics professionals, and … and make ethical choices even in circumstances where there is no rule. But what values are the most potent in achieving … and Honesty” published by Springer that was first posted online on May 29, 2019. The authors of this paper chronicle …
Docket Article
Publication Date: 07/23/2019
In this article, we will discuss what I have identified as six trends in what legal departments are focusing on right now when looking to technology to streamline their legal operations and service delivery.
… Privacy, and eCommerce Source: ACC Docket … Technology for in-house teams is a big focus right now in corporate legal circles. In  our … external counsel. Many legal departments have turned to online portals to help them manage their relationships with …
Articles
09/21/2007

News, Notes, & Datebook Information for October 2007

Resource Details
Source: ACC Docket
Region: United States
… September 20, 2007 News, Notes, & Datebook Information for October 2007 Resource Details Interest Area: Law … visit the links listed below. Kaplan’s decision: www.acc.com/public/amicus/ opiniondismissingcase.pdf ACC’s brief: … Judiciary Committee and relevant subcommittees. The bill is an exact replica of the Senate version of the Act …
Articles
Mark A. Lemley
10/19/2016
67 pages

Part I of this article briefly reviews the changes to the United States patent system in the past 35 years. Part II discusses the pendulum swings between perceived overprotection and perceived underprotection and the concerns lawyers have raised in both directions. Part III presents evidence of the resilience of the patent system. Part IV offers some possible explanations for this surprising result.

Resource Details
Interest Area: Intellectual Property
Source: Resource Library
Region: United States
… patent system. Part IV offers some possible explanations for this surprising result. Resource Details Interest Area: … . … Electronic copy available at : http : / / ssrn.com / abstract = 2784456 [THE SURPRISING RESILIENCE OF THE … seems surprisingly resilient to changes in the law. This is a puzzle. In this article, I document this phenomenon and …
Sample Forms, Policies, and Contracts
10/18/2016

This is supplemental bibliography for the session.

Resource Details
Interest Area: Commercial and Contracts
Source: Resource Library
… Contracts “Cultural I”: Emotional and Ethical Intelligence in International Negotiations - Supplemental Bibliography October 18, 2016 This is supplemental bibliography for the session. Resource Details Interest Area: Commercial …
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