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 article shows how to maximize protections of attorney-client privilege and work product doctrine in internal investigations and audits.
This article speaks about the international financial and debt crisis (Lehman Brothers, Madoff, etc.) and other economic and political events which have triggered a wave of new regulations in Switzerland in the last few years.
This article contains the chapter covering Australia and information regarding enforcement, appeals and damages in that country.
In this article key questions are answered by leading practitioners regarding private antitrust litigation.
Provides guidance on the intricacies of how employers in Europe must work with trade unions and works councils, including the role that these labor organizations play in business enterprises in Europe, and includes methods by which companies doing business in Europe-or contemplating starting operations in Europe-can best work with the unions and works councils in order to reach their goals.
Discuss key steps your peers take when faced with a new lawsuit; Discuss why, when and how your peers establish and manage a litigation hold; Learn the importance of your focus as in-house counsel – it’s not just on getting those pleadings filed, but also implementing litigation holds, managing outside counsel, conducting investigations, analyzing your position, determining strategy and much more; Understand how your peers assess the financial impact a particular piece of litigation may have on your organization, and how they provide management with the tools and knowledge that management needs to make decisions about risk; Learn to take steps and create programs to prevent litigation and, when disputes occur, how to resolve them as early as appropriate for your business; discuss cost benefit analysis and risk assessment to determine whether to get in, stay in or get out; and Discuss how to conduct a thorough post mortem of each case in order to develop a list of “lessons learned” that will direct you in the future.
This training course on the topic of "Third Party Business Partners: Risks and Solutions" will help you understand how engaging third parties creates risks for your company, and how to manage that risk.
This article summarizes the legislative framework for the protection of personally identifiable information (PII) in Spain.
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.
This article shows how reasonableness and fairness play a crucial and special role in Dutch law.
Colombia is a democratic nation that bases its real estate sector activity under the principle of respect for property rights, which are limited in accordance with the Constitution of 1991, the law and the prevalence of the common good. Colombia has developed local powers and responsibilities to regulate land use and its development for the purpose of political centralization and administrative decentralization. Learn more about the authority the government has over the management and use of land, particularly as it relates to environmental obligations and rural development.
This article describes how in case of an attack by hackers or accidental loss of personal data, companies can still keep calm and take the appropriate actions in order to mitigate the loss and damage.
When most organizational leaders think of diversity initiatives, they tend to think of racial, gender and cultural diversity. Another aspect of workplace diversity that almost every organization has, but remains largely overlooked by most organizations today, is generational diversity.
A dizzying array of US state and federal laws address consumer protection, and any number of state and federal agencies have authority to investigate alleged consumer-protection violations and initiate enforcement actions.
This sample follows daily progress on an employee's projects.
This article explains that UAE laws on Personal guarantee are slightly peculiar and Sharia Principles are inherent in its application at the courts.
This resource contains perceptions of business-to-business arbitration by corporate counsel.
In his address to the Committee for Economic Development Australia, Chair Rod Sims announced the Australian Competition and Consumer Commission’s (ACCC) Compliance and Enforcement priorities for 2021. The ACCC’s priorities for 2021 are consistent with their 2020 update, but COVID-19’s impact has been taken into account, in addition to the various competition, consumer and aw reform matters.
Business leaders in the C-suite are awakening to the fact that aligning business strategy with intellectual property assets is critical to success. IP asset alignment is central to any strategic plan or initiative. In this session, faculty will role-play typical scenarios in which four strategic initiatives are issued from the C-suite (i.e.., competing in a technologically hot area, recovery from genericide with a withering brand, entry into a heavily patented market, treading through copyright issues for a content critical business model). Faculty will discuss how IP assets are part of the issue at hand, what legal options are available in order to implement the initiatives, and how the IP assets need to be positioned to ensure success.
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