This QuickCounsel examines the diversity and the efficiency of provisions that drafters of international contracts may dedicate to customs costs and formalities.
This session is designed to benefit every corporate attorney from the entry level associate G.C. to the experienced G.C. as it argues for a radically different perspective of the Legal Department within the modern corporate structure.
ACC revisits the topic with an updated Leading Practices Profile that asks law departments — in industries ranging from technology to health and telecommunications — to explain how they’ve successfully allocated lawyer and non-lawyer resources to drive value. This Leading Practices Profile showcases the best operational, technology, metrics and process-improvement strategies for maximizing resources across the entire spectrum of legal operations.
Employment-related claims can affect the productivity and morale of a business unit in a way few other business disputes can. Not surprisingly then, employment claims are among the most tempting to settle quickly. Yet in the author's experience, an employer's record of early settlements with employees inspires the plaintiffs' bar. To avoid painting a bulls-eye on your company's back, you should develop a deliberate protocol for handling employment-related claims that discourages recreational or speculative claims.
This is a sample performance graph services contract.
In-house practice for Japanese lawyers (bengoshi) is a rather new phenomenon. This article presents an overall picture of the status of the in-house profession in Japan with particular focus on the history of its development. It draws from information presented at various committee gatherings, including the Corporate Counsel Subcommittee of the Japan Federation of Bar Associations.
Rather than mandating that board members become cybersecurity experts themselves, the well-established framework for public company governance demands that boards oversee effective processes to identify and mitigate cyber risks within a company.
A chart that outlines Organizational Options for Specific/Isolated Events and the advantages and disadvantages to consider.
Recent enactment and clarification of China’s new labor contract law has outlined the rights and responsibilities of parties on both sides of the agreement. For American companies who currently employ staff in Chinese facilities — or those considering extending their work into China, this article is a must-read resource on the law principles and their impact on business as we know it.
Today’s data security environment is hostile. CLOs now supervise information security officers and compliance officers; therefore they must be aware of developing threats to cybersecurity. A new actor in this realm is the “Advanced Persistent Threat,” well-financed groups that may be sponsored by foreign governments, often carrying out strategic national objectives. From spear-phishing to zero day exploits, attempts to infiltrate corporate data are sophisticated and persistent.
In a “when, not if” world of data breaches, organizations must position themselves for effective breach response. And a response to an actual breach requires synchronized coordination of multidisciplinary activities beyond the ambit of IT security: legal, forensic, law enforcement, regulatory, insurance, public relations, stakeholders, notifications and personnel management.
With ediscovery sanctions up 271 percent, it is critical for all organizations to implement an effective and airtight legal hold process. Be sure to avoid antiquated practices that lack a holistic approach, focusing instead on an integrated legal hold solution. After all, come litigation, the last thing you want to discover is that you’re not prepared for ediscovery.
Do the various companies in the United States stand together in terms of federal legislative and regulatory efforts to harness market forces in reducing carbon dioxide and other greenhouse gas (GHG) emissions? The answer is not intuitive, primarily because of the enormous disparity in GHG emission inventories among companies. California utilities, for example, with one of the lowest CO2 inventories in the country, may find themselves on the short end if federal cap-and-trade policy allows tradable rights based on historic CO2 emissions — a starting point that would benefit utilities in coal-burning states. The panel will begin with a brief primer on cap-and-trade basics, and then launch into a debate on the key issues companies will have to work through as they help shape federal cap-and-trade policy for GHG emissions.
Latham & Watkins provides an overview of how to best navigate the SEC's new "Clawback" rules. These include how to understand and apply the new rules, to new disclosure requirements and more.
In our capacity as in-house counsel, and regardless of our industry sector, we will be dealing with Artificial Intelligence (AI). Find out some helpful tips on how to integrate AI into your practice.
The America Invents Act (AIA) just changed the rules for acquiring intellectual property, pushing companies to file patents earlier in the R&D phase. Learn more about how the AIA may affect your company and what strategies you can adopt to come out on top.
These guidelines detail the standard terms of engagement between Freescale and outside counsel. Section 1 addresses effective communication, including the company's expectation that counsel allow sufficient time to review and consider counsel's advice and work product prior to deadlines. The remaining Sections address handling confidential/proprietary information, budgets, staffing, retention authority, litigation planning, non-litigation planning, procedures for addressing potential conflicts of interest, media policy, professional fees, invoice timing and format, and policies on expenses.
This case law deals with White firefighters and one Hispanic firefighter who sued city and city officials, alleging that city violated Title VII by refusing to certify results of promotional examination, based on city's belief that its use of results could have disparate impact on minority firefighters.
This program identifies key considerations for contract negotiations on behalf of entities that both provide and receive unique goods and services and have distinctive business needs. This is a high-level discussion regarding the tactics and approach to reach a resolution that meets the needs of your organization. The panelists will share strategies for successful negotiations when the other party is unfamiliar with the landscape of the industry. This program will not focus specifically on the rules or regulations of one industry.
This article examines the unique key features of EC projects which are increasingly popular, and also sets out some special considerations that a developer may wish to take into account in developing EC sites.
How will that contract you just drafted stand up to the scrutiny of a judge or jury? Each year, some of the largest jury verdicts in the United States are awarded in breach-of-contract cases. Panelists will discuss lessons learned from trying contract cases to help you evaluate, prepare for and win contract-related litigation. Topics will include unique issues that arise in trying contract claims, how commonly used contractual clauses can backfire at trial, minimizing risk in contract drafting and negotiation, restricting application of fiduciary duty and the implied covenant of good faith and fair dealing, third-party vendor liability and damages.
This Wisdom of the Crowd (ACC member discussion) addresses whether physicians and hospitals can offer compensation to persons providing referrals. This resource was compiled from questions and responses posted on the forum of the Health Law Committee ACC Network.
In-house counsel are constantly called to manage the many challenges that come across their desks while remaining compliant in a scenario of ever increasing regulations. General Counsel and Chief Legal Officers from leading international companies will gather at this dedicated forum to share innovative and forward thinking ways to address their evolving roles. Come to this session if you would like to gain insights into the complexities and challenges some of your in-house colleagues are dealing with or if you would like comfort that you are not alone in tackling such matters.
These rules of dispute resolution in toxic tort cases set guidelines that cover the initiation of procedure, settlement counsel, preliminary conference, science adviser, further conferences, mini-trial proceedings, confidentiality, costs, consent of parties, and conflicts of interest.
This is a Quick Overview of whether employment laws allow flexibility as it relates to burned-out employees and time-off.
A review of the use of arbitration in the Brazilian power sector in light of Law No. 10,847 and Law No. 10,848 of 15 March 2004.
This Wisdom of the Crowd, compiled from questions and responses posted on the ACC Employment & Labor Law discussion forum, addresses whether a monetary docking policy to discourage lateness can be implemented under the US Fair Labor Standards Act (FLSA).
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