Large multinational corporations face complex challenges when trying to protect their businesses from competition. Many organizations are starting to require that all senior employees around the globe have two-year noncompete agreements. Is this a solution your organization is considering? A global panel of in-house and employment and benefits attorneys will discuss this scenario in an interactive, 90-minute program. The panelists will explore and discuss some of the essential questions that global employers must be asking their counsel: Is it possible or desirable to have a global noncompete? Is there a preferred duration? Does an employee need to be paid? What is a garden leave and what are the best terms to include? Are there other restrictive covenants allowed? You will be encouraged to offer your own scenarios and questions for comment.
Executive teams in the U.S. live in fear of a successful ransomware attack, and who can blame them? In this Top Ten, learn some steps you can take to mitigate the impact of these events and potentially reduce their likelihood.
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.
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.
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 is a sample employment agreement between the company and its employee.
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.
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.
A short article on the dominant purpose test, focused on the change in evidential burden on parties after the decision in Tchenguiz v. SFO.
The Personal Data Protection Act 2012 (Act) was passed by the Singapore Parliament on 15 October 2012 and came into effect in Singapore on 2 January 2013. A major component of the Act was to put in place general data protection provisions (Data Protection Provisions) that apply to all organisations operating in the private sector in Singapore. Previously, only limited confidentiality obligations existed in Singapore under certain sector specific legislation.
"Endeavours" clauses, whether described as "all reasonable endeavours", "best endeavours" or "reasonable endeavours", have resisted a fixed definition in case law: their meanings are derived from the context of the relevant contract, rather than from decisions in previous cases. However, recent case law from Singapore and Australia has provided some general guidance on the interpretation of such clauses. This article examines these decisions and provides some practical tips for drafting such clauses.
The Singapore International Arbitration Centre (SIAC) published statistics regarding the use of its emergency arbitrator provisions. These show a record number of emergency arbitration applications received by the SIAC in the last year, in an increasingly broad range of sectors. Overall, the SIAC has handled 34 emergency arbitrations since this procedure was introduced in July 2010. It is a system that has been proven to work well, in itself; but there remain issues with emergency arbitration, particularly in the enforceability of emergency arbitration awards, as Ben Giaretta and Michael Weatherley explain.
This interactive session will demonstrate how corporate counsel should react when their organization is hit with major litigation, including a governmental investigation targeting directors and officers. Attendees will participate in a “What should you do next?” discussion using electronic voting and Q&A throughout the session. By walking through the phases of a crisis as it typically unfolds, the panel will cover critical issues such as formation of special board committees, internal investigations, government disclosure, media strategy, hiring outside counsel, directors and officers (D&O) insurance and indemnification rights, attorney–client privilege concerns and must-know areas of D&O liability exposure. Special focus will be given to corporations with a global footprint that face exposure across international lines. The panel will use sample cases pulled from recent headlines, including insider trading investigations; cases involving the Foreign Corrupt Practices Act; whistleblower cases and cases involving faulty accounting and disclosure allegations.
Founding member and Vice President of ACC’s Québec Chapter, Marie-Christine Brochu’s discusses the years of experience that have enhanced her negotiation expertise.
In this column, the author discusses two tips for successfully managing corporate legal and ethical risks: Take nothing for granted, and dare to ask the obvious questions.
This is a sample promissory note between a company and payee.
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