This article provides an overview of legal requirements of interest to pharmaceutical, biotechnology and medical device companies.
The last three board meetings were ugly, but at least that maverick director is gone. He was nothing but trouble, always challenging management and questioning my legal advice. What? He has filed suit to enjoin the proposed acquisition, and he wants immediate discovery of my legal advice to the board? Preposterous! That's privileged, and he is not the privilege holder, the corporation is. He's out of luck. Or is he?
You are an American company expanding its business into China. You have just clinched a highly coveted multi-million-dollar deal, documented in a one hundred-page contract that seems to cover every conceivable hiccup. But that lucrative deal, which took months to close, may not be as airtight as you imagine. If a dispute arises between your company and your Chinese business partner, how can you resolve it? The Chinese business may have assets in China, but again it is difficult to enforce a US judgment in China: The two superpowers do not yet have reciprocal arrangements to recognize judgments from each other’s courts. This article explains how to manage and resolve disputes in China, and, where possible, avoid them altogether.
More than a million business entities have made Delaware their legal home, including more than half of all US public companies and more than half of the Fortune 500. This session will survey recent amendments to the Delaware General Corporation Law (DGCL) as well as major Delaware case law from 2015, including developments related to fee-shifting bylaws and DGCL §220 actions, and what those developments mean for your organization.
Courts and administrative agencies, including the US National Labor Relations Board, are expanding the definition of “employer” to allow liability for employment obligations to cross corporate lines. Various legal theories, including joint employer, single employer, and alter-ego theories, are being used to treat nominally separate corporate entities as one employer for liability purposes. The result of this definitional expansion is that affiliated companies are being found liable for labor and employment law violations of subsidiary or sister companies, including violations of the Worker Adjustment and Retraining Notification, Employee Retirement Income Security Act, wage and hour, discrimination, and whistleblower laws, among others. Many corporate structure forms are put at risk, including holding and operating companies, parent-subsidiary relationships, private equity management-portfolio company relationships, general and limited partnerships, independent contractor relationships, and joint ventures. This session will address the factual and legal bases for disregarding corporate separateness in the labor and employment law setting and suggest practical strategies to minimize or avoid liability.
A bumpy economy has turned litigation and government investigations into even hotter hot button issues. Increasing expenses are placing added pressure on counsel saddled with keeping costs down. How can you evaluate the impact of the economy on your law department? Read to find out!
This is a sample employee handbook.
Inadvertent disclosure is a serious issue in the legal world. The recent amendments to legislation have made it important for lawyers to understand their new found responsibility and the rules regarding this matter. The Model Rules and Federal Discovery Rules aid counsel in understanding inadvertent disclosure, and what they should do if the problem arises.
This brief article provides an overview of the cultural values that shape interpersonal communications.
A detailed presentation containing graphs, charts, and checklists on developing a global business mindset.
Hand this article to your human resources department and to the nonlegal managers in your company to help them figure out the best way to handle performance appraisals for workers who can’t seem to cut it so that the managers can get what they want and still protect the company.
An anti-corruption policy should be customized to the needs of the specific organization. The nature of the policy will depend on the specific needs of the organization based on its business and where it operates. The policy below is merely an example and provided for information purposes only and does not constitute legal advice.
This is a sample convention center agreement between City and Corporation.
Tired of the debate? Sorry, this issue isn’t going away. Here’s a snapshot of the spirited discussion multidisciplinary practice that brought together the major players at ACCA’s 1999 Annual Meeting.
This is a sample software license and support agreement.
A sample RFP for legal services.
Research shows that leaders who demonstrate positive recognition toward those they work with have a much higher rate of engagement and success. By defining “positive recognition” and learning how it affects others, in-house counsel can better master how to utilize this kind of acknowledgement and ultimately increase efficiency and communication.
This is a request for proposals from associations to provide outside counsel services on a broad range of areas of the law.
This article focuses on changes issued by the Australian Securities and Investments Commission (ASIC), pertaining to the requirements to report any breaches that should be reported to ASIC. The article also provides an overview of the changes, as well as comments for key takeaways.
This quick reference provides you with a general overview of some of the nuances in the employment and labor law realm as it pertains to the Netherlands. The document delves into the legal framework and then touches on core areas (employment contracts, working conditions, etc.) that you need to be mindful of.
This risk assessment framework is intended to assist you in identifying the key internal and external bribery risks facing your business.
In October 2013, for the first time in twenty years, the United States produced more crude oil than it imported. US oil and gas production is evolving rapidly. The prospect of an energy- independent United States will dramatically reshape domestic and foreign energy industries and reposition the United States as an energy exporter rather than an importer. This session will equip you to advise clients on the major regulatory developments emerging from this significant transformation, including regulations regarding shale oil and gas production, transportation and storage and liquified natural gas storage and export. The session will also touch on US and global views from a policy perspective, including the longer term implications for US energy policy and international trade and foreign policy—particularly considering recent developments in the Middle East.
The FCA is consulting on major changes to the client assets and client money regime, as expected since the collapse of Lehman. The proposals aim to ensure that client money is returned promptly after a firm s failure via a two-stage distribution approach and will allow multiple pooling for limited EMIR-related purposes. The FCA also proposes a number of business-as-usual enhancements. The consultation will be of interest to firms and their clients, and to banks and others holding client money.
Armed with recent amendments to the statute that initially targeted contractors, the government has also recouped millions of dollars using the False Claims Act to battle healthcare fraud. But just what does that have to do with your company and its employees?
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