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Despite concerns early in 2020 that the pandemic would impact the growth of environmental, social, and governance (ESG) initiatives, the opposite proved to be the case with political and investor momentum aligning and ESG initiatives surging in the climate of “building back better”. This growth will likely accelerate in 2021, particularly as leading economies and financial centres in the US, China, the EU, and the UK make political and legislative commitments focused on ESG and investors double down on their ESG demands.

This second instalment of Latham’s annual 10 Things to Look Out For blog post highlights ESG-related developments and trends to anticipate in 2021.

Keep learning with an ACC-curated selection of resources on hot topics.

Unconditional Bonds are critical to commercial transactions and construction projects. They guarantee the interests of a contractual party in the event of a default such as failure to pay or to perform contractual obligations. This article explores the effectiveness of Unconditional Bonds in Vietnam and offers solutions to minimize the occurrence of the bond being dishonored.

The following article lists ten aspects of Canadian patent law and practice that contrast with that of the United States. This brief article will be of interest to US in-house counsel who are directing patent litigation in Canada.

It seems to us that although the dizzying number of technology solutions entering the market daily (not to mention the avalanche of new AI possibilities that accompany them) are intended to make everyone’s life simpler, it’s more challenging than ever to cut through the noise and figure out how or where to start your journey to simplifying contracting for you and your organization. Read more.

This Top Ten addresses what in-house counsel should know about merger control in India.

These 10 steps will help your company begin to analyze and respond to an activist investor before the need arises.

This Top Ten provides ten key trends and tips for contractors to think about to maximize their chances to successfully protest procurements (or defend contract awards).

This brief resource presents ten guidelines that law departments should consider using when drafting their own law firm guidelines in the United States.

In most business transactions, lawyers are not involved in determining the ultimate price. However, in some situations, this amount can raise a red flag as it might subject the parties to sanctions. Due consideration must be given in particular to tax (I) and contract (II) law in the European Union.

This Top Ten lists the attributes of a modern, compliant and executable records retention schedule

This Top Ten offers 10 steps for developing a settlement strategy for employment claims in the United States.

It is no secret that data breaches, and lawsuits over data breaches, are on the rise. This brief resource provides 10 practical insights on the steps a legal department should take when faced with a data breach.

This resource presents key tips to consider when preparing to respond to search warrants in the United States.

In short Top Ten article, learn how a business entity may under US law utilize independent contractors to save money and increase flexibility.

Ten tips that multinational employers can follow to reduce the risks of non-compliance with respect to the anti-discrimination regulations in Central America and The Dominican Republic.

This Wisdom of the Crowd, compiled from questions and responses posted on the Compliance and Ethics Forum, addresses the standard reporting structure for the General Counsel (GC) role within an organization.

This Wisdom of the Crowd (ACC member discussion) addresses corporate document requests from a Russian entity, under US law. This resource was compiled from questions and responses posted on the forum of the Small Law Departments ACC Network.*

This top ten presents key issues to consider in order to manage risk through contract provisions, such as limitation of liability, indemnity, termination of rights, change of control and assignment provisions, covenants, warranties, waivers and releases in the United States.

This brief resource (Top Ten) provides some tips on figuring out what story you should tell about your legal department, and ways to go about telling it.

This Top Ten outlines ten recommendations for companies and their board of directors to consider when faced with fiscal distress to help protect against incurring liability.

This Top Ten summarizes ten tips that both the "Former Employer" (the company seeking to enforce its non-compete) and the "New Employer" (the company that hires the employee with the non-compete) should be aware of regarding non-compete agreements.

This brief resource (Top Ten) outlines 10 operational tips when preparing for a regulatory investigation.

For better or worse, the COVID-19 pandemic has upended the way in-house counsel work. While managing childcare, elder care, and self-care, lawyers have been forced to work from home while living through a global pandemic. The five tips in this resource can help you organize your time more efficiently.

This Top Ten is a list of key issues that a potential foreign investor should consider when investing in India.

This resource presents ten key considerations about developing an effective Document Retention Policy (DRP) that can be used in the United States.

This Top Ten provides tips on how to prepare for, and navigate successfully, big litigation that may be key to the survival of the company.

This Top Ten gives ten key tips to avoid common risk allocation drafting pitfalls, and achieve legal and business objectives.

This Top Ten lists the provisions pertaining to enforcement of competition law in India.

Although it might not be the document most commonly on the minds of nonprofit directors, officers or staff, bylaws form the backbone of governance for nonprofit organizations; they are a very important document. This article covers some of the most important things to remember when drafting bylaws.