A public company being created in a spin-off or carve-out transaction faces many of the issues that any newly public company must address, as well as some unique corporate governance challenges. Find out how the officers supporting the board
of directors can be proactive in shaping the company’s governance practices, to improve performance and ensure that its stakeholders will view the new company favorably.
Over the last 50 years, the word sex has been defined in strict biological terms, to sex stereotyping, and now to sexual orientation. It is doubtful that Judge Smith, as the senator was known, had any idea that sex discrimination would over time encompass discrimination against lesbian, gay, bisexual, and transgender (LGBT) employees.
Spoliation of evidence due to data dumping carries great risks and penalties; still, refusing to dispose of data altogether does not make good business sense. Companies that have failed to dispose of unnecessary data accumulated over the last decade drive up ediscovery costs and make litigation preparedness more cumbersome. The solution is not an all-or-nothing approach — learn how to implement a defensible disposal practice.
As the baby-boomer lawyers retire, legal departments in the United States will be looking to replenish their teams. Unfortunately, decreasing numbers of law school graduates means that there will be a smaller pool of talent ready for in-house work. Legal departments must meet this challenge by changing their hiring practices. Learn tips for recruiting and retaining this emerging crop of millennial lawyers.
Legal teams are increasingly becoming responsible for data management. Like a spider’s web, every strand of data intertwines to support the business. At first glance the spider’s web may seem messy and chaotic, but there is order – each strand has a specific purpose. This article takes a close look at the information governance web and suggests ways to establish an effective, long-term information governance plan.
In-house counsel, whether at a
small, large or mid-size company, should be aware of export licensing issues as they impact almost any company, including those that do not engage in direct exports. If you don’t think implementing an export compliance program at your company is necessary, you might change your mind after reading this article.
Read this 2012 Tabbie Award-winning and Communicator Award-winning article!
Although previous case rulings have sunk the high hopes of marijuana users, several states now extend employment protection for those with a prescription. However, marijuana is still considered illegal in any circumstance under federal law. Dazed and confused? This feature will lead you out of the haze.
In the war over value in litigation between law firms and legal departments, a truce has been called. Recently, the ACC and the ABA came together to engage in a meaningful discussion about value. Learn which findings were expected, surprising and feared, and what the future holds for litigation management.
With wage and hour class actions outnumbering all other discrimination class actions combined, it’s easy to see the value that a diligent and well-organized payroll system has to offer. Understand why wage and hour violations are so common and what an employer can do to avoid paying more than just overtime.
John K. Villa discusses the far-reaching implications of the AKZO decision for in-house legal departments with operations in the European Union.
A company’s board of directors has fiduciary duties, including a duty to oversee all aspects of the company’s risk management efforts. This article will focus on how in-house counsel can help educate and engage the board of directors with regard to data security.
This is a services agreement involving training.
Within the span of a few weeks, both the United States and the European Union instituted sweeping new changes to their trade secret laws. This effects a slew of complex legal issues for general counsel, from identifying misappropriation to protecting whistleblower's rights.
The advantages of an integrated legal and commercial approach are incomparable for any organization. Certain favorable conditions need to be in place to realize these advantages. Unless in-house counsel take a thoughtful, proactive approach, these conditions may be elusive.
It’s no secret — businesses with highly engaged employees generally have elevated productivity and better financial results. But employee needs and expectations change with the times, and that has never been more apparent than in today’s workplace.
Discusses impairments covered under the ADA and ADA compliance after Supreme Court cases.
This is a sample software license and support agreement.
In the current political and regulatory environment, government oversight and enforcement activities are increasing rapidly; internal and external scrutiny over corporate and accounting practices is at an all-time high. Prompt and thorough internal investigations of allegations of mismanagement and potential misconduct are critical to respond to a governmental investigation or threatened litigation. Panelists will discuss assessing the risks of fraud and the consequences of doing nothing, benefits of comprehensive investigations, effective investigative techniques and how to undertake necessary and appropriate remedial efforts to manage results of investigations at organizations of varying size.
This Top Ten article presents key steps that all companies should consider taking when served with a lawsuit.
This updated InfoPAK is designed to provide a summary of the law governing covenants not to compete in multiple countries. The InfoPAK will aid in the counseling and drafting of covenants and provide guidance regarding commonly-occurring contract issues, including factors courts consider when analyzing a covenant not to compete.
This article discusses key processes, issues and tips regarding employment litigation in several jurisdictions around the world.
This publication provides insights into trends in SEC staff comment letters issued during the year ended 30 June 2015 in the United States.
The employment relationship is a complex, rapidly changing area of the law. This survey program will cover the basics such as investigating internal complaints, responding to government investigations, addressing ADA and accommodation issues, managing overtime pay and FLSA classification compliance, handling leave issues, and avoiding retaliation claims. The course will also cover emerging issues such as social media, diversity programs, genetic information discrimination, and class action waivers.
The Affordable Care Act (ACA) makes dramatic changes to benefit programs and creates new notification requirements for employer plans during open enrollment. Many ACA changes took effect on the first plan year on or after September 23, 2010, while others become effective in subsequent plan years. This checklist will help employers navigate through this process.
When you respond to a federal or state agency's request for proposals, you are creating opportunity for your company. You will, however, need to disclose sensitive intellectual property information at times, including trade secrets. But there are ways to safeguard your corporate confidentiality without compromising the success of your government contract.
It has been two years since inter partes review (IPR) went into effect. Now, patent challengers finally have a viable option for review of a patent without downsides like expensive discovery practices and the requirement of standing.
The new millennium has ushered in an era of lighting fast communication and commerce. As in-house counsel work to protect their most valuable asset - their company's intellectual property - there are new elements to consider when thwarting competitors' ability to use your top-secret information to their advantage. Are restrictive covenants the solution?
Before shredding that belligerent letter, make sure you won’t be destroying your chance to avoid a lawsuit. The Consumer Legal Remedies Act (CLRA) requires consumers who seek to recover damages to send a written demand and wait 30 days before initiating action. Defend yourself preemptively by knowing how to identifying demand letters and understanding the CLRA.
As hiring outside contractors becomes a more popular alternative to onsite employment, worksite losses because of contractor incompetence have risen substantially. Does your company carry its contractor’s liability? Before disaster strikes, learn which contractual provisions and preventative measures serve to better protect your client’s interests.
The prospect of managing litigation can be daunting for the new in-house attorney. Whether assessing risk, understanding insurance or engaging outside counsel, this article provides a play-by-play strategy for all aspects of litigation management. Because even though the situation may seem dark, it is, after all, the best time to shine.
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