What is the distinction between governance and management? A corporate board determines strategy and sets policy for its organization, while management is responsible for the operation of its organization. Board members should have a connection to the company they govern so that both entities can act in concert. This article addresses several steps involved in achieving integration of governance and operations.
This article discusses an underwritten topic: the transition from in-house to law firm. For those considering the move, there’s a lot to keep in mind, including how to choose the right firm and how to develop a business plan that highlights your abilities. There are no hard and fast rules — every experience is different. Learn from several of your peers.
In-house counsel should take a leading role in building upon regulatory actions to adopt cyber risk mitigation measures. This is a list of things that can and should be done before an attack occurs to position your company to effectively respond to a cyber incident.
Discusses the differences in customs procedures throughout the European Union and provides important tips for any company interested in the EU market.
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.
Does your company have a plan of action for maintaining electronically stored information? Without policies to control its storage and usage, things can get hairy. Like every other part of your department, discovery needs strategy. This article provides the know-how to get one started.
Outsourcing labor and services has become more commonplace than ever — and general counsel are not immune to the bandwagon effect — which is not necessarily a bad thing. Unbundling and assigning different services to separate entities may result in work being done more efficiently and with less expense. Learn the “dos” and “don’ts” of engaging in legal process outsourcing.
Discusses effective approaches to keeping a law department competitive for the future.
Under French law, the divestiture of an unprofitable business can create specific legal risks. For example, international companies should anticipate post-closing liabilities under bankruptcy proceedings and employee claims. Learn more about what to expect and how to navigate associated risks.
In today’s global economy, the need to send employees overseas remains strong. How are leading global organizations dealing with the challenges of effectively incentivizing international employees, without compromising their global budget? There are a myriad of details dealing with basic pay, perquisites, allowances, taxes, and benefits and issues regarding whether to establish local or global policies, which need to be resolved. These issues can haunt even sophisticated US-based HR managers and in-house attorneys. And for many, past practice suggests that solutions are extraordinarily expensive. Our panel of experts will provide a road map through all of these issues. From selecting the right person and developing a smart policy and strategy, to dealing with domestic pay, tax and benefits requirements, you will have all the tools to maximize the value of the assignment to the organization, while operating in a cost-efficient manner.
Contract boilerplate - choice-of-law, forum selection, integration, severability and survival clauses - are standard and necessary provisions in employment agreements. These clauses are so common that they're often recycled from one agreement to the next - sometimes with just a few keyboard clicks. But beware: Dangers may be lurking in these commonly used provisions.
Sample form required for foreign entities acquire newly issued stock in Korea.
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.
This guide provides a comprehensive analysis of patent enforcement proceedings in Malaysia.
Getting the Deal Through is delighted to<br />publish the ninth edition of Arbitration, a<br />volume in our series of annual reports,<br />which provide international analysis in<br />key areas of law and policy for corporate<br />counsel, cross-border legal practitioners and<br />business people.
The purpose of this research is to understand how organizations qualify and quantify the financial risk to their tangible and intangible assets in the event of a network privacy or security incident.
This article is a detailed account of the Affordable Care Act. The following materials were submitted on August 28, 2013. New regulations, guidance, FAQs, and announcements may be issued after August 28, 2013, which may alter the content of some of this article.
Eighth edition of the Getting the Deal Through Anti-Corruption Regulation Guide, a volume that provides international analysis for corporate counsel, cross-border legal practitioners and business people.
Getting the Deal Through is delighted to publish the ninth edition of Arbitration, a volume in our series of annual reports, which provide international analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners and business people.
Eighth edition of the Getting the Deal Through Anti-Corruption Regulation Guide, a volume that provides international analysis for corporate counsel, cross-border legal practitioners and business people.
This is a sample stock purchase agreement.
Something is clearly broken in big law. Despite the business imperative for diversity, law firms that corporations retain for significant issues just aren’t meeting the need to increase the number of diverse attorneys.
Read this 2012 Gold Circle Award-winning and Communicator Award-winning article!
Fast-growth tech start-ups are the new “Wild West” of the corporate world. Not only did they survive the recent economic collapse, but many of them experienced record profits. These are exciting times for general counsel looking for a new legal leadership role. Learn what to expect and how to succeed, because these new frontiers aren’t for the weak of heart.
As global economies recover from the credit crisis, lack of available funding is crippling major infrastructure initiatives, and financial advisors are searching for new sources of credit to get their projects off the ground. The Province of Ontario, however, may have found a solution to the problem: a pooled financing vehicle. This article demonstrates the success of local governments using such a model to fund new infrastructure development.
As legal situations are in a constant state of flux because of the topical nature of the issue mandatory national law and current case law should always be complied with when using the clauses.
In this Quick Overview, the basic elements of the California Consumer Privacy Act (CCPA) are explained as well as practical steps that can be taken to comply with this new regulation.
With or without a compliance and ethics program, many organizations find themselves sweating under the scrutiny of the United States Sentencing Guidelines (USSG). Whom do you trust to conduct an effective internal investigation? Keeping it in-house can sometimes do more harm than good. Understand how the USSG scores different offenses and what steps to take to avoid serious repercussions.
Retirement isn't as simple as flipping a switch. As with any major life decision, planning for a successful retirement takes time, effort, and commitment. Retirement doesn't necessarily preclude all work, however. This guide presents the stories of two lawyers who put thought into their transition and were able to stay busy and intellectually stimulated.
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