Mitchell and the subsequent Court of Appeal decisions have proven highly controversial. Described as "unduly harsh" and leading to a "climate of fear", Lord Dyson's prediction that there will be more litigation to determine the exact boundaries of the decision have been realised. Much has already been written about the aftermath. The focus of this article is to look at where we are now. How exactly have the rules of the game changed?
This article is a four-part series in which Oracle Associate General Counsel Suchitra Narayen, QuisLex CEO Ram Vasudevan and consultant Rees Morrison discuss the opportunities and challenges facing a global legal department.
The purpose of this policy is to outline the guidelines on distribution and monitoring of Company-Issued Wireless Devices and proper use of all Wireless Devices in the workplace.
Legal knowledge isn't everything when you're in-house counsel. In this article, learn how the development of non-legal skills can really boost your career.
Legal departments of the small-to-medium size company face daily contract negotiation challenges in their business relationships with large and dominant customers, often having to agree to: no limitations on liability; open-ended indemnifications for a broad range of activities; compliance with onerous and expensive codes of conduct and corporate social responsibility programs; audit provisions; annual reductions in costs; etc. This leaves little room for negotiation or potential loss of business. Attend this session and learn how to face and negotiate these demands.
These guidelines detail the standard terms of engagement between Freescale and outside counsel. Section 1 addresses effective communication, including the company's expectation that counsel allow sufficient time to review and consider counsel's advice and work product prior to deadlines. The remaining Sections address handling confidential/proprietary information, budgets, staffing, retention authority, litigation planning, non-litigation planning, procedures for addressing potential conflicts of interest, media policy, professional fees, invoice timing and format, and policies on expenses.
While the threat of an impending “doomsday” virus may seem like an outlandish prospect, real-world examples like Swine Flu and Ebola raise the question: How would your company respond to such an event? Through an understanding of key employment regulations, in-house counsel can develop precautionary strategies to help mitigate the risk of the next global health crisis.
All attorneys understand the misfortune of dealing with difficult opposing counsel at some point in their career. We call these lawyers “Rambo” litigators. By understanding how Rambo litigators operate, in-house counsel can learn to watch out for certain tactics, and how best to react to them. This article outlines the steps needed to disarm this difficult adversary without losing Voices your composure or professionalism.
Like many others, Spain has been hit hard by the global economic downturn. In the wake of domestic real estate crashes and international financial crises, Spain has restructured its economy and remains one of the most open and diverse in Europe. Learn more about what this means from an international investment perspective.
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.
In-house counsel risk losing attorney-client privilege because of technicalities existing in state registration rules. Gucci America, Inc. v. Guess?, Inc. illustrates this scenario — vaguely worded qualifications cost one company its counsel and one employee his career. read this article to learn how and why you might run the risk of losing your privilege.
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.
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