The purpose of this brief note is to help market participants make contingency plans where the political crisis involving Ukraine results in sanctions and embargoes, exchange controls, expropriations and the break up of Ukraine. It focuses in particular on the legal impact these events might have on financial contracts, such as bond issues, bank loan agreements, deposits and investments. It does not deal with wider political and economic consequences, such as the impact on a country’s economy and its banking system.
Cybersecurity touches every aspect of global consumer and corporate culture today. Preventing, preparing for, and responding to data breaches in real time is a chief concern for individuals, corporate leaders, and government regulators. Download the 2018 ACC Foundation: the State of Cybersecurity Report, underwritten by Ballard Spahr LLP, and learn what more than 600 corporate counsel say about their cybersecurity experiences, role, and practices.
The content of this handout supplements the course materials on the drafting of dispute resolution clauses.
Although each international M&A is unique, in-house counsel can successfully handle any global transaction by thoughtfully developing a cross-border acquisition strategy.
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.
Hate it or love it, employ it or avoid it, the billable hour has been the primary expensing tool used in the industry. In often variable and unpredictable litigation matters, it seems to be the only practical option to recoup charges - or is it?
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.
In January 2009, Congress passed the Americans with Disabilities Amendments Act (ADAAA), allowing the definition of disability to be interpreted more broadly. As a result, the ADA now protects millions more Americans than it did prior to January 2009. For employers, the most important ADA requirement is providing reasonable accommodations to qualified employees. Learn more about what these accommodations are and, overall, what to expect should one of your employees be protected under the ADA.
Mass tort litigation defendants need to have each other’s backs — the common interest privilege allows them to communicate securely, pool resources and drive down costs, promoting fairness for the parties and in the court. This article ad- dresses the murky law of various jurisdictions, and offers key joint defense concepts that are applicable everywhere.
In managing a global workforce, companies need to know varying regional regulations, balance the law with corporate policies, and understand cultural differences and how law and policy can be practically applied. Let this article be your guide to meeting the employment and labor challenges of a multinational company.
Discusses effective approaches to keeping a law department competitive for the future.
Read how Textron’s law department became a team by abandoning business-as-usual and implementing a Six Sigma program. After a series of Six Sigma-delivered revelations, Textron counsel redefined their priorities and saw a 20 percent raise in customer satisfaction in just one year. Explore this case study and apply your own Six Sigma program.
Immigration reform continues to be one of the hottest and most controversial debates in the United States. Issues concerning immigration can, and likely will, hit your legal department. Corporate counsel need to understand the immigration process and be prepared to navigate it.
This InfoPAK (now known as ACC Guides) provides a memorandum of understanding relating to a two-party proposed 50:50 international joint venture, where both parties intend to contribute existing businesses to a newly formed joint venture company, applied to a global context.
This InfoPAK (now known as ACC Guides) provides a high level overview of the domestic mining sector, its regulatory structure and ownership, the environment and health and safety. It covers foreign ownership and tax issues ans proposals for reform in Mozambique.
Accidents happen. And when they do, a waiver may determine whether or not your company is held liable. Recent court cases, however, suggest that waivers executed by parents on behalf of their children are unenforceable in certain states. Learn why and where these agreements fall short, and what you can do to further protect your company.
This article taps into the wisdom of military leaders in order to chart a course for successful litigation. In addition to conducting risk assessments and developing a strategic budget, litigation readiness involves executing a plan and leading smart people. Before you walk onto the battlefield that is the courtroom, learn how to prepare like a seasoned general.
While in-house legal departments pride themselves on not being like law firms, there are things that corporate counsel can learn from them, especially those representing the plaintiff. Find out how DuPont's legal team's defense strategies could work at your company.
What's going on in US public company mergers and acquisitions? Read all about the latest developments in contingent value rights, highlighted through recent pivotal transactions.
As corporations continue to focus on cost reduction and increased efficiency, a second wave of strategic initiatives has brought value back into the limelight. Legal departments and firms should work together to implement new practices that are mutually beneficial. You have two choices: Ride the wave or wait for it to crash down on top of you.
Those who have ascended to the top of the in-house profession are not "lucky," rather they have made their own luck through self-awareness, development plans, branding, and clear objective-setting. Set yourself up to succeed by investing in yourself and taking smart risks.
How much oversight in-house counsel should exercise in connection with document preservation and collection in ediscovery is a delicate balance of push and pull. Should you allow executives and employees to decide what is relevant and have them push the data for production? Or should your team pull the data and then review for relevancy? This article considers leading court cases in order to provide some suggestions for how you can best supervise the ediscovery process.
The FCPA and other anti-corruption laws in the United States have international businesses paying close attention to creating and maintaining effective compliance programs. Failure to do so can bring long, invasive investigations and fines and penalties topping $100 million. There’s no cookie-cutter method to success at preventing, detecting and remediating violations since companies, markets and relationships differ. Some basic fundamentals can help limit the risks of running afoul of the law.
Bringing a drug to market requires an extraordinary investment. In-house counsel at biotech and pharmaceutical companies routinely face the challenge of developing an IP strategy that maximizes an investment’s return. This is especially difficult when the market for approval of a drug is relatively small. This article provides an overview of the regulatory frameworks for orphan drugs in the United States and other developed and emerging markets.
Some countries have either banned or are proposing to ban the use of certain ingredients and flavours on the basis that they make risky products more appealing. Learn how this could affect your company’s brand.
Drafting and negotiating purchasing agreements can be a daunting endeavor. Hopefully, you’re usually involved in the process from the beginning, but that may be wishful thinking. You need to make sure you’re up-to-date on the commercial and legal implications of common terms and conditions. Ask the right questions early on to avoid asking for an aspirin later.
By understanding the 10 practical steps to take before, during, and after your next calamity, in-house counsel can be better prepared to seize the moment and overcome any scenario.
A former employee is suing your company for improper termination. As in-house counsel you meticulously plan your company’s defense,including a detailed checklist of all discovery requests. But it all turns upside down when you discover that the IT department purged crucial emails and documents from the plaintiff in keeping with the company’s document retention policy. What now?
By broadening the power of appeal granted to both parties, in-house counsel can make arbitration more appealing for those wanting to avoid the courtroom.
This is a sample End User License and Services Agreement used in connection with equipment.
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