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.
These are sample terms and conditions for conventions, trade shows and assemblies.
Fracking sits at the intersection between US energy and environmental policy. It offers both transformative economic opportunities and energy security, as well as novel environmental regulatory challenges. This program will provide an overview of the key subsurface environmental and land use issues, as well as the regulatory and legislative efforts being undertaken at the state and federal levels, along with related litigation. Faculty for this program will consist of in-house experts who are responsible for fracking projects, outside counsel who have litigated fracking matters, and government attorneys who help develop and enforce regulations related to fracking.
In this article, various Hong Kong government initiatives and economic relief packages are explained. This resource was produced April 23, 2020.
This QuickCounsel presents the pros and cons of conducting business activities through the most popular forms, i.e., limited liability company, joint-stock company, limited partnership, limited joint-stock partnership, registered partnership and professional partnership in Poland.
In this QuickCounsel, we explain clauses and their existence in certain contracts that are usually based in informal social protocols or customs. We hope that this resource will help with drafting these clauses by providing examples and advice.
This Leading Practices Profile presents themes, trends and leading contingent worker practices of six legal departments, a professional association and one law firm in managing contingent workforces and mitigating risks associated with these types of workforces.
ACC is pleased to encourage student scholarship by publishing this paper, authored by Sam Krause, a student in the Georgetown University Law Center course, In-House Counsel: Law and Practice, taught by former ACC CEO Fred Krebs and Russell Stevenson. Congratulations to Sam Krause on writing a very informative paper.
Options backdating is to CLOs as financial restatements were to CFOs. And in both situations, it's not pretty. Those of us who are even semiconscious have noticed that the CLOs are taking the fall in the options cases. Why and how bad is it? Read John Villa's article on this matter.
This article outlines the margin requirements for non-cleared derivatives regarding the United States, the European Union and Hong Kong.
This article outlines the issues that are likely to define the 2016 proxy season based on trends from the 2015 proxy season.
This article discusses domestic arbitration in Switzerland as it was governed by cantonal law, notably by the inter-cantonal Concordat on Arbitration of 27 March 1969 (the Concordat) which had been gradually ratified and implemented by all 26 cantons.
This checklist is for the health law industry members to evaluate HIPPA security compliance effectiveness.
This article provides basic information only and cannot be treated as an exhaustive overview of any specific legal or business issue.
What strategies and resources are needed for developing a legal department? What do you do first to set up a legal function? How do you get a seat at the table and stay there? How do you communicate with management? How do you get your piece of the budget pie and how do you control your costs? What tools/resources do you need? Where can you go for help? Learn practical strategies and pointers from this panel of legal experts who focus on how to build and maintain a legal department.
This is a sample information technology data classification and handling policy.
Discusses the differences in customs procedures throughout the European Union and provides important tips for any company interested in the EU market.
Thailand Anti-dumping proceedings can be a frightening prospect for most companies. But an anti-dumping proceeding notice does not automatically spell doom. Strategic, advance planning will guarantee the best possible outcome in such a proceeding. The result: a company can double its market share overnight as its competitors are taxed out of the market altogether. Read how to prepare for success.
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 Australia.
According to the US Bureau of Labor Statistics, staffing firms added more than 786,000 jobs to their payrolls from June 2009 to July 2012. There are many reasons for the growth of this particular industry. Temporary help services provide flexibility and a way to avoid overstaffing. Learn the legal ins and outs of hiring temporary workers.
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