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.
Government contractors have been increasingly met with scrutiny, particularly since ex- government officials often go to work in that sector. Several legislative and regulatory initiatives have been implemented in order to prevent conflicts of interest on the part of government contractors. Given the current climate, it is more important than ever for those seeking a bid to identify, address and mitigate these “conflict of interest” issues.
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.
Many products — from lipsticks to mobile phones — either cross- license patents or incorporate industry standards. Patent pools and standard-setting organizations differ in fundamental ways. Get an overview of both, and learn about some of the litigation trends in these areas.
You are an employer who requires your employees to execute restrictive covenant agreements containing reasonable non- competition, non-solicitation and non-disclosure provisions in order to protect proprietary interests. One of your employees is resigning to work for a direct competitor in violation of his restrictive covenant obligations. Learn what you can do to protect your company.
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.
After many years in the information M2M governance space and talking to literally hundreds — if not thousands — of corporate employees tasked with overseeing or participating in
their organizations’ initiatives, the resounding reply from them is, “There is no budget!” Rarely is this the absolute truth.
Google was recently ordered to produce a “smoking gun” email that it claimed to be protected by the attorney-client privilege. The Federal Circuit’s ruling represents a troubling trend. It seems that privileged communications are disappearing in the digital age. This article discusses how to mitigate the undermining of privilege in electronic communications.
During the acquisition of a smaller company, the due diligence process reveals possible environmental compliance violations. With a criminal indictment looming on the horizon, you must now make a decision: voluntary disclosure or internal investigations. Be prepared to act quickly and decisively, or your company could wind up down the drain.
With ediscovery sanctions up 271 percent, it is critical for all organizations to implement an effective and airtight legal hold process. Be sure to avoid antiquated practices that lack a holistic approach, focusing instead on an integrated legal hold solution. After all, come litigation, the last thing you want to discover is that you’re not prepared for ediscovery.
Legal risks can have a domino effect — financial failure in one institution may trigger others. The Basel Accords are banking laws recommended to regulators as a way to create a globally harmonious approach to financial and operational risk. These recommendations signal a shift from problem solving to problem prevention.
Moving legal work in-house, which fuels the need for confidentiality, has increased the use of anti-competitive covenants and, consequently, litigation related to them. It is still unsettled whether the courts will judge non-compete agreements to be uniformly unenforceable when applied to in-house counsel.
A recent change in federal law enforcement policy governing federal criminal investigations of corporate crime has corporations and their lawyers wondering whether it will effect a real difference in practice. The question that remains to be answered is whether the practice of demanding waivers of privilege and pressuring companies not to advance attorneys' fees to employees has become so entrench in white-collar practice that, in order to curry favor with prosecutors, corporations will "willingly" offer them without a request.
This is a sample hotel group sales and event agreement.
Lawyers working in law firms and in corporate law departments reported several personal challenges to developing their careers during the pandemic. One year after the start of the pandemic, the biggest barrier to career progression for lawyers continued to be limited to no in-person contact. Read this important article to learn more about the professional impact of the pandemic.
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