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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.

The Insurance/Reinsurance Guide to Global Business is meant to be a quick reference for in-house counsel conducting business across the world.

This is a sample form of guarantee agreement among a borrower, a lender and an administrative agent.

Environmental risks and liabilities, which can be substantial, are a part of most commercial and real estate transactions involving in-house counsel. Parties to a transaction must identify, evaluate and allocate those risks and liabilities in order to protect their interests; and the parties—sellers, purchasers, lenders and insurance companies—have diverse perspectives and methods for managing environmental risks. Learn the sources of environmental liabilities, including federal and state statutes, implementing regulations, local ordinances and rules and common law. Then discover contractual provisions for allocating or limiting environmental risks, including definitions, representations and warranties, covenants and conditions precedent, indemnities, releases and other contractual mechanisms to allocate or limit such risks. Speakers also will reveal non-contractual ways to allocate or limit environmental risks, including deed restrictions and environmental insurance.

This resource provides an overview on the recently passed legislation by the Financial Services Royal Commission. The specific legislation is the Financial Sector Reform (Hayne Royal Commission Response) Bill 2020. In particular, this summary examines the differences between this Bill and previous legislation and how it affects insurers.

Simple tools to align with the business and manage workflows across multiple internal and external resources.

This Leading Practices Profile, The Role of General Counsel in the Middle East, features the law department leading practices for three entities navigating the many challenges of meeting the regulatory and cultural standards placed on global corporations.

ACC Repsonse to White Paper of the Committee of Experts on a Data Protection Framework for India

Learn how to structure your compliance program based on recent actions by the US Department of Justice (DOJ), the US Securities and Exchange Commission (SEC) and other regulators. A panel of experts will discuss recent deferred prosecution agreements and non-prosecution agreements; how corporate integrity agreements and declinations provide a wealth of information and direction; and how these agreements provide insight into the expectations of the DOJ, SEC and other regulators. Panelists will dissect the most recent agreements and discuss key takeaways for compliance programs.

When drafting contracts, using indemnity provisions and insurance clauses should be more than just a “copy and paste” operation. Such clauses should be tailored to the specific needs of the contracting parties. This article provides tips on drafting effective indemnification provisions and insurance clauses in contracts involving the sale or purchase of goods and services.

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.

US-recognized attorney-client privilege<br />may not be respected in all jurisdictions, especially during the chaos of a dawn raid. Protect your privileged documents with this checklist.

International arbitration is a popular and well-known method of dispute resolution among in-house attorneys. What is not so well known are the tools and tactics needed to create successful resolutions. Read on and find the key facts of international arbitration.

When government action or public controversy affects corporate practice, commercial speakers must be wary of exposure to massive civil penalty suits. Even when speaking honestly and in the best interest of the public, accusations of deceptive and misleading conduct may surface. This article presents three tips to keep in mind, before you’re punished for speaking your mind.

New technological advances, especially Advanced Text Analytics, are changing the productivity paradigm for lawyers who have to read enormous volumes of electronic documents to identify potential evidence.

By learning how to effectively manage third party subpoenas, in-house counsel can avoid the undue burden of fighting someone else’s legal battle.

By implementing a thorough internal review process, in-house counsel can ensure that a company’s hiring policies recruit qualified and trustworthy employees.

To succeed, multinational employers entering into and doing business in China must sharpen their employment-related business strategies to leverage opportunities and mitigate risk. We examine six common labor and employment traps and how to avoid them.

Today’s heightened regulatory environment coincides with an exponential growth in data, creating new challenges for corporations operating in the international marketplace. Multinational corporations must employ innovative strategies that capitalize on expanding data. Learn how to leverage fact development organizations so that information gathered is lasting and useful.

Much like in Shakespearean plays, a government-driven investigation into company compliance can end as either a comedy or as a tragedy. To ensure the former, in-house counsel should work collaboratively with outside counsel to plan, establish, and execute an effective response plan. In doing so, the company can guarantee a positive relationship with federal regulators and avoid meeting a tragic Shakespearean demise.

The role of in-house counsel in India is evolving rapidly, and the influence of legal over other departments is also growing. Indian corporate counsel must prepare themselves for compliance in multiple jurisdictions and be aware of the legal and ethical environs of the countries in which they are doing business.