In the European Union, public procurement law is characterized by a myriad of idiosyncrasies and gray areas that should be closely analyzed before delving too deeply into any land development agreement. If deemed a public works contract, it may be subject to a compulsory tendering process, even if the local developer has assured you otherwise. Read this article to avoid rash decision-making that could potentially give your competitors the upper hand.
Consumer product manufacturers, importers, distributors and retailers take heed. The US Consumer Product Safety Commission (CPSC) has been among the most active government agencies in the last four years. Companies must be proactive to ensure regulatory compliance and to protect their brand. This article suggests means to proactively design an effective product safety and regulatory compliance program.
In-house counsel often function in multiple roles and can be asked for all kinds of advice — some legal, some business and some personal. This can make for a challenging ethical landscape. It is important for in-house counsel to review what they are ethically responsible for as legal professionals.
Much has been said of the expanded role that in-house counsel is now expected to carry out in public companies. Modern law departments must go beyond providing legal advice as needed, and are expected to collaborate directly and offer leadership to their board of directors. Learn how board governance has changed in the last 15 years and how in-house counsel must adapt.
New reporting requirements mandated by the Medicare, Medicaid, SCHIP Extension Act of 2007 were effective Jan. 1, 2010. Companies subject to the MMSEA must understand the new requirements or learn the hard way — a potential civil penalty of $1,000 for each day of noncompliance for each claimant. An absolute must-read, this detailed report includes MMSEA background information, and compliance guidelines and instructions.
With the booming growth of international business comes a boom in international business disputes. In-house lawyers for companies doing global business need skills in all aspects of international arbitration, including counseling, contracting, and the arbitral process. But they need to be aware that the international arbitration process involves procedures unfamiliar to most American lawyers. For example, court selection and arbitration clauses that are effective for domestic transactions do not work well in international deals. This HandsOn will offer you a guide to the key features of international arbitration law, and some tips on how to make your arbitration a success.
Armed with recent amendments to the statute that initially targeted contractors, the government has also recouped millions of dollars using the False Claims Act to battle healthcare fraud. But just what does that have to do with your company and its employees?
Today, more cases are going to trial for shorter durations. In such a scenario, lawyers must present information to jurors in a concise, streamlined manner; in essence, they must become masters of the short story. This article explores the benefits of compressed trials and offers practitioners insight into how they can tailor their strategies to ensure a positive outcome for their clients.
Outsourcing company services that require sensitive data to third parties does not relieve your organization of liability. Far from it — entrusting sensitive data to a vendor can increase your risk of a data breach and drive up the associated costs of the fallout. However, if you conduct due diligence and verify that your vendor can handle confidential information with care, you bolster your company’s defense if a breach occurs due to the vendor’s negligence.
A discussion about transitioning from private practice to that of a corporate legal department.
The role of advocate is one of great responsibility and requires a strong understanding of what needs to be done in order to affect change. New laws and potential changes to existing laws impact in-house counsel's ability to work effectively. Alberto Gonzalez-Pita has been working, along with ACC, on behalf of the in-house community, and its ability to serve the client, for years.
Canadian M&A activity was moderate in 2013. The weakened natural resources sector, which had helped Canada outperform other economies through the recession, contributed to an overall drop in M&A levels as the total number and aggregate value of Canadian deals, and Canada’s share of global M&A, decreased. However, powered by a strong domestic economy, Canadian companies’ outbound M&A strengthened relative to inbound acquisitions and the U.S. was again by far the most popular target country. Against that backdrop, we answer some frequently asked questions on Canadian M&A and discuss the trends that Blakes sees unfolding in 2014.
This article addresses the Fraud Section of the Department of Justice's issuance of a Foreign Corrupt Practices Act Enforcement Plan and Guidance in 2016 that includes a one-year pilot program to formally incentivize corporations to self-disclose potential FCPA issues, fully cooperate with DOJ in the investigation of those issues, and remediate any corruption issues identified in an internal investigation in the United States.
This article summarises the legislative framework for the protection of personally identifiable information (PII).
If your company is involved in a merger, acquisition, or joint venture, and one of the businesses involved has activities in Europe, be careful. The European Union (EU) recently put into effect new and tougher rules governing mergers. We guide you through the maze of an EU competition review with this article.
With China's pending entry into the World Trade Organization, continued reports of software and internet music piracy in Asia, and the ease with which pirated goods can be trafficked via the internet, protection of intellectual property rights abroad should concern any company conducting business in China.
“Can we do it?” “Should we do it?” “How can we justify budgeting for it?” and “Can we rely on it?” are questions that your product development or marketing team may ask you prior to launching a product or service.
The overall costs and burdens of ediscovery for any company can be hefty to say the least. When companies "de-duplicate" only within the records of individual custodians, they often end up paying lawyers twice to review the same document from multiple custodians. This adds significant cost for the company and frequently raises serious ethical issues.
For US-based companies that hire foreign nationals or send US citizens to work abroad, there are laws, regulating bodies and cultural ideologies to pay attention to in order to avoid costly litigation. Businesses that are new to foreign employment should examine their practices to ensure compliance at home and abroad.
After a multinational acquisition has closed, in-house counsel still need to manage different legal systems and different employee rights and expectations. Developing and implementing a post-acquisition plan requires technical expertise and early involvement in the acquisition process. This article breaks down the phases for developing an effective integration plan.
There are many approaches a legal team can take to build a culture of diversity and inclusion. Clerkships are one avenue. This article discusses how a well-structured 1L diversity clerkship program can add value to an in-house team. Not only do clerkships highlight a company’s commitment to diversity, but they also build a talented pipeline of professionals that can enhance a company’s brand for years to come.
This article, developed by Latham & Watkins LLP, reviews how the SEC proposals track EU requirements in certain respects, but differences in content and scope could leave advisory firms with increasingly complex compliance challenges. Learn more about the ESG Disclosure Requirements proposed in this article.
This is a sample convention center agreement between City and Corporation.
This is a sample channel license agreement.
This guide provides an overview of the legal framework for food safety in China.
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