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.
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 resource presents the leading practices of legal departments that leverage dedicated legal operations staff to manage the business aspects of Legal. Through profiles of 11 legal departments, it conveys who leads the legal operations function, relationships between general counsel and their legal operations leaders, reasons for the legal operations function, how it functions, its scope and impacts.
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.
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