Waiting for litigation to occur can be both risky and expensive – especially for companies with high litigation profiles. Because of their urgency, responding to discovery and placing legal holds can disrupt business operations and consume available resources, making it hard for a company to get out of the reactive discovery mindset. Instead of waiting for discovery requests to appear, organizations in the Untied States need to anticipate and prepare for future litigation requirements.
The policy of promoting free and frank discussions in negotiations that can lead to settlement prior to trial is embodied in Federal Rule 408 of the US Federal Rules of Evidence. But before you start a full and open discussion, understand that the protections extended by this rule are not clear-cut. This article reviews what Rule 408 does and does not do.
On March 5, 2013, the Brussels Court of Appeal issued a landmark judgment recognizing that, under Belgian law, legal advice rendered by in-house counsel (and related correspondence) benefits from a protection equivalent to legal privilege. The Judgment was given in a case opposing telecommunications incumbent Belgacom to the Belgian competition authority. Pursuing a long-time effort in defense of in-house counsel privilege, Cleary Gottlieb represented pro bono the Belgian Institute for Company Lawyers as intervener in support of Belgacom.
In the legal profession, communication has just as much to do with listening as it does with speaking, representing and decision-making. There's no set standard for how to be a great communicator, but this article highlights important techniques for communicating effectively.
Jim Jackson, executive office director and general counsel of Medair, discusses risk management for the humanitarian aid industry.
What is the distinction between governance and management? A corporate board determines strategy and sets policy for its organization, while management is responsible for the operation of its organization. Board members should have a connection to the company they govern so that both entities can act in concert. This article addresses several steps involved in achieving integration of governance and operations.
Recently, US Justice Sonia Sotomayor, on behalf of a unanimous Supreme Court, held that funds contained within inherited IRAs are not “retirement funds” — a ruling, known as the Clark decision, that notably alters the landscape of inherited IRAs under the Bankruptcy Code. What will the world of bankruptcy, inherited IRAs and estate planning look like post-Clark?
This is a sample services agreement between a company owner and architect.
It’s a connection almost as sacred as any biological bond: the rapport between in-house counsel and clients with global business networks. In the face of litigation, internal documents could be called into evidence and upholding the international sanctity of attorney-client privilege can become knotty. Explore ways to make the law work for you anywhere in the world.
This Canada's Anti-Spam Law (CASL) training course will help you understand the restrictions that Canada's anti-spam legislation places on sending commercial electronic messages.
Get a global perspective on the diverse privacy and data protection rules of several international jurisdictions as panelists discuss methods by which global employers can protect confidential business information, customer lists, trade secrets and other valuable corporate information. They will examine global trends in rules and regulations designed to protect employee privacy and employee-related data from the perspective of a US-based company with global operations. Learn about rules under the European Union (EU) data protection directive, as well as comparative rules in Mexico, Latin America, Asia and other jurisdictions, including differing rights granted employees regarding privacy in the workplace. Discover steps employers can take to manage their obligations under these privacy and data protection rules, and tips to keep your own company’s trade information confidential.
This is a DOL powerpoint presentation regarding employment relationships under the Fair Labor Standards Act.
Policies that promote social and environmental justice should be integrated with the traditional production and consumption economy. Financial institutions play an important role in that economic model. Learn how credit-granting policies can work alongside the Brazilian government to achieve social and environmental sustainability.
Corporate Counsel face the challenge of preparing for the enforcement of domestic and international law requiring the assessment, mitigation and removal of human rights abuses and environmental risks in complex supply chains. The rise in WROs, questions navigating guidance from the US Customs and Border Protection with respect to UFLPA enforcement, and current demand from various stakeholders for reliable human rights and environmental data makes this challenge even more pressing.
This self-paced course offers a practical tool to help buyers and sellers address these compliance risks and acquire the necessary data with model supply chain contract clauses drafted by a working group formed by the American Bar Association Business Law Section.
Three practical tools are covered: (1) the model clauses, (2) guidance for creating an enforceable supplier code, and (3) a novel buyer code of conduct. Modular materials, designed to be adaptable for the varying needs of corporate counsel in different sectors, are already available on the ACC website and will be reviewed and explained.
Overview:
Corporate Counsel face the challenge of preparing for the enforcement of domestic and international law requiring the assessment, mitigation and removal of human rights abuses and environmental risks in complex supply chains. The rise in WROs, questions navigating guidance from the US Customs and Border Protection with respect to UFLPA enforcement, and current demand from various stakeholders for reliable human rights and environmental data makes this challenge even more pressing.
This self-paced course offers a practical tool to help buyers and sellers address these compliance risks and acquire the necessary data with model supply chain contract clauses drafted by a working group formed by the American Bar Association Business Law Section.
Three practical tools are covered: (1) the model clauses, (2) guidance for creating an enforceable supplier code, and (3) a novel buyer code of conduct. Modular materials, designed to be adaptable for the varying needs of corporate counsel in different sectors, are already available on the ACC website and will be reviewed and explained.
Overview:
Corporate Counsel face the challenge of preparing for the enforcement of domestic and international law requiring the assessment, mitigation and removal of human rights abuses and environmental risks in complex supply chains. The rise in WROs, questions navigating guidance from the US Customs and Border Protection with respect to UFLPA enforcement, and current demand from various stakeholders for reliable human rights and environmental data makes this challenge even more pressing.
This self-paced course offers a practical tool to help buyers and sellers address these compliance risks and acquire the necessary data with model supply chain contract clauses drafted by a working group formed by the American Bar Association Business Law Section.
Three practical tools are covered: (1) the model clauses, (2) guidance for creating an enforceable supplier code, and (3) a novel buyer code of conduct. Modular materials, designed to be adaptable for the varying needs of corporate counsel in different sectors, are already available on the ACC website and will be reviewed and explained.
Overview:
Corporate Counsel face the challenge of preparing for the enforcement of domestic and international law requiring the assessment, mitigation and removal of human rights abuses and environmental risks in complex supply chains. The rise in WROs, questions navigating guidance from the US Customs and Border Protection with respect to UFLPA enforcement, and current demand from various stakeholders for reliable human rights and environmental data makes this challenge even more pressing.
This self-paced course offers a practical tool to help buyers and sellers address these compliance risks and acquire the necessary data with model supply chain contract clauses drafted by a working group formed by the American Bar Association Business Law Section.
Three practical tools are covered: (1) the model clauses, (2) guidance for creating an enforceable supplier code, and (3) a novel buyer code of conduct. Modular materials, designed to be adaptable for the varying needs of corporate counsel in different sectors, are already available on the ACC website and will be reviewed and explained.
Overview:
Corporate Counsel face the challenge of preparing for the enforcement of domestic and international law requiring the assessment, mitigation and removal of human rights abuses and environmental risks in complex supply chains. The rise in WROs, questions navigating guidance from the US Customs and Border Protection with respect to UFLPA enforcement, and current demand from various stakeholders for reliable human rights and environmental data makes this challenge even more pressing.
This self-paced course offers a practical tool to help buyers and sellers address these compliance risks and acquire the necessary data with model supply chain contract clauses drafted by a working group formed by the American Bar Association Business Law Section.
Three practical tools are covered: (1) the model clauses, (2) guidance for creating an enforceable supplier code, and (3) a novel buyer code of conduct. Modular materials, designed to be adaptable for the varying needs of corporate counsel in different sectors, are already available on the ACC website and will be reviewed and explained.
Overview:
Corporate Counsel face the challenge of preparing for the enforcement of domestic and international law requiring the assessment, mitigation and removal of human rights abuses and environmental risks in complex supply chains. The rise in WROs, questions navigating guidance from the US Customs and Border Protection with respect to UFLPA enforcement, and current demand from various stakeholders for reliable human rights and environmental data makes this challenge even more pressing.
This self-paced course offers a practical tool to help buyers and sellers address these compliance risks and acquire the necessary data with model supply chain contract clauses drafted by a working group formed by the American Bar Association Business Law Section.
Three practical tools are covered: (1) the model clauses, (2) guidance for creating an enforceable supplier code, and (3) a novel buyer code of conduct. Modular materials, designed to be adaptable for the varying needs of corporate counsel in different sectors, are already available on the ACC website and will be reviewed and explained.
Overview:
This article from Womble Bond Dickinson assesses some of the drivers of supply chain disruption in the U.S. and Europe and considers what businesses can do to mitigate the risks. These issues are likely to impact all sectors, however, they have particularly impacted the construction industry in recent years.
We all have lists of policies and procedures we'd like to see updated, revised or implemented. But how do you prioritize a long list of must-haves, knowing that in reality you won't get to all of them right away? Is a document retention policy more or less important than a Foreign Corrupt Practices Act policy? What about policies that depend on other organizations, but often involve (or are driven by) legal, like information security and privacy policies, business continuity plans, etc.? Which ones can be safely patched together or temporarily left alone, and which need to be addressed immediately? This session will give you the information to prioritize policy needs for your company so that you don’t look back and second-guess your choices.
When borrowing or lending money internationally, a system of laws and taxes need to apply. However, figuring out if your lender country, in this case BVI, has authorised share capital can be confusing. Read through and learn more on this subject.
Camana Bay in the Cayman Islands is a meticulously groomed town, where native vegetation flanks walkways and bike trails that lead to office buildings, courtyards, restaurants and school grounds. The aesthetics are both beautiful and functional. Because every destination that spans this development is walkable, Camana Bay promotes social interaction and a low environmental impact. Dart Enterprises, where Ward Sykes is vice president of corporate and legal, is the parent company of Dart Realty, the developer of Camana Bay and the company responsible for the beautifully engineered community.
This sample policy specifies a company's procedures for handling data breaches.
This article outlines the benefits of replacing a reactive, ad-hoc discovery process with a proactive litigation readiness program that can substantially reduce the risks and costs of implementing legal holds, collecting relevant electronically stored information (ESI), and otherwise responding to eDiscovery requests for companies based in the United States.
An overview of shareholder agreements and disputes under the Ontario Business Corporations Act.
An overview of security interests in Ontario. Includes review of how companies can protect their security interests under Ontario's Personal Property Security Act.
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