The articles in this Out In Front include: Going Global: IT Systems Legal Health Check Part 2, Shoveling Smoke: The Flip Side of Client Relations, Business Ethics: Carrots & Sticks and Contractual Cogitator: The Sweet and Sour of a Deal in Steel.
This White Paper is part of a series of Latham & Watkins publications highlighting significant developments under Foreign Account Tax Compliance Act (FATCA) and outlining some of the major workstreams that foreign financial institutions must complete in order to comply with FATCA.
A young lawyer drops a file on your desk: "We got him cold," he says. "Here are his emails to his lawyer—I bet he has admitted the sexual harassment in some emails to his attorney and once we read them, we can nail him good." But should you open and read them? Something makes you uneasy about reading those emails. Are you right to worry? Yes. While there are cases which would support your claim that the executive waived the attorney-client privilege by using company computers, especially in light of your company policy prohibiting using computers for personal use, the law in this area is neither mature nor settled. Proceed, as they say, at your peril.
A sample RFP for legal services.
This policy sets forth how MassDEP expects to exercise its enforcement discretion in determining an appropriate enforcement response and administrative penalty for violations discovered during the course of an environmental audit.
Audits by governmental agencies are on the rise, and compliance with the ever-changing and increasing number of regulations is challenging. Employee benefit plans could impose liability for your company’s employees who serve as fiduciaries, your board or your company. In a Jeopardy! format, this session will examine the top six sources of liability and top six best practices to avoid liabilities from employee benefit plans for welfare, retirement and executive compensation plans and specific issues for multinational companies.
Each of the respective industries in healthcare face different issues when negotiating contracts. This program will highlight what are essential provisions to be included in health care agreements from the perspective of hospitals, providers, medical device companies, pharmaceutical companies and health plans. Concepts to be discussed include the requirements of the variety of U.S. and international laws impacting the healthcare industry, the different needs of for-profits and non-profits, and the changes imposed by healthcare reform.
Recent enactment and clarification of China’s new labor contract law has outlined the rights and responsibilities of parties on both sides of the agreement. For American companies who currently employ staff in Chinese facilities — or those considering extending their work into China, this article is a must-read resource on the law principles and their impact on business as we know it.
Research shows that leaders who demonstrate positive recognition toward those they work with have a much higher rate of engagement and success. By defining “positive recognition” and learning how it affects others, in-house counsel can better master how to utilize this kind of acknowledgement and ultimately increase efficiency and communication.
Canada is the United States’ largest trading partner, making disputes between US companies and Canadian companies inevitable. Consequently, US companies may be forced to resolve their disputes in Canadian courts. Although both legal systems share much in common, including traditional common-law principles, procedural rules and substantive rights for litigants differ significantly. This article describes some of the most important distinctions of the Canadian legal system.
Effective management of international work assignments requires careful planning and attention to both United States’ and the host country’s laws. There is often so much to consider that little thought may be given to how an LGBTQ individual or family will be treated once the transfer is completed. But this cannot be overlooked.
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.
Canada is the United States’ largest trading partner, making disputes between US companies and Canadian companies inevitable. Consequently, US companies may be forced to resolve their disputes in Canadian courts. Although both legal systems share much in common, including traditional common-law principles, procedural rules and substantive rights for litigants differ significantly. This article describes some of the most important distinctions of the Canadian legal system.
This article traces the career path of Edith Shih – from aspiring dentist to music teacher to head group general counsel and company secretary of Hutchinson Whampoa Limited.
This article discusses an underwritten topic: the transition from in-house to law firm. For those considering the move, there’s a lot to keep in mind, including how to choose the right firm and how to develop a business plan that highlights your abilities. There are no hard and fast rules — every experience is different. Learn from several of your peers.
When it comes to compliance matters, in-house legal departments and law firms most often interact over risk assessments and investigations. Learn how to best use external counsel, protect your company and contain costs.
Bruce Kuhlik, executive vice president and general counsel of Merck, explains what it takes to get a corporate pro bono program off the ground and to maintain people's commitment to it.
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?
The purpose of a workplace investigation is to fairly and objectively determine the facts. Increasingly, courts and tribunals are scrutinizing not just whether an investigation was undertaken but how it was undertaken with a focus on ensuring that workplace investigations are conducted in a fair and impartial manner in line with the organizational and legislative procedural guidelines.
Large companies with employees located across the country need to consider the dangers of “one- size-fits-all” covenants.
This is a request for proposals from associations to provide outside counsel services on a broad range of areas of the law.
A collection of resources providing guidance to attorneys on how to deal with high-profile situations, including high profile litigation and a "roadmap" for in-house counsel in a crisis.
ACC author and member Rich Cohen discusses how in-house counsel can refocus their energy and efforts at the midpoint of their careers, to provide the best opportunity for a successful finish. In this Top Ten, Rich discusses how every career needs a periodic re-evaluation of things to do to ensure success, but the definition of success can change mid-career. Doing the same things in the same way will not get you any different result. It is never too late to change your career trajectory.
These are the top 10 considerations for financial institutions when outsourcing master trading documentation processes.
The main purposes of the energy reform are, (i) to increase the investment and employment opportunities in the Energy industry; (ii) to strengthen PEMEX and the Federal Electricity Commission (CFE); and (iii) to strengthen the authority of the Mexican State as the owner of the Mexican petroleum and gas, and as the regulatory entity of the petroleum industry in Mexico.
Is your company in compliance with import and export laws? Do you have sufficient controls to manage this risk area? This session will cover: a general overview of import and export laws with a focus on US requirements but also a discussion of the proliferation of laws outside the US (e.g., the Malaysian Strategic Trade Act); how to manage a global trade compliance program; and a discussion of specific trade compliance challenges. Most companies think AML and KYC laws are limited to financial industry companies, considering the recent enforcement action against HSBC, but in fact, this presents a compliance issue for all companies to some degree. And these are not just US laws — there are similar restrictions in other jurisdictions, especially Europe.
This guide sets out the salient rules and regulations for agreeing and enforcing employment non-competition clauses in each jurisdiction.
Show results exclusively from the ACC Resource Library with customizable filters