In the July issue of the ACC Observer, David Cambria shared his unique and broad perspective on legal operations' current trajectory. This column focuses on Cambria's career experience, which makes his insights worth contemplating.
Review various types of business insurance including D&O, E&O and special lines of coverage. Learn to understand standard policy clauses, insurers' interpretation of those clauses and practical steps you can take to maximize your company's insurance recoveries.
This case addresses important questions concerning the scope of the attorney-client privilege in the corporate context and the applicability of the work-product doctrine in proceedings to enforce tax summonses.
A sample Working Document setting up a table with the elements and principles to be found in Binding Corporate Rules.
In order to defray the rising cost of ediscovery, corporate legal teams are bringing the practice in-house. There are many ways to develop good, cost- effective ediscovery processes that are also transparent and defensible. This article discusses the five key pillars that frame successful initiatives.
He won the European championship of American football as a strong safety ... two times. For several years, he was a constant envoy to North Korea. More recently, he offered assistance to the Japanese after the Fukushima nuclear disaster and facilitated the destruction of chemical weapons in Syria during a vicious civil war. Karim Hammoud, senior legal officer of the Organisation for the Prohibition of Chemical Weapons, is a lawyer on a macro level.
Laure Deron moved to her current company, Veolia China, in 2011, where she works on the energy, waste and water businesses. She likes the trend of environmental consciousness she sees. “I came back not just to build a factory, but to also operate a factory in a way that it doesn’t damage the rest of the continent,” she says.
Your initial reaction to the offer of an international assignment will probably be excitement — and understandably so. This is a once-in-a-lifetime opportunity through which you can expand your knowledge, experience and personal value. However, take a minute to think about the logistics — personally and professionally — before you book your flight.
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.
This article covers Governor Newsom's commitment to signing into law two bills that would require certain companies that do business in California to disclose their GHG emissions and climate-related financial risks.
We have recently witnessed a tide of competition cases examining discrete exchanges of information. This article sets out how you can ensure your company avoids falling foul of the competition rules on exchanging information in its dealings with competitors and other market players.
This InfoPAK examines the concept of organizational effectiveness and how corporate counsel can use its principles to effectively develop an international, “world-class” legal department. The InfoPAK focuses primarily on “soft” organizational development issues, including those relating to development of a shared vision and organizational culture for the legal department, and development of the people who make up the department. The InfoPAK begins with a discussion of the important foundational step of aligning the legal department’s priorities with the organization’s business strategy and developing a corresponding shared vision for the department. Discussions of successful management of client relationships and internal departmental issues including leadership issues and team management follow. Because change is the one constant in today’s legal department, the InfoPAK also discusses change management and creating a “one team” culture. Finally, it discusses metrics and measurement tools for managing organizational development.
This Leading Practices Profile continues the series of ACC Leading Practices Profiles examining the role of law department leaders and in-house counsel in managing the legal affairs of companies doing business abroad.
This resource provides an overview of the important issues involved in the leasing of commercial real estate projects, including the transferring of taxes payable on creation or assignment of a lease, legal restrictions limiting the maximum term of a lease, and restrictions on the transfer of ownership of real properties subject to a lease.
The articles in this Out In Front include: Going Global: Developing Lawyers from Developing Countries Shoveling Smoke, Retreating Forward: 10 Steps for a Successful Offsite, The Biz: Juris Doctor Strangelove, Business Ethics: Hey Bub! Listen Up!, and The Contractual Cogitator: Immortal Warranty Sustains Boring Machine Case.
Amicus Brief ISO Texas Windstorm 10.11.18
ACC Amicus Brief - Crimson Trace v. Davis Wright Tremaine LLP
This is a sample sales agreement between a hotel and group.
"the "Getting the Deal Through" reference guide for M&A professionals"
A lack of understanding about your company's data management system can land you in hot water. There are ways to improve communication between in-house lawyers and the information technology group before and after receipt of document requests. Prepare your organization so when you respond to an electronic data request, you can avoid potential pitfalls.
This is a sample employment agreement where the company is from Delaware and the executive is from California.
This paper continues to focus on Europe, which has long viewed the privacy of personal information and data as a fundamental right.
ACC Guide to Process Improvement
This article discusses the duties of a board member and how to limit civil liability for breach of these duties. In addition, this document analyzes the business judgment rule, as well as key cases.
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.
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.
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.
While many corporate legal departments have been increasing costs every year, DuPont Legal has been moving toward a zero expense legal department. There is nothing unique about DuPont’s business model that allows its legal department
to achieve cost neutrality. Outlined in this article are some key tools any corporate counsel can use in order to operate a legal department that is more than just a “cost of doing business” in the United States.
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