This article highlights significant considerations for boards operating in today’s volatile business climate: Corporate governance has become more of a shared responsibility than ever before; directors should adopt a proactive stance and engage with management in candid, ongoing discussion about the company’s strategy; and directors have a responsibility to set the right tone at the top regarding long-term value creation.
Mitchell and the subsequent Court of Appeal decisions have proven highly controversial. Described as "unduly harsh" and leading to a "climate of fear", Lord Dyson's prediction that there will be more litigation to determine the exact boundaries of the decision have been realised. Much has already been written about the aftermath. The focus of this article is to look at where we are now. How exactly have the rules of the game changed?
This article is a four-part series in which Oracle Associate General Counsel Suchitra Narayen, QuisLex CEO Ram Vasudevan and consultant Rees Morrison discuss the opportunities and challenges facing a global legal department.
The purpose of this policy is to outline the guidelines on distribution and monitoring of Company-Issued Wireless Devices and proper use of all Wireless Devices in the workplace.
Legal knowledge isn't everything when you're in-house counsel. In this article, learn how the development of non-legal skills can really boost your career.
Legal departments of the small-to-medium size company face daily contract negotiation challenges in their business relationships with large and dominant customers, often having to agree to: no limitations on liability; open-ended indemnifications for a broad range of activities; compliance with onerous and expensive codes of conduct and corporate social responsibility programs; audit provisions; annual reductions in costs; etc. This leaves little room for negotiation or potential loss of business. Attend this session and learn how to face and negotiate these demands.
These guidelines detail the standard terms of engagement between Freescale and outside counsel. Section 1 addresses effective communication, including the company's expectation that counsel allow sufficient time to review and consider counsel's advice and work product prior to deadlines. The remaining Sections address handling confidential/proprietary information, budgets, staffing, retention authority, litigation planning, non-litigation planning, procedures for addressing potential conflicts of interest, media policy, professional fees, invoice timing and format, and policies on expenses.
While the threat of an impending “doomsday” virus may seem like an outlandish prospect, real-world examples like Swine Flu and Ebola raise the question: How would your company respond to such an event? Through an understanding of key employment regulations, in-house counsel can develop precautionary strategies to help mitigate the risk of the next global health crisis.
As global economies recover from the credit crisis, lack of available funding is crippling major infrastructure initiatives, and financial advisors are searching for new sources of credit to get their projects off the ground. The Province of Ontario, however, may have found a solution to the problem: a pooled financing vehicle. This article demonstrates the success of local governments using such a model to fund new infrastructure development.
In-house counsel risk losing attorney-client privilege because of technicalities existing in state registration rules. Gucci America, Inc. v. Guess?, Inc. illustrates this scenario — vaguely worded qualifications cost one company its counsel and one employee his career. read this article to learn how and why you might run the risk of losing your privilege.
A public company being created in a spin-off or carve-out transaction faces many of the issues that any newly public company must address, as well as some unique corporate governance challenges. Find out how the officers supporting the board
of directors can be proactive in shaping the company’s governance practices, to improve performance and ensure that its stakeholders will view the new company favorably.
Spoliation of evidence due to data dumping carries great risks and penalties; still, refusing to dispose of data altogether does not make good business sense. Companies that have failed to dispose of unnecessary data accumulated over the last decade drive up ediscovery costs and make litigation preparedness more cumbersome. The solution is not an all-or-nothing approach — learn how to implement a defensible disposal practice.
Legal teams are increasingly becoming responsible for data management. Like a spider’s web, every strand of data intertwines to support the business. At first glance the spider’s web may seem messy and chaotic, but there is order – each strand has a specific purpose. This article takes a close look at the information governance web and suggests ways to establish an effective, long-term information governance plan.
Read this 2012 Tabbie Award-winning and Communicator Award-winning article!
Although previous case rulings have sunk the high hopes of marijuana users, several states now extend employment protection for those with a prescription. However, marijuana is still considered illegal in any circumstance under federal law. Dazed and confused? This feature will lead you out of the haze.
A company’s board of directors has fiduciary duties, including a duty to oversee all aspects of the company’s risk management efforts. This article will focus on how in-house counsel can help educate and engage the board of directors with regard to data security.
This is a services agreement involving training.
Within the span of a few weeks, both the United States and the European Union instituted sweeping new changes to their trade secret laws. This effects a slew of complex legal issues for general counsel, from identifying misappropriation to protecting whistleblower's rights.
The advantages of an integrated legal and commercial approach are incomparable for any organization. Certain favorable conditions need to be in place to realize these advantages. Unless in-house counsel take a thoughtful, proactive approach, these conditions may be elusive.
It’s no secret — businesses with highly engaged employees generally have elevated productivity and better financial results. But employee needs and expectations change with the times, and that has never been more apparent than in today’s workplace.
This is a sample software license and support agreement.
A comprehensive management systems approach for security, preparedness, response, mitigation, business/operational continuity, and recovery for disruptive incidents resulting in an emergency, crisis, or disaster.
A summary of developments in class actions, including securities class actions, employment actions, and snapshots of other types of cases.
This is a sample lease agreement for the states of Texas and Delaware.
This is a sample landlord and tenant lease agreement.
This updated InfoPAK is designed to provide a summary of the law governing covenants not to compete in multiple countries. The InfoPAK will aid in the counseling and drafting of covenants and provide guidance regarding commonly-occurring contract issues, including factors courts consider when analyzing a covenant not to compete.
Every CLO needs to be on the lookout for financial mismanagement and corporate fraud. While you don't have to go back to school for an MBA, you do need to learn lessons from your peers' mistakes. Here, the author examines 10 red flags you need to be aware of.
This memorandum deals with the application of the Fair Labor Standards Act’s “Suffer or Permit” Standard in the Identification of Employees Who Are Misclassified as Independent Contractors.
This article describes the application of the Fair Labor Standards Act’s “Suffer or Permit” Standard in the identification of employees who are misclassified as Independent Contractors.
This article is a review of the public competition enforcement in Switzerland.
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