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.
A bumpy economy has turned litigation and government investigations into even hotter hot button issues. Increasing expenses are placing added pressure on counsel saddled with keeping costs down. How can you evaluate the impact of the economy on your law department? Read to find out!
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.
With growing environmental concerns affecting global companies, Chief Legal Officers (CLOs) are optimally placed to deal with these issues and direct that company to a more sustainable future. In this Quick Overview, CLOs and senior in-house counsel can learn tips and takeaways on how to prepare a more robust Environmental, Social, and Governance (ESG) program for their company.
This Wisdom of the Crowd, compiled from questions and responses posted on the Employment & Labor Forum, addresses methods to allow closed-door offices for attorneys in an open work environment.
This paper continues to focus on Europe, which has long viewed the privacy of personal information and data as a fundamental right.
When your company is involved in an M&A transaction, it is easy to focus on the typical labor issues that come about, like collective bargaining agreements, pensions,and the WARN Act. However, in-house counsel need to concern themselves with the impact that coemployment can have on the transaction, considering the fact that leased employees are not normally regarded as "employees" during the M&A process.
This article shows how to maximize protections of attorney-client privilege and work product doctrine in internal investigations and audits.
This is a sample guarantee agreement.
This is a sample guarantee agreement made by a Delaware limited liability company.
Covers mediation processes and the difference between mediation and arbitration.
This is a sample manufacturing services agreement between a company and buyer.
A sample letter regarding a proposal for a Phase I Environmental Site Assessment. Includes a request to provide a survey depicting the property boundaries prior to the site visit, any extended purchase and sale agreement that stipulates any specific requirements for environmental due diligence, and any conceptual plans for site development. Then provides the estimate for work to be performed at the above-referenced facility.
An agreement establishing security for a mortgage. Includes provisions regarding mortgage and secured obligations, assignment of rents, grant of security interest, covenants, defaults and remedies, release of lien, and other considerations.
In re: Caremark International Inc. Derivative Litigation marks an increasing tendency on the part of courts to require a higher level of director involvement in the business affairs of the corporation than has historically been the case. Kathryn A. Finerty, of Universal Foods Corporation, places Caremark in a historical context and examines its significance to in-house counsel advising directors on their duty of care.
This is a sample indemnification agreement under which a Virginia corporation agrees to indemnify "a person who is or was a director, officer, employee, agent or fiduciary of Corporation or of any other Enterprise that such person is or was serving at the express written request of Corporation."
This is a sample guarantee agreement made by guarantor in favor of purchaser.
In a post-Sarbanes-Oxley world, in-house counsel of public (and private) companies have reason to worry that the SEC might turn its attention to their clients. The SEC is funded to take action; its budget for enforcement has increased exponentially in recent years. What happens if your company becomes the subject of an SEC investigation? How do you respond appropriately? This article will set forth some practical steps in-house counsel should consider in the event that her company receives notice that it is under SEC scrutiny.
Provides guidance on the intricacies of how employers in Europe must work with trade unions and works councils, including the role that these labor organizations play in business enterprises in Europe, and includes methods by which companies doing business in Europe-or contemplating starting operations in Europe-can best work with the unions and works councils in order to reach their goals.
This is a sample mortgage, security agreement and financing statement.
ACC Comments on Proposed Amendments to FRPC
DRI amicus brief, Textron v. US
This is a sample development and license agreement.
This training course on the topic of "Third Party Business Partners: Risks and Solutions" will help you understand how engaging third parties creates risks for your company, and how to manage that risk.
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 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.
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