Rulings on attorney-client privilege and the work product doctrine occur daily in the federal and state courts. New law is continually being made on the scope of these protections for companies and their counsel in areas like internal investigations, the legal vs. business advice distinction, the crime-fraud and fiduciary exceptions, subject-matter and at issue waiver, the common interest and joint client exceptions, global privilege issues and intra-law firm privilege. In a Jeopardy! format, this interactive presentation will examine the latest developments in privilege law as well as the professional ethics rules governing confidentiality (i.e., ABA Model Rules 1.6 and 1.13) — including cases in which ACC has weighed in as amicus — and recommend best practices to preserve the attorney-client privilege and the confidentiality of work product.
"the "Getting the Deal Through" reference guide for M&A professionals"
"the "Getting the Deal Through" reference guide for M&A professionals"
Lists warning signs of financial mismanagement and/or fraud. These attributes were found in companies' operations and activities who are alleged to have engaged in financial mismanagement and/or fraud. Also, lists ways in-house counsel are well situated to address important aspects of many accounting matters and what they can do.
This article discusses how and when to use special committees in corporate governance matters and offers practical tips for dealing with the issues facing special committees, especially in interested fiduciary transactions.
A brief addressing a fundamental question related to the operation of the attorney-client privilege in the corporate context.
This publication provides insights into trends in SEC staff comment letters issued during the year ended 30 June 2015 in the United States.
The employment relationship is a complex, rapidly changing area of the law. This survey program will cover the basics such as investigating internal complaints, responding to government investigations, addressing ADA and accommodation issues, managing overtime pay and FLSA classification compliance, handling leave issues, and avoiding retaliation claims. The course will also cover emerging issues such as social media, diversity programs, genetic information discrimination, and class action waivers.
The new millennium has ushered in an era of lighting fast communication and commerce. As in-house counsel work to protect their most valuable asset - their company's intellectual property - there are new elements to consider when thwarting competitors' ability to use your top-secret information to their advantage. Are restrictive covenants the solution?
Before shredding that belligerent letter, make sure you won’t be destroying your chance to avoid a lawsuit. The Consumer Legal Remedies Act (CLRA) requires consumers who seek to recover damages to send a written demand and wait 30 days before initiating action. Defend yourself preemptively by knowing how to identifying demand letters and understanding the CLRA.
As hiring outside contractors becomes a more popular alternative to onsite employment, worksite losses because of contractor incompetence have risen substantially. Does your company carry its contractor’s liability? Before disaster strikes, learn which contractual provisions and preventative measures serve to better protect your client’s interests.
This is an Outside Counsel Master Services Agreement.
This InfoPAK (now known as ACC Guides) provides a high level overview of the domestic mining sector, its regulatory structure and ownership, the environment and health and safety. It covers foreign ownership and tax issues ans proposals for reform in India.
Derivatives, or contracts based on the value of something else, have been receiving a lot of publicity, particularly with regard to their alleged abuse. This article sheds light on the many uses of derivatives, including their role in risk management. Learn more about derivatives, including how new regulation has affected their function.
Negotiating a contract is a hybrid legal and business function that is often performed by business people with no formal legal education. During contract negotiations, different rules and obligations apply to a lawyer depending on whether the party on the other side of the table is represented by counsel. Learn about these rules so as not to be caught on the wrong end of a deal.
Without complicated stimulus bills or other governmental prodding of their economies, China and India stand to become the collective antithesis of American recession. How will their free markets play a part in the rebuilding of global finance? Readers of this article will better understand the present and predicted standings of these potential powerhouses.
In the midst of a regulatory environment in which executives face personal liability for corporate wrongdoing, some business strategists advocate a new theoretical roadmap for the legal department to assess and manage risk.
A few warning signs that you are not delegating effectively: work piles up on your desk; you can’t go on vacation, or if you do, you are glued to your laptop and email; and your staff is not showing initiative or good judgement. While most in-house counsel understand the costs of delegation, they greatly underestimate the benefits of delegation. This article offers tips on how to delegate effectively.
Something is clearly broken in big law. Despite the business imperative for diversity, law firms that corporations retain for significant issues just aren’t meeting the need to increase the number of diverse attorneys.
Although quite common in the United States, background checks pose a number of complex legal and social issues for international entities. Data privacy laws vary widely from country to country, and understanding local custom and practice is critical to building an international check program. Find out how to conduct background checks legally and effectively while using the results to make employment decisions.
Read this 2012 Gold Circle Award-winning and Communicator Award-winning article!
Fast-growth tech start-ups are the new “Wild West” of the corporate world. Not only did they survive the recent economic collapse, but many of them experienced record profits. These are exciting times for general counsel looking for a new legal leadership role. Learn what to expect and how to succeed, because these new frontiers aren’t for the weak of heart.
In the modern digital age, the possibility of a data breach is an imminent threat to a company’s cybersecurity. To combat this, in-house counsel must help inform and engage the board regarding the most effective data protection practices to mitigate risk. By preparing for the inevitability of a data breach, in-house counsel can work symbiotically with the board to make sure that their company is organized and well protected.
While the United States has been a pioneer in environmental protection laws since the Nixon era, one piece of legislation — known as the 1976 Toxic Substances Control Act (TSCA) — has notoriously failed to serve its purpose. In an attempt to catch up to regulation advancements in the European Union, US state and federal governments have attempted to fill the gap created by TSCA by implementing more effective legislation.
Recent legislation has raised the bar on the criteria required to seal documents. Here’s what to expect.
Recent global regulatory changes have resulted in sanctions and litigation arising from violations of individuals’ data privacy rights due to mishandlings of data requests. Apart from the standard data privacy control of one’s organizational data, similar data privacy processes and considerations should be applied when responding to data requests.
Report addressing multi-jurisdictional practice issues such as reciprocal admission and pro hac vice rules.
The Purpose of this Agreement is to set forth the rights and obligations of the Parties with respect to the exchange, protection, and disclosure of Proprietary Information, as defined in paragraph 5 of this Agreement, which may be disclosed by one Party to the other in their meetings, discussions, and/or submittals concerning the Business Purpose.
The Covid-19 health crisis has affected the way businesses operate around the world. In this article, in-house counsel can learn more about the impact to Australian and New Zealand foreign investments, commercial real estate and subsidies for employees. This resource was published by Meritas in April 2020.
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