While in-house legal departments pride themselves on not being like law firms, there are things that corporate counsel can learn from them, especially those representing the plaintiff. Find out how DuPont's legal team's defense strategies could work at your company.
What's going on in US public company mergers and acquisitions? Read all about the latest developments in contingent value rights, highlighted through recent pivotal transactions.
As corporations continue to focus on cost reduction and increased efficiency, a second wave of strategic initiatives has brought value back into the limelight. Legal departments and firms should work together to implement new practices that are mutually beneficial. You have two choices: Ride the wave or wait for it to crash down on top of you.
Those who have ascended to the top of the in-house profession are not "lucky," rather they have made their own luck through self-awareness, development plans, branding, and clear objective-setting. Set yourself up to succeed by investing in yourself and taking smart risks.
How much oversight in-house counsel should exercise in connection with document preservation and collection in ediscovery is a delicate balance of push and pull. Should you allow executives and employees to decide what is relevant and have them push the data for production? Or should your team pull the data and then review for relevancy? This article considers leading court cases in order to provide some suggestions for how you can best supervise the ediscovery process.
The FCPA and other anti-corruption laws in the United States have international businesses paying close attention to creating and maintaining effective compliance programs. Failure to do so can bring long, invasive investigations and fines and penalties topping $100 million. There’s no cookie-cutter method to success at preventing, detecting and remediating violations since companies, markets and relationships differ. Some basic fundamentals can help limit the risks of running afoul of the law.
Bringing a drug to market requires an extraordinary investment. In-house counsel at biotech and pharmaceutical companies routinely face the challenge of developing an IP strategy that maximizes an investment’s return. This is especially difficult when the market for approval of a drug is relatively small. This article provides an overview of the regulatory frameworks for orphan drugs in the United States and other developed and emerging markets.
Drafting and negotiating purchasing agreements can be a daunting endeavor. Hopefully, you’re usually involved in the process from the beginning, but that may be wishful thinking. You need to make sure you’re up-to-date on the commercial and legal implications of common terms and conditions. Ask the right questions early on to avoid asking for an aspirin later.
By understanding the 10 practical steps to take before, during, and after your next calamity, in-house counsel can be better prepared to seize the moment and overcome any scenario.
A former employee is suing your company for improper termination. As in-house counsel you meticulously plan your company’s defense,including a detailed checklist of all discovery requests. But it all turns upside down when you discover that the IT department purged crucial emails and documents from the plaintiff in keeping with the company’s document retention policy. What now?
This is a sample End User License and Services Agreement used in connection with equipment.
In this article, various Hong Kong government initiatives and economic relief packages are explained. This resource was produced April 23, 2020.
This article is a review of anti-trust in Asia-Pacific.
This report comes at a time when many employers are unclear about their obligations under the Americans with Disabilities Act (ADA). In particular, companies struggle to understand when a leave of absence is a necessary and reasonable accommodation vs. when other actions can or should be taken.
This paper synthesizes the existing guidance from the U.S. Equal Employment Opportunity Commission (EEOC) and case law on leave as an accommodation, to provide insights, direction, and best practice suggestions for managing ADA leave of absence obligations.
ACC is pleased to encourage student scholarship by publishing this paper, authored by Sam Krause, a student in the Georgetown University Law Center course, In-House Counsel: Law and Practice, taught by former ACC CEO Fred Krebs and Russell Stevenson. Congratulations to Sam Krause on writing a very informative paper.
Panelists are expected to address a number of patent prosecution issues that in-house counsel continue to struggle with, either when dealing with their own outside patent counsel or addressing these issues directly on their own. These issues include: strategies for filing a U.S.-based application or Patent Cooperation Treaty at the outset; proper claim construction; nuances for filing under the AIA and any changes they have seen in prosecution under the America Invents Act; and practical tips for foreign filing strategies, etc. Exercises in claim construction and foreign filing considerations (e.g., a road map to key countries, and why or why not a company should seek protection outside the United States in Europe, Asia, South America) are expected.
This program will focus on a series of case studies involving in-house lawyers who got into trouble for (allegedly or actually) violating legal ethics rules, acting improperly in response to government investigations, and assisting their employers in perpetrating fraudulent or criminal acts. We will review the case studies, discuss what the lawyers involved could have done to avoid trouble, and tease out steps that you and your law department can take to protect yourselves from the potential pitfalls highlighted by the case studies.
This Top Ten article presents key steps that all companies should consider taking when served with a lawsuit.
This article outlines the margin requirements for non-cleared derivatives regarding the United States, the European Union and Hong Kong.
This article outlines the issues that are likely to define the 2016 proxy season based on trends from the 2015 proxy season.
This article discusses domestic arbitration in Switzerland as it was governed by cantonal law, notably by the inter-cantonal Concordat on Arbitration of 27 March 1969 (the Concordat) which had been gradually ratified and implemented by all 26 cantons.
This checklist is for the health law industry members to evaluate HIPPA security compliance effectiveness.
This article provides basic information only and cannot be treated as an exhaustive overview of any specific legal or business issue.
What strategies and resources are needed for developing a legal department? What do you do first to set up a legal function? How do you get a seat at the table and stay there? How do you communicate with management? How do you get your piece of the budget pie and how do you control your costs? What tools/resources do you need? Where can you go for help? Learn practical strategies and pointers from this panel of legal experts who focus on how to build and maintain a legal department.
This is a sample information technology data classification and handling policy.
Discusses the differences in customs procedures throughout the European Union and provides important tips for any company interested in the EU market.
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 Australia.
Government contractors have been increasingly met with scrutiny, particularly since ex- government officials often go to work in that sector. Several legislative and regulatory initiatives have been implemented in order to prevent conflicts of interest on the part of government contractors. Given the current climate, it is more important than ever for those seeking a bid to identify, address and mitigate these “conflict of interest” issues.
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