Protecting IP: Top tips for in-house lawyers - presentation held in Melbourne 14 February 2018.

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.

This Wisdom of the Crowd addresses policies regarding the use of Open Source Software. Includes guidance on managing open source software use and open source software audits.

Are you thinking about bypassing the expensive privilege log by getting the other sie to agree to a clawback or a "quick peak?" Before you make any agreements, make sure you know about the risks!

For a corporation facing the cross-border discovery challenge of collecting information from its foreign offices, there is no easy solution. This article offers some tips: Technology- assisted review and digital rights management technology can facilitate negotiations with local data protection authorities.

Many in-house practitioners work in multi-national corporations. Oftentimes, their assigned business units operate across national boundaries, with legal advice delivered to business heads/executives in various parts of the world. Many jurisdictions do not recognize the attorney-client privilege, making legal advice rendered subject to disclosure/discovery. Our panel will explore the basis for the attorney-client privilege, where it does/does not exist, and how to intermarry the lack of attorney-client privilege with the way a practitioner delivers advice of counsel in an international business environment and manages litigation/discovery issues that arise.

This issue discusses nondisclosure agreements, the effectiveness of nondisclosure agreements under Belgium law, and food packaging and labeling.

The purpose of this plan is to provide a comprehensive Disaster Recovery-Business Continuity Plan (DRBC) for a company to minimize any impact upon continuity of services to customers or employees in the event of a “major business productivity breach.”

“It takes a different mentality to be a successful in-house lawyer than to be a private practice lawyer,” says Adam Walters, assistant general counsel, Asia Pacific for First Solar Inc. It also means being on call 24 hours a day, seven days a week. “The idea that you go in-house to get a cushy job with great work-life balance is not something I have experienced.”

This article discusses knowledge management from the perspective of a lawyer in a large international company, the information is applicable to other companies and law firms of any size.

Arbitration has a long history in the Kingdom of Saudi Arabia. It has been used for centuries under Shari’ah law in the Kingdom. However, foreign investors in recent years have experienced difficulty in using arbitration in the country. Saudi Arabia has therefore enacted a new arbitration law that is an improvement over the thirty-year old arbitration law that it replaced. The new arbitration law is based on the UNCITRAL Model Law on International Commercial Arbitration but with modifications to ensure that the arbitration process does not ‘violate Shari’ah’ as practiced in the Kingdom. The article reviews the important components of the new arbitration law and provides a comparative analysis of it to the previous law and international arbitration practice. It also analyses the recognition and enforcement of international arbitration awards in Saudi courts, including the impact of Shari’ah and the new arbitration and enforcement laws. Finally, it provides a narrative on the Saudi court system and its role in arbitration.

Guidance on Ontario's extra-provincial registration, the license needed to do business in Ontario if a company is incorporated outside the province.

This article deals with recent dubious marks versus the prohibition of scandalous trade marks under the Trade Marks Act.

United States

Mobile devices are now key features of both personal and on-the-job life. Given their proliferation, it’s natural for employees to want to use the same ones both privately and professionally. In the first part of this session, technology experts will provide an overview of the key technology and security risks associated with mobile computing that will enable you to have an informed discussion with your CIO about current issues with Bring your own device (BYOD) for use at work and Corporate-owned, personally enabled (COPE) devices that the employee can take home programs. In the second part of the session, our panel will discuss some of the best practices around policies, procedures and training when implementing a BYOD or COPE program. The panel will also touch on the legal implications of such programs with respect to your employees and your regulatory obligations and litigation concerns.

This InfoPAK (now known as ACC Guides) provides a high level overview of the lending mark, forms of security over assets, special purpose vehicles in secured lending, quasi-security, negative pledge, guarantees and loan agreements in the United Arab Emirates.

How do you show your law department’s value and justify that it is spending efficiently? As businesses come under increasing pressure, in-house counsel must develop optimal procurement practices, measurable process improvements, and cost-saving tactics that improve return-on-investment.