Moving legal work in-house, which fuels the need for confidentiality, has increased the use of anti-competitive covenants and, consequently, litigation related to them. It is still unsettled whether the courts will judge non-compete agreements to be uniformly unenforceable when applied to in-house counsel.
A recent change in federal law enforcement policy governing federal criminal investigations of corporate crime has corporations and their lawyers wondering whether it will effect a real difference in practice. The question that remains to be answered is whether the practice of demanding waivers of privilege and pressuring companies not to advance attorneys' fees to employees has become so entrench in white-collar practice that, in order to curry favor with prosecutors, corporations will "willingly" offer them without a request.
This is a sample hotel group sales and event agreement.
Lawyers working in law firms and in corporate law departments reported several personal challenges to developing their careers during the pandemic. One year after the start of the pandemic, the biggest barrier to career progression for lawyers continued to be limited to no in-person contact. Read this important article to learn more about the professional impact of the pandemic.
This resource presents the leading practices of legal departments that leverage dedicated legal operations staff to manage the business aspects of Legal. Through profiles of 11 legal departments, it conveys who leads the legal operations function, relationships between general counsel and their legal operations leaders, reasons for the legal operations function, how it functions, its scope and impacts.
This is a sample form of guarantee agreement among a borrower, a lender and an administrative agent.
Environmental risks and liabilities, which can be substantial, are a part of most commercial and real estate transactions involving in-house counsel. Parties to a transaction must identify, evaluate and allocate those risks and liabilities in order to protect their interests; and the parties—sellers, purchasers, lenders and insurance companies—have diverse perspectives and methods for managing environmental risks. Learn the sources of environmental liabilities, including federal and state statutes, implementing regulations, local ordinances and rules and common law. Then discover contractual provisions for allocating or limiting environmental risks, including definitions, representations and warranties, covenants and conditions precedent, indemnities, releases and other contractual mechanisms to allocate or limit such risks. Speakers also will reveal non-contractual ways to allocate or limit environmental risks, including deed restrictions and environmental insurance.
This resource provides an overview on the recently passed legislation by the Financial Services Royal Commission. The specific legislation is the Financial Sector Reform (Hayne Royal Commission Response) Bill 2020. In particular, this summary examines the differences between this Bill and previous legislation and how it affects insurers.
Simple tools to align with the business and manage workflows across multiple internal and external resources.
This Leading Practices Profile, The Role of General Counsel in the Middle East, features the law department leading practices for three entities navigating the many challenges of meeting the regulatory and cultural standards placed on global corporations.
Learn how to structure your compliance program based on recent actions by the US Department of Justice (DOJ), the US Securities and Exchange Commission (SEC) and other regulators. A panel of experts will discuss recent deferred prosecution agreements and non-prosecution agreements; how corporate integrity agreements and declinations provide a wealth of information and direction; and how these agreements provide insight into the expectations of the DOJ, SEC and other regulators. Panelists will dissect the most recent agreements and discuss key takeaways for compliance programs.
When government action or public controversy affects corporate practice, commercial speakers must be wary of exposure to massive civil penalty suits. Even when speaking honestly and in the best interest of the public, accusations of deceptive and misleading conduct may surface. This article presents three tips to keep in mind, before you’re punished for speaking your mind.
New technological advances, especially Advanced Text Analytics, are changing the productivity paradigm for lawyers who have to read enormous volumes of electronic documents to identify potential evidence.
By learning how to effectively manage third party subpoenas, in-house counsel can avoid the undue burden of fighting someone else’s legal battle.
By implementing a thorough internal review process, in-house counsel can ensure that a company’s hiring policies recruit qualified and trustworthy employees.
To succeed, multinational employers entering into and doing business in China must sharpen their employment-related business strategies to leverage opportunities and mitigate risk. We examine six common labor and employment traps and how to avoid them.
Today’s heightened regulatory environment coincides with an exponential growth in data, creating new challenges for corporations operating in the international marketplace. Multinational corporations must employ innovative strategies that capitalize on expanding data. Learn how to leverage fact development organizations so that information gathered is lasting and useful.
Much like in Shakespearean plays, a government-driven investigation into company compliance can end as either a comedy or as a tragedy. To ensure the former, in-house counsel should work collaboratively with outside counsel to plan, establish, and execute an effective response plan. In doing so, the company can guarantee a positive relationship with federal regulators and avoid meeting a tragic Shakespearean demise.
The role of in-house counsel in India is evolving rapidly, and the influence of legal over other departments is also growing. Indian corporate counsel must prepare themselves for compliance in multiple jurisdictions and be aware of the legal and ethical environs of the countries in which they are doing business.
Creating and implementing a compliance program can seem like a looming prospect for any small legal department. However, don’t get intimidated by the process. By following the “10 Hallmarks for a Successful Compliance Program,” in-house counsel can implement a system that effectively safeguards against compliance risk, without breaking the budget in the process.
Contract boilerplate - choice-of-law, forum selection, integration, severability and survival clauses - are standard and necessary provisions in employment agreements. These clauses are so common that they're often recycled from one agreement to the next - sometimes with just a few keyboard clicks. But beware: Dangers may be lurking in these commonly used provisions.
This is a sample master services agreement between a company and supplier.
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