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.
Legal departments of the small-to-medium size company face daily contract negotiation challenges in their business relationships with large and dominant customers, often having to agree to: no limitations on liability; open-ended indemnifications for a broad range of activities; compliance with onerous and expensive codes of conduct and corporate social responsibility programs; audit provisions; annual reductions in costs; etc. This leaves little room for negotiation or potential loss of business. Attend this session and learn how to face and negotiate these demands.
This article deals with employment practices in Australia which are heavily affected by statutory provisions, tax, superannuation as well as market forces.
the Government of Kenya has planned to spend an estimated sum of USD 60 Billion to put up infrastructure whilst relying heavily on PPP arrangements to achieve that goal.
This article will list 7 things you should know about arbitration.
In his latest Tech Toolbox column, Gregory Stern warns of the vulnerabilities of data drives, whether they're physical or cloud-based.
The easiest way to terminate an employment contract is by mutual consent. The arrangements made will then be laid down in a settlement agreement. What do you have to consider with regard to such an agreement?
The purpose of this brief note is to help market participants make contingency plans where the political crisis involving Ukraine results in sanctions and embargoes, exchange controls, expropriations and the break up of Ukraine. It focuses in particular on the legal impact these events might have on financial contracts, such as bond issues, bank loan agreements, deposits and investments. It does not deal with wider political and economic consequences, such as the impact on a country’s economy and its banking system.
By broadening the power of appeal granted to both parties, in-house counsel can make arbitration more appealing for those wanting to avoid the courtroom.
This Quick Reference lists 10 things employers should know in light of the Zika outbreak and the federal response to it.
Sample Sales Agent Agreement between a company and a sales agent, setting out the limits of an agent's authority and its responsibilities with regard to company policies. The sample includes sample terms of resale/distribution, and a sample disclosure statement by the sales agent.
What legislation is applicable to insolvencies and reorganisations? What criteria are applied in your country to determine if a debtor is insolvent?
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.
There are countless articles outlining the best ways to evaluate outside counsel. Many of them leave out an important factor: the personalities of the lawyers and companies they represent. This article addresses the role of personality in outside counsel selection.
When faced with rapid-fire questions, a<br />company witness can fold. Deposing an<br />inexperienced witness who does not know<br />how to handle aggressive questioning by a veteran lawyer can spell disaster for your defense. Learn the key features of a corporate witness-succession plan.
In order to better understand the businesses in which they work, in-house lawyers often procure a MBA, either in conjunction with their law degrees, or later, while practicing law. In this article, three JD/MBA lawyers who serve on the ACC Chicago Chapter Board of Directors share their thoughts about the value of a MBA.
Discover for-profit vs. nonprofit considerations, who the different stakeholders are, what risks (to share prices vs. fundraising, goodwill) arise when crisis strikes, and gain tips and experience from the field.
Litigation is inevitable for many businesses. For small- to medium-sized companies without a litigation department, the small legal team must strategize how to proceed with or without outside help or running into conflict of interest.
This article addresses whether a creditor in The Netherlands may claim both, the contractual penalty and the statutory (commercial) interest.
This brief article discusses why companies are required to lay down activities with their sole shareholder in writing, otherwise the sole shareholder risks that agreements concluded with the company can later be successfully annulled (mostly by the trustee in a bankruptcy).
This short article uses a fact pattern to explore which party (lessor or lessee) is responsible under Dutch law for repairing commercial real estate that has been damaged, possibly as a consequence of activities by a contractor brought in by the lessee. Who has to repair the damage, the lessor or the lessee?
ACC's Southern California Chapter sent a letter to California Assemblyman Harmon in support of Assembly Bill 1133, which he is sponsoring in the California legislature that would clearly codify that inadvertant disclosure of an attorney-client privileged confidence does not waive the privilege. ACCA-So-Cal's letter argues that while the majority of California courts have interpreted the existing law of the state to mean that only an intentional disclosure results in the loss of protection, ambiguities in the language of California Evidence Code § 912 leave open the possibility that protection may be lost through inadvertent disclosure. Potential loss of confidentiality through inadvertent disclosure is an increasing problem as accidental disclosures become more common through the use of electronic communication such as voicemail and e-mail. For example, a person could easily click the wrong button and accidentally send an e-mail to the wrong recipient. For in-house counsel, eroding the privilege's protections by allowing inadvertent disclosures to constitute waiver will only serve to stifle otherwise appropriate communications that are critical in assuring the solicitation and provision of proper legal advice and accurate public disclosures.
Many companies work with on-call employees. This arrangement can benefit both employer and employee due to its flexible model. In the Netherlands, there are a variety of contracts that define the type of on-call employee working at a company. Learn more about their work structure and obligations.
A young lawyer drops a file on your desk: "We got him cold," he says. "Here are his emails to his lawyer—I bet he has admitted the sexual harassment in some emails to his attorney and once we read them, we can nail him good." But should you open and read them? Something makes you uneasy about reading those emails. Are you right to worry? Yes. While there are cases which would support your claim that the executive waived the attorney-client privilege by using company computers, especially in light of your company policy prohibiting using computers for personal use, the law in this area is neither mature nor settled. Proceed, as they say, at your peril.
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.
Overview of the types of playbooks you can create for better contract management and how this relates to Contract Lifecycle Management.
Typical intake sample that can be customized for your organizational and legal department requirements.
This publication provides insights into trends in SEC staff comment letters issued during the year ended 30 June 2015 in the United States.
It has been two years since inter partes review (IPR) went into effect. Now, patent challengers finally have a viable option for review of a patent without downsides like expensive discovery practices and the requirement of standing.
Show results exclusively from the ACC Resource Library with customizable filters