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.
ACC Repsonse to White Paper of the Committee of Experts on a Data Protection Framework for India
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.
With or without a compliance and ethics program, many organizations find themselves sweating under the scrutiny of the United States Sentencing Guidelines (USSG). Whom do you trust to conduct an effective internal investigation? Keeping it in-house can sometimes do more harm than good. Understand how the USSG scores different offenses and what steps to take to avoid serious repercussions.
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.
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.
This article addresses the Fraud Section of the Department of Justice's issuance of a Foreign Corrupt Practices Act Enforcement Plan and Guidance in 2016 that includes a one-year pilot program to formally incentivize corporations to self-disclose potential FCPA issues, fully cooperate with DOJ in the investigation of those issues, and remediate any corruption issues identified in an internal investigation in the United States.
This guide provides an overview of the legal framework for food safety in China.
This is a sample mutual confidential disclosure agreement.
This is a sample workplace violence policy.
As the role of legal operations has gained recognition for its organizational impact, a structured framework for career development is still lacking.
This resource sections sets forth a career development framework. It also includes references to supporting material for additional learning and development.
This briefing is the first in a series that will look at legal aspects of the Solvency II regime and their implications for firms. It considers the legal framework of Solvency II, how near each element of the framework is to completion and what needs to happen next, how Omnibus II has changed the previously published regime, the transitional relief that firms can expect to get from 1 January 2016, and how Solvency II will be applied to insurers and reinsurers in the UK.
A summary of developments in class actions, including securities class actions, employment actions, and snapshots of other types of cases.
Read how Textron’s law department became a team by abandoning business-as-usual and implementing a Six Sigma program. After a series of Six Sigma-delivered revelations, Textron counsel redefined their priorities and saw a 20 percent raise in customer satisfaction in just one year. Explore this case study and apply your own Six Sigma program.
This InfoPAK (now known as ACC Guides) provides a memorandum of understanding relating to a two-party proposed 50:50 international joint venture, where both parties intend to contribute existing businesses to a newly formed joint venture company, applied to a global context.
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.
In the wake of the Supreme Court's decision in January, federal sentencing guidelines became discretionary. So, are you and your company off the hook? The short answer: You and your company still have to satisfy the guidelines' requirements, or risk being mauled in court by federal prosecutors and judges. Read why and how not to be a victim.
Canadian M&A activity was moderate in 2013. The weakened natural resources sector, which had helped Canada outperform other economies through the recession, contributed to an overall drop in M&A levels as the total number and aggregate value of Canadian deals, and Canada’s share of global M&A, decreased. However, powered by a strong domestic economy, Canadian companies’ outbound M&A strengthened relative to inbound acquisitions and the U.S. was again by far the most popular target country. Against that backdrop, we answer some frequently asked questions on Canadian M&A and discuss the trends that Blakes sees unfolding in 2014.
The overall costs and burdens of ediscovery for any company can be hefty to say the least. When companies "de-duplicate" only within the records of individual custodians, they often end up paying lawyers twice to review the same document from multiple custodians. This adds significant cost for the company and frequently raises serious ethical issues.
This is a sample channel license agreement.
Armed with recent amendments to the statute that initially targeted contractors, the government has also recouped millions of dollars using the False Claims Act to battle healthcare fraud. But just what does that have to do with your company and its employees?
Today, more cases are going to trial for shorter durations. In such a scenario, lawyers must present information to jurors in a concise, streamlined manner; in essence, they must become masters of the short story. This article explores the benefits of compressed trials and offers practitioners insight into how they can tailor their strategies to ensure a positive outcome for their clients.
This InfoPAK (now known as ACC Guides) provides a practical guide to a Q&A that gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities in the United Arab Emirates.
This is a California form of Promissory Note drafted to be secured by a Deed of Trust.
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