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Courts and administrative agencies, including the US National Labor Relations Board, are expanding the definition of “employer” to allow liability for employment obligations to cross corporate lines. Various legal theories, including joint employer, single employer, and alter-ego theories, are being used to treat nominally separate corporate entities as one employer for liability purposes. The result of this definitional expansion is that affiliated companies are being found liable for labor and employment law violations of subsidiary or sister companies, including violations of the Worker Adjustment and Retraining Notification, Employee Retirement Income Security Act, wage and hour, discrimination, and whistleblower laws, among others. Many corporate structure forms are put at risk, including holding and operating companies, parent-subsidiary relationships, private equity management-portfolio company relationships, general and limited partnerships, independent contractor relationships, and joint ventures. This session will address the factual and legal bases for disregarding corporate separateness in the labor and employment law setting and suggest practical strategies to minimize or avoid liability.

This ACC Guide provides an overview on trade secrets in the United States. It will explain the legal framework that in-house counsel can use to inform, protect, and provide guidance when dealing with trade secrets, intellectual property usage, and what you company might face in attempting to protect certain information.

The author reflects on the reasons in-house counsel have to be thankful.

This is a checklist when paying final sick leave.

ACC Amicus in Pacific V. Mayer Brown (PIMCO) filed 9/15/09

A sample contract between advertising agency and a company for the services of the advertising agency. Contract provides for the scope of services, compensation, method of payment, property rights to any product, and an arbitration clause.

This agreement arises out of an investigation by the Division of Enforcement ("Division") of the United States Securities and Exchange Commission ("Commission") into possible violations of the Foreign Corrupt Practices Act and books and records and internal controls provisions of the federal securities laws by Ralph Lauren Corporation ("Respondent") from approximately 2005 through 2009 ("Investigation").

A broad overview of EU data protection regulation, impact on business, application to cloud computing, and related contractual provisions.

This article addresses how institutions have increasingly become alarmed at the vulnerability of their data to unauthorized disclosure driven by an employee’s desire to cash-in through a multimillion-dollar whistleblower award.

Read our interview with ACC Board Member, Gary Cohen, on his best practices and techniques for using the talent around us, both in-house and outside, and using the best legal practices of others.

This article delves into a joint statement that was issued by the Federal Crimes Enforcement Network (FinCEN) and federal banking regulators, which clarified the due diligence obligations of banks under the Bank Secrecy Act (BSA), examining some of the provisions within the BSA.

This article provides expert insights into the rapid advancement of regulatory technology across the legal sector. RegTech stands for Regulatory Technology and its use can save your company time and money.

Briefing on investment protection and investor-state dispute settlement mechanisms in international agreements

Bob Feldman explores which boilerplate clauses are worth keeping in contracts.

Predicting consumer trends with social media is arguably very similar to predicting the movement of a swarm of locusts. If possible, how could this information affect your legal department?

Guide to the legal consequences of maintaining temporary employees.

This relatively short document responds to the increasingly frequent pleas made by practitioners for guidance on the ethical standards applicable to party representatives in international arbitration. But is it the solution everyone was hoping for?

In his column, Kenneth Cutshaw examines the value of insourcing Ediscovery for legal departments.

This article discusses the use of analytical tools in ethics and compliance governance. In the most sophisticated programs, compliance professionals may be presented with copious detail regarding corporate performance. Learn how to make the most of these well-intentioned systems.

This article discusses partnership agreements and the key items that are typically addressed in these agreements.

Large multinational corporations face complex challenges when trying to protect their businesses from competition. Many organizations are starting to require that all senior employees around the globe have two-year noncompete agreements. Is this a solution your organization is considering? A global panel of in-house and employment and benefits attorneys will discuss this scenario in an interactive, 90-minute program. The panelists will explore and discuss some of the essential questions that global employers must be asking their counsel: Is it possible or desirable to have a global noncompete? Is there a preferred duration? Does an employee need to be paid? What is a garden leave and what are the best terms to include? Are there other restrictive covenants allowed? You will be encouraged to offer your own scenarios and questions for comment.

The author discusses his experience becoming an in-house lawyer and no longer being surrounded by dozens of other legal professionals. He notes the upsides of this transition, like being considered an expert, as well as the downsides, which include missing the camaraderie of likeminded colleagues.

This article discusses U.S. litigation trends in 2013, and highlights noteworthy cases affecting the unconventional oil and gas industry.

305 A View from the Top: CEOs Forecast Their Vision & Plans for In-house Counsel

This checklist lists action items, responsible parties, and allows for comments in helping implement a compliance program.

The author discusses his experience working for a specialty chemical company that went from a state or surplus revenue to declaring bankruptcy.

ACC Guide to Process Improvement

This brief article presents tips regarding how in-house lawyers can protect the attorney-client privilege under US law.