Your outside counsel has just called you in a panic. He has the company's outside auditor on hold on his other line. The auditor is demanding the law firm's evaluation of a very large and difficult lawsuit now pending against the company. The auditor won't accept the formulation from the ABA-AICPA treaty that allows counsel to decline to provide an evaluation unless the lawyer concludes that liability is either "probable" or "remote." The auditor claims that the lawyers can no longer "hide behind" the "treaty" and must provide a complete analysis because of Sarbanes-Oxley. You know that the law firm has a very negative evaluation of the case, which will result in a big reserve and a large hit to earnings if disclosed to the auditor. But you believe that it is too early to get a good estimate. So you tell the law firm auditor to "stick to the treaty." Your outside lawyer asks, "Have you read the Commission's new Rule 13b2-2 regulation"? No? Well, you had better do so.
Does the use of alternative dispute resolution equal good business? According to research by American Arbitration Association, it just might. Companies that are "dispute-wise" also sport legal departments whose lawyers feel less stretched, and have larger budgets. Is there a correlation between committing to ADR and having a less stressful professional life?
A letter from ACC to the Illinois Bar advocating the adoption of ABA Model Rule 5.5 - regarding multi-jurisdiction practices - and discussing related issues
This is a sample confidentiality agreement between a company and receiver where the company is prepared to make available to the receiving party certain information concerning the business, operations and assets of the Company.
This quick reference guide provides a list of Form 8-K Filing Events to be reported. It also includes Securities and Exchange Commission filing and staleness dates for 2024.
This is a sample mutual confidentiality and nondisclosure agreement between two companies, one based in Delaware.
This is a sample vendor business associate agreement regarding HIPAA.
In-house counsel will optimize their role as leaders in information governance by attending this session as they learn the lifecycle of data (collection, use, storage, archiving and destruction) and acquire tools to educate their companies on the risks and benefits associated with data as it travels through that lifecycle. Learn to resolve your company’s information management and governance issues and to add business value by finding information management systems that lower costs and improve efficiencies. Become “litigation-ready” in the face of complex discovery requests.
This program identifies key considerations for providing legal advice to business clients in nonprofit organizations. It is important for business clients to understand that a not-for-profit designation does not mean that the organization should behave differently than a for-profit company. Additionally, when counseling business clients, in-house attorneys may need to assist them in seeing the "little" picture. Areas covered will include: risks associated with receipt of donated goods, services and real estate; conducting due diligence analysis of vendors/suppliers; brand/intellectual property protection; and costs and risks associated with new ventures or risky activities.
This is a sample agreement regarding the purchase of membership interests.
Some employers struggle with getting employees to take their time off, especially in states that prohibit “use it or lose it” vacation policies. Other employers struggle with employees who abuse their time off benefits by taking off so much time that there is an impact on productivity and performance. This panel will explore different time-off options along with their benefits and pitfalls to provide in-house counsel with practical solutions to offer their companies, taking into consideration new federal, state, and local sick leave laws.
This is a sample industrial lease agreement.
This guide reviews applicable legislation to insolvencies and reorganizations in Peru.
United Kingdom Employment Agreement
This is a sample employment agreement between the company and its executive related to the state of Maryland.
A checklist of items to consider before conducting a reduction in force, including developing a plan, addressing the timing, choosing the selection process, and handling WARN Act issues.
Five tips to help in-house counsel fit their legal department into the larger corporate strategy and strategize accordingly. Includes financial management and technology adoption tips.
Information regarding tax liabilities of liquidators and receivers.
TUPE implements the Acquired Rights Directive in the UK and provides protection for employees in circumstances where the business they work for, or the services that they undertake, transfer from one company to another. Read this article to learn more.
A useful timetable to use when dealing with a takeover.
Organizations are oftentimes quick to designate a legal counsel as the conscience of the company. But are we? And should we be? Just how separate should legal and compliance be? This session will scrutinize the dynamic of the in-house lawyer who simultaneously serves as the company’s ethics officer. Are the roles of lawyer and ethics officer symbiotic — or potentially conflicting? Our panel will evaluate the pros and cons, the risks and the benefits, of wearing both hats along with such related practical issues as budgetary considerations, lines of report, and relations with HR and internal audit.
Best practices for attorneys who are new to the in-house community.
With Brazil and Mexico ranked among the top 20 economies in the world and Peru as the ninth fastest growing economy, multinational corporations have expressed renewed interest in Latin America (LATAM) for business expansion and directed foreign investment. The LATAM market is an attractive investment destination due to low labor costs, resource richness and a young expanding consumer market. The regulation of the labor market, however, is strict and inflexible. American decision-makers who oversee operations in LATAM should carefully review local regulations to ensure compliance and avoid potentially costly errors. This article highlights the critical employment law issues for American corporations with business operations in LATAM.
As companies expand throughout Africa, legal departments must be prepared for new needs and risks. This article highlights how to address legal challenges specific to the continent.
Getting Away from the Hourly Rate - The Counterproductive Effects of Billing Time Part 2 of 4
This is a sample complementary marketing agreement.
Corporate Group Structures - presentation held in Brisbane 30 March 2017.
This is a sample guaranty agreement.
This letter provides some background on why states in general and Connecticut in particular should adopt MJP reforms, and offers our reasoning why the state should include a special approach for registration of in-house counsel working in Connecticut who are not locally licensed in the state.
This is a sample non-compete agreement regarding acquisition of a company
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