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A recent trio of hotly contested proxy fights in Canada involving Norton Rose Fulbright’s Special Situations team helped further clarify and define the rights of a board of directors to determine the timing of a shareholders' meeting.

The Singapore International Arbitration Centre (SIAC) published statistics regarding the use of its emergency arbitrator provisions. These show a record number of emergency arbitration applications received by the SIAC in the last year, in an increasingly broad range of sectors. Overall, the SIAC has handled 34 emergency arbitrations since this procedure was introduced in July 2010. It is a system that has been proven to work well, in itself; but there remain issues with emergency arbitration, particularly in the enforceability of emergency arbitration awards, as Ben Giaretta and Michael Weatherley explain.

This article contains a summary of the main aspects of the withdrawal right in Brazil.

This article discusses the Securities and Exchange Commission's filing of a record 807 enforcement actions in FY2015 and obtaining orders totaling $4.2 billion in disgorgement and penalties.

Global corporations face a host of challenges when doing business abroad. Among them is whether to agree to submit a dispute to an international arbitral tribunal or to consent to the jurisdiction of a foreign court. Once these decisions are made, however, how are the resulting rulings enforced? Discover the unique challenges associated with transnational enforcement of a valid award issued by a court or an agreed-upon arbitral tribunal and how to effectively resist transnational enforcement of a fraudulent or deficient judgment.

In this article, learn how to manage litigation by implementing benchmarks to create a system for evaluating, tracking and controlling litigation costs.

Non-profits as well as most businesses in the United States are formulating plans to reopen. In this article, in-house counsel will learn how to consider potential liability risks as their employees return to work. This article was originally published in July 2020.

This is a sample non-compete agreement between a corporation and its employee.

The author discusses a time when his company failed to comply with the Occupational Health and Safety Agency’s Process Safety Management standards. For years, he blamed the leadership of others; however, in this article he reflects on the role he played.

Deng Thiak Adut needs little in the way of introduction – child soldier, man of hope, Dinka-Bor survivor, advocate, 2016 NSW Australian of the Year, brother, son, and now, soon to be father. And despite all that has been written about this remarkable young man who has overcome unthinkable adversity, he doesn’t feel his story is an exceptional one.

Good Faith for In-house Lawyers - presentation held in Melbourne 22 June 2017.

This article explains how classical moral philosophy is an imperfect tool for solving real-world ethical issues and often leads to contradictory and absurd conclusions. The author takes a different approach to making sound, ethical business decisions; read this article to learn more about it.

The author uses the Open Compliance and Ethics Group’s 2012 “Governance, Risk Management and Compliance” Maturity Survey as a springboard to discuss the three critical areas that companies focus on when trying to improve their GRC system: information pipelines, dashboards, and checks and balances.

There is a beast on the loose. It is an ever-changing, constantly expanding monster of unimaginable size and complexity that spans the globe. It can’t be bargained with and it takes no prisoners. The beast is fierce. It is pitiless. It is unrelenting. It is ... the law.

The author provides a systems view analysis of workplace misconduct that goes beyond the traditional “blame and change” approach to handling complaints.

Business Ethics columnist offers a defense of Scrooge, the infamous miser from “A Christmas Carol,” on how he truly is an “ethical” man of business.

This Value Practice Resource describes how Squire Sanders challenges its attorneys to remedy disconnects between costs for outside legal services and value the client receives.

Proposed rule requires registration of Virginia in-house counsel not licensed in the Commonwealth, includes CLE requirements, professional responsibility exam and character and fitness application.

Guidelines developed by Royal Bank of Canada for their Demand Management practices used to engage outside counsel.

Sample position description for chief compliance description.

Swiss Executive Employment Agreement

This article discusses the unanimous US Supreme Court decision that has effectively disavowed the long-standing de minimis standard in Groff v. Dejoy, clarifying Title VII's undue hardship standard to mean "substantial increased costs in relation to the conduct of its particular business."

This article discusses the friendly-PC model, which is a common structure designed to comply with state corporate practice of medicine doctrines. The friendly-PC model involves a professional service corporation (PSC) conducting a medical practice in affiliation with a management services organization (MSO).

Although the friendly-PC model may be a solution to the corporate practice of medicine doctrine, it can create unintended consequences for employee benefit plans sponsored by the PSC and MSO.

This Update concerns a measure proposed in Canada’s federal budget for 2014, tabled by the Minister of Finance on February 11, 2014 (Budget 2014), relating to treaty shopping that may affect private equity (PE) funds investing in Canada through treaty-based holding companies.

This article shows how directors must be proactive in ensuring that they are properly advised about the scope of their insurance coverage, and that they then provide appropriate oversight to ensure that the bank secures a strong coverage program in light of what currently is available in the D&O insurance marketplace.

This is an excerpt from Heineman’s published book, The Inside Counsel Revolution: Resolving the Partner-Guardian Tension.

This program will focus attention on top strategies that litigators can deploy in re-shaping early case assessment and case management to focus on value, efficiency, predictability and outcome, rather than lawyer activities and piles of billable hours. Our goal: to help you help your client know that the company's litigation docket is delivering maximum value and ROI. Join us as we look at how innovative leading practices in departments and firms which are redefining corporate litigation strategies.

Panelists provide an overview of legal project management techniques and tools. They share war stories and engage you in a discussion about best practices for scoping projects, managing teams and budgets, communicating to stakeholders, addressing scope creep, and conducting post project reviews.

Why do corporations lose in high-stakes litigation before juries? A number of factors may be to blame—including plaintiffs portraying corporations as uncaring monsters long before any parties set foot in the courtroom. For many years now, the Plaintiffs’ Bar has used litigation tactics consistent with the “Reptile Theory” to gain an advantage in the litigation and influence the ultimate outcome in the courtroom. In this presentation, we will address ways to combat these tactics by transforming the perception of the company from the inception of the case in the United States.

When your company is involved in an M&A transaction, it is easy to focus on the typical labor issues that come about, like collective bargaining agreements, pensions,and the WARN Act. However, in-house counsel need to concern themselves with the impact that coemployment can have on the transaction, considering the fact that leased employees are not normally regarded as "employees" during the M&A process.