For most corporations, the role of general counsel has expanded far beyond the traditional chief legal officer role. It is an increasingly important and demanding role, not suited for the timid or meek.
This author tackles the question: Are corporations taking on excessive enterprise risks by failing to make prudent investments in their compliance and ethics functions?
James Nortz provides three strategies to help promote ethical conduct within the corporate environment.
The author posits that temperance in a business environment is not a natural state. Most people tend to cut corners or break the law when they suspect no one is looking. This article offers several strategies for in-house counsel seeking to encourage self-restraint in the running of an ethical business.
In his May business ethics column, James Nortz introduces the concept of crew resource management.
Valorem's customized alternative fee arrangements, and its firm structure and practices are designed to consistently deliver value to clients. Patrick Lamb discusses key elements to their approach.
This table presumes that employees are covered by the relevant labor law, however in many jurisdictions administrative and managerial and professional employees are not covered and severance (while customary) may not be required. Also, where it may be hard to meet the statutory requirements the default is usually to proceed by mutual agreement. In most locations may not terminate employees on occupational illness leave.
A consultant agreement that includes provisions regarding the expected services, term, reimbursements, independent contractor status, confidentiality, advertising, confidentiality, intellectual property rights, indemnity, and other considerations.
This article discusses the Cayman Islands' own unique form of non-charitable purpose trust legislation, the Special Trusts (Alternative Regime) Law of 1997 (or STAR Law).
The results achieved by the in-house legal department cannot be considered optimized unless they are well communicated and accompanied by a structured procedure to measure such results. The material from this round table session should allow for discussion on the methods available and the practical experience of the attendees in this domain.
Comment Letter California Rules of Professional Conduct
This is a sample non-disclosure agreement between a disclosing party and recipient.
This sample provides practice points and a checklist of what constitutes taking “reasonable steps” to help avoid sanctions under the newly amended FRCP 37(e).
This is a sample equipment lease agreement.
What legislation is applicable to insolvencies and reorganisations? What criteria are applied in your country to determine if a debtor is insolvent?
This is a sample lease agreement involving a pension plan.
Sample form representative of an immigration P-1 support letter for an NBA player.
Material Adverse Change clauses are common in credit agreements, but are rarely interpreted by the courts. This article reviews cases when a lender’s knowledge of pre-existing financial circumstances at the time of granting credit is considered when assessing whether a material change has occurred.
This presentation discusses growth in connected devices, importance of standards, guidelines, changes in patent licensing.
While many organizations have an Incident Response (IR) Plan, they are often left on a (digital) shelf to collect dust instead of being used as a roadmap when an intrusion occurs. These are five common pitfalls that come up with IR Plans, which your organization can avoid.
Ten years ago, separation of business and personal data was much easier, but the rise of handheld computers and Internet devices has forced companies to ease their restrictions on data flow. However, risks and problems still remain, and each business needs to sensibly design a Bring-Your-Own-Device-To-Work plan that reduces risk while meeting the needs of the company and its workers. Here are the top ten considerations when creating such a plan.
In this presentation the presenter exposes the factors in-house counsel should consider when deciding to opt for arbitration vs. litigation or vice-versa.
This session will feature a discussion of the best practices and recent developments in IP licensing with a focus on software and trademark licenses. The session will review “magic grant language,” legal defaults and some key international jurisdictional differences. The discussion will review sample clauses to use, identify potential pitfalls licenses can contain and provide practical advice to avoid unintended consequences and safeguard clients from risk.
A sample board resolution approving the filing of an S-3 registration form by a company with the US Securities and Exchange Commission (SEC) prior to the issuance of shares (United States).
This is a chart showing the comparison of provincial health information protection legislation in Canada.
ACC Docket's Business Ethics columnist discusses internal investigations in the July/August 2016 issue.
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