This InfoPAK explores the case law and best principles for handling workplace investigations into employee claims of harassment and other alleged improper treatment in light of the defense provided in Faragher v. City of Boca Raton and the shield that is the attorney-client and attorney work product privileges. This InfoPAK is meant to provide an overview of the Faragher defense (especially in light of recent developments in case law) as well as the salient privileges, and then provide employers with insight on the best practices for protecting the Faragher defense as well as, where possible, the privileges, while proactively addressing employee concerns.
In a robust decision handed down by the English Court of Appeal, Novartis has been awarded an interim injunction against Hospira to prevent sales of generic zoledronic acid in the UK despite Novartis’ patents having been declared invalid by the English High Court. The Court of Appeal judgment represents a significant victory for Novartis and other innovators. This article discusses how this decision impacts innovators and generic companies alike, as well as the practical steps that parties should consider prior to the launch of a generic product.
A sample letter responding to the Equal Employment Opportunity Commission for charges of discrimination.
This article looks at the legal landscape of maternity and parental leave in select countries throughout the world to illustrate how different legal systems have chosen to institute such leave in a manner which reflects both the specific culture of the country and the overall global movement towards increased accommodations for parents before and after childbirth.
The PRC Company Law allows company shareholders to make capital contributions with certain non-cash assets that include equity in other companies. The State Administration for Industry and Commerce recently promulgated the Measures for the Administration of the Registration of Capital Contribution in the Form of Equity (SAIC Measures) to establish a procedure for the registration of equity capital contributions. The SAIC Measures apply to purely domestic companies as well as foreign investment enterprises (FIEs). In the case of FIEs, foreign investment approvals from Ministry of Commerce or its local counterparts are also required for equity capital contributions, but there has not been a formal procedure for such approvals until the issuance of the Interim Provisions of the Ministry of Commerce for Equity Investments in Foreign Investment Enterprises (Interim Provisions). Learn more about the Interim Provisions.
Gain insights on how to make educated decisions as to who is best suited to manage or complete the work from a resource perspective. Learn how to prioritize work based on its strategic value or risk to the organization and source it to the appropriate internal and external resources based on that priority assessment.
This is a sample license agreement between company and licensee.
This article provides a summary of the update on the United States (US) sanctions against Community Chinese Military companies and the implications for the securities market of Hong Kong. On 12 November 2020, the US President issued Executive Order 13959 (EO13959), which has caused significant market uncertainty; EO13959 prohibits certain transaction insecurities linked to what it has described as Communist Chinese Military Companies.
For a corporation facing the cross-border discovery challenge of collecting information from its foreign offices, there is no easy solution. This article offers some tips: Technology- assisted review and digital rights management technology can facilitate negotiations with local data protection authorities.
This is a confidentiality agreement between two companies who have a preliminary interest in exploring a merger or other combination of companies.
This survey was sent to session participants prior to the meeting asking questions about their legal department, their company and the sorts of risks that they encounter in their daily practice.
Protecting your Confidential Information - presentation held in Brisbane 16 March 2017.
This paper highlights the value and importance of a direct reporting structure between the General Counsel (GC)/Chief Legal Officer (CLO) and the Chief Executive Officer (CEO), as well as direct access by the CLO to the Board of Directors (BOD). When a CLO can directly influence and shape corporate strategy and culture they are reflecting and reinforcing the values of their organisation.
This Latin American briefing feature in the July/August issue discusses how unions and employers are impacted by the Free Trade Agreement (FTA) in Colombia.
This is a sample contractor services agreement between company and contractor.
This is a sample anti-harassment policy.
This is a sample non-compete agreement between a company and its employee.
This is a sample sales representative agreement between a company and a sales agent, for the agent to promote the company's product and solicit orders outside the United States, with minimum sales objectives.
As more companies go global, in-house counsel must manage litigation where a foreign entity is sued in the United States or litigate a matter in Europe. Not only must in-house counsel educate overseas managers about the reality of litigation in the United States and learn various rules abroad, but they also face the difficult task of determining what is discoverable and how to conduct investigations to comply with the demands of US courts and stringent EU data and privacy regulations. This panel will focus on highlighting the differences between the key stages of litigation in the European Union and the United States, using real-world examples to help in-house counsel better prepare to deal with the practical implications of litigation involving multiple jurisdictions.
This is a sample non-exclusive distribution and supply agreement, between a manufacturer and a distributor, for distribution and marketing services by the distributor.
Important points to consider when dealing with LPO and how to avoid making costly and unethical mistakes.
An informative article on third party disclosures.
This quick reference provides you with a general overview of some of the nuances in Germany's individual and collective employment and labor laws. The document delves into the legal framework and touches on core areas - such as employment contracts, working conditions, etc.
This quick reference provides you with a general overview of some of the nuances in the employment and labor law realm as it pertains to the UK. The document delves into the legal framework and then touches on core areas (employment contracts, working conditions, etc.) that you need to be mindful of.
Non-Competition Agreement (China)
This article provides the legal framework for the custody of securities held by (multiple) intermediaries.
In this US-based Independent Contractor Agreement Template, you can find sample clauses to govern the relationship between the company and its contractor.
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