Investing in, acquiring, or partnering with companies requires a due diligence investigation in which intellectual property (IP) will play a role. This article, from a primarily United States perspective, describes four levels of due diligence review, and the level of review warranted by different types of transactions. For efficiency, key questions upfront can focus the review.
On 27 July 2022, the Financial Conduct Authority (FCA) published a Policy Statement (PS22/9) and Finalised Guidance (FG22/5) setting out final rules and guidance on the new Consumer Duty (the Duty). The Duty sets higher expectations of the standard of care that firms give consumers.
A perspective on mergers and acquisitions in Europe in 2022 and 2023.
This articles shows how content theft sites and malware are exploited by cybercriminals to hack into internet users' computers and personal data in the United States.
Columnist Bob Feldman describes ABC Metals & Recycling Co., Inc. v. Highland Computer Forms, Inc. as a means of illustrating issues that may arise in drafting contracts between businesses and in setting prices.
Digital communications and electronically stored data come with inherent vulnerabilities and the potential for employer liability. Harnessing the power of the digital age while controlling workplace risks is a challenge. The notion of electronic communications and social media in the workplace has changed drastically over the past decade, morphing from activities employers often sought to limit to required activities of one’s job in many occupations, including those that will help grow the business. This InfoPAK covers laws impacting privacy and data security and best practices for reducing workplace information risk. It also discusses the particular benefits and risks of the company’s use of social media and social networking technologies. Finally, it looks at the issues in employment litigation arising out of digital information and communications.
As many can attest, it’s not easy to discuss business operations in Europe without first acknowledging EU data privacy laws. The latest regulation efforts will broaden the scope of ePrivacy legislation to increase protections for newer technologies. Here’s what to expect.
This article delves into the evolving landscape of social media investigations, covering best practices, legal frameworks, and strategic solutions to help employers conduct effective fact-finding and manage their workforce in the digital era.
Learn about the implications of climate risk for the financial sector, financial risk, litigation, and greenwashing.
The EU AI Act is hotly anticipated as being a benchmark AI law that other jurisdictions might look towards when developing their own laws (much like GDPR has become a standard upon which some other countries’ own laws are based). First, much like the GDPR in terms of impact, the EU AI Act will have an extra-territorial scope, extending to providers and users of AI outside the EU where the output is used in the EU. Secondly, the Act does lay down fixed penalties for certain infringements of the Act, the highest fine being 30,000,000 EUR or 6% of a company’s total worldwide annual turnover (3% in the case of an SME or start-up) for non-compliance with the prohibitions of AI practices.
A list of "things" corporate counsel throughout the United Stats were glad they knew or wish they had known when they first started. Includes topics such as contracts, employment, intellectual property, litigation, and corporate dynamics.
Learn about key developments in Canadian IP law in 2021.
Overview of the Federal Trade Commission's May 7, 2024 final rule banning most noncompete agreements in the United States, including options that employers should consider if the rule is not stayed by the federal courts prior to its effective date in September 2024.
The information revolution is responsible for quantum leaps in productivity and economic prosperity, but a downside has been the rise in a whole new class of crimes. With 8 primary elements, the comprehensive privacy protection and information security program described in this article is centered on people, processes, and technical management that is standards-based whenever possible.
This article discusses the increase in the use of put and call options in M&A transactions, as a mechanism to address challenges to valuation.
When selling finished products in the European Union, you are likely to encounter environmental product stewardship laws. These new regulations place an increasing liability on businesses to understand various EU standards that directly influence the supply chain. With an understanding of the practical ways in which this legislation operates, in-house counsel can better adapt to the future of product distribution under looming EU environmental regulations.
There are many reasons why companies migrate to Switzerland: lower corporate
income tax rates, a stable and predictable legal environment, and a flexible labor law. There are also disadvantages. Before you pack up and head for the snowy Alps, learn more about what relocation really entails.
This publication provides corporate counsel and international practitioners with comprehensive jurisdiction-by-jurisdiction guidance to laws and regulations relating to digital businesses around the world.
This article discusses California's new compliance regime for entities that qualify as "charitable fundraising platforms."
It offers a high-level overview of who qualifies as a charitable fundraising platform, what obligations platforms must meet, and when various compliance obligations take effect.
The author discusses the benefits and drawbacks of using the iPad 2 as a business tool.
Learn about loan fee fraud and how consumers can check for it in the United Kingdom.
A guide to help FPIs and their investment bankers understand the regulatory regime applicable to capital-raising activities in the United States.
Type any store name into Google and a list of similar stores shows up in the results - with the search term sometimes not even listed at the top. If a competitor purchases your company's trademark through keyword bidding and uses it as a metatag, potential infringement issues emerge. This article explores the legal issues of such use, and offers suggestions as to how you can best protect your company.
This course explains how to determine whether the Conflict Minerals Rule applies to a company's products and outlines the steps that the company must take to comply if the Rule applies. (Licensed for use in classroom settings only and not for distribution in any form.)
A presentation on how to open offices in foreign countries.
If you're a bank and considering implementing a new Customer Identification Program or an organization looking to shore-up your current vendor due diligence process, remember to keep these ten things in mind.
This is a sample information technology policy.
Following the collapse of Enron and other high-profile employee-owned companies, you need to revisit the issues surrounding employee buyouts before your company implements such a plan. This article will outline new regulatory proposals and help you avoid potential pitfalls.
Show results exclusively from the ACC Resource Library with customizable filters