The FCPA and other anti-corruption laws in the United States have international businesses paying close attention to creating and maintaining effective compliance programs. Failure to do so can bring long, invasive investigations and fines and penalties topping $100 million. There’s no cookie-cutter method to success at preventing, detecting and remediating violations since companies, markets and relationships differ. Some basic fundamentals can help limit the risks of running afoul of the law.
In this QuickCounsel, we explain clauses and their existence in certain contracts that are usually based in informal social protocols or customs. We hope that this resource will help with drafting these clauses by providing examples and advice.
Learn about top developments from 2021 regarding criminal investigations and enforcement actions relating to fraud, bribery and corruption offences in the UK.
This is a sample policy regarding substance abuse.
This guide provides an overview of cryptoasset regulation (prior to the introduction of MiCA), focussing at this point on European jurisdictions, both inside and outside the EU. It summarizes the regulations applying to the main activities performed by cryptoasset service providers and the requirements of the licensing regimes, including time and cost.
The aim of a liquidated damages clause is to specify in advance the indemnification for a party that suffers from a breach of contractual obligations. Non-performance of a contract, without any evidence of actual damage, is grounds for pre-estimated compensation. This clause obviously limits the necessity to seek indemnification in court and is in demand in business contracts. However, if challenged, its efficiency may be greatly reduced by the intervention of a judge who has the power to modify the amount of the compensation determined in the contract. The distinction between liquidated damages and penalty clauses has a greater impact in common law countries than in those influenced by Civil Code tradition. This QuickCounsel assesses several court decisions in various European countries that bring to light these differences.
The US Fair Labor Standards Act (FLSA) is perennially difficult to navigate and has been fertile ground for the plaintiffs’ bar in recent years. New FLSA lawsuits have been filed in increasing numbers every year for the past decade. Now new rules are about to be issued. Do you know what they will mean for your organization? Will they require you to review and possibly change the wage classifications of some of your employees? And how can you go about doing that without wreaking havoc or inviting lawsuits? How will new equal pay and gender equity legislation affect your organization? Join this session for a walk through the new regulations and practical guidance on their interpretation and implementation.
Getting the Deal Through is delighted to publish the ninth edition of Arbitration, a volume in our series of annual reports, which provide international analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners and business people.
English law continues to be one of the most frequently adopted choices of law for international contracts across the world. Likewise, the court service in England, and in London in particular, maintains its reputation worldwide as a destination for international litigation. This article sets out ten key considerations for any person or business considering litigating commercial and corporate disputes in London.
Like it or not, numbers matter. This is particularly true in workforce affairs. What numbers? Pay, demographics and performance ratings, to name just a few. Knowing your organization’s numbers—and when to look at them, how to interpret them and what to do with them—can help you guide your organization proactively through events ranging from the routine administration of compensation and benefits to the most extraordinary corporate transaction. This session will cover best practices, including proactive pay equity studies, adverse impact analyses related to reorganizations and reductions in force, hiring and other employment actions. It also will highlight the latest statistical issues in litigation.
This article gives you an overview of EU data protection law, explains why U.S. in-house counsel should be concerned about EU data protection laws, shows you a roadmap to compliance, and gives you a workplan template for achieving and maintaining compliance.
This guide presents key items to keep in mind when doing business in Manitoba.
Getting the Deal Through is delighted to publish the ninth edition of Arbitration, a volume in its series of annual reports, which provide international analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners and business people. This chapter focuses on arbitration in Angola.
Provides a sample outside counsel retention letter for matters regarding the acquisition of a corporation. Specifies requirements of outside counsel in order for the retaining company to view and pay bills promptly.
This article focuses on Public M&A, in which Target is a public reporting company under the Exchange Act.
This article includes a review of Wyoming’s attributes as a jurisdiction to base a corporation, limited partnership (“LP”) or
limited liability company (“LLC”), and then reviews Wyoming’s unique (in the United States) laws facilitating company and investment fund formation and investment vehicles focused on cryptocurrencies, digital assets and DAOs.
Some states have restricted medical care for employees such as restricting abortions and gender-affirming care. In this sample policy Glowforge Inc. pays for the travel or relocation to get the healthcare the company has promised its employees. The policy was issued on April 14, 2022.
SPACs (“Special Purpose Acquisition Companies”) burst into mainstream popularity in 2020 as a financing alternative to traditional Initial Public Offerings (“IPOs”) and private placements after years of on-again-off-again vogue. While SPACs are not for every business financing need, they have largely shed an earlier sometimes negative reputation and emerged as a mainstream alternative in the palette of financing options. This article discusses SPACs and “Deal Points” on important considerations in the SPAC IPO and business combination process and what at all costs not to do.
This paper will provide an overview of the U.S. federal and state considerations applicable to any business initiative that relies on Big Data, and provide some practical advice for those seeking to monetize Big Data in health care.
This Wisdom of the Crowd (ACC member discussion) addresses whether it is permissible to deduct additional hours of pay to employees that resulted from a payroll system glitch. This resource was compiled from questions and responses posted on the forum of the Employment & Labor Law ACC Network.
Discover how to handle alcohol-related issues that every company must address, from meetings and social events to HR issues. What is the three-tier system and how does it work, including restrictions on marketing practices, licensing, etc.? What is the regulatory framework (state and federal) for becoming part of the industry and/or having an event where alcohol is served? What is the liability of businesses that host events where alcohol is served to the public or to employees (i.e. driving while intoxicated, personal injury, etc.)? Speakers will discuss workplace drug and alcohol programs and policies and provide sample materials.
An interview with Nina Macpherson
This intermediate-level program will examine the major issues that companies must address when doing business in Brazil, including the following: (1) corporate issues; (2) overview of stock purchases (both majority and minority interests) and asset purchases in both public and private companies: (3) issues upon sale or liquidation of interests; (4) distribution and agency arrangements; (5) major planning issues; (6) employment/labor issues at start-up, day-to-day and at termination; and (7) executive compensation.
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