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Nearly every in-house counsel has faced an impending overseas deal when only local law-governed terms are at hand. Naturally, instinct favors home advantage and their own system and laws, but experience shows this instinct may, in practice, inform the wrong decision. Do you push to use the local terms unamended, or should you localize the US terms for another jurisdiction? The decision is a fundamental one that sets the tone and shape of negotiations immediately.This panel will examine and compare key tech contract principles across legal systems: Which terms won’t translate and remain enforceable? What key changes are required to make them work? What practical solutions exist to navigate risk and avoid unenforceability around the globe? Join this informed discussion among international practitioners as they determine the best way to deal with the challenges of localization for foreign jurisdictions.

This article is a case law regarding the Foreign Corruption Practices Act.

This article from Womble Bond Dickinson assesses some of the drivers of supply chain disruption in the U.S. and Europe and considers what businesses can do to mitigate the risks. These issues are likely to impact all sectors, however, they have particularly impacted the construction industry in recent years.

Regulatory compliance continues to be a key issue for US energy companies. With an ever-changing regulatory landscape and stepped-up enforcement in some areas, it is more important than ever for in-house counsel to ensure proactive compliance with the various regulations governing the energy industry. This panel will provide timely updates, best practices, and advice from the experts on North American Electric Reliability Corporation, US Federal Energy Regulatory Commission, and US Commodity Futures Trading Commission compliance.

In this multi-country guide, learn about key laws regarding insurance and insurers in a wide range of jurisdictions. This resource was originally published on the website of CMS on January 31, 2023, and last updated May 19, 2023.

Climate change is upon us, and in-house counsel are struggling to mitigate risk in a warmer world. As the society-at-large moves toward a low carbon economy, companies are increasingly looking to the legal department to assess and disclose its environmental impact. The future of sustainability is here, are you ready for what’s next?

This quick overview (QuickCounsel) presents key litigation issues the Energy sector faces concerning the US Telephone Consumer Protection Act (TCPA).

This article discussed the key factors to consider when thinking about developing a risk management program that uses financial derivatives

Learn five steps to reduce cyber risks during the crisis resulting from Russia's invasion of Ukraine.

Explore strategies for effective compliance with US sanctions and export controls affecting trade with China.

This Quick Overview is intended to demystify "non-fungible tokens" (NFTs) at a broad level, introduce the concept and functionality to non-tech counsel, and provide a practical approach to addressing intellectual-property issues and other legal concerns that may arise in connection with NFTs.

The purpose of this Sample Gift Acceptance Policy is to provide guidelines relating to the acceptance and processing of gifts in a manner that is consistent with the mission and values of America’s Promise Alliance and to provide donors with transparency on the matters described herein. This policy shall be posted to the America's Promise Alliance website and made available for all donors to view.

There are a variety of reasons why companies move their data to the Cloud. In this article, issues with software asset management, use of external electronic data storage, and IT teams capabilities are discussed for Hong Kong-based companies. This resource was produced in December 2019.

Take a short introductory quiz and learn 12 Dos and Don't for a company's outbound calling practices under the US Telephone Consumer Protection Act (TCPA).

The European Unified Patent Court (UPC) – which centralizes patent litigation throughout most of the EU – is on track to go live in late 2016 or early 2017. The new UPC is expected to rival and potentially surpass US courts as the preferred venue for major patent disputes, as US companies will be able to obtain an EU-wide injunction via a single litigation, instead of having to litigate in each jurisdiction. This will drastically reduce costs and improve enforcement, but it won’t be easy. The new system and the changes in procedure and process are complex. Companies must assess multiple factors to decide in advance whether to participate or opt-out. This panel comprised of lawyers dually qualified in the US and UK will focus on how the UPC will impact IP filing and enforcement strategies of US companies, and answer questions such as: What strategic planning should US companies be doing now to prepare for the UPC?; What are the best practices to protect US companies’ patent portfolios in Europe?; What are the commercial advantages of opting-in or out of the UPC?; How will early UPC participants shape the new court system?; How do US companies decide whether to opt-in or opt-out?; How do US companies approach product clearance and FTO in Europe, particularly as applied in licensing and acquisitions?; What are the options for mitigating significant competitor patent risk before it is exacerbated by the UPC?

Any US corporation with multinational operations and an unoptimized corporate structure that would benefit from reorganization of its operations along regional lines and responsibilities should consider whether a principal or other efficiency and profitability promoting restructuring might achieve similar benefits for it.

Do business in countries facing US sanctions at your own risk. The US<br />Office of Foreign Asset Controls (OFAC) is aggressively pursuing violators who<br />circumvent its prohibitions on evasion and facilitation. In-house counsel<br />operating in countries and regions monitored by the OFAC should be wary<br />of engaging in advocacy or seeking to find a work-around to these controls.

Learn about new laws in the United States which grant individuals expanded workplace rights and larger compliance obligations on organizations.

ABA letter to the US Sentencing Commission regarding waiver of attorney-client privilege.

This QuickCounsel examines Brazil's new Anticorruption Law, compares it to the U.S. Foreign Corrupt Practices Act (the "FCPA") and to the UK Bribery Act 2010 (the "Bribery Act"), and offers suggestions for corporate compliance departments that will need to prepare their companies to comply with the new law.

Learn about the European Commission's new Standard Contractual Clauses which are effective as of December 2022, and the outlook for trans-Atlantic data transfers.

In spite of the close economic relationship between the United States and Canada, there are a number of cases every year in which US companies have broken Canadian law, largely due to misunderstandings about those significant differences between the US and Canadian legal systems. This article discusses the need to strategically plan in advance as a means of avoiding such misconceptions and mistakes.

The London Interbank Offered Rate (LIBOR) is being phased out on June 30, 2023, following allegations of manipulation. This has raised questions about what will replace LIBOR. The switch to another rate depends on the country where a company is located. While companies may still use LIBOR until June 2023, that extension is specific to the US dollar. This article discusses the transition.

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.

This Quick Counsel discusses the concept behind regulatory takings related to permit conditions, summarizes two key prior cases on regulatory takings and permit conditions, and discusses how they were expanded by the recent Koontz v. St. Johns River Water Management District.

This resource from Womble Bond Dickinson provides an update on the recent Silicon bank failure. In addition, this resource examines the actions being taken by the federal government to strengthen confidence in the U.S. banking system.