Afraid of the quagmire called ERISA? This article will help allay your fears. It includes a primer for the novice, compliance details, hot topics, and websites galore to bookmark.
On 25 June 2013, the German Federal Cartel Office released new fining Guidelines for competition law infringements. The new fining Guidelines implement the German Federal Court of Justice’s recent decision, in which it overturned the current interpretation of Section 81(4), subsection 2 of the German Act Against Restraints of Competition (GWB) as the applicable 10% “cap” on the total amount of fines linked to consolidated worldwide turnover. The Court reinterpreted the 10% turnover threshold, instead, as the maximum level of a “range” within which fines could be set.
On August 3, 2022, a new bipartisan US Senate crypto/digital assets bill titled the "Digital Commodities Consumer Protection Act of 2022" ("DCA") was introduced by Senators Debbie Stabenow (D-MI), John Boozman (R-AR), Cory Booker (D-NJ) and John Thune (R-SD). This article compares and contrast the Lummis-Gillibrand Responsible Financial Innovation Act and the DCA. While neither bill is likely to become law in its current form, their common assumptions and elements, and that both are bipartisan efforts indicate the likely direction of U.S. regulation of crypto/digital assets.
Learn about the UAE's Federal Decree Law No. 37 of 2021 on the Commercial Register, which reintroduced the concept of a centralized companies registry for businesses operating in the United Arab Emirates.
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.
A new threat, derivative to the immediate damage of data breaches, has arisen. Class action suits from affected customers, or shareholder class litigation are common, albeit largely unsuccessful thus far.
Learn about recent developments in South African e-commerce developments, including a new Cybercrime Act, e-commerce warnings, regulation of crypto assets and Africa central bank digital currency.
In-house counsel managing litigation should understand the recent amendments and the logic behind the new amendments to the FRCP.
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.
Transaction standards and approaches
for mergers and acquisitions are not harmonized across jurisdictions. The vagaries in legal systems range from how diligence is used to allocate risk among the parties to the effect of post-closing remedies in a purchase agreement. Learn what levers you need to pull as in-house counsel in order to move the deal forward.
The US government, in coordination with the EU, the UK, and other allies, has introduced significant new sanctions and export controls in light of ongoing events across Russia and Ukraine, including new regional embargoes, full blocking sanctions, and other restrictions targeting several major Russian financial institutions, sovereign debt restrictions, the designation of Russian elites and their family members, and sanctions related to the Nord Stream 2 pipeline, among other targets.
The most popular session at the ACC Annual Meeting in New Orleans filled a hall with over 600 lawyers. The topic was emotional intelligence. Find out why this is such an important skill as well as how you can develop it.
The Green Book is FIDIC’s (Federation Internationale des Ingenieurs-Conseil). Short Form of Contract, recommended for use on smaller value projects. In this article, in-house counsel can learn more about what this new edition addresses and how these regulations can impact your business and practice.
Some companies like Wal-Mart have signed “A Call to Action” in order to achieve diversity and this article takes a look at what signing this document means, the current state of the legal profession in terms of diversity, and what you can be doing in your own department.
Within the span of a few weeks, both the United States and the European Union instituted sweeping new changes to their trade secret laws. This effects a slew of complex legal issues for general counsel, from identifying misappropriation to protecting whistleblower's rights.
Completing a successful Chinese M&A transaction can be trickier than new math. There are tons of legal hurdles to clear: government approval, anti-trust clearance, transferring real estate, trademarks and patents and repatriating profit, to name a few. Trying to tackle the transaction without a game plan is a sure set-up for defeat - but this article outlines an experienced attorney's firsthand knowledge to make the process less cumbersome.
Saudi Arabia continues to present amongst the best opportunities for investment for companies from outside the Kingdom, not only in oil and gas but also in the industrial and infrastructure sectors, as the economy is diversified. The biggest projects are awarded by government bodies. Their contracts are increasingly likely to contain Saudi arbitration clauses. The objective of this note is to answer the questions that would typically be asked when a company from outside Saudi Arabia negotiating a contract with a Saudi party is asked to agree to arbitration in Saudi Arabia under the new Saudi Arbitration Law.
Learn about the UAE's law on personal data processing, the Federal Decree Law No. 45 of 2021 on the Protection of Personal Data (the DPL).
Employment issues can be daunting for the new corporate generalist. However, knowing how to recognize and effectively handle common labor and employment issues can limit your company's exposure and make you a valuable asset to your organization.
This Top Ten examines ten hot-button privacy and data security issues and presents questions to help you gauge whether your organization is at risk, in the U.S. or abroad.
Several experienced in-house counsel will oversee an interactive game show-style session designed to engage and educate new in-house counsel. The questions (loosely based on the New to In-house Committee’s InfoPAK: New to In-house Practice: US & Europe) will focus on what every in-house lawyer should know about the law and their dual role as corporate counsel and a valuable business partner.
On March 6, 2024, the US Securities and Exchange Commission ("SEC") finalized new climate disclosure rules for public companies, mandating comprehensive reporting on climate-related risks and their impacts on business operations. This article explores the details of the new requirements, the rationale behind the changes, and the implications for corporate transparency in addressing climate risks.
Best practices for attorneys who are new to the in-house community.
Brazil recently passed the Clean Companies Act into law, signaling the country’s new and aggressive approach to stamping out bribery and corruption. As they can now be held liable for violations, companies should now take the opportunity to either review or establish anti-bribery and corruption programs, to ensure compliance with the Act.
With the advent of global privacy frameworks, and as companies collect and use more consumer data, additional importance is placed on review and compliance. The chief privacy officer is essential to addressing these priorities.
Looking to achieve growth capital? Consider private equity investments. Whether you’re a new or experienced investor, these tips will help you prepare for and manage these transactions and relationships.
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