This QuickCounsel discusses the National Labor Relations Board's ("NLRB" or "Board") landmark decision in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (August 27, 2015) and the impact of its new joint employer standard on private employers and the attendant liability associated with using contract labor in the United States.
It's important for lawyers new to in-house to recognize that corporate executives may assume that you are an authority on data security and privacy or, that you "have it covered." And yet, if you are like many in-house counsel, your expertise may lie solely in litigation, labor law, or transaction areas. This article gives you the basics on data security.
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.
Learn about the Central Bank (Individual Accountability Framework) Bill 2022 in Ireland as compared with the UK Senior Managers and Certification Regime.
This article outlines GE's view on corporate social responsibility and its approach to creating and adopting new corporate governance standards in response to the Sarbanes-Oxley Act and the proposed New York Stock Exchange listing requirements. It explains how GE intends for these new standards to be a positive model for the corporate community to review and debate.
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.
It may surprise you to learn that while other professions leverage data analytics to support their day-to-day functions, only a little over half of legal professionals have considered automating work processes using big data. To encourage progress within the legal department, in-house counsel should explore new and unconventional ways to capture and analyze data — paving the way for future success.
Learn about the UK Pensions Regulator's guidance on new climate change governance and reporting requirements.
In September 2021, the United Kingdom ("UK") Government’s Department for Digital, Culture, Media and Sport ("DCMS") published their proposed reforms to the UK’s data protection regime. The proposals set out in the DCMS Consultation would significantly alter the UK’s data protection framework and compliance requirements for businesses operating in the UK. This resource is an overview of the Consultation's five key areas.
Inadvertent disclosure is a serious issue in the legal world. The recent amendments to legislation have made it important for lawyers to understand their new found responsibility and the rules regarding this matter. The Model Rules and Federal Discovery Rules aid counsel in understanding inadvertent disclosure, and what they should do if the problem arises.
This article addresses the new law regarding paying a worker of one sex less than the opposite sex for the same job by requiring equal pay for equal work.
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.
If your company decides to establish a business presence in another<br />country by partnering with a local firm, what considerations come into play in structuring and implementing a joint venture with the local partner? This program will examine the practical considerations relating to structuring the joint venture and negotiating its key terms,<br />including management control provisions and mechanisms to exit the joint<br />venture, seconding or transferring employees to the joint venture and cultural considerations in dealing with your local partner.
The Center for Medicare and Medicaid Innovation (CMMI) is launching a long awaited new oncology model, the Enhancing Oncology Model (EOM). Learn more about the successor to the Oncology Care Model (OCM), which ended June 30, 2022, here.
This article discusses the Czech Republic government adopts a long-awaited amendment changing rules for energy price caps applicable to large enterprises.
This article discusses the European Commission's adopting the first set of EU Sustainability Reporting Standards (ESRS). The ESRS are mandatory common standards by which in-scope companies must report comparable, consistent and detailed information across environmental, social and governance (ESG) issues.
This article provides an introduction to the Australian FinTech landscape. In particular, the article considers recent significant developments to that landscape, which have increasingly become a defining feature of the Asia-Pacific’s economic and legal standing in the global context.
All employers operating in the EU are likely to be required to make changes to their current arrangements to take account of the requirements of the EU Directive on transparent and predictable working conditions. Effects may also be seen beyond the EU, where multi-national employers seek to “level-up” their arrangements.
The COVID crisis has caused an exodus from cities and physical office spaces alike. As fall approaches and companies figure out what the new workplace looks like, how can Legal Operations management continue to engage with their team and the legal department at large?
Learn about the two new regulations in Argentina that bring changes to the Data Protection sector.
Written in the wake of the Enron situation, this article examines the Sarbanes-Oxley Act as a means of reiterating the importance of honest accounting as a means of averting potential compliance crises before they have the chance to develop.
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.
Public companies and their in-house counsel face new challenges as activist shareholders are demanding a greater voice in the boardroom. At the same time, engaged shareholders and their counsel tread the mine field of regulation as they seek to influence the governance agenda in the companies they own and to hold boards and management accountable for underperformance. Recently, some of the most high profile proxy contests have involved U.S. hedge funds targeting Canadian public companies. In this panel, hedge fund in-house counsel will face off against public company in-house counsel, fresh from their recent battles, to share their experiences and insights gained. Outside counsel with experience on both sides of the fight will discuss how in-house counsel can successfully steer their boards and management through the process.
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.
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.
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