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Power, Corruption and Lies: A New Order for the Corporate Criminal Responsibility Regime in Australia?
Julian Hammond, Special Counsel and James Morvell, Partner, Hall & Wilcox
7 pages

The new Corporate Crime Report from the Australian Law Reform Commission is call to create a culture of compliances for businesses. In this article, in-house counsel can learn more about the background of the report and key recommendations for Australian businesses.

Resource Details
Interest Area: Commercial and Contracts, Compliance and Ethics
Region: Australia
Audience: Deputy GC, Mid-Career, New to In-House
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If There is a "New Normal", Does that Mean you can Terminate your Commercial Lease?
Luke Buchanan, Solicitor Director, Buchanan Rees Disputes Lawyers
2 pages

The potential impact on commercial property post-pandemic is sizable. In this article, in-house counsel can learn practical tips about commercial leases and how to renegotiate one.

Resource Details
Interest Area: Commercial and Contracts, Real Estate
Region: Australia
Audience: Mid-Career, New to In-House
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Not an ACC Member? Request a trial membership.

ACC-WI 2020 Virtual Annual Conference Programming Now ON-DEMAND!

Did you miss the ACC-WI Annual Conference? Need to grab a few more CLE Credits? We’ve got you covered.  The ACC-WI 2020 Virtual Annual Conference is now ON-DEMAND!  Access to 18-hours of CLE programming specifically designed for In-House Counsel and approved for CLE in WI for one low price.   Includes all downloadable presentation materials.

 

The global pandemic and shutdown has been the gravest challenge to Australian business. Contracts and business relationships have been tested, in many cases beyond their limits.

Piper Alderman is guiding its clients through contractual issues including variations, force majeure, electronic execution of contracts and virtual meetings.

Join our webinar as our corporate & commercial partners provide practical insights and real world solutions in the areas of:

  • Maria Capati – Contract variations and negotiations as a result of COVID-19 particularly risks in terms of force majeure.
    Maria will discuss real life examples of contract variations and whether COVID-19 constitutes a force majeure event in a new contract;
  • Alasdair McLean – Key considerations for drafting contract terms going forward.
    Alasdair will discuss the issues that you should consider when renewing or entering into new contracts in light of issues that have arisen during COVID-19;
  • Andrew Rankin – Making permanent the COVID-19 reforms in respect of electronic execution of contracts and virtual meetings.
    Andrew will discuss the amendments proposed by the Corporations Amendment (Virtual Meetings and Electronic Communications) Bill 2020;
  • Chris Lyons – FIRB’s temporary measures in response to COVID-19 and The Star’s litigation – is coronavirus a catastrophe?
The UN CISG and its Implications for Australian Businesses during Covd-19 Pandemic
Bronwyn Lincoln, International Arbitrator
2 pages

The United Nations Convention on Contracts for the International Sale of Goods (UN CISG) objectives include the promotion of international trade and removal of legal barriers for trade. In this article, the UN CISG's mission and scope are defined against the backdrop of the current pandemic.

Resource Details
Interest Area: Commercial and Contracts, Litigation and Dispute Resolution
Region: Australia, Global
Audience: Deputy GC, Mid-Career, Large Law Departments
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Not an ACC Member? Request a trial membership.

Many times business people do not pay sufficient attention to the printed form language contained in purchase orders or service agreements or how language may impact transactions or the consequences of a later dispute.  Oftentimes, litigation and commercial risks lurk within the company’s own legal documents, such as timing and form of notice of claim, alternative dispute resolution, limitations of liability and remedy, and choice of law provisions, which are usually buried in paragraphs to which no one pays attention --- until things go wrong.  Sometimes a company does not implement the requirements in its own documents.  Other times the other party takes commercial or legal advantage of the company’s documents.  How can this be avoided?

This program explores some of the major pitfalls in a company’s own “boilerplate” terms and offers some insights on how corporate counsel can help provide the business with the legal tools it needs to get the job done and to employ the company’s own terms to gain the upper hand in the event of a dispute.

Limitation of Liability Clauses: What Contractors and In-house Counsel Need to Know
If you are a construction professional today, your template contract has a standard limitation of liability clause, but is it enforceable? This one-hour CLE presentation is directed towards in-house counsel and risk managers for those who build as owner/contractors, general contractors/construction managers or trade contractors. You will hear from experienced construction attorneys Roy Wagner and Lauren Triebenbach, who will examine how the effectiveness and enforceability of contractual clauses intended to eliminate, limit, or transfer liability to others. Topics will include:

  • Waiver clauses
  • Indemnification clauses
  • Limitation clauses
  • Economic loss doctrine
  • Wisconsin statutes applicable to construction

Performance Bonds at the Time of Coronavirus
Mauro Rubino-Sammartano and Ruggero Rubino-Sammartano, LawFed BRSA

Calling a performance bond involves a delicate balance of factors. Such evaluation is not simplified by the COVID-19 pandemic. In this Quick Overview, please assess key issues regarding bonds in this context.

Resource Details
Interest Area: Commercial and Contracts, Insurance
Region: Italy, United Kingdom
Audience: Small Law Departments, Large Law Departments

Join Gilbert + Tobin for a live webinar, hosted in conjunction with ACC Australia, on current developments in contract law, including recent cases on:

•    termination rights;
•    good faith obligations;
•    clauses dealing with consequential loss; and
•    the enforcement of dispute resolution clauses.  

Tim and Alastair will also consider how these developments affect the drafting and implementation of commercial agreements.

Please note: If your company/organisation is deemed to be a competitor of the host organisation for this event, you may be excluded from attending this event. If you believe there may be a conflict or are uncertain, please enquire with ACC Australia.

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