LEGAL
The Insider: Europe’s new data protection law – what do you really need to know?
Over the past several months, you have probably been bombarded with data privacy articles, questions, and concerns. Given the sheer volume of material on the topic, it’s difficult to figure out what you truly need to know about the current state of data privacy and data protection in Europe. We saw the European Court of Justice strike down the US-EU “Safe Harbor” agreement last October, and we know that there was recently an agreement reached on a new EU-wide data privacy law. The hard part is figuring out what it all means.
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Building blocks of institutional memory in the legal department
It’s a familiar story line about the changing face of the workforce: Boomers are “out” (or at least starting to retire in droves) and taking with them the war stories and best practices carved out of robust work experiences. And Millenials are “in,” along with the perception that this younger generation of workers has a greater tendency to “job-hop” and avoid planting roots with a single company for any extended period of time. For corporate legal departments, this generational difference poses numerous challenges.
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Yates Memo signals heightened focus of DOJ on executives and other personnel of corporate wrongdoers
In September 2015, Deputy Attorney General Sally Quillian Yates announced a policy that appeared to signal that the Department of Justice would proceed more aggressively in targeting individuals involved in corporate wrongdoing. While the increased focus on individual culpability has been long-awaited, it remains unclear what the actual impact of the Yates Memo will be on internal investigations.
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Turning heads as a new GC
So you’ve made it to that coveted position? Congratulations! Here are a few tips that might get you started off on the right foot. These are also great tips for those who have been a GC for a while or are looking to expand their leadership role.
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A global view: Jim Merklinger discusses results of ACC's Global Census Part 2
Tightened budgets and “doing more with less” seem to be the new normal for in-house counsel – so just how have those in the profession responded to this crunch? The Association of Corporate Counsel’s recent 2015 Global Global Census Report shows there have been some changes of opinion regarding the profession globally in the past decade as the times have changed, and provides a view into the current job satisfaction and mobility of this workforce. A few trends consistently emerged in this international view of in-house counsel, and Corporate Counsel Connect had the opportunity to speak with ACC’s own Vice President and Chief Legal Officer James (Jim) Merklinger for his insight regarding those findings.
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SCOTUS to state courts: Our rulings are supreme
Last month, the Supreme Court ruled in DIRECTV, Inc. v. Imburgia, an interesting follow-up to its landmark 2011 AT&T Mobility LLC v. Concepcion ruling. Although the ruling may seem almost a petty squabble between California state courts and the U.S. Supreme Court, Imburgia nonetheless stands for the notion that federal law – specifically, the Federal Arbitration Act – is supreme and that state courts must abide by these laws regardless of any disagreement they may have with them.
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Litigation trend: Website accessibility under the ADA
In 2016, companies should consider examining the issue of website accessibility under Title III of the Americans with Disabilities Act (ADA). Litigation is increasing in this area due to continuing uncertainty surrounding the ADA’s application to some websites, a lack of ADA standards for websites, and an aggressive position taken by the U.S. Department of Justice.
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Cyber Crime Report: Corporate governance of cyber security
There is plenty of information on the impact of cyber crime and on its complexity, but little in the way of information that assists companies to align their corporate governance to deal with the threat. In the future, companies will have to give cyber security a more important profile within the organization as, ultimately, it is
the board’s responsibility.
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TCPA liability exposure for robocalls; Shareholder votes on corporate governance changes in mergers; Responding to invitations to collude
Does your company telemarket? Read about the recent decision that broadens your company's possible liability. Plus learn about the SEC’s two new compliance and disclosure interpretations under the Exchange Act that may make it harder for reporting companies doing M&A deals to simultaneously undergo inversions or effect other fundamental corporate governance changes. Finally, how to train employees to respond to invitations from your competitors to collude.
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10 steps to avoid key risk allocation pitfalls in commercial contracts
Transactional attorneys typically spend considerable time negotiating indemnification and limitation of liability provisions to allocate risk in commercial contracts. However, they can often overlook or misjudge the complexities and impacts of other risk allocation provisions, especially if they are commonly considered mere boilerplate. As a result, parties can find themselves facing more liability than they bargained for when they signed the agreement. The following are 10 steps transactional attorneys can take to avoid common pitfalls when drafting risk allocation provisions.
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