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Corporate Counsel Connect collection

May 2016 edition

In this issue

Featured insight


Sterling MillerThe Insider: Litigation financing – let’s make a deal!
It is a common refrain in legal departments all around the globe: How do we get enough money to do the things we need to do to protect the company? There are always more matters clamoring for money than there is money available. This is especially true with litigation. If your company is being sued, you have little choice other than to spend the money needed to defend your interests. If the company has meritorious claims, then it often faces the difficult choice of whether to spend the money needed to proceed.
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Best practices


GuttermanSelection and use of foreign counsel
Before too many steps are taken down the road in pursuing a particular “going global” transaction or activity, companies need two important things: an overview of the legal framework that will govern the transaction or activity, both domestic and foreign, and local counsel in each of the foreign countries in which the transaction or activity will take place. Local counsel in a foreign country can serve as an invaluable aid on matters relating to local law and procedures, and can also be the primary contact with local officials and regulatory bodies.
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Compliance attgorneyCompliance attorneys are in demand. Here’s why.
A mix of outside counsel and in-house attorney, compliance attorneys are the liger of the legal industry. They’ve managed to straddle both the corporate and private practice worlds, and they’ve been getting a lot of press as the solution to legal unemployment and corporate regulation. Why all the hype?
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Legal insights


Jeremy ByellinHas the Supreme Court reversed course on class actions?
Since 2010, the Supreme Court has been particularly active in the area of class-action lawsuits. In fact, the Court has addressed rulings on the subject more frequently in the past six years than it had in the 30 years prior. And as most Court observers would point out, these rulings have been unfriendly to plaintiffs, almost without exception.
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Cheng and KassingerFDI in the U.S. expected to accelerate, litigation and regulatory risks remain – what GCs should know
Facing a slowing Chinese economy, plummeting currency valuations, and an erratic stock market, investors in China are looking for higher returns and strategic acquisitions overseas. That includes the United States, which many view as the most attractive market for investment. Much of the appetite for investing in the U.S., in particular, comes from Chinese companies seeking to stimulate growth by making strategic acquisitions or investments in a more attractive and stable environment.
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Keeping up with compliance & risk


Timothy O'TooleFive important things all general counsel should know about U.S. trade sanctions
As most general counsel are aware, U.S. trade sanctions are complicated. Most sanctions are administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control, which has issued volumes of regulations setting forth what is allowed and more importantly, what is not allowed. U.S. exports to sanctioned countries are also heavily regulated by the U.S. Department of Commerce’s Bureau of Industry and Security, which also has extensive regulations. Getting up to speed on these regulations is hard enough, but unfortunately, they are also constantly evolving.
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Know-how corner


Landmark FCPA settlement; Third parties in merger challenges; Conducting trademark audits
Read about VimpelCom Limited’s $800 million settlement with the U.S. and Dutch authorities for their part in bribing an Uzbekistan government official and find a few tips to avoid their fate. Also learn about the role that your company may unwittingly play as a third party in a merger challenge, and how to conduct trademark audits.
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This month's top 10


Top 10 draftingTop 10 drafting pitfalls
There seems to be no shortage of high-profile drafting disasters in the legal press. Perhaps the most famous is the ownership dispute over the Los Angeles Dodgers. Many drafting disasters can be traced to simple mistakes. Below are 10 frequent ways that contract drafters get into trouble, as well as some tips to steer clear of disasters.
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