Compliance And Ethics

This is a checklist to follow when faced with a government search.

In the Netherlands, business owners have to request the advice of the Works Council (OR) well in advance of a merger of takeover decision. If the business owner fails to make the request for advice timely, the Enterprise Chamber may require him or her to withdraw the decision. Therefore, it is crucial to follow the advisory path correctly and consult the works council well in advance. But what does "well in advance" mean?

This session will discuss how to handle uncomfortable situations that in-house counsel encounter during contract negotiations that raise ethical questions. The Rules of Professional Conduct (RPC) are sometimes unclear and don't necessarily apply when it comes to everyday tasks of a commercial lawyer. This session will review the RPC and answer questions such as: How to deal with non-lawyers who say that they have the authority to negotiate without a lawyer present? What to do if the opposing party has not had legal advice, a contract is signed by an entity that does not exist, or the other side does not understand the implications of what it is agreeing to? Is there a duty to read a draft or redline a final copy to ensure no changes have been made? How to handle situations when a third-party attorney contacts your client without your involvement?