In Australia, whistleblowers are protected by law and recently, are gaining more protections. In this article, learn more about how company's interact with whistleblowers, who constitutes a whistleblower and how in-house counsel can prepare for such issues.
This article clarifies the notice from the Securities and Futures Commission of Hong Kong (SFC) about alternative procedures available to intermediaries to verify individual clients' identities when onboarding them online. This resource was produced in July 2018.
This cross-border checklist highlights distinctive legal, business and regulatory issues when doing a deal in Canada.
Global supply chains have been greatly disrupted by the COVID-19 pandemic, sending companies scrambling to find both new sources of supplies and new customers for their products. But even as businesses struggle to find their footing in this new international marketplace, they also must be aware of US sanctions. Aggressive enforcement of US sanctions programs continues, even in the COVID-19 environment, and companies face increasing pressure to perform robust due diligence on their counterparties to reduce the risks of sanctions non-compliance.
This is a brief Legal Quick Hit Overview
Due to lockdowns from the COVID-19 pandemic and associated disruptions, many in-house lawyers find themselves working from home – or at least not working from their offices. But it’s important to remember that the American Bar Association’s Rules of Professional Conduct apply no matter where you are physically located. This resource will provide five tips for maintaining your professional ethical obligations in this unprecedented time.
The recently published report from the survey conducted by Polish law firm Wierciński, Kwieciński, Baehr Sp.k. (WKB) in cooperation with the Polish Association of General Counsel (the “Report”) provides useful insight into key compliance trends in Poland. In this Quick Overview, learn more about how compliance programs are viewed and internalized in Poland.
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.
The Dubai Multi Commodities Centre (DMCC) Authority has recently issue new company regulations. These new regulations provide more clarity and flexibility for businesses wishing to conduct business in and from the DMCC.
Wage compliance is a serious matter that can involve Human Resources (HR), the board and you. In this article, learn about what to do and how to respond to these issues.
This article appears in the Australian Corporate Lawyer, Volume 30, Issue 1 - Autumn 2020
In this example of possible "Notice" language about Whistleblower Immunity, language is constructed to inform a possible whistleblower of their rights and immunity.
In this Sample Acknowledgement Form, an incoming employee is reviewing and acknowledging the trade secrets policy the hiring company has instituted.
In this multi-jurisdictional guide, explore an overview of key legal issues, rules and developments regarding bribery and corruption across a range of jurisdictions.
When in-house counsel join a legal department, they might be tasked with building a compliance and ethics program. This article explains some basic starting points on how in-house counsel can start this project.
This sample form provides a template for a voluntary self-disclosure with the Office of Inspector General. Self-disclosure gives providers the opportunity to avoid the costs and disruptions associated with a Government-directed investigation and civil or administrative litigation. This document should be tailored to your specific situation and legal questions through legal consultation.
This sample checklist provides a comprehensive list of components to be considered in an employment contracts audit. The checklist should be adapted to your unique situation and legal questions through legal consultation.
The focus on culture has become more acute during the COVID-19 pandemic, as investors and consumers observe and judge companies based on their navigation of the crisis, particularly treatment of employees and wider societal stakeholders. In our view, the global regulatory direction of travel is clear. Companies and investors planning an exit must consider the impact that poor corporate culture may have on their potential to achieve an exit, in particular an IPO, and to prosper as a company in the longer term.
This “Guide” is not meant to be an exhaustive analysis of the return-to-the-office situation post-Covid; rather, it should be used as a starting point for employers to create or update their policies and practices in conjunction with a thorough analysis of all applicable laws, ordinances, and guidance.
In this multi-jurisdictional guide, explore an overview of key legal issues, rules and developments regarding cartels and enforcement across a range of jurisdictions.
In his address to the Committee for Economic Development Australia, Chair Rod Sims announced the Australian Competition and Consumer Commission’s (ACCC) Compliance and Enforcement priorities for 2021. The ACCC’s priorities for 2021 are consistent with their 2020 update, but COVID-19’s impact has been taken into account, in addition to the various competition, consumer and aw reform matters.
This article describes the developments made to whistleblower laws and protections in Australia. Protections have been increased for whistleblowers; additionally, immunity policies have been outlined by the Australian Securities and Investments Commission in order to further encourage the disclosures of misconduct.
This article examines the issues with existing regulatory regime for, under the Australian Securities and Investments Commission (ASIC), Unfair Contract Terms (UCTs) in Australia and how the Treasury released its Regulation Impact Statement for Decision, titled ‘Enhancements to Unfair Contract Term Protections’. The aim of the Impact Statement and related proposals is to make UCTs and unreasonable contracts unlawful.
This resource takes a look at a recent amendment to the Civil Code of the People’s Republic of China, which took effect on 1 January 2021. The amendment the Civil Code, Article 1010 has introduced new policy and principles on what constitutes sexual harassment, expanding the scope of recipients to include men, in addition to introducing specific obligations and potential liability for employers in this area.
This sample form provides a Research Misconduct Policy that assists research staff members to establish and maintain high standards of ethical practices in research. The form contains policy that describes ongoing obligations of research staff to promote an environment that supports ethical research and process.
A selection of resources regarding the new standard contractual clauses adopted by the European Commission on June 4, 2021, regarding the transfer of personal data under the European Union's General Data Protection Regulation (GDPR).
In this multi-jurisdictional guide, explore an overview of key legal issues, rules and developments regarding corporate immigration across a range of jurisdictions.
The noticeable refocussing of attention by boards on the non-financial risks organisations take has created opportunities for in-house counsel to refresh our value proposition to employers. However, have we truly seized these opportunities for what they are, and, if we have, are we ready to take them on and deliver on expectations?
In-house lawyers in their role as legal advisors to corporations, government departments, or other bodies or organisations are no different from other lawyers. However, because the client of in-house lawyers is usually their employer, some unique ethical challenges can arise for them.
This article provides several mitigation measures that banks and other financial institutions could take in order to minimize the impact of any conflicts between foreign legislations on Hong Kong-related sanctions that have arisen due to the rise of geo-political risks.