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The Association of Corporate Counsel (ACC) is the world's largest organization serving the professional and business interests of attorneys who practice in the legal departments of corporations, associations, nonprofits and other private-sector organizations around the globe.

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Sample Forms, Policies, and Contracts

Ten Things: Creating a Good Contract Playbook

By Sterling Miller

Contract playbooks help the legal department, executive team, and sales understand which contracts are acceptable and which contracts the company will walk away from. This article walks through the process of creating a contract playbook.

Sample Forms, Policies, and Contracts

Parts Development Agreement

This is a sample services agreement regarding vehicle parts development and supply between a supplier and a client company.

Sample Forms, Policies, and Contracts

Litigation Hold Policy for Commercial Disputes

This is a sample litigation hold & document preservation policy informing employees of the company's rules on preserving evidence in contexts where the company is a defendant in a commercial dispute.

Articles

Russia–Ukraine Conflict Increases Regulatory Risks for Sanctions Evasion Through Crypto-Based Transactions

By Cari Stinebower, Carol Alexis Chen, Dainia Jabaji, Jacob Harding, and Dhruva Krishna, Winston & Strawn LLP

In response to Russia invasion of Ukraine, the United States and dozens of its allies and partners around the globe have imposed what the White House has called, "the most impactful, coordinated, and wide-ranging economic restrictions in history." This article (1) provides an overview of OFAC sanctions jurisdiction and circumvention prohibitions, (2) summarizes recent Russia sanctions, (3) provides a synopsis re sanctions evasion through cryptocurrency, (4) highlights existing US regulatory guidance regarding sanctions evasion through cryptocurrencies, and (5) recommends measures that persons and companies may wish to consider to mitigate the risk of sanctions violations.

Articles

Landmark Bipartisan Legislation Attempts To Create Long-awaited Regulatory Framework for Digital Assets

By Daniel T. Stabile, Kimberly A. Prior, and Gabriela Ana Plasencia, Winston & Strawn LLP

Governments and regulators have struggled to keep pace as new digital asset classes and other blockchain applications have risen to prominence. This regulatory uncertainty has caused confusion in the markets and impeded greater adoption of distributed ledger technologies in the United States. However, on June 7, 2022, US Senators Kirsten Gillibrand (D-NY) and Cynthia Lummis (R-WY) introduced the Responsible Financial Innovation Act (RFIA), the first major piece of US federal legislation to provide a reasonably comprehensive regulatory framework for digital assets. This article discusses the most significant provisions of the RFIA.

Articles

Supreme Court’s “Major Question Doctrine” Challenges Administrative Agencies

By Linda T. Coberly, Jonathan D. Brightbill, Andrew Tauber, and Brandon Duke, Winston & Strawn LLP

The US Supreme Court has long been skeptical of novel proposals by federal agencies to address issues of vast economic and political significance. In West Virginia v. EPA, the Court made clear that its past cases reviewing novel applications and interpretations of agency powers do constitute an identifiable “doctrine” for application by courts going forward. When an administrative agency makes a “major policy decision,” it must have “clear congressional authorization” to do so. This case may represent one of the Supreme Court’s most significant administrative law decisions since Chevron U.S.A. Inc. v. Natural Resources Defense Council in 1984.

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