The author discusses a time when his company failed to comply with the Occupational Health and Safety Agency’s Process Safety Management standards. For years, he blamed the leadership of others; however, in this article he reflects on the role he played.
Companies in the energy industry continue to face scrutiny from federal securities regulators and private securities class action lawyers on numerous fronts. Energy industry participants should be particularly mindful of the following enforcement initiatives and shareholder litigation trends.
In 2002, with the enactment of the new Brazilian Civil Code, the Brazilian Commercial Code lost much of its relevance and content, since the rules that regulated business activity were largely incorporated into the new Civil Code. More importantly, the changes introduced by the Civil Code in corporate law brought uncertainty and changes to known concepts and rules. Due to the controversy this has generated, the Brazilian Congress has recently been discussing a new Commercial Code. This article discusses the latest version of the Code, which has been released for public consultation.
As we shall demonstrate in the first part of this chapter, there are many questions yet to be answered before private enforcement takes off in Brazil. Basic questions such as who, when, how and what may need to be clarified before plaintiffs feel comfortable initiating an extremely long and expensive recovery of damages. The second part of this chapter will report on the current status of the major private cases initiated in the past years. Finally, suggestions will be provided to address the lack of incentives to seek private antitrust enforcement in Brazil.
This inaugural report highlights the current key trends and themes in the global data centre industry and provides an outlook for the data centre market in 2014.
A short article on the dominant purpose test, focused on the change in evidential burden on parties after the decision in Tchenguiz v. SFO.
On 4 February 2014, the Singapore High Court, in The Titan Unity (No. 2), confirmed that a non-signatory to an arbitration agreement can be joined in an arbitration only with the consent of all the parties concerned. The decision is of interest, as it highlights the issue of joining non-signatories to an arbitration and consolidation of related arbitration proceedings.
Within the United States, physical markers like road signs and flags often distinguish state borders. Still, the less obvious dividing lines that separate states have the deepest impact. Legal landscapes vary widely from state to state, particularly in the employment context. For employers who manage a multistate workforce, staying compliant with all applicable laws can be a challenge. Read this article for an overview of the laws related to lesbian, gay, bisexual and transgender (LGBT) employees, marijuana use and firearm possession.
The Social Venture Connexion (SVX) is an online investing platform for connecting accredited investors with impact ventures and impact funds that focus on achieving positive social and/or environmental outcomes.
This article describes the SVX model in detail, including the regulatory regime under which SVX operates and the investor protections that
are built into the SVX platform.
As in-house counsel, some of the most complex issues to manage relate to wage and hour. These issues may pose significant exposure to your organization so ignoring them or fixing them incorrectly can spell disaster. This article provides some guidance for in-house counsel seeking to evaluate wage and hour practices.