In the context of cross-border transactions, whether acquisitions, investments or financings, it is important to understand the implications of using established transaction agreement precedents in multiple jurisdictions; including the use of the binding and non-binding letter of intent (LOI), the signed and unsigned agreement, the obligation to negotiate and execute in good faith, the application of the miscellaneous clauses and especially whether you think your agreement is the “entire agreement.” In Canada, there are two legal traditions (English Common Law and Quebec Civil Law), which in certain circumstances differ from US common law; these differences must be noted before entering into negotiations. The standard form contract or boilerplate may burn you if you are not careful. Panelists will review the traditional transaction steps between offer or LOI to the definitive agreement and specific provisions that are drafted the same but used in different jurisdictions.
Brazil's 2014 Anti-Corruption Law introduces administrative and civil liability on legal entities for illicit acts practiced against local and foreign public administration. Learn more about how this law will be enforced. This article is in Portuguese.
Early this year, the Anti-Corruption Law came into effect. It introduces administrative and civil liability on legal entities for illicit acts practiced against local and foreign public administration. Learn more about how this law will be enforced. This article is also available in Portuguese:
<p><a href="http://www.acc.com/legalresources/resource.cfm?show=1361091">The New Brazilian Anti-Corruption Law Comes Into Effect (Portuguese)</a></p>
This check card is a printable resource with practical advice for the dos and don'ts of dealing with attorney-client privilege in the United States.
This Wisdom of the Crowd (ACC member discussion) addresses concerns and tips for managing attorney-client privilege in an open office environment, under US law. This resource was compiled from questions and responses posted on the forum of the Law Department Management and Small Law Department ACC Networks.
This QuickCounsel is intended to assist counsel and human resource professionals in quickly understanding the basic concepts of social media employment issues.
This article considers how the duty of good faith impacts on the on-going relationship between franchisor and franchisee in the civil and common law traditions.
ACC members answer the following questions: Do we need malpractice coverage to protect ourselves against claims of clients, shareholders and third parties, or is D&O enough? How do the policies work, what do they cost, and how does one justify the cost?
Negotiating a contract is a hybrid legal and business function that is often performed by business people with no formal legal education. During contract negotiations, different rules and obligations apply to a lawyer depending on whether the party on the other side of the table is represented by counsel. Learn about these rules so as not to be caught on the wrong end of a deal.