Vol.10, No. 37, Autumn 2016
Back issue
Vol.10, No. 37, Autumn 2016
£125.00
Contents
Page 4259
Next-Level Compliance: What Every Board Member Should Know

This article is geared towards members of Boards of Directors, C-level company leadership, and compliance professionals who recognize the need to continually improve compliance. Why is it important to drive...Read more

Fabiana Lacerca-Allen
Chief Compliance Officer, Cipla, USA
Page 4267
Breaking up is hard to do! Lessons Learned from Separating Contracts in the Largest Tech Split in History
Lessons Learned from Separating Contracts in the Largest Tech Split in History
In recent years, a number of large companies have undertaken corporate separations as a way to unlock shareholder value, increase focus, accelerate growth, and reduce operational complexity. On October 6,...Read more

Peggy Barber
Vice President & Associate General Counsel, Hewlett Packard Enterprise Company, USA
Page 4267
Breaking up is hard to do! Lessons Learned from Separating Contracts in the Largest Tech Split in History

In recent years, a number of large companies have undertaken corporate separations as a way to unlock shareholder value, increase focus, accelerate growth, and reduce operational complexity. On October 6,...Read more

Todd Sulger
Vice President and Associate General Counsel, HP Inc, USA
Page 4277
Product Distribution Challenge Recently Addressed by
Seventh Circuit Court of Appeals in Landmark Decision Under the Robinson-Patman Act *

The passage of the Sherman Act by Congress in 1890 marked the onslaught of an antitrust revolution, which began in the United States and has now taken root in most...Read more

Mark McCareins
General Counsel, Metals Service Center Institute, USA
Page 4283
Interpreting Business Rescue Provisions of the South African Companies Act 71 of 2008: Secured Pre-Commencement Finance Versus Post-Commencement Finance
The South African Companies Act provides for a business rescue process. A current interpretational issue relates to the ranking of claims of creditors who provided secured Pre-commencement Finance in relation...Read more
Stef du Plessis
Specialist In-house Legal Counsel, Corporate and Investment Banking, a division of The Standard Bank of South Africa Limited, South Africa
Page 4297
Certain Legal Problems and Risks in Frame Agreements
Perhaps the most important and frequent agreement in trade is a purchase/sales agreement of tangible goods. A frame purchase/sales agreement, in turn, is an agreement between two or more companies...Read more

Henri Hätönen
Senior Legal Counsel, Uponor Corporation, Finland
Page 4311
Negotiating IT Contracts – A Walk to Canossa?
For many years I have negotiated IT contracts, mainly in Switzerland and Germany, and made valuable experience which I would like to share and gain feedback on it. For the...Read more

Martin Frey
General Counsel, Crealogix AG, Switzerland
Page 4317
EU Data Protection Regulation: A Concise Primer for In-House Counsels on Key Changes in the Regulatory Regime

After years of discussions, wrangling, lobbying and politicking, the EU General Data Protection Regulation (“EU GDPR”) was finalized in the spring of 2016 by EU institutions, which means that it...Read more

Shahab Ahmed
Managing Counsel, Lead Privacy Counsel, Etihad Airways and Etihad Aviation Group, UAE
Page 4323
Employees’ Data Protection in the Workplace and its Legal Implications A Comparative Overview of EU’s Legal Framework.
It is often argued that protection of employees' data and privacy is one of the key issues of employment relationships. Recent advanced technologies have provided the employer with vast opportunities...Read more
Page 4333
Solving the Business Risk Puzzle: Linking Insurance Coverages to Avoid Gaps and Minimize Losses

Increased regulations and class action suits over the last decade have resulted in a new and riskier corporate and management liability landscape—one in which as many as 60 percent of...Read more

John Albright
Chief Legal Officer and Corporate Secretary, Hub International Limited, USA
Page 4341
Legal - Procurement Collaboration: From Tactical to Strategic


From clerks using papyrus to record the amount of labour and materials needed for the construction of a pyramid through to Roman scribes creating contracts, allowing the empire to trade...Read more

Vincent Gautheron
Head of Legal Services Sourcing, The Royal Bank Of Scotland, UK

Savina Stoykova
Procurement Manager – Legal Services Sourcing, The Royal Bank Of Scotland, UK
Page 4349
A Comparative Survey of U.S. Data Protection Schemes for safeguarding Essential Infrastructure Information

The energy sector functions as a key lifeline for economies around the world. In recent years, the security of energy infrastructure has become a global concern, raising questions regarding...Read more

Anna R. Kuperstein
Legal Counsel, TransCanada, USA
Page 4349
A Comparative Survey of U.S. Data Protection Schemes for
Safeguarding Essential Infrastructure Information

The energy sector functions as a key lifeline for economies around the world. In recent years, the security of energy infrastructure has become a global concern, raising questions regarding...Read more

Tracy Penn
Legal Counsel, TransCanada, USA
Page 4361
Can I Destroy This? Managing Corporate Records in an Ever Expanding Recorded World
When one thinks of in-house corporate lawyers, they likely think of contract drafting and review, compliance matters, advising business lines and employees on legal issues, or advising executives on legal...Read more

Daniel Flynn
Corporate Legal Counsel, Heartland Financial USA, Inc., USA
Page 4369
New International Standards Will Help Cloud Customers Understand and Control Risk

Cloud computing offers tremendous economic benefits, but it raises a host of critical challenges for legal and compliance professionals in customer organizations as well as for regulators. Vendor-neutral regulations that...Read more
Craig Shank
Craig Shank, Vice President, Corporate Standards, Microsoft Corp., USA
Page 4377
A Dawn of a New day in EU Data Protection
After four years in the making, on 27 April 2016, the European Parliament and the Council of the European Union adopted and introduced The General Data Protection Regulation (GDPR), also...Read more

Gil Banyas
In-House Counsel, 365 Technologies Inc, Israel
Page 4383
European Data Protection: A Review of the New Regulatory Framework

With less than two years to go until the implementation of the General Data Protection Regulation, in the next in a series of articles on data privacy, Claire Walsh and...Read more

Claire Walsh
Cclaw, UK
Page 4383
European Data Protection: A Review of the New Regulatory Framework
With less than two years to go until the implementation of the General Data Protection Regulation, in the next in a series of articles on data privacy, Claire Walsh and...Read more

Liam Russell
Legal Director, Chartered Insurance Institute, UK
Page 4393
Decisions of ICSID Tribunals on Procedural Issues may not be confused with their Awards


The fnality of arbitral awards rendered by tribunals constituted under the International Convention on Settlement of Investment Disputes (ICSID), 1965 have on many occasions been misconceived. ICSID awards can be...Read more

Professor Charles Chatterjee
Senior Research Fellow, Global Policy Institute, UK

Anna Lefcovitch
Solicitor, Arcadis, UK
Page 4401
Shift your Culture from 'That’s the way we’ve always done it' to
'This is how we can do it!'
Legal departments in every industry and of every size are increasingly focused on how they can drive innovation and creativity amongst their teams to achieve better outcomes. BMO Financial Group...Read more

Bindu Cudjoe
Vice President, Deputy General Counsel, Technology & Operations Legal and Chief Knowledge Officer, Bank of Montreal, Canada
Page 4401
Shift your Culture from 'That’s the way we’ve always done it' to 'This is how we can do it!'
Legal departments in every industry and of every size are increasingly focused on how they can drive innovation and creativity amongst their teams to achieve better outcomes. BMO Financial Group...Read more

Carla Goldstein
Associate General Counsel and Director of Strategic Initiatives, Bank of Montreal, Canada
Page 4409
Innovative Programs in Technology Transfer: An Overview of Cedars-Sinai’s Technology Transfer International Program and Its Complementary Diagnostic Development Unit, 3rd Street Diagnostics


Technology transfer offices at nonprofit academic medical centers face many challenges in their mission to protect and commercialize the intellectual property developed at their institutions. To address these challenges and...Read more

Alexander Chai
Assistant Legal Counsel, Cedars-Sinai Medical Center, USA

Nirdesh Gupta Ph.D.
Director of IP Portfolio Management & Licensing, Cedars-Sinai Medical Center, USA

James Lau
Singapore