Vol.11, No. 42, Winter 2018
Back issue
Vol.11, No. 42, Winter 2018
£125.00
Contents
Page 5057
Countering Bias in Expert HR Systems: A Procurement Guide for In-House Counsel

People analytics – the focusing of so-called big data on human resources – is a tool for finding those factors that correlate with workplace success. Done right, people analytics can...Read more

Steven Sheinberg
General Counsel and SVP, Privacy and Security, Adl, USA
Page 5065
One Size Doesn’t Fit All: The Importance of 'Right-Sizing' Contracts with International Suppliers
Supply chain and vendor relationships are a crucial component to the success of companies with a global footprint. Those relationships hinge on the contract terms that uphold the pillars of...Read more
Jessica Buchok
Managing Attorney, Franchise World Headquarters, LLC, USA
Page 5071
The Cost of Inter-jurisdictional Inconsistency of Law and its Application: A Way Forward 
This paper discusses the cost to business of inconsistent laws and inconsistent application of equivalent laws between jurisdictions. It suggests that the ‘real’ cost to business, and the flow-on economic...Read more

Anne Mustow
General Counsel & Company Secretary, Bunnings Group, Australia
Page 5079
Client Centricity & the In-House Lawyer 
The practice of law has evolved, particularly given the advent of significant technological advances, enhancements, and the evolving nature of the business world. Twenty years ago, first year law students’...Read more

Kari Loeser
Senior Counsel, Jazz Pharmaceuticals, USA
Page 5091
Benefits of a Global Mindset to the Administrative Backbone of an Intellectual Property Department 
The backbone of a well-functioning Intellectual Property department is made up of three major elements: the people, the systems and the processes that connect those people and systems.
This paper...Read more

Maja Schmitt
Head of Global Administration, Dsm, Netherlands
Page 5101
Revisiting Open Source



Not so long ago, software industry leaders and academics debated the viability of open source and related business models. While open source debates and criticisms have evolved, much confusion...Read more
Dorian Daley
Executive Vice President, General Counsel and Secretary, Oracle, USA
Ruchika Agrawal
Senior Corporate Counsel, Oracle Corporation, USA
Matthew Sarboraria
Real Estate Services, Legal Services and General Counsel, Oracle Corporation, USA
Deborah Miller
Sr Corporate Counsel (CAPs), Oracle Corporation, USA
Page 5113
CAPE DISTRIBUTION LTD v CAPE INTERNATIONAL HOLDINGS PLC
How a Parent Company May be Held Liable in Torts for the Negligence of its Subsidiaries

Interestingly enough, despite the fact that over the years the English Courts have handed down a considerable number of judgments on the issue of the extent of liabilities that a...Read more

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

Anna Lefcovitch
Solicitor, Arcadis, UK
Page 5121
PEP Talk: Dealing with a Politically Exposed Person on your Team

The concept of Politically Exposed Person (PEP) figures prominently in the know-your-customer due diligence required of financial institutions in the fight against bribery, corruption, money laundering and terrorism finance. By...Read more

Jürg Gassmann
Director and General Counsel, Envisionation Limited, Ireland
Page 5131
Metric Programs for In-house Counsel Work
Numbers don’t tell a story. We tell a story about the numbers.
In-house attorneys are under increasing pressure to produce numbers – metrics - which measure their work. The pressure comes...Read more
Suzanne Miller
Director and Managing Counsel, HP Inc., USA
Page 5139
The Proactive Approach to Intellectual Property
In-house counsel play a crucial role when developing and managing a company’s intellectual property portfolio. For example, through leading in the development and management of an effective and robust intellectual...Read more

Richard Sedory
General Counsel, Wastequip, USA
Page 5148
IACCM Contracting Principles


Whether you are a customer or a supplier, Speed to Contract (“S2C”) produces benefits. The faster parties come to “yes,” the sooner critical products or services can drive a customer’s...Read more

Hal Bretan
Chief Counsel, BT Americas Inc., USA

Lita Bollimpalli
Assistant General Counsel, Verizon Enterprise Solutions, USA

Sally Hughes
Chief Executive Officer, IACCM - International Association for Contract and Commercial Management, UK
Page 5151
Legal Implications of Sustainable Value Chains for the Multi-National Company


Evolving international regulations are driving sustainability innovation and improvement in many value chains. Additionally, business-to-business relationships are further creating voluntary self-regulatory influences. This is impacting and complicating supply chain decisions...Read more

Deborah Eldridge
Law Professor, Saint Petersburg College, USA

Wende Huehn-Brown
Professor, Saint Petersburg College, USA
Page 5165
Status of Forces Agreements and Defense Cooperation Agreements:
A Primer for US Defense Contractors
Some of the largest US government defense contracts are for work to be performed OCONUS; that is, Outside of the Continental United States. The US Department of Defense (DOD) spends...Read more

David Newsome
Senior Legal Counsel, KBRwyle, USA
Page 5175
The Cloven Business: Legal Complexities of Carve-outs in a
Business Divestment Context

Many companies decide to divest full business divisions or units, spanning a whole range of economic activities, as part of their strategic portfolio review.
The motivation is not always the low...Read more

Camélia Gardot
Senior Director of Compliance, Hertz, France
Page 5189
The Challenge of Integration of Regulation: Sub-sets of Financial Services

This article will look at the growth of regulation in the financial services industry in the EU. It will show how from fragmentation, there has been a move towards integration...Read more

Solomon Osagie
Chief Legal Counsel, TSYS International, UK
Page 5201
From Compliance to Commitment: The Way We Work at Walmart

Walmart was my first introduction to the retail business. Before moving from Houston, Texas, to Bentonville, Arkansas, I spent the prior twenty years working for other large corporations in different...Read more
Daniel Trujillo
Chief Ethics & Compliance Officer Walmart International, Wal-Mart Stores, Inc., USA
Page 5209
Fintech, Regtech and Impacts on In-House Legal Departments

“Fintech” is the acronym for financial-technology. Innovation is strongly changing the finance sector and such changes affect also the legal environment. On one hand, lawyers are asked to provide legal...Read more

Andrea Brancatelli
Assistant General Counsel - Europe, MoneyGram, Ireland
Page 5217
Doing Business in Brazil From a Tax Perspective
For some years Brazil has been the option of some multinational companies when establishing their first presence in Latin America. As any another country, Brazil has its peculiarities such as...Read more

Paloma Mansano
West Europe/Latin America Legal Head, Bentley Systems, Incorporated, Brazil