Books
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$USD275
A Complete Guide to: Corporate Governance and Compliance
Over 150 pages of articles written by leading in-house counsel about Corporate Governance issues affecting in-house counsel today.A unique one stop source of information on how leading in-house counsel are dealing with Corporate Governance issues facing the global counsel community
By reading this authoritative guide you will:
Find out about:
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How leading companies manage corporate governance
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Corporate Governance liabilities and obligations of
directors of commercial companies
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The role of internal audit in corporate governance
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Corporate Governance structures and implementation
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The issues of compliance for International Groups
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Regulatory compliance programmes recently introduced by leading companies
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Binding Corporate Rules (BCR)
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Function, Models and Instruments of Listed Companies
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The role off shareholders and management
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Corporate Governance Ratings
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Challenges of Antitrust Compliance
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How directors or shareholders in a corporation can be held accountable for the liabilities and debts of the corporation
Learn how to:
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To create your own compliance programme
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How to keep your company "clean"
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Be compliant, locally and internationally
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Use technology in corporate governance programmes
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Implement a SOX Compliant Whistle-blower Policy in Europe
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Effectively manage corporate governance
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Apply the knowledge of experienced in-house counsel
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Understand methods used to ensure your company is compliant
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Identify weaknesses in your company corporate governance structure
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Mitigate the risk of not being compliant
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Educate senior management
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Develop systems to monitor activity throughout the company to ensure that it is compliant across the world
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$USD275
A Complete Guide to: Managing the In-house Counsel Legal Function
Over 160 pages of articles written by leading in-house counsel about issues affecting in-house counsel today.
29 insightful Articles written by 34 leading in-house counsel from across the world all in one book
Find out about:
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The latest thinking on negotiating external legal fees
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Communicating, Motivating, Retaining staff
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Managing Reward Satisfaction of In-House Counsel
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Utilising the appraisal system
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The impact the "cloud" will have on data security
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When the U.S. can exercise jurisdiction abroad
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The issues of compliance for international groups
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What does it mean to be an in-house lawyer?
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Anticipating Reputational risk of your business
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The most appropriate processes for the protection and exploitation of IP
Learn how to:
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Run your In-house Team like a Profit Centre
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Lead a Global In-house Team Get Value from External Legal Providers
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Make the Transition from Private Practice In-house
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Formulate an IP Strategy
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Manage Dawn Raids
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Manage Risk Prepare for Nationalisation
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US Jurisdiction Abroad
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Corporate Governance
Contents
A Simple Yet Effective Guide to Managing a Team
Rachel Cunnningham-Day, General Counsel, SwapsWire, UK
Managing an Effective Investment Bank Legal Department
Hubert de Vauplane, General Counsel, Calyon, France
How To Run Your In-House Legal Department Like a Profit Center
Susan Diehl, Vice President , General Counsel and Secretary, Holcim Ltd, USA
Challenges and Opportunities for Corporate Counsel in a Distressed Market
Catherine Kearns, Associate General Counsel, ORIX Aviation, Ireland
From Private Practice to In-house – Making the Transition
Alice Chan, General Counsel, Pacific Century Premium Developments, Hong Kong
One Day of Leading a Global Legal Team
Edith Shih, General Counsel, Hutchinson Whampoa, Hong Kong, China
How Law Firms Can Develop More Effective Client Relationships
Brian Swartz, SVP, Legal & Commercial, Aecon Group Inc, Canada
Managing Reward Satisfaction of In-House Counsel:
Lessons from an Empirical Study of In-house Counsel in Australia
Michael Johnston, Counsel & Head of Employee Relations Legal, Westpac Group, Australia
In-House Legal Counsel and Enterprise Risk Management
Zhang Jianbin, Head of Legal Department, China Telecom Corporation Limited, China
“Thank you for your co-operation”
A practical Perspective on Managing Dawn Raids and Regulatory Investigations
Frank Govaerts and Paul Van Reesch, General Counsel, Coca Cola, Belgium
In-house Legal Counsel in a Bank: Tasks and Chances
Luca Bonzanini, General Counsel, UBI Banca S.c.p.a., Italy
The Role of the In-house Lawyer in a Russian Bank.
Central Bank of the Russian Federation (CBR) Regulatory Environment
Stella Gukova, Head of Legal and Compliance, ZAO Sumitomo Mitsui Rus Bank, Russia
Cloud Computing in Asia: Perspectives for In-House Counsel
Antony Cook, Associate General Counsel, Microsoft Corp, Singapore
John Galligan, Regional Director of Internet Policy, Asia Pacific, Microsoft Corporation, Singapore
Challenges of Antitrust Compliance for Global Companies
Jean-Yves Trochon, Group Deputy General Counsel, Lafarge Mep, France
Can you Prepare for Nationalization? 10 Things That YOU Can Do NOW!
Gastón Bilder, Former General Counsel, Empresa Petrolera Chaco SA , Bolivia
Formulating an IP Strategy
Nicola Proudlock, General Counsel and Company Secretary, Snell & Wilcox Group, USA
United States Jurisdiction Abroad
Fabiana Lacerca, Senior Vice President and Chief Compliance Officer, Mylan, USA
Reach of U.S. Hands Across the Waters May Impact
Susan Friedman, Senior Vice President & Employed Lawyers Practice Leader, Marsh Inc, USA
Situation in India as compared to other countries with specific reference to
Corporate Governance in US situation in India
Vivek, Sadhale, Company Secretary and Head - Legal, Persistent Systems, India
Fees and Value in Legal Services
Kathryn Britten, Vice President and General Counsel, BDO Stoy Hayward, UK
Deepak Malhotra, Vice President and General Counsel, InBev, UK
Agreeing Terms of Business
Marie Daly, Head of Legal and Regulatory Affairs, Irish Business and Employers Confederation, Ireland
What the buyers think…
Richard Tapp, Company Secretary & Legal Director, Carillion plc, UK
Establishing a Value for Fees
Benjamin Dornic, Senior Vice President - General Counsel China, Lafarge China, China
Pricing Schemes
Steven Glazer, Administrative Law Judge, Federal Energy Regulatory Commission, USA
Purchasing Legal Services in India and the Middle East
Bala Balakrishnan, In-House Counsel, Symbiosis Institute of Business Management, India
A Successful Litigation Outsourcing Model
Ricardo Lagreca Siqueira, General Counsel, SKY Brasil Serviços Ltda, Brazil
Managing the Costs for a Financial Institution such as ours is Key to Success in such Challenging Times
Omar Haydar, Principal - Legal, Capivest, Bahrain
Structuring a Fee Relationship
Sam Snider, Vice President & Lead Acquisition Counsel, LexisNexis, USA
Paperback delivered worldwide free of charge via Royal Mail delivery Royal Mail - Europe 1-2 weeks, Americas and ROW 2-4 weeks
DHL at extra charge 1-6 days Worldwide
Learn More -
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$USD275
Over 150 pages of articles written by 19 leading in-house counsel about Competition/Antitrust issues affecting in-house counsel today.
A unique one stop source of information on how leading in-house counsel are dealing with Competition/Antitrust
By reading this authoritative book you will:
Find out about:
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Ofcom’s recent decision requiring Sky to wholesale its Premium Sports Channels
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Cartel Indicators
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Information Exchange
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Exemption Requests
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Dominant companies and how to identify them
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Challenges of antitrust compliance for global companies
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International competition law compliance
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Challenges of antitrust compliance
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Divestment after Mergers and Acquisitions
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Horizontal Competitor Contact
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Different approaches to pricing and reimbursement
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New financial reform and competition laws
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The regulatory approach of the European Commission in the field of telecommunications regulation
Learn how to:
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How to handle a Competition Commission Inquiry
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React to Dawn Raids and Regulatory Investigations
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Gather competitive intelligence through EDGAR Filings
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Conduct competition law training in-house
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Effectively manage competition/antitrust affairs
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Overcome the challenges of antitrust compliance for global companies
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Apply the knowledge of experienced in-house counsel
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Identify weaknesses in your company competition structure
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Educate senior management
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Develop systems to monitor activity throughout the company to ensure that it is compliant across the world
CONTENTS
An Effective, Practical Approach to International Competition Law ComplianceKent Bernard, Member, Bar of the Commonwealth of Pennsylvania, U.S.A., Kent Bernard, USA Cartel IndicatorsMs. Rahat Kaunain Hassan, Member (Legal), The Competition Commission of Pakistan The Role of "Unbundling" in the Electricity SectorMatteo Grassani, Head of Legal Department, Endesa, Italy The Future of the Insurance Block Exemption Regulation – or How Special is the Insurance Sector?Dr. Jeannine Bartmann M.B.L.-HSG, Group Legal Services, Allianz SE, Germany Different Methods of “Dominating the Market”Yury Bochenkov, Head of Legal Department, Orange Business Services, Russia Waiting for Convergence: Global Competition Law Counselling in a Changing WorldMillie Calhoun, Senior Attorney, Antitrust and Trade Regulation, BP America Inc, USA The changing nature of the decision-making activity of the European Court of Justice and the regulatory approach of the European Commission in the field of telecommunications regulationAlice Selby, LL.M., Senior Regulatory Counsel, T-Mobile Czech Republic a.s., Czech Republic Overview of Ofcom’s Recent Decision Requiring Sky to Wholesale its Premium Sports Channels to Competing Retail Operators in the UKCiaran Walker , Fomerly Senior Competition Counsel, BT, UK The New Financial Reform and Competition Laws in Colombia: Key Points for Bank In-House CounselAntonio José Núñez, Country Legal and Compliance Head, Citibank, Colombia "Thank you for your co-operation": A practical perspective on managing dawn raids and regulatory investigationsFrank Govaerts, General Counsel and Paul Van Reesch, Senior Counsel, Coca-Cola Enterprises Europe Group, Belgium Horizontal Competitor Contact: 'Don't call us and we won't call you'Lee Callaghan, Senior Corporate Lawyer, Aviva Plc, UK What Every In-House Lawyer Needs to Know About a UK Competition Commission Inquiry Before it Starts –10 Suggestions to Help you Manage the Process.Lee Callaghan, Group Competition Counsel, Aviva plc. UK The Case Handling Process of Korea Fair Trade CommissionJoong-weon Jeong, Officer for general Committee Management, Korea Study of an Exemption Request Presented by The Jordanian Company for Unified Reservations Ltd. "JETT Company, Alpha Company Aad Petra Company"Hussein Al-Hamadani, Competition Directorate Director, The Ministry of Industry and Trade, Jordan Smart v ComReg (2006): Lessons Learnt from Successfully Defending Private and Public Law ProceedingsMark Hughes, Legal Advisor, Commission for Communications Regulation, Ireland Reading Between the Lines: Competitive Intelligence Through EDGAR FilingsRussell L. Boltwood, EVP/General Counsel, Transpacific IP Management Group Pte., Ltd., Singapore Conducting Competition Law Training In-houseLalita Bajwa, Retired In-House Counsel, Singapore Different Approaches to Pricing and Reimbursement of Innovative Pharmaceutical Products in EuropeRenato Dellamano, President, ValueVector S.r.l. , Italy Challenges of Antitrust Compliance for Global CompaniesJean-Yves Trochon, Group Deputy General Counsel, Lafarge Mep, FrancePaperback delivered worldwide free of charge via Royal Mail delivery Royal Mail - Europe 1-2 weeks, Americas and ROW 2-4 weeks
DHL at extra charge 1-6 days Worldwide Learn More -
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$USD275
An In-House Counsel Perspective to Managing Intellectual Property
Over 150 pages of articles written by 23 senior in-house counsel about Intellectual Property issues affecting in-house counsel today
A unique one stop source of information on how leading in-house counsel are dealing with Intellectual Property issues facing the global counsel community
Contents
How Much Value is Your Company Losing? Implementing Effective Intellectual Property Management Gunnar Wieboldt, Senior Corporate Counsel, Talecris Biotherapeutics, USA Protecting Your Assets: L'Oréal v. Bellure Evie Kyriakides, Senior Marketing Property Manager and Regional Trademark Counsel, Mars, Incorporated, UK Dealing With Collection Societies Johannes Ulbricht, In-house Legal Counsel, Exit Games GmbH, Germany Practical Advice for Managing Patent: Litigation for the Small Legal Department Practitioner Daniel Anixt, Senior In-house Counsel, USA Open Innovation Collaborations: Practical Guidance for In-House Patent Attorneys Matthew Goodwin, Vice President, Global Head of Patents and Chief Patent Counsel, Unilever, UK & Rimma Mitelman, Head of Patents U.S., Associate General Counsel, Unilever, USA Intellectual Property Audit for Information Technology Service Companies Pinaki Ghosh, Head - IP Cell, Infosys Technologies Limited, India Standards & Patents: The Increased Interplay Between the Two Jim Harlan, Senior Attorney & Hope Shimabuku, Legal Counsel Research In Motion (RIM), USA Functions of a Trademark- a way of seeing life? Nina Barzey, IP lawyer, Sandvik Intellectual Property AB, Sweden Patent Reform: How do we cross the finish line? Matthew Fawcett, Senior Vice President and General Counsel & Jeremiah Chan, Senior Intellectual Property Counsel, JDS Uniphase Corporation, USA Unintended Negative Consequences of Joint Ownership of a Patent Rodney L. Sparks, J.D., Ph.D., Senior Biotechnology Patent Counsel, University of Virginia Patent Foundation, USA The Differences in the Intellectual Property Needs of Companies David Broodryk, Manager: Intellectual Properties Services, M&I Group Limited, South Africa Navigating Through the IP Landscape Within US Intercollegiate Athletics Jay Rossello, Director of Legal Affairs, National Collegiate Athletic Association (NCAA), USA ‘Virtual Infringement’ – Is it real? How to deal with IP infringement in Virtual Worlds Jane Perrier, General Counsel for Intellectual Property & Karen Hallenstein, Supervising Counsel for Intellectual Property, Telstra Corporation, Australia Patent Demand:A Simple Path to Patent Reform Timothy K. Wilson, Senior IP Counsel, SAS Institute Inc., USA Trademarks in Mergers & Acquisitions Su-Lin Ang, Head of Legal, Intellectual Property, Group Legal Department, Standard Chartered Bank, Singapore Open Telecom Standardization:How to work with patents - From patent prosecutors to intellectual asset strategists Christian Arkelius, In-house European Patent Attorney, Ericsson, Sweden Asian Corporate IP Strategies and Management in the 21st Century: Challenges and Opportunities for the Chief Legal Officer Dr. Richard L. Thurston, Senior Vice President and General Counsel, Taiwan Semiconductor Manufacturing Company, Ltd., Taiwan Intellectual Public Property: Keeping the Fences Up at a Major Event Lucas Roberston, General Counsel, Victoria Racing Club Limited, AustraliaPaperback delivered worldwide free of charge via Royal Mail delivery Royal Mail - Europe 1-2 weeks, Americas and ROW 2-4 weeks DHL at extra charge 1-6 days Worldwide
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$USD275
A Complete Guide to Managing the In-house Counsel Function in the USA
Discover how leading in-house counsel in the United States are managing their legal function and
facing up to external regulatory pressures from within the USA and abroad
Containing over 160 pages of peer reviewed articles written by 22 senior in-house counsel about issues affecting in-house counsel in the USA today
CONTENTS
General Counsel: Challenge to Stay Focused in a World of Organizational Distractions, Limitations and Restrictions
Bruce Ortwine, Joint General Manager & General Counsel, Sumitomo Trust & Banking Co
The General Counsel of any organization plays a vital role in the success—or failure—of the organization, and his or her responsibilities legitimately span the full spectrum of that organization’s activities and operations. Because of the unique role that the General Counsel plays—trusted and ethical advisor to management and independent ombudsman for the organization and its owners—the General Counsel must always remain focused on the priorities of the job and try to minimize the inevitable distractions, limitations and restrictions that he or she faces on a daily basis. To remain focused may be a critical challenge to the General Counsel, yet it is a challenge that must be successfully addressed.
Shhh - the Internet is listening: Has technology eroded Attorney-Client Privilege and what can You do about it?
Vince Catanzaro, Senior Counsel, Global Discovery Manager, E. I. du Pont de Nemours and Company, & Karine Tatoyan, E. I. du Pont de Nemours and Company
The year 1912 marked the first time that mail was delivered by airplane. Now, 100 years later, mail is sent with the click of a button, instantly delivered to a designated recipient. The advent of the Internet and its global immersion has rapidly changed the means by which society communicates. Communications that were once personalized in handwritten notes and materialized through poetic phrases has evolved into a culture of electronic communication shortened by acronyms such as “LOL,” “TTYL,” and “BTW.” With almost 2.3 billion Internet users, communication through electronic media has become commonplace, with each message transmitted nonchalantly through cyberspace.
Making Your Business One of the Most Ethical Companies in the World
Greg Coplans, Senior Vice President, Corporate Affairs, Hitachi Data Systems Corporation
On March 15, 2011, Hitachi Data Systems (HDS), a wholly owned subsidiary of Hitachi, Ltd. in Japan, was recognized by the Ethisphere Institute as one of the “2011 World’s Most Ethical Companies.” This award was given to HDS after Ethisphere had spent approximately six months auditing the HDS compliance program and conducting interviews with HDS employees all over the world. In 2005, the HDS compliance program consisted of certain policies (e.g., Competition, Anti-Bribery, Code of Conduct, etc.), a reporting hotline and some in-house training. However, after the development of a concerted initiative of policy and program development, training, strengthened internal controls, compliance tools and internal audits, HDS has been publicly acknowledged as one of the most ethical companies in the world. What practical steps can the reader take to enhance his or her company’s compliance program and build a strong ethical culture in their company?
FCPA, UKBA and Other Four-Letter Words: Anti-Corruption Laws in a Global Economy
Machua Millett, Senior Vice President & Susan Friedman, Senior Vice President & Employed Lawyers Practice Leader, Marsh Inc
Few subjects receive as much attention in legal, compliance and accounting circles these days as the United States Foreign Corrupt Practices Act (the “FCPA”), the United Kingdom Bribery Act (the “UKBA”) and other foreign and international anti-corruption laws. However, while familiarity may breed contempt, presumed familiarity with anti-corruption laws is more likely to breed a regulatory investigation, subsequent regulatory proceeding, follow-on class action and derivative suits, and uninsured legal, accounting, consulting and settlement bills in the tens of millions to billions of dollars. The amount of attention paid to FCPA compliance and investigation defense issues is necessary because the incidence of anti-corruption issues and the costs of developing policies and procedures, conducting investigations and resolving regulatory inquiries and related court actions continues to escalate.
Key Steps to Establish an Effective Anti-Corruption Programme
Debra Kuper, Vice President, General Counsel and Corporate Secretary, AGCO
The 1960s and 1970s were transformative years for the US. The country was in the midst of a chaotic armed conflict overseas. Civil rights were causing turmoil on city streets. A political scandal resulted in the president’s impeachment. The environment was under assault. Terrorism was on the rise globally, including at the 1972 Summer Olympics in Munich. To top it off, the US Securities and Exchange Commission (SEC) charged more than 400 major US corporations with bribery. In the end, these companies admitted bribing foreign government officials, politicians and political parties to obtain or retain business. Shortly thereafter, the US Congress enacted the Foreign Corrupt Practices Act of 1977 (FCPA).
Managing the Decline - The Role of the General Counsel in a Faltering Company
Mitch Baruchowitz, General Counsel, Abadi & Co. Group
In the current complex business environment, the vast majority of companies who must sell themselves to preserve some remaining value, or those who fail to sell and experience either a Chapter 11 or Chapter 7 bankruptcy, arrive there through a series of events rather than sudden business failure. Whether it is the failure of management to contain costs over a long term, or the loss of a critical client that causes a business to fail, the General Counsel’s role in a faltering company is essential to successfully preserving value and preparing the company for a bankruptcy that can return value to creditors and if truly successful, even deliver value to shareholders. This must all be done at a time when resources for outside professionals are limited and even retaining company employees could prove difficult. Quite simply, the GC many times becomes the center of activity during a turbulent time and forethought and preparation can be the difference between being the eye of a storm or merely part of the hurricane.
Role of In-House Counsel in Transnational Operations
Philip Kessack, Senior Counsel, Americas Business Lines, AECOM Technology Corporation
A fundamental role of in-house legal counsel is to assist the operations teams in identifying, assessing and tailoring their procedures to ensure compliance with applicable requirements and to address the risks associated with the business and legal environment in which the company’s products are to be sold or services are to be performed. This role is especially critical for transnational companies who are looking to sell products or perform services in a foreign jurisdiction (Host Countries). Failure to invest the necessary time, money and effort to identify and understand the unique conditions and requirements impacting such work in a given Host Country not only jeopardizes the profitability of the company, but can expose the company to substantial civil and criminal penalties for failure to comply with the applicable requirements.
Why Fair and Predictable Patentable Utility is Critical to Investments and Innovation
Arvie Anderson, Assistant General Patent Counsel, Eli Lilly and Company
Investment in innovation and procurement of patent protection within any jurisdiction is justified by reliance upon fair and predictable patent protection. For new investment within any particular jurisdiction, innovators expect that historically well-settled legal doctrine pertaining to patents that conform to international norms and treaty obligations will remain consistent over time. Applicants also expect that countries will not “move the goalpost” of patentability requirements at some point after patent filing. Innovators have therefore been generally welcoming of patent harmonization which supports efficient and predictable patent protection in the multitude of jurisdictions in which they seek protection. Harmonization is predicated on the concept that an applicant can file a single application which will meet the patentability requirements of most major jurisdictions.
R&D Based Pharmaceutical Companies Vs. Generic Companies: A False Dichotomy?
Sharon Reiche, Corporate Counsel, Intellectual Property Policy, Pfizer Inc
As recently as a decade ago, there was a clear line separating R&D-based pharmaceutical companies and generic companies; on one side were innovator pharmaceutical companies focused on developing innovative new medicines, and on the other were generic companies focused on copying those medicines once they lost exclusivity. That clear division, however, has become blurred in recent years. Due to various factors, many innovative pharmaceutical companies are seeking new revenue opportunities by either cultivating an in-house generics business or partnering with generic companies to manufacture their branded products; generic companies, which primarily focused on generic medicine production, are increasingly beginning to recognize the benefits of innovation and the more lucrative market for these products. The question then becomes, are partnerships/collaborations among the two industries and these ‘hybrid’ pharmas now the way of the future? And if so, can this new model, supported by a strong intellectual property framework, be used to spur local innovation in emerging markets to tackle the burden of diseases endemic to these countries?
A Discussion of Practical Steps to Harmonize Data Protection Rules Globally
Shahab Ahmed, Director, Legal and Corporate Affairs, Microsoft Corp
While cloud computing holds tremendous potential to drive efficiency, cost-savings, innovation and growth in both public and private sectors, there are certain obstacles to rapid adoption around the world in both of these sectors. This paper identifies one of the key obstacles to achieving the full business and economic benefits of the cloud concerns about data security and privacy and the lack of common, globally accepted mechanisms for dealing with these issues, while at the same time enabling the free flow of data across borders. Both of these data security and the free flow of data across borders are criteria of a healthy cloud computing environment. Many countries and regions are struggling to balance these requirements, and the result has been a diverse and complex set of rules and regulations with which it is extremely difficult and costly for multi-national companies to comply. Government efforts are underway in every region of the world to solve these challenges. The paper explores constructive ways for industry and government to collaborate on finding a solution. In particular we identify and discuss an international data security technical standard that is emerging as a potential reference template for harmonizing data protection laws globally.
e-Discovery – tips to a successful strategy:
Greg Mason, Co-founding Partner, Forensic Risk Alliance
The wealth of electronic information generated today makes pre-litigation planning for corporate lawyers and their legal advisors more important than ever before. The huge volume of data to identify, collect, store, process, search and analyse triggers fear of high costs and logistical problems before the data is actually used to establish fact patterns or put together arguments.
In the context of cross-border serious economic crime – regulatory action, internal investigation or simply “follow- on” civil litigation – data volume is just the first of the the challenges that lie ahead. Still be to wrestled with are a number of European and US legal hurdles: European blocking statutes and data privacy/secrecy laws, privilege differences from country to country and the logistics of managing enormous amounts of data without inadvertently transferring it across jurisdictions or to the ‘wrong’ party.
Recent Trends in US Mergers and Acquisitions Litigation
Kenneth R. Thompson, II, Senior Vice President and Global Chief Legal Officer, LexisNexis, USA & Sam Snider, Vice President & Lead Acquisition Counsel, LexisNexis
In 2010 mergers and acquisitions (‘M&A’) activity rebounded from recent lows with U.S. activity up 16.3% in 2010 over 2009. With this rebound came a number of new new structural developments, which generated a number of M&A-related caselaw developments. When combined with a wave of decisions arising from mid-crisis transactions, 2010 was an active year for M&A caselaw on a number of fronts.
This article updates our article ‘Recent Trends in US Mergers and Acquisitions: Litigation and Regulatory Actions’ published in the Spring, 2010 edition of the International In-house Counsel Journal, for cases decided during 2010.
Utilizing a Legal Technology Platform for Strategic Legal Department Management
Mark Poag, General Counsel, DataCert, Inc.
The enduring economic strife of the past few years has caused an unprecedented shift in the global legal industry and the technology supporting the industry. Legal service delivery models have been revamped more in the past three years than in the past three decades. The need to consolidate and integrate the abundance of disparate systems has never been greater and cost is a significant driver of this change.
In today’s global economy in-house counsel are being challenged to demonstrate the business value of legal services, which involves reducing costs, improving efficiencies, and still remaining competitive. Future success for many lawyers, and the departments they represent, largely depends on their ability to confront today’s challenges and implement new processes that increase efficiency and reduce the impact to the bottom line. These industry changes aren’t temporary trends; rather, they represent a new reality for in-house counsel.
Footnote 61: Abrogating MyMail, Misjoinder in Patent Cases Revived
Tim Wilson, Senior IP Counsel, SAS Institute Inc
One provision of the Leahy-Smith America Invents Act of 2011 (the “America Invents Act”) that has been less noticed is a litigation procedure reform: Section 299 Joinder of Parties. This provision clarifies FRCP 20 for patent cases, making it substantially more difficult to join multiple defendants in a single patent infringement action. I think that this Congressional action may significantly impact the business model of non-practicing entities (NPEs) and potentially limit the Eastern District of Texas as a patent litigation forum of choice.
Attorney-Client Privilege: Application of the Community of Interest Doctrine Exception to Third Party Communications for Licensor-Licensee and Similar Relationships
Rodney Sparks, Senior Biotechnology Patent Counsel, University of Virginia Patent Foundation & Daniel T. Sharpe, III, University of Virginia Patent Foundation
Attorney-client privilege is usually waived if privileged information is disclosed to a third party. Corporations and universities face complicated privilege issues because of a need to sometimes share privileged information with other entities. The community of interest doctrine is an exception to the general attorney-client privilege in that it allows for disclosure of confidential information to a third party without waiving privilege. However, the doctrine has limited applicability and generally only covers situations where the third party has sufficient community of legal interest with the disclosing party. This article provides a description for in-house counsel as to situations where the community of interest exception can be applied to a third party, particularly regarding patent preparation and prosecution, patent litigation, licensing discussions and negotiations, and intellectual property due diligence for licensing and mergers and acquisitions. The article further provides suggestions for protecting privileged information to reduce the risk that the community of interest doctrine will not be applied.
Lawyers as Negotiators: Hitting the Wrong Targets?
Tim Cummins, Executive Director and CEO, IACCM - International Association for Contract and Commercial Management
The annual IACCM study of the most frequently negotiated terms in business-to-business contracts once again reveals a strong focus on the provisions that deal with risk allocation and the consequences of failure.
Those who negotiate these deals confirm that their focus is often in the wrong place. Indeed, one General Counsel observed: “Having studied this issue, I realize that much of our negotiation is more driven by functional positions than it is by broader business interests”. In other words, business negotiations can result in the negotiation team fighting for things that undermine the interests of their own organization.
How to Keep Your Company from Falling Apart: It's Your Board of Directors. Really.
Mark J. Ohringer, Executive Vice President, Global General Counsel and Corporate Secretary, Jones Lang LaSalle Incorporated
1929 Crash. SEC. Bank Failures. FDIC. Savings and Loan Crisis. FIRREA. Enron/Andersen/WorldCom. SOX. Compensation Abuse. CD&A. Fannie Mae/Freddie Mac. FHFA. Lehman/AIG/Global Financial Crisis. TARP, TALF and Dodd-Frank.
See a pattern? The history of corporate America is lately more one of failure than success. Some failures resulted from fraud, some from risk not adequately managed. After big failures, there has always been reactive legislation. Yet we all know there will be more excesses, more failures, and thousands more pages of legislation that will still not stop the wrenching downfalls from recurring.
Mitigating Risk in Co-Location Engagements
Yusuf Cassim, Vice President, Intellectual Property, Licensing and Contracts, The Charles Schwab Corporation
Given the state of the economy, b
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$USD275 As low as: $USD140
A Strategic Guide to Corporate Governance and Compliance
168 pages of articles written by leading compliance officers and in-house counsel about
Corporate Governance and Compliance issues
A unique one stop source of information on how leading in-house counsel are dealing with Corporate Governance issues facing the global counsel community
By reading this authoritative guide you will:
Find out about:
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The new The Siemens Compliance System
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Regulatory Compliance in a Multi-National Organization
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Fighting Corruption
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Implementing Compliance Programs in a Consensus Culture
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Synchronizing Anti Mafia Activities in Japan, the U.S., and the World
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Corporate Governance in the Financial Services Industry
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Use of Six Sigma for Continuous Improvement of Compliance Programs
- UK Bribery Act
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Compliance Risk Assessment at Siemens
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Corporate Manslaughter
- Compliance programmes in the Insurance Sector
Learn how to:
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To create your own compliance programme
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How to keep your company "clean"
-
Be compliant, locally and internationally
-
Use technology in corporate governance programmes
-
Effectively manage corporate governance
-
Apply the knowledge of experienced in-house counsel
-
Understand methods used to ensure your company is compliant
-
Identify weaknesses in your company corporate governance structure
-
Mitigate the risk of not being compliant
-
Educate senior management
-
Develop systems to monitor activity throughout the company to ensure that it is compliant across the world
International In-house Counsel Journal
A Strategic Guide to Corporate Governance & Compliance
The Siemens Compliance System: "Prevent - Detect - Respond and Continuous Improvement"Klaus Moosmayer, Chief Counsel Compliance &Josef Winter, Chief Compliance Officer (CCO), Siemens, Germany Regulatory Compliance in a Multi-National OrganizationJack Sorokin, Deputy General Counsel (Retired)Beckman Coulter, Inc, USA Communicating to Fight CorruptionKristin Berglund, Senior Legal CounselA.P. Moller-Maersk A/S, Denmark The Next Governance Reform: How we create policy for uncertainty by enabling, learning and analysingHanne, Melin, Policy Strategy Counsel EMEAeBay Inc Implementing Compliance Programs in a Consensus CultureDavid Birk, SVP General CounselBlackbelt Compliance, USA Comparative Analysis between the U.S. Executive Order and the Tokyo Prefectural Ordinance against Yakuza – Synchronization of Anti Mafia Activities in Japan, the U.S., and the WorldDavid N'Guyen, In-house Lawyer, Orange Group, JapanDaisuke Takahashi, Attorney at Law, Shinwa General Law Offices, JapanYasushi Kudo, Attorney at Law, Nagashima, Ohno & Tsunematsu, Japan Corporate Governance in the Financial Services Industry: Is there still a Role for Self-Regulation?Armin Kammel, Head of Legal & International AffairsAustrian Association of Investment Fund Management Companies, Austria Compliance: A Restated DefinitionGuido De Clercq, Deputy Secretary GeneralGDF Suez, France UK Bribery Act 2010: Has a Revolution in Corporate Governance Begun?Matteo Grassani, Legal CounselBG Italia Power, Italy King III: Under The Governance TreeAlyson D’Oyley, Company SecretaryAfrican Rainbow Minerals Limited, South Africa Use of Six Sigma for Continuous Improvement of Compliance ProgramsWes Blumenshine, General Counsel and Secretary of Caterpillar Financial Services Corporation and Deputy General Counsel, Caterpillar Inc. &Patricia Eastwood, Senior Corporate CounselCaterpillar USA, USA The Corporate Manslaughter Act: Goals and Expectations?Simon Daniels, Senior Lecturer in Maritime LawWarsash Maritime Centre, UK Compliance Risk Assessment at SiemensJan Hansen, Head of Compliance Remediation & Risk PreventionSiemens, Germany Due Diligence: Knowing Who's Under Your RoofJonathan Nilsen, CounselSpire Corporation, USA Compliance in the Insurance SectorPaolo Amato, Legal CounselSkandia Vita, Italy -
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A Strategic Guide to Managing the In-house Counsel Legal Function (THIRD EDITION)
Free 6 month Trial Subscription to the IICJ When you Purchase a Copy
Buy more than one copy and:
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Over 180 pages of articles written by 22 leading international in-house counsel drawn from all industry sectors.
Determine how in-house counsel organise their legal requirements and allocate work to outside and internal counsel. Examine how the legal function is managed and the tools utilised to ensure that efficiencies are made to improve quality and timeliness of delivery using the most cost effective strategies.
Find out about:
- Optimising value from the in-house legal function
- The In-House Counsel as a Legal Risk Manager and Business Partner
- Being a Lawyer in a Non-Legal Role
- When a Small Legal Department Should Retain a Litigation Matter In-House
- Mediation as a Dispute Resolution Mechanism
- Leveraging Technology to Address Common Legal Department Tasks
- The Secret to Great Enterprise Risk Management
- Earnouts: Advantages, Disadvantages and How to Structure Them
- Proactive Total Information Governance
Learn how:
- To Convert your In-House Legal Department into a Profit Center
- To Increase Your In-House Law Department"s Efficiency
- Social Media Has Changed the Skills Required of the General Counsel Function
- To Manage Legal and Compliance Teams
- Foreign Companies Need to Understand How to Operate in China
- To Establish an Effective Privacy Program
- Draft Contracts and Negotiate in Multiple Languages
21 insightful Articles written by 22 leading in-house counsel from across the world all in one book
Paperback delivered worldwide free of charge via Royal Mail delivery Royal Mail - Europe 1-2 weeks, Americas and ROW 2-4 weeks
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$USD275 As low as: $USD140
Over 160 pages of articles written by 16 leading in-house counsel about Competition/Antitrust issues affecting in-house counsel today.
A unique one stop source of information on how leading in-house counsel are dealing with Competition/Antitrust
Authoritative insights from senior in-house counsel based in the following key jurisdictions: Belgium, France, Finland, Germany, India, Ireland, Malaysia, Russia, Sweden, UK and USA
By reading this authoritative book you will:
Find out about:
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International cartels
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The AstraZeneca Competition Case
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Damages Actions
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Interchange fees on credit card payments
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The impact of anti-trust compliance on technical innovation
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Brands and how they are applied competitively
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Procurement
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Antitrust in M&A situations
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Unfair Competition, and Protection of Intellectual Property
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Antitrust Pitfalls in R&D Alliances
Learn how to:
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Effectively manage competition/antitrust affairs
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Overcome the challenges of antitrust compliance for global companies
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Apply the knowledge of experienced in-house counsel
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Identify weaknesses in your company competition structure
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Educate senior management
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Develop systems to monitor activity throughout the company to ensure that it is compliant across the world
CONTENTS
The War on International Cartels: Traps for the UnwaryBruce Fox, VP, General Counsel & Secretary and Casee Sills, Legal Associate, The Main Street America Group, USA The AstraZeneca Competition Case: Patent Strategies Constituting Abuse of DominanceBart Goddyn, Legal Counsel, TiGenix, Belgium Antitrust Damages Actions in Europe Pitfalls and Opportunities From a Corporation"s Point of ViewPeter Bergson, General Counsel & Secretary, Orc Software AB, Sweden Cartel Enforcement in Ireland since the DownturnEoghan Ó hArgáin, Case Officer/Solicitor, Ireland's Competition Authority, Ireland Meeting the Challenges of European Union Anti-trust Compliance with Technical InnovationDavid Kemp, Executive Director of Legal Policy, Autonomy, an HP company, UK What Extraterritorial Application of Competition Law Means for MNCs Michael Ristaniemi, Legal Counsel, Metsä Group, Finland Letter on the European Commission's Legislative Package on Interchange Fees in Credit Card payments [COM(2013) 550-2013/0265 (COD)]Roland Paschek, Head of Legal, Lufthansa AirPlus Servicekarten GmbH, Germany Transparency and Fair Competition of Procurement Yulianna Vertinskaya, Legal Counsel, Alstom Russia, Russia Battle for a Reputed Brand, Legitimate Competition or Free-Riding?Teresa Laimio, Senior Legal Counsel, Valio Ltd, Finland One Lawyer, Many Clients: Legal Representation of Parties with Conflicting InterestsNoreen Mackey, Legal Adviser, Ireland's Competition Authority, Ireland Predictably Mistaken: The FCA and the use of economics, psychology and consumer bias in their new role of promoting competition in the interests of consumers in financial services in the UK in 2014Lee Callaghan, General Counsel, International Markets (Europe and Asia) and Group Competition Law General Counsel, Aviva plc. UK Collective Management Organisations (CMOs) at the Intersection Between EU Competition Law and the Freedom to Provide ServicesAnita Huss-Ekerhult, Deputy Secretary General and General Counsel, International Federation of Reproduction Rights Organisations, Belgium What You Need to Know about the United States International Trade Commission, Unfair Competition, and Protection of Intellectual PropertyRodney Sparks, Senior Biotechnology Patent Counsel and Valerie K. Barker, M.S., J.D, Senior Biotechnology Patent Counsel University of Virginia Patent Foundation, USA Antitrust Matters in Takeovers!!! Kishore Vaangal, PhD, Strategic Entrepreneur, Governance Professional and Ethicist, Ram Ram, India Striking the Right Balance Between Co-Operation and Competition: Several Antitrust Pitfalls in R&D Alliances and Other Strategic PartnershipsIohann Le Frapper, General Counsel Networks Group, Alcatel, France The Competition Act of MalaysiaNazlan Ghazali, General Counsel & Company Secretary, Maybank, MalaysiaPaperback delivered worldwide free of charge via Royal Mail delivery Royal Mail - Europe 1-2 weeks, Americas and ROW 2-4 weeks
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$USD275 As low as: $USD140
A Strategic Guide to Managing the In-house Counsel Legal Function (FOURTH EDITION)
Buy more than one copy and:
- Save 25% when you buy 2 or more books
- Save 30% when you buy 5 or more books
- Save 50% when you buy more than 10 books
Over 180 pages of articles written by 28 leading international in-house counsel drawn from all industry sectors.
Determine how in-house counsel organise their legal requirements and allocate work to outside and internal counsel. Examine how the legal function is managed and the tools utilised to ensure that efficiencies are made to improve quality and timeliness of delivery using the most cost effective strategies.
Find out about:
- Lessons Learned from Separating Contracts in the Largest Tech Split in History
- Maximising the Role (and Perceived Value) of the In-House Counsel
- Compensation Philosophy for Inside Counsel
- How Garmin Successfully Navigated a Route to Banning Misleading Claims by TomTom
- Business Acquisitions in the EU
- The Emergence of In-House Counsel in Executive Management
- Getting Foreign Personnel to Comply to Anti-Bribery Laws
- Legal - Procurement Collaboration
Learn how to:
- Shift your Culture from “That’s the way we’ve always done it” to “This is how we can do it!”
- Tap Your Somatic Wisdom to Boost Your Performance
- How to Move the Legal Department into the Value Chain
- Maximize Value for Your Client
- Convert the Legal Team into a Profitability Centre
- Lead Mindfully
- Litigate Against a Rival Company
21 insightful Articles written by 28 leading in-house counsel from across the world all in one book
A Strategic Guide to Managing the In-House Counsel Legal Function
(FOURTH EDITION)
CONTENTS
What Will the In-House Legal Department of Tomorrow Look Like?
Cécile Kavalses, General Counsel Benelux & The Nordics, Atos, NetherlandsGetting to the Heart of The Business: How Legal is Moving up The Value Chain: Driving Efficiency and Effectiveness in a Global Legal Team
Ruth Daniels, General Counsel, CPA GlobalConsigliere, Juggler and Business Partner - Today's In House Lawyer
Faiz Chapra, Manager Legal, Engro Corporation, PakistanFrom Backstage to Lead Role:
The Emergence of In-House Counsel in Executive Management
Morgan Deane, Chief Executive Officer & President of the Executive Board (Former International Head of Legal & Compliance),
Helvea-Baader Bank Group, SwitzerlandCompensation Philosophy for Inside Counsel:
Not as Obvious as You Might Think
Mark Ohringer, Global General Counsel, Jones Lang LaSalle Incorporated, USAThe Future of the In-House Lawyer
Richard Tapp, Company Secretary and Director of Legal Services, Carillion plc, UKBusiness for the Rule of Law
Ian McDougall, EVP & General Counsel, Lexis Nexis Group, UKOn Giving Advice: Maximizing Value for Your Client
Bryan Yeazel, Executive Vice President & Chief Operating Officer (Former GC), Stock Building Supply Holdings, Inc., USAMNCs and the GC - Why it Really Means "Global Counsel"
Mark VanDeVoorde, Chief Legal and Administrative Officer, Victaulic, USAHorse Sense for Lawyers - Tap Your Somatic Wisdom to Boost Your Performance
Francie Kilborne, Associate General Counsel, Energy Transfer Partners, USAThe Value Differentiator: Lawyers Who Lead Mindfully
Michèle Huff, Senior Associate University Counsel, University of New Mexico, USAIn-house Legal Department:
A cost generating support function or a profitability centre?
Ekin Sungur, Head of Legal, BNP Paribas Cardif, TurkeyShift your Culture from “That’s the way we’ve always done it” to “This is how we can do it!”
Carla Goldstein, Associate General Counsel and Director of Strategic Initiatives &
Bindu Cudjoe, Deputy General Counsel & Chief Administrative Officer, Bank of Montreal, CanadaThe Exponential Law Department: an Oxymoron?
Till Olbrich, VP & Associate General Counsel, Philip Morris International, USA &
Jorge Dengo, Senior Counsel, Philip Morris International, MéxicoBreaking up is hard to do! Lessons Learned from Separating Contracts in the Largest Tech Split in History
Todd Sulger, Vice President and Associate General Counsel, HP Inc, USA &
Peggy Barber, Vice President & Associate General Counsel, Hewlett Packard Enterprise Company, USALegal - Procurement Collaboration: From Tactical to Strategic
Savina Stoykova, Procurement Manager – Legal Services Sourcing &
Vincent Gautheron, Head of Legal Services Sourcing, The Royal Bank of Scotland PLC, UKCan I Destroy This?
Managing Corporate Records in an Ever Expanding Recorded World
Daniel Flynn, Corporate Legal Counsel, Heartland Financial USA, Inc., USAGetting Foreign Personnel to Comply, While Respecting Cultural Differences and Allowing Some Level of Operational Independence
Sarah Peter, Senior Corporate Director Ethics and Anti-Corruption and Corporate Compliance Attorney, Teledyne Technologies Incorporated, USABusiness Acquisitions in the EU: Key HR Legal Considerations
Leonard Segreti, Senior Corporate Counsel – Labor, CenturyLink, USAWinning the case:
Maximising the Role (and Perceived Value) of the In-House Counsel by Establishing a Winning Team that Significantly Contributes to Growth Targets.
Lina Brown, Group Commercial & Legal Director, Equiniti Group, UKFighting Back Against Misleading Competitor Advertising:
How Garmin Successfully Navigated a Route to Banning Misleading Claims by TomTom in the United Kingdom and the Netherlands.
Daniel Haije, Partner, Hoogenraad & Haak, advertising + IP advocaten, Netherlands
Daniel Bugler, Head of Advertising Law, Brinsley Dresden, Head of Advertising Law, Lewis Silkin, UK &
Andrew Etkind, General Counsel, Garmin, SwitzerlandPaperback delivered worldwide free of charge via Royal Mail delivery Royal Mail - Europe 1-2 weeks, Americas and ROW 2-4 weeks
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Dispute Resolution Strategies
Buy more than one copy and:
- Save 25% when you buy 2 or more books
- Save 30% when you buy 5 or more books
- Save 50% when you buy more than 10 books
Over 180 pages of articles written by 27 leading international in-house counsel drawn from all industry sectors.
Determine how in-house counsel organise their Litigation Cases and allocate work to outside and internal counsel.
Find out about:
- Using Disputes as a Means of Raising Revenue
- Innovative ways to Litigate
- Negotiating Terms with Extenal Counsel
- Various Cases Around the World and How they were Concluded
- Mediation and Arbitration and Whether it has a Place in your Business
Learn how to:
- Manage a Class Action
- Litigate Against a Rival Company
- Use Mediation Effectively
- Draft Arbitration Clauses and Agreements into Contracts
- Keep a Lid on Costs
- Manage the Transactional Aspects of a Litigation Case
19 insightful Articles written by 27 leading in-house counsel from across the world all in one book
Dispute Resolution Strategies
CONTENTS
Management of Major Class Action Litigation by In-House Counsel
Susan Taylor, General Counsel & Company Secretary, SP AusNet, AustraliaDispute Strategies as Means of Additional Revenue
Miika Junttila, Sr. Legal Counsel, Nokia., AustraliaInnovation and Litigation
Mary Shields, Head of Legal Europe, Sensata Technologies Inc, UKThe Transactional Side of the International Arbitration and the Role of Corporate Counsel
Jorge Perez-Vera, Senior Counsel, Total Raffinage Marketing S.A., FranceReal Control Over Litigation: Practical Steps to Leverage Your Power as a Client in Today"s Market
Robert H. Stier, Jr., Senior Partner, Pierce Atwood LLP., USA &Gustaf Lagercrantz, Head of Contracts, Net Insight AB, SwedenThe View From an International Arbitration Customer: In Dire Need of Early Resolution
Michael McIlwrath, Legal Counsel, GE, UK & Roland Schroeder, Legal Counsel, GE, UKCatching the White Whale: Proving Insurance Bad Faith and Recovering Punitive Damages at Trial in the United States
Jean Joseph, Partner, Colin Kemp, Partner, Allen Brandt, Senior Associate, Pillsbury Winthrop Shaw Pittman &
Mark Van de Voorde, Chief Legal and Administrative Officer, Worldwide General Counsel, Victaulic Company of America (inc), USADecisions of ICSID Tribunals on Procedural Issues may not be Confused with their Awards
Charles Chaterjee & Anna Lefcovitch, Solicitor, Arcadis, UKEarthquake Underneath the Canal De Craponne
Benoit Holvoote, Legal Counsel & Risk Manager, ingredia, FranceHow ADR Can be Used to Resolve Mass Disaster and Insurance Claims
John Pardun, National Business Development Director, JAMS, USA"Shouldn"t Mediation be Spreading in Finland and the Nordics?"
Tim Williams, Senior Legal Counsel, Wärtsilä Finland Oy, Power Plants, Finland &
Anna Hietala, Associate Legal Counsel, Power Plants Legal Affairs, Wärtsilä Corporation, FinlandUnderstanding Commercial Dispute Finance in the United States
Jennifer Bergenfeld, Member, Legal Advisory Board Lexstone Capital, USA &
Max Volsky, Chief Investment Officer and General Counsel, Lexstone Capital, USAA Review of Industrial Arbitration Court Cases in Singapore
Patrick Tay Teck Guan, Director, Legal Services, National Trades Union Congress, SingaporeDrafting Arbitration Clauses and Arbitration Agreements Subject to Italian Law
Gianluca Buoro, Area Manager Financing and Contracting Dept., Danieli, ItalyThe Conception of Public Policy and its Applicability with Respect to Enforcement of Awards of International Commercial Arbitrations in the Russian Federation
Svetlana Björkman, Associate Legal Counsel, Wärtsilä Finland oy, FinlandMediation as a Dispute Resolution Mechanism in High Tech Industry Collaborations: A Look at Pharma and Biotech
Jukka Muhonen, Director, Global Business Dev.& Alliance Management, Orion Corporation, FinlandGlobal Construction Disputes
Mike Allen, Global Leader of Contract Solutions, Arcadis, Hong KongThe Operation of Adjudication and Litigation in Construction Disputes in the UK
Anthony Philpott, Barrister, CIArb, UKCost Effective Resolution of Construction Disputes
Donald Charrett, Barrister, Arbitrator & Mediator, Melbourne TEC, AustraliaPaperback delivered worldwide free of charge via Royal Mail delivery Royal Mail - Europe 1-2 weeks, Americas and ROW 2-4 weeks
DHL at extra charge 1-6 days Worldwide
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