US Congress at Impasse: Potential Government Shutdown Threatens International Trade Operations

As Friday, September 29, 2023, drew to a close, the United States Congress was at an impasse regarding a spending agreement. This presents a significant concern for corporations with international trade operations, who should commence preparations for a possible prolonged Federal government shutdown. The adverse effects are projected to begin as of 12:01 am October…

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Evolving Eminent Domain Landscape: Public Utility Takeovers and California’s Resolutions of Necessity

As many legal professionals may be aware, conventional doctrine in California holds that once a public agency adopts a resolution of necessity to acquire property by way of eminent domain, the resolution typically, and “conclusively,” sets forth the foundational findings of public use and necessity. Recently, however, a development that is worth paying close attention…

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Restrictive Covenant Crackdown: Navigating New Regulatory Challenges in M&A Deals

Corporate lawyers and in-house counsel at M&As face new challenges as regulators are stepping up enforcement against non-compete and no-poach clauses. Legal teams across the UK, EU, and US are being impelled to pay increased attention to drafting and regulating non-competes and other restrictive arrangements. This change of focus could have significant implications for the…

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Unlocking the Revised ECCP: Timeless Insights for Corporate Compliance Programs

In the rapidly evolving world of corporate law, the U.S. Department of Justice’s Criminal Division has published its fourth version of the ‘Evaluation of Corporate Compliance Programs (ECCP). Although this revised version has now been in circulation for over six months, the insights brought forth remain as relevant as ever for in-house counsel and chief…

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Tri-Seal Compliance Note: Navigating the Complexities of Voluntary Self-Disclosure

In recent years, the legal discourse around white-collar offenses has frequently been embroiled in a perennial debate: does the value of self-disclosure trump the potential dangers that come with offering the government an illustration of the company’s alleged violation? This dialog was catalyzed by agencies such as the Department of Justice which have often responded…

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From Lawyer to In-House Counsel: Navigating the Automotive Industry’s Changing Landscape

Merinda Timpany, formerly a lawyer for lawyers, is now embracing her unique role as an In-House Counsel where her day-to-day involves communication not only with corporate management and regulators but also with auto mechanics. This shift in focus allows her voice to be heard in different contexts and establishes a diversified rapport that spans various…

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Nevada Toy Manufacturer Battles Sony in Privileged Information Dispute

A high-profile dispute is currently unfolding between a Nevada based toy manufacturer and Sony Interactive Entertainment LLC. The toy company is entreaty a California federal judge to disregard Sony’s appeal for law firm Maschoff Brennan’s disqualification from representing them in an ongoing contract row against the entertainment behemoth. The root of Sony’s claim lies in…

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Georgia Expands Voting Leave Law to Embrace Advance In-Person Voting and Kin Care Provisions

Changes effective from July 1st have brought significant updates to Georgia’s voting leave law. Among these alterations, the Georgia statute now designates “advance in-person voting” (early voting) as a valid reason for employers to sanction unpaid time off. This move is a significant step for workers’ rights, providing the employed populace with greater flexibility and…

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In-House Counsel Hiring Booms, Yet Candidates Seek Hybrid Work Models Amid Office Pushback

The increasing popularity of remote work is significantly influencing the decisions of candidates in the legal hiring market. While businesses are indeed booming with more in-house counsel needs, potential hires are reconsidering opportunities that require more in-office presence. According to a recent report by Major, Lindsey & Africa, job candidates are open to working up…

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Law Commission’s Reforms: Navigating the Upcoming Transformation of English Arbitration Act

Noted international law firm, Shearman & Sterling LLP, recently discussed the Law Commission of England & Wales’ final report, published on September 6, 2023, concerning reform propositions to the English Arbitration Act 1996. The report suggests modifications in six crucial areas, in addition to several minor amendments. More importantly, the report introduces a draft bill,…

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California Employers Face Legal Challenges in Non-Compete Agreements Landscape

The legal landscape concerning non-compete agreements continues to shift in California, presenting fresh challenges and additional considerations for employers. According to the state’s prevailing law, not only are non-competes considered void, but employers who impose such restrictions may now also incur liability. As established with the California Business and Professions Code Section 16600, any contract…

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Antitrust and Life Sciences Converge: Unraveling Key Decisions and Implications

September 2023 marked the first issue of WilmerHale’s ‘The Interplay: Key Decisions at the Intersection of Antitrust & Life Sciences’, a significant new monthly bulletin designed to enlighten readers on recent developments in the antitrust and life sciences sector. During a time when antitrust enforcement is reaching into an increasingly broad array of industries, it…

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France Advances Legal Professional Privilege for In-House Counsel, Awaiting Final Approval

In a significant development prior to the summer adjournment in July, the French Senate passed legislation granting in-house counsel the right to legal professional privilege for written advice. It should be noted that this legal shield is only applicable to advice in relation to commercial, civil, and administrative legal matters. However, the legislation still requires…

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France Advances Bill for Legal Privilege Extension for In-House Counsel on Commercial and Civil Matters

In July, just before lawmakers went on summer break, the French Senate passed a bill that would extend legal professional privilege to written advice provided by in-house counsel. It’s worth noting that this legal shield will only apply to advice pertaining to commercial, civil, and administrative legal matters. However, before it can come into effect,…

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