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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OFCCP Doubles Supply and Service Contractor Audits: Implications and Impact

On September 8, 2023, the Office of Federal Contract Compliance Programs (OFCCP) released a second round of audits for the year. In this round, the OFCCP listed 1,000 establishments specifically for supply and service federal contractors. These entities are the next to receive advance audit notices, otherwise known as Corporate Scheduling Announcement Letters (CSALs). The…

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Navigating Joint-Defense Agreements Amid Government Investigations: Risks and Rewards for In-House Counsel

In recent years, corporate in-house counsel has grappled with the complexities and challenges of joint-defense and common-interest agreements when companies become the subject of government investigations. These situations often involve a government subpoena requiring an employee to provide testimony, resulting in the employee retaining separate legal counsel to engage with the government under a proffer…

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Public Contract Law and Procurement Developments: Key Insights from Hogan Lovell’s Paris Office

In a recent legal update, the Public Law team at Hogan Lovell’s Paris office presented an analysis of recent French and European developments regarding public contract law and public procurement law. The analysis provided in the update touches on court decisions and regulatory texts from the past two weeks. This comprehensive analysis, which is available…

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EEOC Releases Proposed Rule on PWFA, Shaping Future of Pregnant Workers’ Rights

The Pregnant Workers Fairness Act (PWFA) has been a long-anticipated legislation, and now, after its enforcement on June 27, 2023, employers are provided with some much-needed guidance. The Equal Employment Opportunity Commission (EEOC) released a Notice of Proposed Rulemaking on August 11, 2023, aimed at implementing this key law. JdSupra reports that, following this announcement,…

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FDA Finalizes Guidance on Informed Consent in Clinical Investigations: Ensuring Compliance and Patient Rights

Providing clarity on patient rights for informed consent in clinical investigations, the US Food and Drug Administration (FDA) has issued its final guiding document as of August 15, 2023. Titled ‘Informed Consent: Guidance for IRBs, Clinical Investigators, and Sponsors’ (final guidance), this decisive documentation finalizes, with new examples and minuscule updates and alterations, the FDA’s…

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Labor Law Shakeup: Proposed Increase of White-Collar Exemption Salary Threshold to Impact 3.4 Million Workers

In a significant proposal from the US Department of Labor, the Federal Labor Standards Act (FLSA) may undergo a critical adjustment, looking to increase the white-collar exemption salary threshold for employees to qualify as exempt. The Notice of Proposed Rulemaking, announced on August 30, 2023, outlines this considerable boost, which elevates the cap from $35,568…

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Minnesota Bankruptcy Court Upholds Non-Compete Clause, Protecting Franchisor’s Interests

In a recent case, a Minnesota bankruptcy court made a significant ruling that is of particular consequence to legal professionals dealing with franchise law. The court granted Fantastic Sams, a well-known hair salon franchise, a preliminary injunction against a former franchisee. The plaintiff was operating four new hair salons, which the court found to be…

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Unlocking E-Discovery Strategies: ACEDS Webinar Analyzes Sedona Small Law Firm Guide

High profile business litigations and the success of small e-discovery cases often involve fascinating interplays of various complex legal strategies. This September provides an excellent opportunity to delve into these intricate relationships, as ACEDS Advisory Board Members are scheduled to analyse the Sedona small law firm guide to e-discovery on the 15th, at 2:00 pm…

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Navigating Legal Hurdles: The Highs and Lows of Working as In-House Counsel for Elon Musk

Work for Elon Musk: opportunity of a lifetime or accelerated path to gray hairs? It’s a thought-provoking question for attorneys, considering the innovative brilliance and sometimes perplexing mannerisms of the billionaire mogul. Musk’s dynamism propels some of the world’s most avant-garde companies, a characteristic that aspirant in-house counsel might find irresistible. But this comes with…

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In-House Counsel Compensation Survey: Analyzing Trends and the Gender Pay Gap in the Legal Industry

Above the Law annually publishes a comprehensive report about in-house lawyers’ compensation. As a part of this annual custom, it is once again time to collect data for this year’s report. If you are an in-house attorney interested in participating, you are kindly requested to contribute by completing a brief, completely anonymous survey. Central to…

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Discrepancy in Contract Turnaround Times Strains Latin American Corporate Legal Departments: ODDS Legal Survey

A recent survey indicates a significant discrepancy in the expectations for contract turnaround times within corporate legal departments in Latin America, potentially raising tensions among business sectors. The study was conducted by ODDS Legal, a consultancy for legal operations. The survey involved interviewing 72 in-house counsels from Argentina, Chile, Colombia, Ecuador, Mexico, Peru, and Spain….

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Surgical Robot Liability: The Emerging Legal Landscape for Healthcare Providers and Manufacturers

In an intriguing shift away from conventional thinking, there has been recent discussion concerning product liability lawsuits pertaining to surgical robots. While it’s common to envision liability suits from patients after unsuccessful operations, it’s considerably less common to consider potential claims from healthcare providers over injuries sustained while operating these technological wonders. Shook, Hardy &…

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NYSE and Nasdaq Mandate Compliant Clawback Policies by December 2023: Implications for Corporate Governance

In an effort to enhance corporate governance norms and ensure fair market practices, both the New York Stock Exchange (NYSE) and Nasdaq have mandated that issuers must adopt compliant clawback policies by December 1, 2023. This pertinent development, recognized in a recent write-up by Snell & Wilmer, necessitates immediate attention from corporations and law firms…

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Stephenson Harwood Assembles Multidisciplinary Compliance Team in Paris Amid Rising Regulatory Complexity

In reaction to heightened client demand for counsel on issues such as white-collar investigations, competition, litigation, and other compliance concerns, Stephenson Harwood has convened a multidisciplinary compliance team based in its Paris office. The composition of the team combines both existing lawyers from Stephenson Harwood and distinguished recruits from external institutions, including a compliance specialist…

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