On March 15, 2018, the U.S. Court of Appeals for the Fifth Circuit (“Fifth Circuit”) in a 2-1 decision vacated the Obama-era U.S. Department of Labor’s (“DOL”) Fiduciary Rule (“Fiduciary Rule”), which responded to a historical shift from traditional pension plans to individually managed accounts, such as individual retirement accounts (“IRAs”) and 401(k)s. The Fiduciary …
INTRODUCTION The success of a business resides in its employees. Even the biggest corporate structures depend on its employees to conduct its business. That is why, during the course of employment employer’s valuable information that is integral to its activities such as its business models, client profiles and marketing strategies are exposed to the use …
Introduction The general question of corporate governance can be summarized, in the context of public companies, as three interrelated questions: who has decision-making authority; how are they constrained in the exercise of that authority; and how are they held accountable for that exercise? In this model, the U.S. approach to corporate governance has historically been …
The Public Contracts Regulations 2015 (PCR) (which implemented the 2014 Public Procurement Directive) created a new procedure known as competitive procedure with negotiation (CPN). For those bidding on complex infrastructure projects or other government contracts, the implications of CPN may not be immediately apparent. For a contracting authority, CPN provides an additional procurement option giving …
You wouldn’t mistake a lawyer for a designer. One is usually armed with a pen and a rulebook, the other with a Mac and a black turtleneck. Right? Wrong.
There is a fundamental tension between the desire for contractual certainty and for agreements to be future proof. Property lawyers know only too well the difficulties associated with the fact neither we or our clients have crystal balls or the ability to time travel. We are regularly asked to look at a contract in a …
For UK business, 2018 will be dominated by one question: when do we push the button on Brexit? Months of scenario planning have given a sense of the possible outcomes, but there is little confidence that a decision will be taken in full possession of the facts.
Our cities are designed around and defined by roads and vehicles. Autonomous technology will not only change the way we travel, it has the potential to change the face of real estate as we know it.
Late last year, The In-House Lawyer ventured north of the border to highlight the community of commercial counsel flourishing in Scotland in an extended feature. To follow up, this autumn we teamed up with Addleshaw Goddard to gather a panel of senior general counsel at Edinburgh’s Signet Library in Parliament Square to debate a range …
Real estate strategy and how a business occupies premises generate more emotion and irrational opinions than any other strategic or operational issue faced by corporate occupiers.
A decade ago workplace law was barely on a general counsel’s risk register. Today we see in-house lawyers specialising in it – with a GC expected to be knowledgeable enough to keep a company’s board briefed on any issues that could impact the value of its brand. Weinstein, historical sex abuse charges, the implication of …
Equifax, one of the world’s leading credit rating agencies is hacked. Personal information of individuals is accessed and many of these individuals have not consciously consented to Equifax holding their data, but have no choice in the modern world. No respectable media outlet, if offered this stolen personal data, would publish it.
