How do in-house teams claim legal privilege and establish their independence? According to Sascha Hindmarch, General Counsel, University of South Australia and Martin Meredith, barrister at Commercial Chambers, an in-house legal team acts for the business but is not a function of it. They highlight the key features of the nature of privilege and effective ways to adduce evidence of independence.
As many firms increasingly come under fire for their charge-out methods,
Stephen Hopkins, International Head of Eversheds elucidates us with a checklist
which sets out ways in which in-house counsel and their external teams can
add value and achieve their client’s objectives while attempting to stay
within budget. Timely co-ordination and communication between the two
teams and the client are critical, he states.
Remote as one may think the ramifications are on an Asian company, compliance with the US FCPA can significantly impact upon and increase a company’s value. Mauro M.Wolfe and Kathrine A.Gehring of Duane Morris LLP clue us in on the potential opportunity cost of non-compliance … which can be substantial.
Resolving disputes does not always entail going rounds in the ring with your opponent, with litigation alternatives including arbitration and mediation to consider. In our Special Report, industry experts from around the region discuss the virtues of arbitration as a means of resolving disputes on relatively more amicable terms.
The Japanese government takes a highly protectionist view of terminations of employment, to the extent that employers bear the burden of proving why they are letting an employee go. If a dismissal is not considered in keeping with standard social norms, an employer may fall foul of the law, according to Hajime Iwaki and Lawrence Carter of DLA Piper. A delicate balance has to be struck ... between sometimes coaxing resignations and re-locating employees.
Debunking some of the myths surrounding the recent Republic of Congo case, Susanne Reynolds of Mayer Brown JSM pulls back the covers on the new precedent, shedding light on the legal implications arising out of the ground-breaking case.
Across Asia and the Middle East, women are playing an increasingly important role in the corporate legal world. ASIAN-MENA COUNSEL speaks to a host of successful women around the region who have managed to walk the knife's edge and often balance their challenging legal careers with equally challenging family demands. Despite deeply embedded attitudes towards women and their traditional roles in parts of Asia, it is encouraging to note that many law firms around the region are becoming increasingly progressive and answering the call to create more supportive and flexible conditions for female lawyers. We hear women recount their stories about their rise to the top and the attitudes and conditions they face in their own countries as women in the law.
Lesli Ligorner and Mitchell Mosvick of Paul Hastings shine a light on the steps taken by the Chinese government to improve the lives of working mothers. Extended maternity leave benefits, greater protections for new mothers and additional entitlements based on individual circumstances have paved the way for a more balanced lifestyle and a significant move in the right direction in terms of social progress. And this could just be the tip of the iceberg….
Corruption and the Indian infrastructure boom
Kroll’s Ramon Ghosh explains why a culture of corporate compliance is now likely to become vital when doing business in India.
In our latest edition of ASIAN-MENA COUNSEL, the issue of Foreign Direct Investment takes centre stage. Homing in on the welcoming investment climate in Asia, Weerawong, Chinnavat & Peangpanor, pulls back the covers and sheds some light on the incentives that the Thai government has been able to drum up, despite recent political turmoil and Lubis Ganie makes a compelling case for FDI in Indonesia. Industry experts from Clasis Law and Jun He Law Offices bring their collective towers of experience to bear in their features on why India and China remain attractive destinations in which to settle funds.
