Vol. 7, No. 26, Winter 2014
Back issue
Vol. 7, No. 26, Winter 2014
£125.00
Contents
Page 2409
The Corporate Manslaughter Act: Goals and Expectations?
In this paper Dr Simon Daniels provides a critical assessment of the Corporate Manslaughter Act 2007 and why it is struggling to improve on the common law crime of manslaughter....Read more
Simon Daniels
Senior Lecturer in Maritime Law, Southampton Solent University, UK
Page 2419
EMIR : A Landmark Regulation with far-reaching Impacts on the EU Derivatives Business
Frédéric de Brouwer’s overview of the European Infrastructure Market Regulation (“EMIR”) is both timely and particularly relevant to in-house counsel in financial services. The clearing and reporting requirements applied to...Read more
Frédéric De-Brouwer
Senior Legal Counsel, Société Générale, France
Page 2433
Why Care for Governing Law and Jurisdictions in International Contracts?
Harish Suryavanshi offers an elegant path through the relevant considerations when drafting choice of jurisdiction and ADR clauses in cross-border contracts. In addition to explaining the pros and cons of...Read more

Harish Suryavanshi
Senior Corporate Counsel, Tech Mahindra Limited, India
Page 2439
Personal Data Legislation in Russia
Russia’s Personal Data law may be only 6 years and a few months old, but as Tatiana Egorova demonstrates, extracting substantial parts of the relevant legislation, it is already a...Read more
Tatiana Egorova
Unit Head of Legal support of loan transactions, CB "Garanti Bank-Moscow" (ZAO), Russia
Page 2455
IP Strategy in the Age of Big Data
Joren de Wachter invites In-House Counsel to re-model their IP strategy based on the inevitable growth of “Big Data”. He argues that businesses which allow free access to data are...Read more

Joren De Wachter
IP Strategist, Integrating Technology, IP & business models, Belgium
Page 2467
Communicating to Fight Corruption
Maersk Line’s Senior Legal Counsel Kristin Berglund explains the most important features of a successful anti-corruption programme. Amongst them is open disclosure of bribes by employees. That vital information informs...Read more

Kristin Berglund
Senior Legal Counsel, Maersk Line, Denmark
Page 2473
A Path Through the Forest - The Role of Agency Guidance in Developing Regulatory Compliance Programs
Counsel involved in developing regulatory compliance programs know that merely looking at the statute and regulations is not enough. They need to look to multiple sources of information to determine...Read more

Jack Sorokin
Adjunct Instructor, Fremont College, USA
Page 2481
Consumer Privacy and Transparency in the Digital Age: An argument for the continuation of Self-Regulation by the U.S. Marketing Industry
Never has privacy been more debated than in today’s digital age. The advent of the internet and proliferation of devices such as smartphones have enabled the instantaneous sharing, compiling...Read more
Jeanette Fitzgerald
General Counsel & Chief Privacy Officer, Epsilon, USA
Page 2493
Letter on the European Commission's Legislative Package on Interchange Fees in Credit Card payments [COM(2013) 550-2013/0265 (COD)]
In July 2013 the European Commission published its Legislative Package with proposals on a revised Payment Services Directive (PSD II) and on a Regulation on interchange fees for card-based payment...Read more
Roland Paschek
Head of Legal, Lufthansa AirPlus Servicekarten GmbH, Germany
Page 2497
The Next Governance Reform: How we create policy for uncertainty by enabling, learning and analysing
In a recent interview, the Swedish Prime Minister described what he saw as the modern approach to governance: legislative reforms rarely turn out exactly as planned, and so the legislator...Read more

Hanne Melin Olbe
Director Global Public Policy, eBay Inc., Australia
Page 2509
An Ounce of Prevention: Planning, Establishing and Managing an Emergent Foreign Workforce
United States businesses are expanding internationally at a rapid pace. Acknowledging that a centralized U.S.-based headquarters may not be equipped to effectively manage the needs of a multinational organization, many...Read more

Dan Lowin
Senior Counsel, Fico, USA
Page 2521
Regulation After the Storm - Staying Current as United States Regulators React to Catastrophes
For insurers, the impact of a natural or man-made catastrophe continues long after the event is over. In the U.S., insurance is pervasively regulated, with consumer interests taking the forefront...Read more

David Newkirk
General Counsel, Swiss Re Corporate Solutions, USA
Page 2529
Admissibility of Expert Evidence: In a Canadian SRO Context
NOTE The views expressed herein are those of the author and do not necessarily reflect those of IIROC. The paper will consider the admissibility of expert evidence as it relates...Read more

Natalija Popovic
Senior Enforcement Counsel, Investment Industry Regulatory Organization of Canada, Canada
Page 2539
The Cloud - Is There a Silver Lining?
Cloud computing in its various forms is well and truly entrenched in the global IT world, despite still being comparatively in its infancy. The range of offerings through the cloud...Read more
Guy Betar
Senior Legal Counsel ANZ, TIBCO Software Inc, Australia
Page 2549
Online Privacy - No Longer Playing Catch-up?
It may come to pass that 2013 will be regarded as the year that the general public sat up and took notice of online privacy.
The Australian Information Commissioner advised...Read more

David Carrington
Corporate Counsel, Mornington Peninsula Shire, Australia
Page 2557
Business Acquisitions in the EU: Key HR Legal Considerations

For a U.S. based Company, acquiring a business abroad is like taking a trip to the mythical Land of Oz. The one critical thing US counsel has to remember at...Read more
Len Segreti
Senior Corporate Counsel – Labor, CenturyLink, USA

Darren Isaacs
Partner, GQ Employment Law, UK
Page 2571
Legal Recoveries Programs: Converting The Legal Department into a Profit Center
In-house lawyers are playing defense more than ever before. Large enterprises are often viewed as little more than well-heeled targets for the plaintiff’s bar. As a result, reasonable in-house counsel...Read more

Bryan Yeazel
Executive Vice President & Chief Operating Officer (Former GC), Stock Building Supply Holdings, Inc., USA
Page 2578
The aftermath of the Apple vs. Samsung battle
Have you ever wondered who, Apple Inc. or Samsung Electronics Co. Ltd., won the battle of IP infringement claims and injunctions for the design of tablets and smartphones? In...Read more
Loreto Reguera
Senior Legal Counsel EMEA, Intel Corporation SA, Belgium