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© 2026 International In-house Counsel Journal Ltd. | ISSN 1754-0607 | Picture Credits: Freepix, Unsplash and by permission of the authors

Vol. 8, No. 29, Autumn 2014

Back issue

Vol. 8, No. 29, Autumn 2014

£125.00

Contents

Page 2909
Being Social: The FDA Pronounces on Interactive Promotional Media
In the United States, consumers are increasingly turning to social media to obtain information about pharmaceutical products and devices, to research medical conditions, and obtain information about potential treatments, available...Read more
Portrait image of Marianne Slivkova
Marianne Slivkova
Senior Corporate Counsel, Acorda Therapeutics, USA
Page 2917
Has Social Media Changed the Skills Required of the General Counsel Function?
“Act in haste, repent at leisure” is perhaps a fitting mantra for any aspiring lawyer. Reflecting on a problem is significantly preferable to acting too quickly and giving advice which...Read more
Portrait image of Derek Walsh
Derek Walsh
Counsel & Group General Counsel, Royal & Sun Alliance, UK
Page 2927
The In-House Counsel as Legal Risk Manager and Business Partner: Are These Roles Compatible?
With a view to reducing the gap between the perception of the legal office (both internally and externally) and its actual role (communicated and implemented) and mental attitude, I wrote...Read more
Portrait image of Massimiliano Carpino
Massimiliano Carpino
Global General Counsel, Gucci, Switzerland
Page 2933
Brazil: An Investment Destination?
Brazil has been a major investment destination for many foreign companies and private investors alike during recent years. This strong interest was due to a series of national and international...Read more
Portrait image of Paul Wenting
Paul Wenting
Legal Manager, Applus RTD Group, Netherlands
Portrait image of Nicolas Vielliard
Nicolas Vielliard
Senior Counsel, Shawcor, UK
Page 2941
The War on International Cartels: Traps for the Unwary
It is generally accepted that competition is good for business and good for consumers in part because competition encourages innovation and provides an incentive for businesses to reduce costs and...Read more
Portrait image of Bruce Fox
Bruce Fox
Retired Senior Vice President, General Counsel & Secretary, The Main Street America Group, USA
Portrait image of Casee Sills
Casee Sills
Legal Associate, The Main Street America Group, USA
Page 2951
First the Bribery Act, now the Banking Reform Act reverses the burden of proof. What can companies do to ensure robust compliance, pre-empt liability, and gain a distinct competitive advantage?
Rob Mason, Becky Stones, Derek Patterson and Toby Duthie at Forensic Risk Alliance in London examine ‘reasonable steps’ companies can take to affirmatively evidence compliance as they face a broadening...Read more
Portrait image of Toby Duthie
Toby Duthie
Partner, Forensic Risk Alliance, UK
Portrait image of Derek Patterson
Derek Patterson
Principal, Forensic Risk Alliance, UK
Portrait image of Becky Stones
Becky Stones
Partner, Forensic Risk Alliance, UK
Portrait image of Rob Mason
Rob Mason
Partner, Forensic Risk Alliance, UK
Page 2959
The Law on Leads: Responsible Engagement with the Lead Generation Sector
In today’s marketplace, businesses must continually look for innovative ways to attract new customers in order to thrive. Technological advances have presented new opportunities for reaching individual consumers, but the...Read more
Portrait image of Kate Wellington
Kate Wellington
Lead Lawyer - Policy & Communications, Which?, UK
Page 2971
Vigorous Pursuit, Feeble Results: Advocating Feasible Policy Options to Past & Present Anti-Offshoring Legislative Initiatives at State & Federal Levels in the United States
The term offshoring is sometimes used interchangeably with outsourcing, but the former is only a variant of the latter. “Outsourcing often refers to the transfer of a support function traditionally...Read more
Portrait image of Kingsley Osei
Kingsley Osei
Lead Project Counsel, State University of New York, USA
Page 2985
Compliance Blueprint
I have many years working within the field of Engineering within the Ministry of Defence, Automotive, Petrochemical and recently, (for the last 10 years) NHS (“National Health Service”) Estates management,...Read more
Portrait image of Michael Jemmott
Michael Jemmott
Senior Compliance Manager, Skanska Facilities Services, UK
Page 2997
Antitrust Matters in Takeovers!!
The elemental axiomatic truth about jurisprudence and strategic management in takeover settings is that a crucial area that lies at the intersection is a least understood area. Antitrust issues, as...Read more
Page 3011
Selected Consumer Data Privacy Issues in the Drafting and Negotiating of Digital Advertising Contracts
The friction between technology and privacy continues to flare white hot this year. Revelations by Edward Snowden that the US government had and was using its ability to monitor nearly...Read more
Portrait image of Michael Geroe
Michael Geroe
SVP, General Counsel & Assistant Secretary, Adknowledge, Inc., USA
Page 3023
A Consideration of The Role of The Company in Contemporary South African Society and The Traditional Concept of Directors Duties
Corporate South Africa has become entrenched in a plethora of tag lines such as “social responsibility”, “corporate social investment” and the “triple bottom line” in an apparent effort to “give...Read more
Portrait image of Darryl Jago
Darryl Jago
Legal Advisor, Total South Africa (Pty), South Africa
Page 3033
Electronic Money: Special Aspects of Legal Regulation in Russia
The regulatory sphere of electronic money rose in 2011 by adoption of the Federal Law ? 161-FZ of June 27, 2011 “On the national payment system” (hereinafter referred to as...Read more
Portrait image of Valeria Steblyuk
Valeria Steblyuk
Senior Lawyer of Legal Department, Commercial Bank “Garanti Bank - Moscow” (ZAO), Russian Federation
Page 3041
Trade Secret Mediation: A Mediator's Perspective
Trade secret litigation often involves deep levels of distrust, heated emotional exchanges, suspicion and anger on the part of parties and counsel. One source of the problem lies at the...Read more
Portrait image of Erica Bristol
Erica Bristol
Intellectual Property Attorney, Mediator, EB Resolution Services, USA
Page 3049
Governance and Organisational Dilemmas in Building up Your Due Diligence Process
In modern corporate times, due diligence investigations into third parties cannot be left solely to the initiative of the virtuous employee or to the goodwill of the competent manager. They...Read more
Portrait image of Lorenzo Mecocci
Lorenzo Mecocci
Senior Legal & Compliance Counsel, Aerospace & Defence, Sirio Panel S.p.A., Italy
Page 3057
Regulation of Hybrid Financial Instruments Proposed by the OECD
Nowadays, more and more companies are involved in cross-boarder transactions. One of the mechanisms to obtain tax advantages from such transactions is the usage of hybrid financial instruments. In last...Read more
Portrait image of Ekaterina Pleskova
Ekaterina Pleskova
Tax Analyst, Netherlands
Page 3067
Contract Drafting and Negotiation in Multiple Languages
Having managed legal and contractual matters in multiple jurisdictions, I have heard over the past years many professionals based in the US and in the UK raising this usual question:...Read more
Portrait image of Pablo Cilotta
Pablo Cilotta
International Senior Legal Counsel & Head of Contract Management (EMEA & Latin America), Argentina
Page 3071
Bounds and Pitfalls When Splitting the Choice of Law
For most in-house lawyers dealing with international contracts is a daily and ordinary task. In the multi-state context where the contract has a connection to more than one jurisdiction the...Read more
Portrait image of Andreas Schønbeck
Andreas Schønbeck
Attorney-at-law, Vestas Wind Systems A/S, Denmark