Vol.11, No. 43, Spring 2018
Back issue
Vol.11, No. 43, Spring 2018
£125.00
Contents
Page 5223
Making it Stick: How to Provide Legal Advice that Influences Business Decisions

As attorneys, determining the most risk-averse legal advice to give to our business partners often comes naturally. After all, we have both academic and professional experience in considering legal questions.
But...Read more

Joshua Axelrod
Brand Counsel, Celgene Corporation, Ireland
Page 5229
Mitigating Risks of Privately Financed Power Projects in
Sub-Sahara Africa ('SSA')
In 2014, the forty-nine Sub-Sahara Africa (“SSA”) countries, with a combined population of more than 800 million, had an installed electric power generation capacity of 92 Gigawatts (GW). This figure...Read more

Kingsley Osei
Lead Project Counsel, State University of New York, USA
Page 5237
When Things Go Wrong
Project management skills are often undervalued in legal departments
As in-house counsel, we are often called upon to manage or participate in company or departmental projects. These projects can be complex...Read more

Michael Spivey
General Counsel, Africa & South America, Walmart International, Walmart International, South Africa
Page 5243
Compliance with New Anti-Money Laundering Requirements in
New York State

Anti-money laundering requirements, specifically those prohibiting the funding of countries and entities subject to U.S. sanctions laws, continue to be a top priority of bank regulatory agencies in the United...Read more
Bruce Ortwine
External Advisor, Global Legal and Compliance, Sumitomo Mitsui Trust Group, Inc.; Adjunct Professor of Law, Rutgers University School of Law, n/a, USA
Page 5251
Unconventional Trademarks - Trademarking The Taj!
The Taj Mahal Palace, Mumbai is the flagship hotel of the renowned Taj group, an Indian hospitality major that owns and manages some of the best hotels, palaces, resorts...Read more
Rajendra Misra
Senior Vice President - General Counsel, Taj Hotels Palaces Resorts Safaris, India
Page 5257
Leading Successful Change – Creating an Enterprise Agreement and Employment Platform for the Future
The global economy and society are facing into an unprecedented transformation. Digitisation, robotics, engineering and demography are all disrupting traditional modes of social, work and business interactions. To be successful,...Read more

Michael Johnston
Group Head of Employee Relations & Special Counsel, Westpac Banking Corporation, Australia
Page 5267
How not to get Lost in Translation: A Beginners Guide to In-House Lawyers Setting up Legal Functions in Japan


Challenger’s Head of Legal, Product - Andrew Goldstein and Senior Legal Counsel, Jarrod Brooks discuss some of the legal and other challenges they faced in connection with expanding beyond borders...Read more

Jarrod Brooks
Senior Legal Counsel, Challenger Limited, Australia

Andrew Goldstein
Head of Legal, Product, Challenger Limited, Australia
Page 5275
Companies Act 2016 and its impact to Businesses in Malaysia
Existingly, one can establish a business in Malaysia either by way of a sole proprietorship business, partnership business, Limited liability partnership business or as a company. Partnerships are governed by...Read more
Nabil Nazrin
Legal Counsel, Malayan Banking Berhad, Malaysia
Page 5281
When a Settlement Agreement May Unsettle Everything 
Manifold are the functions of law; one of the functions of law practitioners is to guide their clients in their best interests bearing in mind that clients know their cases...Read more

Anna Lefcovitch
Solicitor, Arcadis, UK
Page 5281
When a Settlement Agreement May Unsettle Everything
How a Parent Company May be Held Liable in Torts for the Negligence of its Subsidiaries
Manifold are the functions of law; one of the functions of law practitioners is to guide their clients in their best interests bearing in mind that clients know their cases...Read more

Professor Charles Chatterjee
Senior Research Fellow, Global Policy Institute, UK
Page 5291
Considerations for In-House Counsel in Navigating CFIUS Issues in Cross-Border Transactions

Internal lawyers play a unique role in transactions involving the acquisition of a business, for both acquirers and targets. Frequently, internal lawyers are involved in the early stages of a...Read more
Paul Giordano
Former General Counsel, Ironshore Inc., USA
Page 5303
Crossing National Boundaries to Access Electronic Data: New Technology, Old Laws

On June 5, 2013, Edward Snowden revealed to the world that the U.S. government had ordered Verizon to hand over data under the USA PATRIOT Act, and, the following day,...Read more

Sanjay Agrawal
Senior Counsel, Elekta AB, USA
Page 5319
Practice and Procedure in a Representative State Court System
This article examines civil practice and procedure at the pre-trial level under the “best practices” rules of the courts of the State of New Jersey. Although each of the fifty...Read more

Joseph Aronds
Vice President and Chief Litigation and Trial Counsel, Hartz Mountain Industries, Inc., USA
Page 5331
Navigating the Brave New World of International Trade Agreements
The world seems to be getting smaller every day. Technology has improved the speed of business travel and all forms of commercial communication to the point where the global market...Read more

Bruce Fox
Retired Senior Vice President, General Counsel & Secretary, The Main Street America Group, USA
Page 5341
The Changing Face of Commercial Contracts in the Tech Sector
I have always loved drafting. There is something about a lovingly honed and sparingly worded clause which tickles my synapses. Elegance of expression meets elimination of ambiguity. At least, that’s...Read more

Fiona Morris
Managing Director and Global Lead Counsel, Strategic Contracting, Accenture UK Limited, UK
Page 5349
Conflicts of Interests in Shareholders’ Meetings of Brazilian Corporations: the Legal Framework according to Scholars and the Case Law of the Brazilian Securities and Exchange Commission 
The issue addressed in this paper relates to the interpretation, according to Brazilian scholars and the case law of the decision board of the Brazilian Securities and Exchange Commission, of...Read more

Juliana Bastianello Baldin Martins
Managing Director - Legal Affairs, GTIS Partners, Brazil
Page 5361
Assessing the Risk and Impact of Climate, and Social and Human Capital on a Corporation: An In-house Counsel’s Perspective

With the exception of the few skeptics, climate change has been acknowledged worldwide, and climate change is impacting our environment globally. Companies, and the things we produce, and the way...Read more

Mary Kennard
Vice President & General Counsel (retired), American University, USA
Page 5369
Evolution of Agile Lawyering In-House Counsel as a Strategic Asset



In-house counsel faces a new reality and challenge. The world and business have gone from analog to digital. Innovation, speed, digital technology and the internet have transformed how to manage...Read more

Paul Petta
Chief Franchise Officer, Mastercard, USA

Jonathan Anastasia
Senior Vice President, Assistant General Counsel, Cyber & Intelligence Solutions, Mastercard, USA
Michael Grazio
Assistant General Counsel, Products and Innovation, Mastercard, USA
Page 5377
Evolution and Impact of Securities Regulation With Particular Emphasis on Securities Regulations Prevailing in the State of Kuwait
Regulations have existed in one form or another ever since the evolution of securities and financial instruments. In the UK, licensing of brokers is considered by some to go all...Read more

Jasmin Kohina
General Counsel, NBK Capital, Kuwait