Posted in Articles

International HR and employee discipline issues in FCPA matters

When carrying out internal investigations into Foreign Corrupt Practices Act (FCPA) or other bribery issues, multinational employers may find themselves investigating alleged wrongdoing that occurred in more than one country. Lawyers and HR personnel, who often coordinate or directly carry out investigations overseas, need to understand that local laws, practices and cultural differences mean that the differences between investigations from one country to another, and the consequences of failing to understand them, can be significant. In this article, our colleagues Helen ColquhounGurpreet DuhraUte Krudewagen and Rachel Wright outline some of the key considerations for multinational employers when they are conducting cross-border investigations. Click here to read the full article.

Ute Krudewagen, Co-Chair of International Labor and Employment at DLA Piper, advises a number of Israeli clients on solutions to the challenges presented in managing a global workforce and counsels Israeli companies on employment issues triggered by cross-border transactions. Ute was recently in Israel and gave a presentation to a group of in-house counsel on “Navigating the Road to a Global Workforce” at a WIN Israel GC Confidential Diner.

 

 

 

Posted in Accelerate Articles

Understanding common types of seed investments: 4 useful charts

For an early-stage startup, the prospect of securing financing through seed investment for up-front capital expenses can be daunting. This is a simple guide that outlines the advantages and disadvantages of common types of seed investments.

The two most common categories of seed investments available to startups can largely be categorized as convertible debt financing or convertible equity financing. Understanding the differences between the options is essential for a founder to choose the form of financing that is right for her or his startup. Click here to read more.

Posted in Articles

Israel and GDPR: Processors take note

Andrew Dyson, head of the UK Data Protection and Privacy practice at DLA Piper, authored the Privacy and Data Protection chapter entitled, “Israel and GDPR: Processors take note,” in the IsraelDesks International Legal Guide 2018, an international legal and business guide for Israeli companies, click here to read more.

Andrew acts as lead external counsel on major GDPR implementation programs for a number of public and private Israeli companies.

 

Posted in Accelerate Articles

Restrictive covenants: what are they and when and where can they be used

Should you be asking your employees to executive restrictive covenants to prevent them from exploiting your intellectual property, or luring away your customers or co-workers for the benefit of your competitors? Many employers answer this question with a yes. In the US, restrictive covenants are governed by state law, which can vary widely by state. Several US states have specific statutes that specifically address the enforceability of restrictive covenants (eg, California, Oregon, Texas and Wisconsin). But most regulate restrictive covenants thru common law. This article provides a basic overview of some of the key legal considerations in using these agreements, click here to read more.

Posted in Articles Newsletter

The GDPR’s impact on internal investigations

The European Union’s General Data Protection Regulation (GDPR) took effect on May 25, 2018 and has necessitated major compliance efforts by corporations doing business within the EU or (in most cases) processing the personal data of EU employees or customers. However, the GDPR’s effect on corporate internal investigations – both within the EU and abroad – has received much less attention, yet requires considerable planning to avoid problems down the road.

Like the EU Data Protection Directive before it, the GDPR covers a very broad range of personal data: “any information relating to an identified or identifiable natural person.” Thus, most of the information obtained during an investigation of EU-based employee communications or documents is affected – everything from emails and IMs to pseudonymized data, which by definition can still be related back to an identified natural person.

In this article, Jim HalpertDr Daniel Zapf and Carol A. F. Umhoefer take a look at the GDPR’s privacy requirements through the lens of internal investigations and litigation, click here to read more.

Jim Halpert is the Co-Chair of the US Cybersecurity Practice and Co-Chair of the Global Data Protection, Privacy and Security Practice at DLA Piper.  He advises a number of Israeli clients on US federal and state security and privacy matters.

Posted in Accelerate Articles

Capitalization table fundamentals

A capitalization table is a summary of equity ownership in a corporation. Good cap table maintenance and good corporate governance go hand in hand, so it is critical for corporations to keep their cap table accurate and up to date.

In its simplest form, a cap table is a spreadsheet that has columns for, at a minimum, stockholder name, number of shares of each equity type, and ownership percentage.  This simple form, however, belies the complexities that the table expresses. Taking steps to maintain an accurate and current cap table requires a certain level of discipline on the part of the company.

In this article,  provides tips for implementing some best practices that aim to ensure good cap table hygiene. Click here to read the full article.

Posted in Reports

Intellectual Property and Technology Guide to Going Global 2018

DLA Piper’s Guide to Going Global – Intellectual Property and Technology, outlines crucial aspects of IPT laws in 41 jurisdictions that are particularly relevant to businesses seeking to expand their operations globally. We also summarize some fundamental commercial terms that customarily appear in IPT-related agreements.

You will find answers to such common questions as:

  • Which jurisdictions recognize moral rights?
  • What does my business need to do to have an enforceable assignment of intellectual property from an
    an employee, from a consultant?
  • What kind of liability can be excluded from a commercial contract?

With this edition, we’ve also included a section for each country that discusses the enforceability of electronic
signatures.

Click here to read the full guide or access individual jurisdictions.

Posted in Articles

California privacy law poised to alter US privacy landscape

For decades, US state legislatures have taken an incremental approach to privacy regulation, passing legislation that addressed specific privacy issues (eg, a host of employee privacy laws, online privacy policy requirements, SSN privacy) but rejecting bills proposing broad-based creation of new privacy rights.

This pattern changed abruptly this week in California, where both houses of the legislature hastily passed the California Consumer Privacy Act of 2018 (AB 375), a long and confusingly drafted bill that would enshrine in California law a significant number of data subject rights found in the GDPR. Although this law does not take effect for 18 months and could change, it is a major development that companies should study carefully and develop plans for.

Our colleagues Jim Halpert and Andrew A. Kingman explain this major development in privacy law, click here for the full article.

Posted in Accelerate Articles

Stock option grant checklist for startups

Stock options are still the most common form of equity compensation used by private startup companies. In order to provide a quick reference tool, our colleagues and  have put together a checklist of the key requirements and best practices for granting stock options. Click here to read the full checklist.

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