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Showing posts from November, 2016

The interplay-between-indemnification-provisions-and-insurance-clauses-in-contracts-for-goods-and-services

http://www.slideshare.net/secret/EOsZT3pqwSMUWI There is much flexibility in drafting terms of indemnity provisions and insurance clauses in contracts for the provision of goods and services. The circumstances unique to the transaction should be considered. For instance, general terms like “losses” and “damages” or “seller” and “buyer” should be defined as accurately as possible. It is important to include the provision that the contract’s indemnity and insurance coverage are the exclusive remedy available to the indemnitee for all claims that may arise. Failure to do so may enable an indemnitee to “sidestep” the contractual indemnity. Provisions should also address the mechanics of how indemnity and defense coverage is provided. 

Anti-corruption & Bribery in India - Interesting Read!

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Anti-corruption & Bribery in India J Sagar Associates Global, India October 11 2016 Trends and climate Trends Have there been any recent changes in the enforcement of anti-corruption regulations? In the wake of numerous scams being unearthed in India over the past decade, the enforcement agencies have become increasingly proactive in terms of monitoring compliance under relevant anti-corruption and bribery laws and taking action against violations thereof. For instance, in 2015 the Central Vigilance Commission (CVC) opened a suo moto (ie, of its own accord) inquiry against a private company (a subsidiary of a multinational corporation) for the first time, amid allegations that the company had bribed public servants in order to obtain certain clearances and permits in India. The CVC has also taken other proactive actions, such as advising all central government departments on quicker disposal of pending corruption cases and launching the ‘VIGEYE’ mobile applicat

5 Key Considerations When Negotiating an Executive Employment Agreement: Interesting Read

5 Key Considerations When Negotiating an Executive Employment Agreement By: Andrew Sherrod Hiring and retaining capable executives who can drive performance is a top priority for most any business. Companies should want to incentivize management employees to meet their goals and, at the same time, protect themselves from poor performance or incidents of misconduct. Talented executives with coveted skills and experience have their own expectations and requirements concerning compensation, performance criteria, benchmarking, etc. To maintain the proper balance between the interests of the company and the executive, drafting effective employment agreements for key personnel is essential. While not an exhaustive list, below are five important aspects of executive employment agreements that will nearly always warrant consideration during the negotiation process. 1. Protect the Company’s Confidential Information and Property Senior management employees typically have access to sen