The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.
The widespread move towards more market-driven models of political economy combined with the expanding internationalisation of business and commerce has led to a series of proposals for global competition rules. To date these proposals have been hotly contested. The purpose of this book is to investigate in some depth whether there is a rational foundation for pursuing international competition rules, and what form these laws should take. The book takes examples from existing competition laws around the world, in particular the US and the EU both of which have a long history of enforcing established competition rules.
This book, written by an academic-cum-practitioner with substantial experience in the field of antitrust enforcement, presents the rise of private enforcement of competition law in Europe, especially in the context of the recent modernisation and decentralisation of EC competition law enforcement. In particular, the study examines the role of courts in the application of the EC competition rules and views that role in the broader system of antitrust enforcement. The author starts from the premise of private enforcement's independence of public enforcement and after examining the new institutional position of national courts and their relationship with the Court of Justice, the Commission, and public enforcement in general, proceeds to deal with the detailed substantive and procedural law framework of private antitrust actions in Europe. The author describes the current post-decentralisation state of affairs but also refers to the latest proposals to enhance private antitrust enforcement in Europe both at the Community level, where reference is made to the December 2005 Commission Green Paper on Damages Actions and its aftermath, and at the national level, where reference is made to recent and forthcoming relevant initiatives.
No branch of European law has been as subject to expansion and change as competition law. Between the enormous forces of globalisation, technology, and EU enlargement, the Commission and national competition authorities have been compelled to keep rethinking their practices and procedures and issuing new regulations. Now, in the wake of its highly acclaimed predecessors, the new Third Edition of European Competition Law offers the practitioner everything required to act in accordance with the latest developments in the field. Along with the thorough guide to continuing practice that its readers have come to expect, European Competition Law in its Third Edition fully covers such areas as the following: the Commission's new assessment of distribution practices and vertical restraints, in particular the block exemptions granted by Regulations 2790/1999 and 1400/2002; procedure before national competition authorities and national courts for enforcement of European rules under Regulation 1/2003; the new Merger Control Regulation in force as of 1 May 2004; the new Transfer of Technology Regulation; and, the increased fines for hard-core cartel practices or abuse of dominant market position. The Third Edition is remarkable in that it actually previews the substantive and procedural rules that will be coming into effect during 2004 and subsequent years. And, like prior editions, the work has no peer in its coverage of past administrative practice and the case law of the Court of Justice. All in all, European Competition Law, Third Edition, will be of immeasurable value to practitioners who need to keep informed about how EC competition laws are applied, so they can continue to render practical, meaningful advice to firms whose agreements, transactions and conduct in the marketplace are governed by competition rules.
