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The Association of Corporate Counsel (ACC) is the world's largest organization serving the professional and business interests of attorneys who practice in the legal departments of corporations, associations, nonprofits and other private-sector organizations around the globe.

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197 Results

Resource Listings

Articles

Auditing Corporate Records to Evaluate the Knowledge That They Contain

By J. Edwin Dietel

The following article is a primer for non-lawyers in your company on how to audit corporate records to evaluate the knowledge that they contain as one of the first steps in setting up, revising, and maintaining an effective records management program. Because business people in your company may be more conscious now about records management issues, such as retention and destruction policies and schedules, since Enron and Andersen and other recent news-making events, the article explains the importance of going way beyond the outer concerns of what media to use for storage and how long to keep various records. The article explains the importance of delving into the content of the records and asking the right questions about why the company would want or need to keep the records and how the company could use those records to prove its worth in ways perhaps previously not considered. The article also outlines the critical fundamentals of performing a corporate records audit and offers practical suggestions and materials for completing a records audit. The article is certainly not a substitute for personal advice from in-house counsel geared to the particular records at hand, but should help lay the groundwork for discussions.

Articles

Timing Is Everything: When Document Retention Policies And Related In-House Counsel Advice Intersect With Government Investigations And Litigation

By Mark J. Fucile - partner in the litigation department and co-chair of the professional responsibility practice group, Stoel Rives LLP; Peter R. Jarvis - partner in the litigation department and chair of the professional responsibility practice group, Stoel Rives LLP; and Michael Roster - executive vice president and general counsel, Golden West Financial Corporation

Until recently, document retention policies and advice by in-house counsel on their application were hardly front-page news. The unfolding events in the Enron/Andersen story illustrate how document retention policies and advice by in-house counsel concerning their application can become the subject of intense scrutiny if the destruction of documents and advice on the destruction occur when government investigations and litigation are either threatened or pending.

Advocacy Filings

Brief of Amici Curiae Washington Legal Foundation and Chamber of Commerce of the United States in Support of Petitioner

By Daniel J. Popeo and Paul D. Kamenar - Washington Legal Foundation; Carter G. Phillips, Virginia A. Seitz and Eamon P. Joyce - Sidley Austin Brown & Wood LLP

This brief filed by Washington Legal Foundation (WLF) and the US Chamber focuses on issues that create additional personal liabilities for in-house counsel and defense counsel in general; the zealous representation, level of communication and overall relationship of in-house counsel and their clients; and Document retention policies and the resulting liabilities for those who administer them.

Benchmarking and Research Data

2004 Corporate Records Management Survey of In-house Counsel

By Jordan Lawrence Group

This report summarizes findings from 240 corporate counsel respondents from a wide variety of industries and companies of all sizes. Includes information regarding respondent demographics, current trends, and suggested action to be taken.

Articles

Corporate Compliance

By WeComply, Inc.

This InfoPAK guides the in-house practitioner on how to establish a corporate compliance and ethics program. It begins by outlining the primary corporate legal obligations and requirements, focusing on the Federal Sentencing Guidelines, Dodd-Frank and Sarbanes-Oxley, and then delineates the fundamental elements of an effective compliance program, focusing on how to maximize the potential of your compliance program. Finally, it discusses effective training and enforcement once the program is implemented, and offers numerous additional resources, including sample forms and policies and a Model Code of Conduct at the end.