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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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Factsheet EU-U.S. Negotiations on Data Protection

By European Commission

Answers to these FAQs have been prepared by the Data Protection Unit of the Directorate-General for Justice, Freedom and Security with a view to assisting EU/EEA entities, and more particularly SMEs, in understanding the EU legal framework applicable to transfers of personal data processed in the EU (and the EEA) to “third countries” (i.e. countries that are not members of the EU or the EEA).

Program Materials

Enhancing Compliance and Risk Management Through Contracts

By Dan Puterbaugh, Monica Reinmiller and Sarah Sederstrom

Map out key areas of compliance and risk management that can be addressed through effective contract management. Discuss contracting best practices that experienced in-house practitioners have developed to support compliance and risk management. Explore tips for performing a contract risk audit to identify contracts where additional language should address major risks. Identify best practices and tools that your peers use to analyze and address key risks posed by a proposed contract.

Program Materials

“Cultural I”: Emotional and Ethical Intelligence in International Negotiations

By Sara Biro, Audrey Chen, Teresa Holderer, Janice More, Shikha Shah

International negotiations present unique challenges for negotiators dealing with counterparts from different cultural backgrounds. A common language and a shared understanding of negotiation ethics are integral to negotiating viable agreements. If a negotiator is dealing with different cultural backgrounds and different ideas of ethics during the course of negotiations, he or she must know how to acknowledge and respond effectively to the cultural norms and standards of ethical treatment and fairness of her or his counterparts at the bargaining table. This interactive panel of experienced cross-cultural negotiators will provide solutions that will enable you to analyze your negotiation situation, interpret signals during negotiations, cope with cultural differences, and successfully manage the international negotiation process to seal the deal.

Sample Forms, Policies, and Contracts

Physician Contract Review Tool

Use this tool to assess existing hospital/physician relationships in order to identify potential violations of the federal Stark Law, anti-kickback law or False Claims Act (or similar state laws), which could trigger disclosure and/or repayment obligations. This tool can also be used as an aid in negotiating and drafting new agreements with physicians. While this tool was designed primarily with the Stark Law in mind, some of its questions are applicable to an anti-kickback analysis as well.

Articles

Incentive Compensation Regulatory Structure Overview (United States)

By Dennis P. Duffy, Patrick T. Lewis and Keesha N. Warmsby of Baker Hostetler

This Quick Overview is intended to provide a thumbnail sketch of some of the laws and regulations impacting incentive compensation for retail bankers, mortgage loan originators, insurance agents, and brokers and dealers. It will also provide some practical tips regarding the design of incentive compensation plans in the United States.

Program Materials

Managing the Processes and Risks of Cross-Border Discovery

By Scott Carlson, Harvey Jang, and Daniel Lim

Cross-border compliance obligations for multi-nationals means a lot more headaches for in-house litigators tasked with managing cross-border discovery. Discovery obligations vary from country to country — but try telling that to your home regulator who is clamoring for you to turn over documents that another regulator forbids you to. Explore the growing international complexity of discovery/ediscovery compliance with a lively panel discussion that looks at recent regulatory actions, litigations and sanctions, including the Foreign Corrupt Practices Act (FCPA), the UK Code of Business Conduct and the Eighth Amendment to the Criminal Law of the People's Republic of China.

Articles

Top Ten Tips on Legal Support for IT Outsourcing Deals

By Martin Mengelle
Regional Counsel
Central America, Caribbean and Puerto Rico
Hewlett-Packard Co.

Considering the distinctive aspects of a typical IT outsourcing deal, this article presents a top ten list of tips that you should consider when negotiating IT outsourcing deals, whether as legal counsel for the client or for the IT vendor.

Program Materials

Contract Management: What is Realistic for My Department?

By Tim Cummins
President
IACCM

Betsy Griswold
Attorney
United Parcel Service of America,Inc.

Stephen Kaplan
Senior Vice President and General Counsel
Connextions, Inc.

Thaddeus Stephens III
Vice President & General Counsel
CPP

This panel-driven session will discuss understanding your baseline contract management needs and the available alternatives, as well as how to successfully manage a full portfolio of non-disclosure agreements and whether document assembly is ‘worth it.’