Resource Library

This session will enable in-house counsel to effectively respond to the need for a large-scale contracts remediation effort. This need may arise as a result of a regulatory enforcement action, such as after a US Foreign Corrupt Practices Act violation has occurred, or after a change in regulation, such as when the EU declared the Safe Harbor framework to be invalid. While these efforts tend to be reactive in nature, panelists will pinpoint best practices for proactively identifying all business relationships and collecting and warehousing the associated documentation so that the company will be prepared to respond if needed. Panelists will present case studies of remediation projects, whether undertaken expeditiously under the watchful gaze of a monitor or over time in response to a change in regulation, or after the merger or divestiture of a key supplier.

More and more nonprofits are striving to have a global footprint. Expanding operations across borders poses unique challenges to US-based nonprofits. From opening and closing offices to moving assets, grantmaking, and managing data issues, this session will take a deeper look at the legal and business aspects of managing overseas operations.

This presentation includes an overview of process improvement methodologies (including Six Sigma and Lean). Outlines framework for a process improvement project and showcases key tools to create a project charter, assess client requirements, and map a process. From ACC Value Challenge workshop, Legal Service Management, July 2010: www.acc.com/legalservicemanagement

Internal investigations can be advisable or required when evaluating an employee complaint or defending the company against a formal employment claim. But there are many questions: Should you speak directly to the litigating former employee? What if the litigant is a current employee? Can you ask human resources to communicate with the litigant directly on your behalf? Can you speak to co-workers? Can you require co-workers to speak to you? Can you check the litigant's social media posts? Can you read their Internet email if accessed from your employer's network? Can you, and should you, protect the attorney–client and work product evidentiary privileges? And what if you are investigating your own boss? Learn how to ethically conduct an employment investigation from a panel of experienced corporate counsel as they discuss challenges, ethical obligations and best practices of internal employment investigations and litigation around the globe.

Large multinational corporations face complex challenges when trying to protect their businesses from competition. Many organizations are starting to require that all senior employees around the globe have two-year noncompete agreements. Is this a solution your organization is considering? A global panel of in-house and employment and benefits attorneys will discuss this scenario in an interactive, 90-minute program. The panelists will explore and discuss some of the essential questions that global employers must be asking their counsel: Is it possible or desirable to have a global noncompete? Is there a preferred duration? Does an employee need to be paid? What is a garden leave and what are the best terms to include? Are there other restrictive covenants allowed? You will be encouraged to offer your own scenarios and questions for comment.

In the current political and regulatory environment, government oversight and enforcement activities are increasing rapidly; internal and external scrutiny over corporate and accounting practices is at an all-time high. Prompt and thorough internal investigations of allegations of mismanagement and potential misconduct are critical to respond to a governmental investigation or threatened litigation. Panelists will discuss assessing the risks of fraud and the consequences of doing nothing, benefits of comprehensive investigations, effective investigative techniques and how to undertake necessary and appropriate remedial efforts to manage results of investigations at organizations of varying size.

In working with your company’s board of directors, you will notice that an ever-present concern for the directors is the issue of potential liability to shareholders that is attendant to the role. Please come join a panel of your colleagues and corporate governance experts for an in-depth look at the real-world scenarios that have shaped director liability law in the previous year. The discussion will also focus on how the recent decisional law in Delaware and other influential United States jurisdictions might affect the future decisions of boards in the coming years.

This program will review lessons learned in international litigation and alternative dispute resolution (ADR) with a focus on Mexico. Most multinational corporations now have significant operations located in Mexico and, despite the business’s best efforts, may unfortunately find themselves embroiled in a legal dispute there. We will review the applicable legal recommendations for arbitration, mediation and litigation, including issues such as law firm selection, supervision of Mexican litigation, expected time frames for resolution, discovery, substantive and procedural concerns, institutional arbitration options, enforcement issues, etc. In-house counsel with experience in Mexican disputes will offer their insights and recommendations based on their experiences in-country.

Many businesses in local, national and international markets are starting to see the value of embracing green and sustainable values. This program will explore current U.S. Federal Trade Commission (FTC) green guides, the expanding scope of eco-labels, litigation on environmental marketing claims at the state level and recent FTC enforcement. Faculty will address key updates to prior green guides, new types of green claims, revisions to environmental benefit claims, guidance on the use of certifications and seals, areas where advertisers will have to change their current practices, and practical tips for compliance.

A round table discussion of leading public- and private-sector Equal Employment Opportunity Commission (EEOC) attorneys, an in-house counsel to a Fortune 500 company, and leading dispute resolution experts present key issues in EEOC cases and highlight the best practices in typical EEOC mediated settlements — early intervention, court mandated and other opportunities in the life cycle of a case.