Resource Library

508 How Far Will You Go to Do Business with the Government? A Primer on Government Contracting

Ready to move from the billable hour to value-based fee structures for at least some of your outside counsel spend? Not sure how to decide which fee structures are most appropriate for which matter types or stages of matters? Come to this session to learn how to put together your own decision tree. We’ll walk through the considerations you need to weigh when deciding fee structures – with a focus on two increasingly popular approaches: risk collars and fixed fees. We recommend that you combine this with session 401, to expand your toolkit of options.

Extracting value from intellectual property assets through IP monetization activities is a major objective for many organizations. This session will provide an in-depth discussion of issues to consider when assessing and valuing patent, copyright, trademark, and trade secret assets for possible commercialization. The panel will review the IP monetization programs, transactions, and structures available and provide strategies for structuring and building successful deals based on asset attributes, desired outcomes, and governing legal principles (e.g. standing, enforcement, royalty structures, and reserved rights).The panel will also include guidance for engaging key stakeholders to establish an IP strategy that supports monetization activities worldwide.

This program will focus on effective information security and data privacy assessment programs for third-party vendors—including practical tips for effectively assessing information security practices and procedures of third-party vendors, such as law firms and other professional consultants — from the pros and cons of using industry-standard questionnaires to determining when onsite reviews are appropriate and how to handle subcontractors. We will also highlight key, and common, sticking points in negotiating data privacy and information security terms in vendor agreements and provide options and sample language for successfully resolving them, distinguishing as applicable between US negotiations and negotiations where either the customer or the vendor has substantial operations in Europe or Asia.

International mergers and acquisitions (M&A) are likely to pose special challenges for in-house counsel by adding a multi-jurisdictional dimension to the regulatory review and approval process. Discover the differing merger control regimes that must be complied with in doing M&A transactions in the European Union, Canada, China and elsewhere, including the notification thresholds, notification requirements and review processes. Then, explore the issues that arise in managing multiple regulatory compliance processes when the transaction triggers reviews in two or more jurisdictions.

The 2013 ACC Value Champions share how they achieve strong alignment between business clients, inside and outside counsel through leading management practices including pricing, collaboration and continuous improvement. This will be an interactive session, so bring your own questions and concerns.

Learn from representatives of prime upper- and lower-tier subcontractors how to review, track and explain the numerous federal acquisition rules (FARs) that are often incorporated by reference into contracts of all sizes and types, including the differences between optional and mandatory flow-down clauses and exceptions to incorporated clauses in other non–FAR related statutes.

Continue your exploration of value-based fee structure options - looking beyond what was covered in Session 301. We’ll walk through the considerations to weigh when deciding fee structures, focusing on three more popular approaches: portfolio retainers, success/incentive fees, and contingencies. We recommend that you combine this with session 301, to expand your toolkit of options.

This article will describe a powerful and dynamic process for dramatically improving the delivery of legal services to a corporation.

This session is designed to benefit every corporate attorney from the entry level associate G.C. to the experienced G.C. as it argues for a radically different perspective of the Legal Department within the modern corporate structure.