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Articles
Robert Hart and Thomas Melsheimer
11/01/2014

Last year, a Dallas federal jury cleared US billionaire entrepreneur Mark Cuban of allegations of insider trading. His trial lawyer and long-time counsel explain what made the case resonate with the jury. Among other things, jury research and selection play a critical role in any high-stakes trial.

Resource Details
Source: ACC Docket
… Every jury trial contains an element that is impossible to plan for. ■ Jury research. A properly … 5 percent stake in an internet search engine called Mamma.com. According to the government, in June 2004, the CEO of … ACC HAS MORE MATERIAL ON THIS SUBJECT ON OUR WEBSITE. VISIT WWW.ACC.COM, WHERE YOU CAN BROWSE OUR …
Articles
Randolph A. Kahn and Lisa M. Douglas
05/01/2013

Many executives rank data growth as one of their top business challenges. Organizations are now facing the reality that their existing systems for managing information are no longer working. A different approach to information management is necessary considering that our information-driven world is one of heightened compliance requirements coupled with reduced control over information. This article suggests that by adopting an evolved standard of reasonableness, this challenge can be met.

Resource Details
Source: ACC Docket
… working. A different approach to information management is necessary considering that our information-driven world is … executives are all confronted with an increasingly com- plex legal, compliance and technology landscape. We are … aCC haS MORE MaTERIaL ON ThIS SUbjECT ON OUR wEbSITE. VISIT www.acc.com, whERE yOU CaN bROwSE OUR …
Articles
Michael Flanagan
09/01/2013

Most companies create and store audio data. In the event of an investigation, audio evidence can be extremely compelling and can make or break a case. Organizations should recognize the risks and requirements associated with audio data. Because audio files pose unique discovery challenges, read this article to learn the best practices for handling audio evidence.

Resource Details
Source: ACC Docket
Region: United States
… of Audio Recordings By Michael flanagan Audio evidence is powerful. Because a person’s vocal tone, pace and … Dunn & Crutcher in Washington, DC. mike.flanagan@consilio.com 36 ASSOCIATION OF CORPORATE COUNSEL EvIdENCE ThAT SPEAKS … ACC hAS MORE MATERIAL ON ThIS SUBjECT ON OUR wEBSITE. vISIT WWW.ACC.COM, whERE yOU CAN BROwSE OUR …
Articles
Daniel Shulman and Donald W. Rupert
09/01/2013

A company that does not own its innovations cannot get paid the premium it deserves for the value it brings to its customers. Implementing a culture of getting paid for innovations needs to happen at all levels, and management should support this culture from the top down. Also, legal counsel must be well versed in IP ownership issues and risks, and be creative in resolving difficult issues as they arise. This article discusses how a company can support and grow its intellectual property.

Resource Details
Source: ACC Docket
… the only way we can get value for our innovations is to own them. If we don’t, anybody can practice our … revenue of over $14 billion a year. dshulman@pactiv.com Donald W. Rupert is a litigation partner at Marshall, … ip_oct11 ACC hAS MORE MATERIAL ON ThIS SUBjECT ON OUR wEBSITE. vISIT WWW.ACC.COM, whERE yOU CAN BROwSE OUR …
Articles
Carlos Leon, Sr. Manager, Business Development, Contoural, Inc.
08/17/2021
12 pages
Resource Details
Interest Area: Information Governance
Region: United States
… Articles Developing a Return on Investment Model for a Records or Information Governance Program Author Carlos … and planning purposes. However, legal information is not the same as legal advice – the application of law to … Additional information is available at www.contoural.com. Copyright © Contoural 2021 2 Copyright © Contoural 2021 …
Sample Forms, Policies, and Contracts
03/26/2023
3 pages

A sample policy for directing employees, customers and partners in proper trademark usage.

Resource Details
Source: Resource Library
Region: United States
… Usage Guidelines March 26, 2023 3 pages A sample policy for directing employees, customers and partners in proper … of us with your questions or concerns. Our trademarks What is a trademark? A trademark can be words, images, designs, … others 3 At times, our marketing materials (including the website) may refer to other parties or their products and …
Articles
Carolyn Boyle
03/01/2013

This article discusses how recent court decisions have empowered the consumer. For example, in Australia, a leading residential housing developer was slapped with hefty fines for deceptive conduct; real estate developers in India have also found themselves in the regulator’s sights.

Resource Details
Interest Area: Commercial and Contracts
Source: Resource Library
Region: Australia, China, Pakistan
… consumer rights advocates alike. Some maintain that a ban is The perennial game of cat and mouse between business and … Fair Game By Carolyn Boyle (www.internationallawoffice.com), ILO 14 ASIAN BRIEFINGS mARch 2013 © Association of … subject to terms and conditions available on the company website, but the information available online differed from …
Articles
Gregory D. May, James M. McGee and Dennis L. Roossien, Jr.
11/01/2011

As lenders struggle to work out and collect on unprecedented numbers of commercial real estate loan defaults, they’re increasingly turning to receiverships. This article provides a background on receiverships in this context, their pros and cons, and some practical advice on how they work best.

Resource Details
Source: ACC Docket
Region: United States
… the auspices of the court. If the ultimate resolution is through foreclosure, or sale of the note or commercial … lines nationwide. May can be contacted at gmay@orixcm.com. JAMES M. MCGEE’s practice with Munsch Hardt Kopf & Harr … ACC has more material on this subject on our website. Visit www.acc.com, where you can browse our …
Advocacy Filings
04/12/2006

ABA letter to the US Sentencing Commission regarding waiver of attorney-client privilege.

Resource Details
Source: Resource Library
Region: United States
… be a factor in determining whether a sentencing reduction is warranted for cooperation with the government. The ABA has … materials regarding privilege waiver are available on the website of the ABA Task Force on Attorney-Client Privilege at … New Hampshire Ave., NW Washington, DC 20037 www.BlankRome.com Since the adoption of the privilege waiver amendment to …
Benchmarking and Research Data
10/12/2015

The information contained in this Executive Summary of Key Findings and the full report provides useful data for corporate legal departments, law firms and legal industry partners, such as recruiters, knowledge management consultants and litigation support providers as they seek to adjust to environmental changes affecting corporate practice. Legal work continues to shift among law firms, legal service providers and in-house law departments.

Resource Details
Interest Area: Law Department Management
Source: Resource Library
… of Key Findings and the full report provides useful data for corporate legal departments, law firms and legal industry … All rights reserved. For more information, go to www.acc.com/surveys. May not be distributed without expressed … of Corporate Counsel, All rights reserved. The full report is divided into four sections. The Executive Summary of Key …
Articles
Linklaters
01/01/2014

China is at a turning point. Propelled to 
be the world’s second largest economy 
by thirty years of exponential GDP
 growth, China now faces a slowdown and significant macro-economic questions. Compounding this is the constant, and dramatic, evolution of the global economic landscape. China’s response will determine its own role on the world stage for at least the next thirty years and significantly impact the rest of the world.

… on the World Stage Author Linklaters January 1, 2014 China is at a turning point. Propelled to 
be the world’s second … response will determine its own role on the world stage for at least the next thirty years and significantly impact … opportunity. China’s growth on the world stage linklaters.com/chinareport Mahjong is a game of strategy and …
Docket Article
Publication Date: 09/14/2023
Outside GC’s Partner Lakshmi Sarma Ramani and General Counsel Anita Drummond highlight different ways nonprofit organizations can utilize limitations of liability and disclaimers as a resource to protect themselves from liability exposure. #ACCDocket #inhouse #liability
… ACC Docket … Banner artwork by Anatolir / Shutterstock.com Limitations of liability and disclaimers are provisions … from liability.   shmai / Shutterstock.com Below is an overview of these provisions and scenarios for their … contexts. The Nevada Bar provides some examples of website disclaimers. Although limitations of liability and …
Docket Article
Publication Date: 12/15/2020
The November 2020 ACC Docket cover story highlights the best ways that general counsel can lead and bolster their company’s ESG programs, from focusing on the environmental practices to social justice movements. Below are more insights from other ACC Docket authors to encourage in-house counsel to prioritize ESG initiatives and get more support from investors.
… and services that reflect the growing public demand for environmental, social, and governance (ESG) values. … of bias embedded into technology. Some argue that privacy is inherently discriminatory because only the privileged can … you know what? We’re going to have visibility around it, buy it, and get it."  –  Mark Roellig, retired GC at four …
Docket Article
Publication Date: 10/22/2019
A messy office area can be a distraction and an obstacle to your job. Maintaining an organized desk is vital to completing your work tasks, prioritizing your day, and keeping a clear mind. Follow this checklist for a cleaner and more organized workspace.
… and an obstacle to your job. Maintaining an organized desk is vital to completing your work tasks, prioritizing your day, and keeping a clear mind. Follow this checklist for a cleaner and more organized workspace. Resource Details … habits annually and consider needed adjustments Consider buying new office supplies or replacing old ones to simplify …
… Today   Online Renewals Renew online using a credit card for fast, secure service.  Renew Online    Renew by Mail Send … Australia) or +61 3 9248 5500 or email  ausmembership@acc.com  for more information. Hong Kong Members Hong Kong … to the total due to ACC for all wire payments. This fee is determined by your financial institution and is not …
Docket Article
Publication Date: 12/08/2020
Parties should consider the five W’s and one H — who, what, when, where, why, and how — as they draft indemnification provisions in energy contracts.
… process. Who?  Once goals are determined, the next step is identifying what roles each party with play (indemnitor, …  (Oct. 2015). ACC HAS MORE MATERIAL ON THIS SUBJECT ON OUR WEBSITE. VISIT  WWW.ACC.COM , WHERE YOU CAN BROWSE OUR RESOURCES BY PRACTICE AREA OR …
Docket Article
Publication Date: 06/01/2018
Fools rush in when conducting business in Japan. Rather than race through a deal, most Japanese employers value group consensus decision-making — and the same is true for creating contracts and finalizing negotiations with outside parties. After learning the basics of Japanese business etiquette, in-house counsel will discover why patience truly is a virtue.
… value group consensus decision-making — and the same is true for creating contracts and finalizing negotiations … (Oct. 2016). ACC HAS MORE MATERIAL ON THIS SUBJECT ON OUR WEBSITE. VISIT WWW.ACC.COM , WHERE YOU CAN BROWSE OUR RESOURCES BY PRACTICE AREA OR …
Docket Article
Publication Date: 05/01/2017
Five lessons my colleagues and I learned from representing our client and employer at the Supreme Court.
… own company at the level of the US Supreme Court. Along for the ride. Make sure that in-house counsel are involved in … time involved in arguing a case before the Supreme Court is enormous. Ensure that the benefits of in-house counsel … of the oral argument can be found on the Supreme Court’s website. On January 18, the Court ruled in favor of the …
Articles
Susan Hackett, Barb Dawson and Laura Ariane Miller
05/01/2011

In the war over value in litigation between law firms and legal departments, a truce has been called. Recently, the ACC and the ABA came together to engage in a meaningful discussion about value. Learn which findings were expected, surprising and feared, and what the future holds for litigation management.

… participants were interviewed, and their videotaped com- ments explain clearly why they attend- ed — redefining “value” in litigation is a top priority across the board.5 The pervasive theme … ACC has more material on this subject on our website. Visit www.acc.com, where you can browse our …
Articles
Hanna Hasl-Kelchner -- assistant general counsel, Reichhold, Inc.
05/01/1999

With the explosion of high technology, communication is getting faster, but not necessarily better. All employees who use company computers, telephones and stationery should be trained to think defensively about the legal consequences of what they write or say. Formulating an effective document and e-mail management policy can reduce the risk of costly litigation.

… 1999 With the explosion of high technology, communication is getting faster, but not necessarily better. All employees … Even lower tech means of communication are not foolproof For example bid proposal can be inad vertently sent to … content confidential Confidentiality and your choice of com munication channel therefore become key tools for
Articles
Jeffrey D. Paquin -- Chief Operations Counsel, Abbott
05/13/2008

In an interview with Jeffrey Paquin, he explores the nature of law department management. Using his experience, Paquin reflects on what the purpose of management is and highlights its practical aspects.

Resource Details
Interest Area: Law Department Management
Source: ACC Docket
Region: United States
… Paquin reflects on what the purpose of management is and highlights its practical aspects. Resource Details … be done is never an easy situation. this is a tall order for any leader, but for one charged with working with … ADR Section. He can be contacted at jeffrey.paquin@abbott.com. The views expressed in this interview are Paquin’s own, …
Articles
Jeffrey Paquin
05/01/2008

Provides a chief operations counsel's top ten law department leadership principles.

Resource Details
Interest Area: Law Department Management
Source: ACC Docket
Region: United States
… personalities and ideas about how things should be done is never an easy situation. this is a tall order for any leader, but for one charged with working with … ADR Section. He can be contacted at jeffrey.paquin@abbott.com. The views expressed in this interview are Paquin’s own, …
Docket Article
Publication Date: 05/01/2015
This article will review recent developments in the area of LoL clause interpretation and suggest appropriate drafting tips. It will focus exclusively on the LoL clause in the context of commercial (B2B) contracts. The treatment of the clause in the consumer contracting context is an entirely different animal due to a host of statutory restrictions.
… of the clause in the consumer contracting context is an entirely different animal due to a host of statutory … “gross negligence” is provided by Baidu, Inc. v. Register.com , 760 F. Supp. 2d 312 (S.D.N.Y. 2010), decided under New … a large Chinese Internet search engine service, had its website hacked after the staff of the defendant (an Internet …
Articles
Lucas Tavares Bueno - partner and Bruna Pacheco - senior associate, Demarest Advogados
12/14/2016
2 pages

This article provides an overview of the option clauses in Shareholders Agreements regulated by Brazilian law and the instruments that can be used by the parties in order to assure the enforceability of said clauses.

Resource Details
Interest Area: Commercial and Contracts
Source: Resource Library
Region: Brazil
… ASPECTS OF THE ENFORCEABILITY OF OPTION CLAUSES It is customary in Brazil to implement option clauses in … since they are not considered a direct mechanism for the transfer of shares. The purpose of this article is to … shareholder and the obligation of the other shareholder to buy such shares, for a certain price (put option). Call and …
Articles
04/04/2013

The Green California Leadership Awards were established to recognize outstanding environmental achievements in governments who undertake publicly financed and executed projects that provide a measurable benefit to the natural or human environment.

Resource Details
Interest Area: Environmental
Source: Resource Library
Region: United States
… Articles Yolo County Receives Recognitions for Use of Green Power April 4, 2013 The Green California … leadership and vision with this replicable model that is delivering significant savings and will produce clean, … Africa and Asia. For more information, visit www.sunpower.com. About the Green California Summit: The 2014 Green …
Articles
Thiago Giantomassi, Partner, Demarest Advogados
12/20/2013
2 pages

This short article discusses regulatory changes in Brazil implemented in 2013 that made it easier to invest in small and medium-sized companies.

Resource Details
Source: Resource Library
Region: Brazil
… public and private entities, by the Brazilian Agency for Industrial Development [Agência Brasileira de … the form of closed co- ownership that use their funds to buy stock, convertible debentures, subscription warrants or … public offerings. The work carried out by the Committee is extremely important because it develops the Brazilian …
Articles
Philip Strauss - Vice President and General Counsel, Brio Software, Inc.
10/31/2003

Philip Strauss brings you the top four affordable technologies that can help you as a new in-house lawyer, James Bond style.

… issue’s theme of technology, may I opine about the reason for the tremendous success of mp3 trading? It is not to avoid paying for music; it is simply to avoid … to use the translator for this article.Email newbie@acca.com ifyou are interested in joiningthe New-to-In-House …
Articles
Philip Strauss - Assistant General Counsel, Brio Software, Inc.
04/30/2003

An introduction to the New to In-House Interest Group. The New to In-House Interest Group was formed to provide resources for in-house "newbies" who have transitioned from law firms, government, industry, or law school

Resource Details
Source: ACC Docket
Region: United States
… to In-House Interest Group was formed to provide resources for in-house "newbies" who have transitioned from law firms, … eogames. They protect copy- rights, ensure that revenue is recognizable, and minimize exposure to false advertis- ing … you may join the network by emailing newbie@acca. com. Likewise, if you have ideas for products or services …
Docket Article
Publication Date: 04/12/2021
ACC Jobline launched at the start of April with new updates and improvements.
… updates and improvements. Resource Details … ACC Jobline  is the go-to job bank for in-house counsel job seekers and employers and aims to … Job seekers and employers can sign up at  jobline.acc.com . Returning users can log in with their existing username …
Articles
Billie Munro Audia
10/31/2002

The following article is a primer for the U.S.-trained human resources manager tasked with handling a pan-European reduction in force ("RIF") for an American company. It sets out the key elements of a RIF plan, concisely overviews the European legal landscape, addresses seven key issues concerning collective dismissals in six European countries, and provides country-by-country guidance on those issues. If, for example, you do not want one of your company's directors to land in a French jail because you did not follow the correct procedures concerning the collective dismissal of your company's Avignon-based workers, then this article is for you. The article is certainly not a substitute for personal advice from in-house counsel geared to the particular matter at hand, but should help lay the groundwork for an effective RIF plan.

Resource Details
Source: ACC Docket
Region: Denmark, European Union, France, Italy, Netherlands, Spain, United Kingdom, United States
… Billie Munro Audia October 31, 2002 The following article is a primer for the U.S.-trained human resources manager tasked with … ("HR") for La Scala Paper Corporation, a U.S.-based paper com­ pany that develops, manufactures, and sells paper …
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