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Articles
Christian Palmieri and Monica B. Richman
01/01/2017

In an era where music is becoming an openly shared commodity, the fate of music sampling — or the process of incorporating old songs into new recordings — has never been more uncertain. Starting in the early 1990s, the legality behind sampling practices changed dramatically, as material that was once freely repurposed became protected under the threat of copyright infringement. By chronicling this growth, in-house counsel can better understand how the tune changed along the way.

Resource Details
Source: ACC Docket
Region: Germany, United States
… Monica B. Richman January 1, 2017 In an era where music is becoming an openly shared commodity, the fate of music … want to do a mash up (sample) of music for your company website. Do you need a license? Maybe — but maybe not. Read … trademark portfolio. christian.palmieri@aenetworks.com Monica B. Richman is a partner at Dentons. She has …
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 …
… Not Found We can't seem to find the page you are looking for. Try searching our site: Search Or use these helpful links: Resource Library Chapters Networks In-Person Education Online Education Job Search ACC Docket Legal Operations …
Docket Article
Publication Date: 05/29/2015
This article includes a list of import and export topics to include your pre-acquisition checklist. This list is not exhaustive but can serve as a guideline. A more comprehensive list should be developed for an audit.
… Docket Article Make Sure Your M&A Due Diligence Checklist is Complete Association of Corporate Counsel Publication … a guideline. A more comprehensive list should be developed for an audit. Resource Details Interest Area: Compliance and … presents the following scenario:  Your company is in the midst of an acquisition. During negotiations, a …
Articles
Womble Carlyle Sandridge & Rice, LLP
11/19/2013

This InfoPAK addresses United States laws imposing export controls and economic and trade sanctions. These laws and their implementing regulations can present unique challenges to businesses, as they are complex and often, can be counter-intuitive to the business person. Nevertheless, U.S. government enforcement agencies expect companies to know the rules governing cross-border commerce. Further, an increasing number of companies are being held accountable for violations of these laws and regulations and are receiving ever-increasing
penalties.

Resource Details
Source: Resource Library
Region: United States
… 20036 USA tel +1 202.293.4103, fax +1 202.293.4701 www.acc.com By in-house counsel, for in-house counsel.® Association … of their lawyers, unless so stated. Further, this InfoPAK is not intended as a definitive statement on the subject. … Electronic Licensing System, which can be found on the BIS website. If approved, the exporter will receive a license …
Program Materials
David Eberhardt<br />Principal<br />Miles & Stockbridge P.C.<br /><br />Juliette Pryor <br />EVP, General Counsel & Chief Ethics Officer <br />U.S. Foodservice <br /><br />Robin Weyand <br />Legal Counsel, CDIY<br />Stanley Black & Decker, Inc.
10/24/2011

Effective support of a company’s sales function requires striking the right balance between making it easy and efficient for the company and its customers to contract with each other, while appropriately protecting the company against key risks. Legal departments are required to do more with less, so the approach taken to supporting the sales function must be efficient. The panelists will discuss strategies for achieving these goals, including identification of different customer types and approaches for each type, clear identification of key risks and tolerances, contract simplification and the use of plain English, sales force training and self-help tools, and processes to streamline the collection of information, drafting, negotiation, authorization and tracking of contracts.

Resource Details
Source: Meetings
Region: United States
… the right balance between making it easy and efficient for the company and its customers to contract with each … Department Involvement • Managing the Contract after it is Signed • Five Tips You Can Implement (or Begin to … tangible property caused by our negligence (because we can buy insurance to cover that risk). Training and self-help …
Sample Forms, Policies, and Contracts
11/29/2016
1 pages

This sample checklist walks in-house counsel through the Intellectual Property (IP) due diligence process, in preparation for negotiating the asset purchase agreement.

Resource Details
Source: Resource Library
Collection: Contract Negotiation Skills
Region: United States, Global
… Property (IP) due diligence process, in preparation for negotiating the asset purchase agreement. Resource … your company needs to know the value of what it will be buying. To effectively negotiate an asset purchase agreement, … due diligence of the target company’s assets. Below is a check list to walk you through the IP due diligence …
Articles
Diane Gilhooley, Tom Player, Lee O’Connell, Bernd Pirpamer, Meriam Nazih Al-Rashid, Deborah Attali, Sten Foyn, Mark Herlach (Eversheds Sutherland)
09/21/2023
14 pages

This article discusses global labor practices, which are under increasing scrutiny as pressures grow on businesses to address human rights in their operations and supply chains. This article breaks down practical application for businesses and highlights nations that have already implemented due diligence laws.

Resource Details
Region: Global, European Union, France, Germany, Netherlands, Switzerland, United Kingdom, United States, Belgium, Austria, Norway
… increase company accountability for human rights standards is accelerating and it is likely that more regulators and … – file a yearly report and publish it on their website The Act applies to all operations globally and to … For more information, please contact eversheds-sutherland.com © Eversheds Sutherland 2023. All rights reserved. …
Simon Fish
09/01/2019
2 pages

To do our jobs as in-house counsel well, ACC Chair Simon Fish stresses that we must keep up with trends within the global business community, especially those tied to evolving legislation and technology.

Resource Details
Region: European Union, United States
… technologies — and their implications for the business — is one such area. There is a side to our professional … the California Consumer Privacy Act” (www.acc.com/make-up … For more resources related to technology, visit the ACC website and browse the Resource Library by interest area, or …
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 …
Articles
Association of Corporate Counsel
08/25/2011
55 pages

The ACC Guide addresses a variety of methods for increasing value by improving relationships with outside counsel.

Resource Details
Interest Area: Law Department Management
Source: Resource Library
Region: Global
… 2011 55 pages The ACC Guide addresses a variety of methods for increasing value by improving relationships with outside … 20036 USA tel +1 202.293.4103 fax +1 202.293.4107 www.acc.com In today’s competitive global economy, in-house counsel … it progresses, and evaluating performance once the matter is resolved. The information in this guide should not be …
Articles
ACC
08/25/2011

In today’s competitive global economy, in-house counsel are under constant pressure to deliver increased value to the client. This InfoPAK addresses a variety of methods for increasing value by improving relationships with outside counsel. It begins by outlining the steps that in-house counsel should take before retaining outside counsel, including setting goals and defining value, creating a strategic plan, and structuring operations to achieve success. The InfoPAK then examines the steps to take after a matter requiring outside counsel arises, including determining the scope of work required, choosing the right firm and fee-structure to maximize value to the client, managing the matter as it progresses, and evaluating performance once the matter is resolved.

… to the client. This InfoPAK addresses a variety of methods for increasing value by improving relationships with outside … it progresses, and evaluating performance once the matter is resolved. Resource Details Interest Area: Law Department … 20036 USA tel +1 202.293.4103, fax +1 202.293.4701 www.acc.com By in-house counsel, for in-house counsel.® Association …
Articles
CEB
10/18/2016
13 pages

This brief article provides an overview of the cultural values that shape interpersonal communications.

Resource Details
Source: Resource Library
… have changed since the time of publication. A FRAMEWORK FOR MEMBER CONVERSATIONS The mission of The Corporate Executive Board Company is to create revolutionary economic advantage for leaders of … , AND COMMU NICATIONS PRACTIC E www.cec.executiveboard.com © 2011 The Corporate Executive Board Company. All Rights …
Program Materials
CEB Communications Leadership Council
10/22/2014

A detailed presentation containing graphs, charts, and checklists on developing a global business mindset.

Resource Details
Interest Area: Commercial and Contracts
Source: Meetings
… have changed since the time of publication. A FRAMEWORK FOR MEMBER CONVERSATIONS The mission of The Corporate Executive Board Company is to create revolutionary economic advantage for leaders of … , AND COMMU NICATIONS PRACTIC E www.cec.executiveboard.com © 2011 The Corporate Executive Board Company. All Rights …
… 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
Kathryn K. Mlsna
01/01/2013

Successful boards are the result of aligned expectations, laser-like focus and the right committee architecture and operation. The work of board committees should not be underestimated in this equation. Impactful boards do not happen without them. The work that the board committees conduct between meetings serves as a springboard for policy decision-making. Learn about the 10 actions an organization can take to build and operate effective committees.

Resource Details
Source: ACC Docket
… of any board, the important work of board committees is often underestimated. Impactful boards do not just happen. … the important work of any board is conducted by its com- mittees. This important work forms the springboard for … ACC hAS More MATeriAl on ThiS SUBJeCT on oUr weBSiTe. viSiT WWW.ACC.COM, where yoU CAn BrowSe oUr …
Articles
Maggy Baccinelli
04/01/2011
2 pages

Kate Duchene, CLO and executive vice president, human resources of Resources Global Professionals, discusses fostering a team-oriented environment and promoting ethical behavior, while coping with current regulations.

Resource Details
Source: ACC Docket
Region: United States, Global
… the CLO and executive vice president, human resources, she is a stalwart of the consulting firm where she has worked for … employees engaged, she says, is through frequent and open com- munication. “I always say it’s not the union rep who … ACC has more material on this subject on our website. Visit www.acc.com, where you can browse our …
Articles
Scott P. DeVries; Tad Pethybridge; José N. Uranga
03/01/1998

Whether the expense of an environmental consultant is a defense cost which, like other defense expenses, is recoverable as incurred, or an indemnity cost, recoverable only at the end of coverage litigation, is one of the most significant issues in environmental insurance coverage litigation today. By carefully planning, tracking, and describing such expenditures, policyholders can help maximize the chance that they will be recoverable as defense costs and thus get the most from insurance coverage.

Resource Details
Interest Area: Environmental, Insurance
Source: ACC Docket
Region: United States
… Articles Insurance Coverage for Environmental Investigation Expense Author Scott P. … 1, 1998 Whether the expense of an environmental consultant is a defense cost which, like other defense expenses, is … appeal to emotion and assume they will not understand com plex testimony Judges should consider turning to the …
Articles
12/01/2009

This "How To" resource can help guide a legal department moving from predominantly hourly billing to alternative billing scenarios - with goals, planning, types, and key considerations.

Resource Details
Interest Area: Law Department Management
Source: Resource Library
Region: United States
… Key considerations to keep in mind   Defining the goals   … do savings for the client automatically mean reduced profit for the firm?    …  true cost control measures that last and create a platform for further efficiencies.   o … ou forward any you’d like to share to accvaluechallenge@acc.com and reference this ‘how to.’   Planning the approach  …
Articles
04/05/2017

This Wisdom of the Crowd, compiled from questions and responses posted on the IT, Privacy and eCommerce Forum, addresses under what conditions consequential damages in non-disclosure agreements should be disclaimed.

Resource Details
Source: Resource Library
Region: United States
… damages in our non-disclosure agreements (NDAs). Is this ever justified?   Wisdom of the Crowd: Response #1: … on a third party (the court) to interpret your contract for you. Maybe you want that; probably you do not. It is … 1   Response #2: Our answer has always been no. On the buy side, if they want to come in and do a presentation, or …
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 …
Megan Belcher
11/01/2019
8 pages

Coaching has made a powerful impact on this lawyer’s career development—and it could do the same for you.

… way I liked it done. What I quickly learned was that this is not leadership; it is a model of supervision (not leading) … secretary for The Scoular Company. mbelcher@scoular.com 38 ASSOCIATION OF CORPORATE COUNSEL FINDING A TRUE … ACC HAS MORE MATERIAL ON THIS SUBJECT ON OUR WEBSITE. VISIT WWW.ACC.COM, WHERE YOU CAN BROWSE OUR …
Articles
Practical Law
12/01/2014
23 pages

This InfoPAK (now known as ACC Guides) provides a high level overview of matters relating to practical issues concerning oil and gas and power including, the domestic oil and gas and electricity sectors, rights to oil and gas, electricity generation and renewable energy, oil and gas health and safety and the environment, and electricity transmission, distribution and supply in the United States.

Resource Details
Source: Resource Library
Region: United States
… 20036 USA tel +1 202.293.4103, fax +1 202.293.4701 www.acc.com By in-house counsel, for in-house counsel.® Association … or any of its lawyers, unless so stated. This InfoPAKSM is not intended as a definitive statement on the subject but … by PLC. For more information about PLC, visit their website at http://www.practicallaw.com/ or see the “About the …
Benchmarking and Research Data
10/12/2015

Based on responses from over 5,000 in-house counsel in 73 countries, ACC's 2015 Census Report offers legal departments, law firms, and other legal industry partners insight into one of the largest ever samplings of the in-house community.
Purchase an electronic copy of the full survey or download the free Executive Summary below.

… multi-jurisdictional work and more. By in-house counsel, for in-house counsel® 2015 ACC Global CensuS A PROFILE OF … All rights reserved. For more information, go to www.acc.com/surveys. May not be distributed without expressed … Corporate Counsel, All rights reserved. Th e full report is divided into four sections. Th e Executive Summary of Key …
Articles
Susie Lees, Meridith Aiello,
Rachael Luthy and Lucy Butterworth
10/01/2013

Reactive law departments respond ad hoc to requests and handle emergencies as they crop up. Proactive departments have processes, tools and cultural behaviors in place to deal with incoming requests efficiently, and thus are better able to strategically manage risk. Learn more about what how legal departments can stop constantly putting out fires and become proactive business partners.

Resource Details
Interest Area: Law Department Management
Source: ACC Docket
… shift from a reactive law department to a proactive one is ensuring that senior department leaders have an in-depth … workshops for executives. maiello@huronconsultinggroup.com Rachael Luthy, a manager at Huron Legal, has experience … ACC hAS MORE MATERIAL ON ThIS SUBJECT ON OUR wEBSITE. vISIT WWW.ACC.COM, whERE yOU CAN BROwSE OUR …
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 …
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