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Written Submission of the American Corporate Counsel Association to the ABA Task Force on Corporate Responsibility
(The"Cheek Commission?), November 11, 2002.

This material covers the various roles in-house counsel may be called upon to play during a corporate crisis.

This multi-PAK provides a high level overview of the lending market, forms of security over assets, special purpose vehicles in secured lending, quasi-security, negative pledge, guarantees, and loan agreements. It covers creation and registration requirements for security interests; problem assets over which security is difficult to grant; risk areas for lenders; structuring the priority of debt; debt trading and transfer mechanisms; agent and trust concepts; enforcement of security interests and borrower insolvency; cross-border issues on loans; taxes; and proposals for reform.

It feels great to give back to the community, and even better when you're able to contribute through your field of expertise. If you haven't tried pro bono work, ACC and the Pro Bono Institute challenge you to get involved - literally. You too can make a real, lasting difference. Get started with this article and use your department as a catalyst for change.

The Stark Law has promulgated complicated regulations for transactions involving payments to physicians. All facets of the healthcare industry also face on a daily basis the shadow of government prosecutors focused on violations of the federal anti-kickback statute. These laws involve both criminal prosecution and civil liability, and in-house attorneys have at times been prosecuted as individual defendants. Enforcement is expanding to cover individual physicians as prescribers of company products and providers of services to companies, such as consulting and clinical investigator services, and to physician ownership of medical device distributors. Looming over healthcare companies and individuals is the potential to be debarred from participation in Medicare, Medicaid & other federal health care programs. In addition, in-house counsel need to be aware of obscure state laws on the issues of physician self-referral prohibition and anti-kickbacks. This program will discuss the government’s new enforcement trend and mechanisms that in-house counsel can employ to reduce these risks.

A review of Brazil's new anti-corruption law. Discusses the potential corruption liabilities of companies doing business, directly or indirectly, in Brazil.

This article is intended to provide a general guide to the matter of green bonds.

In this article, the Coronavirus Aid, Relief, and Economic Security (CARES) Act is explained in the context of small businesses and non-profits. Resources are available to these sectors impacted by the current crisis.

This ACC Foundation report explores the current landscape of diversity, equity, and inclusion (DEI) within legal departments.

This checklist is for use by licensees when reviewing a licensor's terms for the licence of commercially available packaged software. The checklist covers key issues that frequently arise in these types of licensing arrangements. However, it is not intended to be an exhaustive list and licensees should be careful to review all licence terms carefully. Agreements in respect of software that is to be developed or heavily configured specifically for the licensee are outside the scope of this checklist. In those circumstances, the contract is likely to (and should) contain additional detailed provisions relating to the ownership of intellectual property rights in the new software, acceptance, conformity with specification, delivery of bespoke elements and warranties. The checklist is written from a European perspective. For non-European software licences, users should ensure that they take into account relevant local law issues.

This session focuses on how to structure the transaction, what to watch out for when conducting IP due diligence and which contractual protections are advisable to ensure that such risks are mitigated.

In this sample, find practical tips to consider when drafting and negotiating contracts.

Cloud computing allows us to easily store data without physical storage devices, helping to reduce the carbon footprint. But environmental issues from cloud data centers makes this a mixed blessing.

Capitalizing on the importance of formal training for staff, a business focus, evaluating risks and rewards of litigation, and cutting costs, Brian Cabrera talks about how he leads his legal department - reducing nearly 50 percent of its spending.

The tables are turned in the continuing dialogue between N. Side, general counsel for Federated Overseas Operations Logistics, Inc. (FOOLS, Inc.) and the firm of Oliver, Wendell & Holmes.

This article provides an overview of legal process outsourcing and some guidance for thinking about the “fitness for purpose” of different possible outsourcing moves within law firms and in-house law departments.

George Ditta is general counsel and director of human resources at Emeril’s Homebase, the corporate holding company for the 10 restaurants owned and operated by celebrity chef Emeril Lagasse and his nearly 1,000 employees. Ditta’s office is right down the hall from the test kitchen, where one of his major work benefits is getting to taste these culinary delights at the moment of their creation.

Mitchell and the subsequent Court of Appeal decisions have proven highly controversial. Described as "unduly harsh" and leading to a "climate of fear", Lord Dyson's prediction that there will be more litigation to determine the exact boundaries of the decision have been realised. Much has already been written about the aftermath. The focus of this article is to look at where we are now. How exactly have the rules of the game changed?

Employers’ should be aware of the brave, committed, yet sniffling, sick, and ultimately contagious worker who has the flu and chooses to come to work. An employer has a duty under the Occupational Health and Safety Act1 (the “OHSA”) to “take every precaution reasonable in the circumstances for the protection of a worker” (s 25(2)(h)). Permitting a sick employee to continue working may compromise your duties to your other staff. It may also subject your company to financial liability under the OHSA and unwanted inspections by the Ministry of Labour. Flu season is in full swing and if you do not take preventative measures to protect your workers from an illness in your workplace, your workers may take matters into their own hands.

Boards increasingly recognize the value proposition of corporate directors who come from an in-house counsel background. The role of the general counsel (GC) today extends well beyond legal and requires an array of skills — notably business acumen and leadership. This Quick Overview discusses optimization of Board performance.

This short article (QuickCounsel) provides an overview of Canada's Anti-Spam Legislation (CASL) that came into effect on July 1st, 2014.

An easy reference guide to employee non-compete agreements across borders. It sets out the key considerations to take into account when drafting, updating and enforcing non-compete agreements and restrictive covenants in different jurisdictions in Europe, Africa, and the Middle East.

Corporate social responsibility has become more than an afterthought, with companies everywhere "going green." But is it just in style to be eco-friendly? This article explores how important protecting the environment has become in the corporate world, and details how companies like yours are doing their part.

In this ACC Guide, learn why letting electronic information accumulate can be hurtful, and why deleting it can be difficult. The guide  reviews several deletion approaches that are ineffective and highlights those approaches that work well. These smart strategies will enable companies to create effective programs that ensure compliance, reduce risk, lower costs, and increase productivity.

This InfoPAK (now known as ACC Guides) provides a Q&A that gives a high level overview of the main trends and significant deals in the United Arab Emirates.

Although nonprofits have continued to grow in size and sophistication, they are under constant pressure to increase transparency and justify their tax-exempt status. Instead of a threat, view this as an opportunity to define your organization to your stakeholders, resulting in better management and continued independence from excessive regulations.

This Wisdom of the Crowd, compiled from questions and responses posted onthe Small Law Departments eGroup, addresses issues involving negotiating terms and conditions. The issues discussed include avoiding restrictive terms & conditions, battling conflicting terms, and dealing with hard-line negotiators.