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Articles
The Acid Test for Your Compliance Program
Joseph C. Hutchison
04/28/2006

A strong and effective compliance program can be crucial to persuading the prosecutor that your company does not deserve prosecution. If your program is like most programs, the prosecutor is likely to treat it skeptically. Most compliance programs are designed to help prevent an attack, not to help defend the company when authorities raid the company. This article will show you how to strengthen your compliance program against that day.

Resource Details
Interest Area: Compliance and Ethics, Corporate, Securities, and Governance, Law Department Management, Skills and Professional Development
Source: ACC Docket
Region: United States
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… Articles The Acid Test for Your Compliance Program Author Joseph C. Hutchison April … your company does not deserve prosecution. If your program is like most programs, the prosecutor is likely to treat it … the pros- ecutor is likely to treat it skeptically. Most com- pliance programs are designed to help prevent an attack, …
Articles
The Law and Technology-Panel Discussion
08/01/2017
5 pages

The law and technology - a panel interview with four in-house counsel including Chaman Sidhu, David Bushby, Vered Keisar and Luke O’Sullivan.

Resource Details
Interest Area: Technology, Privacy, and eCommerce
Region: Australia
Audience: Small Law Departments, Large Law Departments
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… Not an ACC Member? Request a trial membership . … acla.acc.com 7VOLUME 27, ISSUE 1  AUTUMN 2017 1. How has technology … society. The way I communicate, collaborate and produce is very different from 10 years ago due to technology. For me personally, adopting agile and lean ways of working, …
Benchmarking and Research Data
ACC Australia 2018 In-house Trends Survey Report
Association of Corporate Counsel Australia
01/10/2018
11 pages

The ACC Australia Trends Survey examines the practices, trends and changes in the in-house legal profession. ACC Australia has developed this report with the support of our Corporate Alliance Partners.

Resource Details
Interest Area: Law Department Management
Region: Australia
Audience: Small Law Departments, Large Law Departments
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… completion of the In-house Trends Survey, we thank you for your time and willingness to share your experiences, … © The copyright in the 2018 In-house Trends Report is owned by the Association of Corporate Counsel (ACC) … Unsure 5% 33% 54% 8% 1. See ABC report: https://www.abc2c.com.au/australia-comes-second-in-being-litigious 8 | ACC …
Articles
A New Kind of Captured Board
01/01/2014

This article asks what we should be worrying about: the ‘management knowledge-captured board.’

Resource Details
Interest Area: Corporate, Securities, and Governance
Source: Resource Library
Region: United States
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… to then follow through and make the best decisions for shareholders. What boards need are industry- expert … believe, as longtime governance advisors, that this issue is critically important. It is essential that most publicly … to effec- tively oversee management — can be quite com- pelling in its logic and simplicity. All boards and …
Articles
Seven Corporate Sins as a Source of Government Revenue and Economic Stimulus
Frank Palmay P.Eng., McMillan LLP
02/22/2013
17 pages

This paper examines recent and developing fines and settlements resulting from the seven corporate sins of corruption and bribery, money-laundering, sanctions-breaking, conspiracy, tax evasion, sharp practice, and mistreatment of customers.

Resource Details
Interest Area: Compliance and Ethics
Source: Resource Library
Region: Liechtenstein, Switzerland, United Kingdom, United States
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… strains on governments. Governments everywhere are looking for new sources of revenues without raising taxes. … Trends sponsored by the Insurance Institute of Canada in Toronto on January 17, 2013. Page 2 McMillan LLP  … source of government revenue. Siemens AG Siemens AG is Europe's largest engineering conglomerate. The DOJ and SEC …
Docket Article
Ethical Decisions are an Investment in Your Company’s Reputation
Publication Date: 12/01/2017
Our commitment to conducting business in a lawful and ethical manner is not tested when doing so is easy, but rather when it is hard.
Resource Details
Interest Area: Compliance and Ethics
Source: ACC Docket
… to conducting business in a lawful and ethical manner is not tested when doing so is easy, but rather when it is … behavior has ultimately resulted in increased revenue for the firm in the long run, Zaccaria flatly stated that it … problem by slow paying your suppliers. You would never buy a nice gift for the purchasing agent of one of your …
Docket Article
Asian Briefings: How to Make Sure Your Legal Panel Review Really Delivers
Publication Date: 12/21/2020
Reviewing legal panel arrangements can be a bittersweet process. Too often panel reviews fail to deliver the intended benefits because crucial information is never collected.
Resource Details
Interest Area: Law Department Management
Source: ACC Docket
… deliver the intended benefits because crucial information is never collected. Resource Details Interest Area: Law … why)? What’s the right balance of quality, speed, and risk for each work type? Systems and technology. What do you … please get in touch via email at david.curtain@lodlaw.com . … Reviewing legal panel arrangements can be a …
Docket Article
Save Smart: Records Management in the Digital Age
Publication Date: 09/01/2018
Implementing an effective, company-wide records management policy is challenging and resource intensive. However, the benefits that an organization derives by expending the necessary effort in launching such an initiative are well worth the investment.
Resource Details
Interest Area: Technology, Privacy, and eCommerce
Source: ACC Docket
… an effective, company-wide records management policy is challenging and resource intensive. However, the benefits … of sound governance and organizational risk management. For organizations operating on a global basis, records … 2014 www.aiim.org / Iron Mountain 2014, www.ironmountain.com . 5, 6, 7 Big Data Overload: Why Most Companies Can’t …
Docket Article
Three Steps to Bolster Your Contract Management Process
Publication Date: 12/01/2018
Risk assessment and mitigation begins internally, and it begins with planning, communication, and training. To know what that “wrong” scenario might look like, your internal teams (e.g., sales, marketing, executive, etc.) need to be trained on what red flags to look for. Before you can train your team, however, you need to get organized.
Resource Details
Interest Area: Corporate, Securities, and Governance
Source: ACC Docket
… etc.) need to be trained on what red flags to look for. Before you can train your team, however, you need to get … Define the process. The first step in contract management is defining your process: Who are the key personnel? What are … 1985. 2 Romrell, Jason M, General Counsel, LeadsMarket.com LLC. 3 Stross, Charlie. 4 Shakespeare, William, Romeo & …
Docket Article
Under the Microscope: Readiness Against Search Warrants
Publication Date: 08/12/2024
Ever wondered what happens when law enforcement shows up unannounced with a search warrant? From training lessons to mock drills and handy checklists, learn how a proactive approach can safeguard your company’s interests and maintain compliance. #ACC #ACCDocket
Resource Details
Interest Area: Energy and Public Utility, Environmental, Litigation and Dispute Resolution
Source: ACC Docket
… and Bildagentur Zoonar GmbH / Shutterstock.com In this three-part series, you will learn how to best … to additional requests outside of this scope. Preparation is key. When a search warrant is executed, your employees are … up and down the West Coast. You are primarily responsible for negotiating many of the company’s agreements, including …
Docket Article
Top 10 Habits of Successful Corporate Counsel: #5 Being Curious and Avoiding Typecasting
Publication Date: 09/04/2024
By stepping out of your comfort zone and remaining curious, in-house counsel can prevent typecasting and elevate their career writes GSK’s Senior Vice President Brennan Torregrossa.
Resource Details
Interest Area: Skills and Professional Development
Source: ACC Docket
… Docket … Banner artwork by Sergey Nivens / Shutterstock.com Early in my GSK career, I was at lunch with my colleagues … whether I would be willing to put aside my litigation work for a year and revamp the legal and compliance framework for … higher you go, the broader you need to be. The challenge is, however, that the longer you stay in a role, the more you …
Docket Article
How to Navigate the Reciprocal Enforcement Between Hong Kong and Mainland China
Publication Date: 09/05/2024
A new reciprocal enforcement arrangement entered into by Hong Kong and Mainland China in 2024 — replacing the 2008 arrangement — attempts to make judgments easier to enforce across jurisdictions. Here’s what in-house counsel need to know about the 2024 agreement. #ACCDocket #HongKong #China
Resource Details
Interest Area: Commercial and Contracts, Government, Litigation and Dispute Resolution
Source: ACC Docket
… arrangement entered into by Hong Kong and Mainland China in 2024 — replacing the 2008 arrangement — attempts to make … Kong SAR and Mainland China makes it significantly easier for judgments to be enforced in the respective jurisdictions. … of the ways which jurisdictions attempt to make it easier is by entering into arrangements for reciprocal enforcement …
Docket Article
How to Draft Software-based Patent Claims to Avoid Divided Infringement
Publication Date: 11/12/2024
State Farm Counsel Phelan Simpkins and Ryan N. Phelan, IP partner at Marshall, Gerstein & Borun LLP, offer best practices to protect company IP by enhancing enforceability and reducing the risk when filing a patent claim.
Resource Details
Interest Area: Intellectual Property
Source: ACC Docket
… ACC Docket … Banner artwork by Diki Prayogo / Shutterstock.com In the intellectual property realm, divided infringement, … claim, but no single party performs every step. This issue is most common in method or process patents and particularly … systems where different entities may be responsible for distinct aspects of an invention. For patent owners, …
Docket Article
The White Space in the Legal Marketplace for AI in M&A
Publication Date: 12/04/2024
Using a white space analysis to identify the gaps between the current state of the legal industry and its AI-powered potential, this article explores the opportunities for AI in M&A while also addressing the pros and cons for in-house counsel and outlining considerations for maintaining attorney-client privilege.
Resource Details
Interest Area: Commercial and Contracts, Compliance and Ethics, Information Governance, Technology, Privacy, and eCommerce
Source: ACC Docket
… Docket Article The White Space in the Legal Marketplace for AI in M&A Jennifer F. Nelson Publication Date: 12/04/2024 … Banner artwork and icons by inspiring.team / Shutterstock.com Cheat Sheet White space. There are opportunities for use … tools become more prevalent. Protect your privilege. It is important to thoroughly vet AI usage, platforms, and …
Docket Article
Wisdom of the Crowd: Geopolitical Risk
Publication Date: 07/08/2024
ACC assembled a group of in-house counsel to discuss today's geopolitical landscape and how in-house counsel should monitor it to protect the business.
Resource Details
Interest Area: Government
Source: ACC Docket
… Publication Date: 07/08/2024 ACC assembled a group of in-house counsel to discuss today's geopolitical landscape … Predictability – the ability to anticipate what’s coming – is what makes businesses successful. Legal departments tend … . The relationship between US and China is the basis for many issues that in-house will be dealing with (such as …
Docket Article
Be Careful with Personal Data
Publication Date: 09/19/2022
Rodolfo Ibarra, legal counsel and Rafael Juárez, junior counsel, both of Syngenta, highlight the importance of personal data and surprising places you may find it in your organization.
Resource Details
Interest Area: Technology, Privacy, and eCommerce
Source: ACC Docket
… of personal data and surprising places you may find it in your organization. Resource Details Interest Area: … only they can decide whether their data can be used and for what purpose. The owner has ARCO rights (Access, … Opposition to the publication of PD).  In many cases, it is enough to adapt and implement a privacy notice that …
Docket Article
Positively Legal: Using Travel and Nature to Avoid Burnout
Publication Date: 08/26/2022
Positively Legal Columnist Caterina Cavallaro spoke with GCs Freya Smith, Catriona McGregor, Teresa Cleary, Kate Jones, Chad Aboud, and Michelle Bryant about the daily rituals and positive practices that set them up for success at work and in life, including the importance of exercise, maintaining a fun disposition, and practicing gratitude and meditation. #ACCDocket #wellness
Resource Details
Interest Area: Skills and Professional Development
Source: ACC Docket
… the daily rituals and positive practices that set them up for success at work and in life, including the importance of … Source: ACC Docket … Pakorn Khantiyaporn / Shutterstock.com For this month’s column, we continued our discussion with … exercise, and social connection. If you find your schedule is too tight, she suggests considering “exactly how you are …
Docket Article
Your Counterparty Filed Chapter 11 — Make Sure to Check These 10 Boxes
Publication Date: 09/14/2022
The bankruptcy of your counterparty — can agitate and disrupt your business but you have more power than you might realize to mitigate potential losses and improve recoveries. Learn 10 strategies to be a step ahead. #ACCDocket #businesslitigation #businessbankruptcy #bankruptcy #contracts
Resource Details
Interest Area: Commercial and Contracts, Insurance, Litigation and Dispute Resolution, Real Estate, Corporate, Securities, and Governance
Source: ACC Docket
… and Governance Source: ACC Docket … ADragan / Shutterstock.com Cheat Sheet Improve recoveries. Although your counterparty is filing for Chapter 11 bankruptcy , you might have an opportunity to …
Docket Article
Career Path: The Day You Became Smarter
Publication Date: 12/26/2022
Five tips from ACC Docket Career Path columnist James Bellerjeau in his series, Master Skills to be Effective In-house Counsel. #ACCDocket #MindfulMonday #MondayMotivation #meetings
Resource Details
Interest Area: Skills and Professional Development, Corporate, Securities, and Governance
Source: ACC Docket
… Docket … Banner artwork by igor kisselev / Shutterstock.com I wasted a decade or more sharpening my skills as a … Although this advice applies to any manager, it is particularly helpful for lawyers. Why is that? Because our non-lawyer colleagues …
Docket Article
Positively Legal: Befriending Stress
Publication Date: 10/19/2022
Positively Legal columnist Caterina Cavallaro speaks with Professor Selena Bartlett, an Australian neuroscientist, and GCs Freya Smith, Catriona McGregor, Teresa Cleary, Kate Jones, and Chad Aboud about their personal techniques to manage stress. #ACCDocket #WellnessWednesday
Resource Details
Interest Area: Skills and Professional Development
Source: ACC Docket
… Source: ACC Docket … Buravleva stock / Shutterstock.com You get to work, look at an overflowing inbox, attend … first day you took control of your stress and made it work for you.  In the final article in our series on how to … wine becomes two, are signals that you may be stressed. It is the brain’s way of handling stress. We are not handling …
Docket Article
Career Path: Lawmakers Need a Hippocratic Oath
Publication Date: 02/06/2023
Why do lawyers and regulators waste their energy on policies that backfire? Columnist James Bellerjeau thinks it’s time to hold them accountable.
#ACCDocket #MindfulMonday #MorningMotivation
Resource Details
Interest Area: Skills and Professional Development
Source: ACC Docket
… Docket … Banner artwork by OathUgis Riba / Shutterstock.com Imagine a world where your performance was measured, not … you forgetting we got sued by the EU Antitrust Commission for starting up an illegal cartel with our three biggest … by intentions, Sam?” In the business world the answer is a clear “never.” But when it comes to our politicians and …
Docket Article
Detecting Anti-bribery Violations and Risks Through an Auditing Program
Publication Date: 02/01/2018
This article addresses the need for a robust ABAC auditing program, outlines the elements of an effective ABAC audit program, and provides guidance on how in-house legal departments and internal audit departments can collaborate to effectively detect ABAC violations and continuously improve your ABAC compliance program.
Resource Details
Interest Area: Compliance and Ethics
Source: ACC Docket
… Date: 02/01/2018 This article addresses the need for a robust ABAC auditing program, outlines the elements of … effective ABAC audit program, and provides guidance on how in-house legal departments and internal audit departments can … down barriers.  For compliance program owners, there is a strong case to be made for collaboration with the …
Docket Article
Bringing Your Whole Self to Work, Unapologetically – Temperaments and the Role of a Leader
Publication Date: 07/01/2018
No company or leader wants to underuse their employees. But by discounting or ignoring the skills of the introverted population of their workforce, this may be precisely what is taking place. Each member of the legal department — introverts and extroverts, general counsel and supporting attorneys — have a role to play in rolling back this trend.
Resource Details
Interest Area: Employment and Labor
Source: ACC Docket
… population of their workforce, this may be precisely what is taking place. Each member of the legal department — … bias. While personality bias may be unconscious, it is bad for business and reflects poor leadership. Introvert … Fear (But Great Leaders Always Do), Marcel Schwantes, Inc.com, March 31, 2018. … No company or leader wants to underuse …
Docket Article
Straight to In-house Practice — Internships & First Year Programs
Publication Date: 07/01/2018
In this last part of the series, ACC talks to Independence Blue Cross LLC’s (Independence) Laura Grossi-Tyson, senior director, Benefits, Employee Relations and HR; and Joel Stern, CEO of the National Association of Minority and Women Owned Law Firms (NAMWOLF) to get their thoughts on hiring recent law school grads.
Resource Details
Interest Area: Employment and Labor, Skills and Professional Development
Source: ACC Docket
… Docket Article Straight to In-house Practice — Internships & First Year Programs Tiffani … Professional Development Source: ACC Docket … While there is no one path to in-house practice, many may think that … lawyers do after they do the firm thing — an option for later in their legal careers. However, just like the …
Docket Article
5 Years Later: Lessons Learned from the First Inter Partes Review
Publication Date: 05/01/2018
Based on the first five years, IPRs have proven to be an effective tool for accused infringers to challenge patent validity cheaply and effectively. IPRs have driven down the cost of defending against and the settlement value of many patent-infringement assertions. Those faced with patent assertions cannot afford to overlook IPR as a defense tool. And patent owners, too, must adapt their tactics to address the challenges of IPRs.
Resource Details
Interest Area: Intellectual Property
Source: ACC Docket
… first five years, IPRs have proven to be an effective tool for accused infringers to challenge patent validity cheaply … IPRs, alleged infringers could assert invalidity defenses in district court. Those defenses often took years to be … processes. Approximately six months after an IPR petition is filed, a panel of patent experts issues an institution …
Docket Article
The Cleanup Checklist: Meeting Your Spill Reporting Obligations
Publication Date: 11/01/2018
For emergency events, or even routine spills, the most valuable compliance tool is a practical checklist of key regulatory requirements that will help simplify reporting and simultaneously provide general legal guidance when accidents occur. This article provides that checklist, addresses five frequently asked questions and offers recommended responses, and compares US law to related laws and regulations in Canada.
Resource Details
Interest Area: Compliance and Ethics, Environmental
Source: ACC Docket
… P. Felt Viviana L. Heger Publication Date: 11/01/2018 For emergency events, or even routine spills, the most valuable compliance tool is a practical checklist of key regulatory requirements that … and compares US law to related laws and regulations in Canada. Resource Details Interest Area: Compliance and …
Docket Article
GDPR and Privacy Shield: Different Tools for Different Goals
Publication Date: 09/01/2018
This article compares the Privacy Shield and GDPR, to highlight commonalities, but also gaps that organizations need to address to achieve compliance under both frameworks.
Resource Details
Interest Area: Compliance and Ethics, Technology, Privacy, and eCommerce
Source: ACC Docket
… Docket Article GDPR and Privacy Shield: Different Tools for Different Goals Paola Zeni Francoise Gilbert Max Calehuff … … CHEAT SHEET Privacy Shield. The EU-US Privacy Shield is a cross-border data transfer mechanism, not a data … of geography. Even if a company does not do business in the European Union or the European Economic Area, it may …
Docket Article
Integrating the Cultures—and Employment Laws—of Your Multinational Workforce in the Global Economy
Publication Date: 04/01/2015
US companies going abroad should be aware of the intersection of foreign and domestic labor laws as they pertain to US citizens working abroad for branches or affiliates owned or controlled by US companies, and foreign citizens working for US companies in their own countries.
Resource Details
Interest Area: Employment and Labor
Source: ACC Docket
… Employment Laws—of Your Multinational Workforce in the Global Economy Mitchell A. Mosvick Allegra J. … labor laws as they pertain to US citizens working abroad for branches or affiliates owned or controlled by US … in the corporate world are much longer and the commitment is more difficult to avoid because of the intersection of …
Docket Article
Sharing Regulatory Risk in Global M&A
Publication Date: 12/01/2015
Because of the increasing uncertainties in closing large global transactions, brought on in part by increasing governmental regulations around the world, sellers, in particular, have made greater use of strategies to mitigate and rebalance regulatory — and in particular antitrust — risk.
Resource Details
Interest Area: Corporate, Securities, and Governance
Source: ACC Docket
… Docket Article Sharing Regulatory Risk in Global M&A Mark Van De Voorde Barry A. Pupkin Stephen E. … like the United States, investigating mergers for antitrust can be lengthy; hence termination dates gain … laws being enacted and amended around the world, it is increasingly likely that some of these laws will be …
Docket Article
Advanced Persistent Threats: Effective Response to Nation-State Attacks
Publication Date: 12/01/2015
This article will help you understand today’s most serious cybersecurity threat — the APT. This article also covers some of the key concepts you should understand about advanced cybersecurity threats and how you can properly prepare for these threats as a CLO.
Resource Details
Interest Area: Technology, Privacy, and eCommerce, Corporate, Securities, and Governance
Source: ACC Docket
… cybersecurity threats and how you can properly prepare for these threats as a CLO. Resource Details Interest Area: … take you so far; inculcating a culture of preparedness is also required to lower your risk of a breach. … suffered an APT attack: Profits fell 46 percent in Q4 2013. Target reportedly spent US$ 61 million (€55 …
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