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Articles
Robert Loewer
11/01/2014

Your company recently made a strategic acquisition. Now, the CEO has advised you that he and the board have decided to divest and sell the European subsidiaries in order to focus on the group’s core business. As general counsel, you must prepare a share purchase agreement for each subsidiary, and local law governs M&A in every country. What do you do?

Resource Details
Source: ACC Docket
Region: United Kingdom, United States
… of post-closing purchase price adjustments in Europe is arguably due to the generally strong negotiation position … to practice law in Illinois and England. r.loewer@nre.com 42 ASSOCIATION OF CORPORATE COUNSEL STRUCTURING EUROPEAN … ACC HAS MORE MATERIAL ON THIS SUBJECT ON OUR WEBSITE. VISIT WWW.ACC.COM, WHERE YOU CAN BROWSE OUR …
Articles
Lee Braem
04/01/2011

Corporations are not only responsible for protecting consumer data, but also for safeguarding the medical data of its employees. This could prove difficult considering the spectrum of employee medical records, and the importance of maintaining privacy. Familiarize yourself with the laws and regulations, and ensure your confidence when identifying, managing and distributing such sensitive information.

Resource Details
Source: ACC Docket
Region: United States
… can pose serious legal con- sequences. this outward focus is valid and undoubtedly overdue; however, companies should … matters. Braem may be contacted at lee. braem@evonik.com. Argentina Funes de Rioja & Asociados Australia Freehills … ACC has more material on this subject on our website. Visit www.acc.com, where you can browse our …
Articles
Suzanne Flaton-Origenes and Brendan J. Jones
10/01/2013

A license agreement that reflects US antitrust law should be simple and straightforward. Like a well-tailored suit paired with classic pumps, it needs no frills or adornments. This article provides an overview of the primary US antitrust statutes applicable to licensing, and recommends drafting approaches to commonplace competition considerations for license agreements.

Resource Details
Source: ACC Docket
Region: United States
… not need any fancy, extra stuff. However, this article is neither a primer on US antitrust law, nor an exhaustive … and plastics divisions. suzanne.flaton-origenes@basf.com Brendan J. Jones is counsel for BASF Corporation, where … ACC hAS MORE MATERIAL ON ThIS SUBJECT ON OUR wEBSITE. vISIT WWW.ACC.COM, whERE yOU CAN BROwSE OUR …
Articles
Jaap Bosman
10/01/2017

Global business leaders provide unique strategies for how the in-house counsel of today can be better prepared to become the in-house counsel of tomorrow.

Resource Details
Source: ACC Docket
Region: Canada, European Union, United States
… and Charybdis By Jaap Bosman Being an in-house lawyer is a very demanding profession. You will find yourself … in-house counsel still be considered a lawyer? Will the com- puter have taken over? Will in-house counsel be the … ACC HAS MORE MATERIAL ON THIS SUBJECT ON OUR WEBSITE. VISIT WWW.ACC.COM, WHERE YOU CAN BROWSE OUR …
Nathaniel Vitan, Cameron A. Smith, and Ephraim J. Pierre
07/01/2019
10 pages

While minority and female representation in the legal community has increased in recent years, the numbers are still lagging. But there are several key steps corporate counsel can take to retain, develop, and promote diversity among in-house counsel.

… of all partners. Unfortunately, this meager increase is the largest annual increase for minority law firm partners … While the number of female general counsel at Fortune 500 com- panies has increased to approximately 30 percent in … ACC HAS MORE MATERIAL ON THIS SUBJECT ON OUR WEBSITE. VISIT WWW.ACC.COM, WHERE YOU CAN BROWSE OUR …
Sample Forms, Policies, and Contracts
02/09/2017

This is a sample letter of agreement between a hotel and company.

Resource Details
Interest Area: Commercial and Contracts
Source: Resource Library
Region: United States
… and Contracts Letter of Agreement February 9, 2017 This is a sample letter of agreement between a hotel and company. … [DAY], [DATE] to [DAY], [DATE] Dear [NAME]: Thank you for selecting [HOTEL FULL NAME] (“Hotel”) as the site for … full Terms and Conditions apply and may be viewed at [WEBSITE URL]. FORCE MAJEURE: The performance of the agreement …
Articles
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.

… 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
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
Region: Australia
Audience: Small Law Departments, Large Law Departments
… 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, …
Articles
Thomas L. Sager
07/17/1997

Five years ago, the DuPont Legal Model was a concept. Today it is a reality that has changed the company’s practice of law in a global, market-driven economy. Like the rest of the corporation, DuPont’s legal practice is managed to make money, not prove principles. Thomas Sager, of DuPont, explains how the model has brought DuPont’s legal department prominence as a leader of the survivors of the tumultuous nineties.

Resource Details
Source: ACC Docket
Region: United States
… years ago, the DuPont Legal Model was a concept. Today it is a reality that has changed the company’s practice of law … identify ways to reduce immediate costs and pave the way for future gains in efficiency and cost savings To this end … 049909 TELEPHONE 65 230-3900 FAX 65 230-3939 WWW.SIDLEY.COM CHICAGO DALLAS Los ANGELES NEW YORK WASHINGTON D.C LONDON …
Docket Article
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.
… 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
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
… 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
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.
… 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
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.
… 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
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
Publication Date: 09/01/2017
For healthcare companies, the use of blockchain has the potential to revolutionize data storage practices, at a fraction of the price of traditional processes. This article provides a summary of blockchain, identifies legal issues, and discusses some of the exciting possibilities and challenges to execution in the healthcare sector.
… Jason I. Epstein Roy Wyman Publication Date: 09/01/2017 For healthcare companies, the use of blockchain has the … of the exciting possibilities and challenges to execution in the healthcare sector. Resource Details Interest Area: … immutably record transactions and ensure integrity; 2) it is a distributed platform that keeps many copies of the …
Docket Article
Publication Date: 02/01/2015
Policies that promote social and environmental justice should be integrated with the traditional production and consumption economy. Financial institutions play an important role in that economic model. Learn how credit-granting policies can work alongside the Brazilian government to achieve social and environmental sustainability.
… Docket Article The Role of Financial Institutions in Protecting Delicate Brazilian Ecosystems Antonio Carlos de … series . Recommended by the International Organization for Standardization, these best practices set out measures … resources have to be thoroughly examined. The target is balance among society, market and environment, creating a …
Docket Article
Publication Date: 10/01/2018
As in-house counsel, you know you need to excel at negotiating with the other side. But to be a great lawyer, you must also excel in your interactions with your own side — your internal clients.
… Danda Zhao Alan Fishel Publication Date: 10/01/2018 As in-house counsel, you know you need to excel at negotiating … in your interactions with the opposing party. All of that is true, but none of that is sufficient. To be a great … to find out a day or a week later that it can. Reasons for disconnects between attorneys and their clients There are …
Docket Article
Publication Date: 12/17/2020
As in-house counsel, if you develop a reputation as a skilled negotiator, business people will seek your input on their issues. It is worth the effort to enhance your negotiation style and ensure mastery of the basic techniques.
… Skills Noah Webster Publication Date: 12/17/2020 As in-house counsel, if you develop a reputation as a skilled … business people will seek your input on their issues. It is worth the effort to enhance your negotiation style and … targets. Smooth out a knotty vendor agreement problem for your product team. Settle an expensive case favorably for
Docket Article
Publication Date: 12/18/2020
Most in-house counsel managing litigation understand discovery obligations and the basics of how to protect attorney-client and work product privileges from disclosure in the United States. Even so, counsel should be aware of the effect of globalization on litigation and the impact cross-border discovery has on privilege.
… Docket Article 5 Tips for Protecting Legal Privilege During Global Litigation Laura … in the likely event that privileged information is produced during discovery. Privilege log .  Keeping a … for the Northern District of California.  elaporte@jamsadr.com Five practical tips to protect privilege in a globalized …
Docket Article
Publication Date: 12/18/2020
By considering external support, companies have an opportunity to tap into a broader community of innovators. But collaboration is often not as straightforward as it seems.
… Docket Article Proactive Steps for Driving Successful Joint Development Relationships Robert … into a broader community of innovators. But collaboration is often not as straightforward as it seems. Resource Details … a JD relationship, consider what issues may arise in the future and how both parties will deal with the end of …
Docket Article
Publication Date: 12/18/2020
This article explores the basic legal tenets of sexual harassment, gender discrimination, and pay equity and offers practical solutions to make cultural and procedural changes that promote equality in both wages and opportunities for women and other minority groups in the workplace.
… that promote equality in both wages and opportunities for women and other minority groups in the workplace. … While corporate America has made great strides, there is no doubt that 2020 will demand more in terms of promoting … Pay equity audit checklist Establish goals. Get buy-in from senior management. Put the right team in place. …
Docket Article
Publication Date: 12/21/2020
Companies are more frequently turning to third-party subject matter experts to outsource their most pressing business needs. Although these relationships present opportunities for companies to improve product and service quality and leverage economies of scale to better compete within their respective markets, they also pose the risks of exposing potential data and confidential information and mismanagement of technology and other IP assets.
… Docket Article IP Risks in Outsourcing: Traps for the Unwary Sarah Beisheim William … and mismanagement of technology and other IP assets. This is because most outsourcing engagements require customers and …
Docket Article
Publication Date: 12/21/2020
As GC for MetLife, Stephen Gauster has focused his energy on building up the company’s greatest assets: its people.
… Docket Article Building a Legal Department for the Future Joshua H. Shields Publication Date: 12/21/2020 … and their individual risks. But the information he is most intrigued by are the answers to human-centered … questions, like how can MetLife source and retain talent in today’s marketplace? Improve work-life balance? Increase …
Docket Article
Publication Date: 10/01/2019
In this article, we outline five tips for companies preparing for a private equity investment and five tips for managing a new private equity relationship post-transaction.
… Docket Article 10 Tips for Preparing for and Managing a Private Equity Investor … and other conditions change. Private equity investment is an option that should be considered by any company looking … reputable third-party Q of E firm, this can help expedite buy-side diligence as the private equity investor may be …
Docket Article
Publication Date: 09/01/2019
Two high-profile patent cases were decided in quick succession by the US Supreme Court and the US Court of Appeals for the Federal Circuit that affect the patent rights of every company. For every in-house lawyer with patent applications considered or pending, these new cases highlight some of the important strategies you need to protect your intellectual property.
… 09/01/2019 Two high-profile patent cases were decided in quick succession by the US Supreme Court and the US Court of Appeals for the Federal Circuit that affect the patent rights of … Recordkeeping can help in experimental testing, and it is recommended that documentation reflects the purpose of the …
Docket Article
Publication Date: 07/10/2020
Sparked by the deaths of George Floyd and Breonna Taylor, protests for racial equality continue globally. Many companies have taken a stand, publicly denouncing police brutality and reassessing their policies to root out racial bias in their organizations. But how are the employees responding?
… by the deaths of George Floyd and Breonna Taylor, protests for racial equality continue globally. Many companies have … and reassessing their policies to root out racial bias in their organizations. But how are the employees responding? … HR employees, respectively. While Alonso said that there is data to be evaluated from other races and groups, SHRM and …
Docket Article
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.
… 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
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
… 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
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
… 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
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
… 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 …
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