This InfoPAK discusses the role of the general counsel in the United States, Canada and Europe. The purpose of this InfoPAK is to provide some definition of the role, scope and nature of the duties of a general counsel in a globalized, post-Enron, post-Parmalat, post-Satyam Sarbanes-Oxley world, further battered by a worldwide recession the likes of which have not been seen for more than a generation. By noting some of the issues that arise in the ordinary course of an inhouse counsel’s practice, this InfoPAK will help general counsel provide high-quality representation for their corporate client.

This material covers the typical issues that foreign investors face in the Philippines, such as foreign investment rules, taxes, trade transactions, and litigation matters.

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Review key provisions of the FCPA, UK Bribery Act, CFPOA, OECD, Brazil’s anticorruption law and others; highlight the extraterritoriality of each regulation and the impact on global businesses, incorporating recent enforcement actions; explore the local responsiveness vs. global efficiency debate, and how cultural norms impact the effectiveness of corporate compliance programs; and Discuss practical approaches to understanding and mitigating risks. (Topics of interest may include screening suppliers, distributors and agents, and drafting, maintaining and enforcing contractual provisions.)

ACC's International Practice Almanac (IPA) is a unique and incredibly valuable tool, providing you with guidance on the crucial questions you need to answer before engaging in or retaining legal services in countries around the globe. Search the rules of practice, professional responsibility, bar regulation and privilege protection by country. IPA covers the regulation of the practice of law in these countries, including the US states and territories, the provinces of Canada, the member states of the EU, and a number of Asian/Pacific Rim jurisdictions.

Rulings on attorney-client privilege and the work product doctrine occur daily in the federal and state courts. New law is continually being made on the scope of these protections for companies and their counsel in areas like internal investigations, the legal vs. business advice distinction, the crime-fraud and fiduciary exceptions, subject-matter and at issue waiver, the common interest and joint client exceptions, global privilege issues and intra-law firm privilege. In a Jeopardy! format, this interactive presentation will examine the latest developments in privilege law as well as the professional ethics rules governing confidentiality (i.e., ABA Model Rules 1.6 and 1.13) — including cases in which ACC has weighed in as amicus — and recommend best practices to preserve the attorney-client privilege and the confidentiality of work product.

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