Since the Enron and Arthur Andersen debacles, prosecutors have shifted toward deferring prosecution of companies and enhancing their scrutiny of officers, directors and professionals. Companies have become more willing to lay blame at the feet of in-house counsel and plaintiffs’ counsel are suing in-house counsel to increase the size of settlements and pit corporate insiders against each other. This program explored the personal liability risks that in-house counsel face in every day situations and provided the legal background so that in-house counsel can properly address those risks.
What does “litigation management” really mean? How do you do it? Are you supposed to be involved in every detail or merely outsource cases to outside counsel and receive status reports, or something in between? Does it matter what kind of case it is? How do you best advise your boss of the status of these cases? The panel discussed different methods and styles of litigation management, and guided attendees to determine which approach works best for them, their companies, and their cases.
Lawyers consume vast amounts of energy, paper, water and other natural resources, and we generate a large stream of waste products, all of which have a substantial impact on climate change and environmental quality. The solution to climate change and diminishing environmental quality not only includes global and national action, but also efforts by individuals, businesses and organizations — including the legal profession — to reduce environmental impacts. This session explored case studies of law firms and law departments “going green” and highlighted sustainability guidelines that have been developed by the ABA and various state bar associations.
Is a data theft or breach one of your company’s worst nightmares? Read the daily paper to see the serious ramifications that can occur under such a breach. What can and should you know about this subject matter and implement to help protect your client? This presentation provided a summary of the current state of the law (state and federal), a discussion of to whom the laws apply and the types of data that have to be protected, and a description of the technology that can be used to help compliance.
Shareholders are important stakeholders for every company and recent events have shown the risks a company faces in dealing with them. Shareholders are becoming more active and more aggressive, often using their influence to create short-term stock market gains rather than long-term value, or pursuing proxy fights based on their views of good corporate governance and good citizenship. Our expert panel discussed common approaches of shareholders; successful and unsuccessful responses to activist shareholders on a range of issues relating to conducting the annual meeting; proxy disclosure and solicitation issues; and the role of institutional shareholder services.
It is impossible to keep up with it all, but this session will help. Our panel of experts provided an update of the year’s most significant litigation and regulatory decisions affecting both private and public companies. What you don’t know CAN hurt you and your organization, so don’t overlook this information-packed session.
Companies, including those unrelated to electric industries, are involved in programs that involve the marketing, purchase and sale of renewable energy attributes or credits produced when “green” energy is generated. This program focused on the nature of these attributes, how these attributes intersect with carbon offsets, the legal issues encountered with such programs, and key terms of agreements used in transactions involving renewable energy attributes. Attendees learned the nature of green energy attributes and the types of issues that they will encounter when asked to become involved in their company’s efforts to “go green.”
The Pacific Rim includes many of the leading or emerging centers of trade including China, Japan, Taiwan, Australia and the United States. Our experienced international panel provided insight into trade in the Pacific Rim, with a focus on Australasian aspects, including an overview of recent developments in the region such as Free Trade Agreements and developments in competition laws. The panel also provided invaluable advice to corporate counsel on how business and legal relations are conducted in the region, including advising on aspects of local “custom” that can help you conclude your agreements and transactions more efficiently and with more successful outcomes.
Non-profits may secure significant long-term, low-cost funding through the issuance of tax-exempt bonds, but the process is technical and complex. This session covered the basics on the benefits and risks of such financing, as well as the process and possible pitfalls in successfully bringing a bond deal to closure, and being a key player in the bond process. Specific topics included IRS requirements, state law issues, applicability of certificate of need requirements, the bond application process, choosing a financial advisor, underwriter and other professionals, accounting and audit issues, and corporate and regulatory approvals.
How can general counsel support the company’s corporate social responsibility initiatives, setting and communicating the tone-at-the-top, as well as facilitating practical implementation of CSR initiatives that benefit both your company’s image and bottom line? Open only to chief legal officers, the CLO Club was an interactive discussion that employed large and small group dialogue for sharing ideas on successful practices and advice on how to meet challenges.
Law Departments Adding Value: Structuring and Managing Outside Counsel Relationships and Beyond - Management Report
This ACC Law Department Executive Leaders session included discussion of organizational structure, staffing and work allocation, outsourcing services, global considerations, and professional development.
An overview of finance and accounting issues that in-house counsel may encounter. Includes guide to accountant's role and GAAP, basic financial statements and their importance, liquidity, leverage, corporate finance model, capital markets, corporate reporting and performance pressures, non-financial considerations, and a common sense approach to these issues.
This program outline addresses the following questions: What is a green lease? Why a green lease? How do you measure carbon/energy reduction and sustainability? How do you make a sustainable design/operation part of your leasing program? Other key green considerations are also covered.
Millions of people participate in social media networks, millions of dollars are spent on them, and these worlds will probably be the future of interactivity online for nearly all businesses. Companies are increasingly participating in these online social communities, but the risks and rewards are not always clear. This presentation will define and explain the significant social networks and who is participating in them, the various ways that corporations are playing and profiting, the new economies created, and the legal risks and business risks your company may face if it participates.
E-rulemaking illustrates how administrative practice is changing in the Information Age and how corporate counsel can take advantage of new agency electronic resources to significantly reduce outside legal costs. Over the past few years, the federal government has made great progress placing the federal regulatory process online. The United States Consumer Product Safety Commission's promulgation of rules mandated by Congress to implement the Consumer Product Safety Improvement Act of 2008 will be used as an example of how agencies use the Internet as the basic means for disseminating information on rulemaking and how corporate counsel can keep themselves apprised of even rapidly emerging agency action with a few moments online. Join this discussion and learn how you can cut your company's legal costs.
A lease generally contemplates a long-term relationship between a landlord and a tenant. But once the lease is executed, you have only completed the first step. This panel will discuss issues that can arise after the lease has been executed and how to deal with them in a practical manner. These issues can include questions relating to construction of the demised premises, handling requests for subordination, nondisturbance and attornment agreements and estoppel certificates, lease renewals, casualties, expanding space to accommodate future growth, payment and performance defaults, landlord defaults and a variety of other issues that arise long after the initial agreement is reached.
If your company is doing business outside the United States, you need to attend this session to be brought up-to-date on all applicable privacy laws. Many global organizations have had to change the way they handle personal information and privacy issues. Personal data that used to be considered public and obvious has since become a sensitive issue, both from a legal and PR perspective, and applicable laws are now being enforced with more rigor. How do businesses comply with their international obligations without losing their competitive edge, or endangering their business goals and positive image within the marketplace? How do they make privacy work for and not against the organization? These are among the challenging issues that this session will address.
A patent is a complex document that is made up of many parts, including specifications that describe the item, how to make and use the invention, claims that specifically describe what is protected by the patent, and explanatory drawings, if needed. The cover sheet to the patent and the patent itself contain a wealth of information, but reading a patent can be an educated and productive undertaking or a frustrating attempt to glean important information while sifting through its many parts. If you don't write or read patents for a living, this session will help you avoid being confused or even intimidated. This presentation will discuss the parts of a patent, how to quickly read a patent, and how to understand claims.
With enforcement policy initiatives and definitive statements on compliance from the FERC having been issued in 2008, electric and gas companies have every incentive to devote the resources to having a robust compliance program in 2009. This session will show you how to translate FERC's guidance and policy statements into meaningful programs at your company. If you do find yourself in an enforcement action, it will teach you the basic rules of the game.
With the increasing globalization of US business, the Foreign Corrupt Practices Act continues to be the foundation for how companies must transact international business. While the United States has had the FCPA in place since 1977, the international community has joined together and has begun focusing their attention on anti-bribery issues. This session intends to provide an overview of the FCPA, a look into what the international community is doing to further improve international business and will provide attendees with a list of hot topics and a game plan on how to address them.
If your coverage area touches on personal information or privacy-related
issues, you cannot afford to miss this update on the latest privacy law
issues in America. Privacy and data protection laws and regulations at the
US federal level are still moving at a mile-a-minute. And don't forget
the state statutes as well! If you do business in states like Massachusetts
that have recently passed additional provisions to protect the privacy
information of employees then you need to be aware of what they require too.
The "b" word usually raises fear and anxiety in those who are not bankruptcy specialists. Worry not! This program will cover the primary issues raised in business bankruptcy matters including minimizing and analyzing preference exposure, rights of landlords and tenants, issues relating to vendors, filing a proof of claim, payment or rejection rights, impact on intellectual property and licensing agreements, benefits of becoming a secured creditor, purchasing assets from a company in bankruptcy, deciding whether to serve on a creditors' committee, and hiring and managing outside bankruptcy counsel.
The crises in world financial markets, the Foreign Corrupt Practices Act, and Sarbanes-Oxley among other causes, all have contributed to a tremendous increase in the number of investigations overseen by corporate counsel. At the same time, the strategies deployed by some lawyers and investigators have landed them and their companies in trouble. What are the best strategies for fact finding? What are best practices for interviewing witnesses? What laws are relevant to investigations and how do they differ between states and countries? A diverse panel will examine how thorough, but ethical investigations are conducted. Topics discussed will include federal and state statutes, evidence, interview strategies, the Code of Professional Responsibility, ethics opinions, and the use of outside investigators.
Does your company have a wellness program? This session will address federal and common state restrictions, and go through the strategies that will assist your company in developing a successful program, incorporating the Small Law Department Committee's InfoPak on this topic. In-house counsel that implement a program in their own companies may achieve fame and fortune for initiating a program that saves the company money and gets their employee base healthy. Who knows, in the process some may even develop a smaller waistline!
When public companies get into trouble, very frequently it is for a violation of the securities laws. Its not a topic to be messed with. The liability is significant. The issues are complicated. The impact can be mind boggling. Don't be uninformed. Must know information for lawyers who are new to in-house or to the securities arena.
Over the last 10 years companies have struggled with the structure of their ethics and compliance programs, including where they should be placed within the corporate structure (in the legal department or elsewhere?), to whom they should report (GC? Internal Auditor? CEO?), and the relationship of compliance staff to in-house counsel (including whether they should even be the in-house counsel). The struggle continues. During this roundtable discussion, participants will exchange ideas on these and other perplexing issues and general counsel from large and small companies will share their views and experiences.
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