Environmental regulatory and liability concerns increasingly touch upon thousands of products in the marketplace based on the chemicals they contain. In some cases, if not reformulated, products are banned. A panel described how the list of controlled chemicals (like lead and mercury) has grown in the last decade, what laws regulate products, and how manufacturers are reacting to demands for bans or restrictions on certain chemicals. The panel also described how EU regulations like RoHS, WEEE and REACH are having a worldwide impact on product supply chains and cover some practical steps to address issues like green procurement guidelines and product certifications.
Increased levels of corruption, a heightened regulatory environment, and pointed questions from their auditors and boards, have led companies to be much more vigilant in their efforts to address corporate fraud. This session focused on the role of in-house counsel in designing, implementing, and communicating an anti-fraud program. We considered areas of vulnerability, early detection processes, how to avoid and prepare for possible litigation stemming from corporate fraud, and how to reduce potential for class action lawsuits. The challenges of dealing with fraud on a global scale, particularly in emerging markets, were also addressed.
Think your commercial contracting experience will easily transfer to understanding and negotiating government contracts? Think again. This session delivered a primer on how contracting with federal agencies differs from private sector contracting. We also showed you how to determine which statutes and regulations apply and discussed how to develop the requisite compliance program. More importantly, you will walk away understanding how signing a public contract might affect your business and its property rights and when you need to hire an expert.
Climate change is about more than smokestacks. Lawyers need to understand what legislators, regulators, and plaintiffs plan to do about climate change, carbon, green house gasses, and energy efficiency statutes and regulations. Learn from a panel of authorities about the demands that may be placed upon your buildings, operations, public disclosures, and energy purchases, and the role that you as inside counsel will be required to play in the implementation of, and compliance with, emerging environmental regimes.
Decision-tree analysis is a powerful and underused tool in litigation. Its greatest benefit to lawyers is as a bridge between legal advice and business strategy. For clients it transforms terms like “good chance” or “reasonably likely” into probabilities and dollar values. Litigators care about legal issues, litigation strategy and winning, while in-house counsel and management care about costs, probability of success, the potential value of the litigation either in terms of potential benefit or potential loss, and whether settlement is feasible. Decision-tree analysis deconstructs a complex lawsuit into discrete steps and possible outcomes that can pave the way for appropriate decision-making. Don’t you need this tool in your repertoire?
Both your board and your company need to understand basic issues relating to Board liability. This program reviewed recent cases where directors were held directly liable. It also addressed how to educate Boards about this subject without scaring them off, provided practical tips on how to counsel the Board to help them avoid liability, and the extent to which D&O insurance covers the Board members. If you’re responsible for the care and feeding of the Board—this program was for you.
Add to that long list of considerations in mergers and acquisitions the topic of how you handle the IP. This session provided an overview of this important issue, including engagement/pre-due diligence advice, matters that must be tracked down in due diligence, handling due diligence findings, working with outside counsel and legal department subject matter experts, the technical due diligence process including addressing open source matters, and the definitive agreement and disclosure schedules.
Electronic content management is a hot issue, especially with discovery’s scope extending to all electronically stored information (ESI). How can in-house counsel be proactive in managing ESI? Numerous vendors providing valuable services related to ESI attend the ACC Annual Meeting. These services help in-house counsel manage electronic records retention, document management, litigation hold policies/procedures, compliance, reporting, etc. Before talking to vendors, attend this session for guidance on defining and addressing information management problem areas within your company. The presentation includes checklists and other tools to assist you in setting up an effective ESI management program.
This program explored non-traditional ways a company can leverage its insurance policies, or the policies of a party with which it has a dispute, to access outside funds to resolve its disputes. Frequently, companies think of their insurance policies as applying only to personal injury claims, or fiduciary duty claims with respect to officers and directors. However, with appropriate documentation and planning, existing insurance policies often can be efficiently “mined” to address a broad array of commercial disputes beyond those traditionally considered. Leave this program with an understanding of the necessary documentation and steps to maximize insurance payments made to or on behalf of your company.
Best practices dictate that you should get and keep your directors interested in and learning about your company and issues pertaining to the board. This effort should start with the “on-boarding” process, followed by a continuing education program on topics such as legal and regulatory changes, trends in corporate governance, compliance, compensation, financial reporting, whistleblower developments, insurance, and more. It’s never to late for anyone—even the Board—to learn.
Data security laws are rapidly changing the way organizations manage information worldwide. Breach investigations are becoming increasingly complex and pose greater risk including potential international effect. Recent breaches in the UK have literally changed the political landscape there. In Europe, huge fines have been imposed in recent cases. This program examined current data security breach events and provided: an overview of the applicable laws and the current environment, information on potential global enforcement, advice to manage various and competing risks, and reflections on lessons learned.
This material discusses the basic techniques to reducing risk when dealing with creditors.
Learn about the hidden value of these models and apply them to your career.
The session will provide an overview of recent developments in benefits law, including the complicated ERISA, health and welfare, wellness and the employment related aspects of health care reform.
Litigation in a foreign jurisdiction presents in-house counsel with unique challenges. Differences in procedure, remedies and costs make decision-making difficult and cost control problematic. How are those difficulties best addressed? This panel of experienced in-house counsel and foreign counsel will speak to specific techniques of managing commercial and IP litigation in foreign jurisdictions.
Have you ever wondered what the roles and responsibilities are of a corporate secretary? This session will focus on topics common to private and public companies, offering tips, views and a devoted Q&A. This session will be a great opportunity to get your questions answered and benchmark with your peers.
In recent years, many leading companies have learned the hard way about being the victim of a breach of data privacy — even though they complied with regulations and standards. In this program, you will learn from their painful experiences how to use the tools and techniques of corporate compliance to be prepared when your company gets hit — and maybe, how to postpone that pain. Data privacy compliance is a task that is becoming more difficult, and more critical, with each passing month, as more jurisdictions (state, federal and international) add to the regulatory matrix, and as private requirements (like the credit card industry’s PCI DSS) become more complex.
A multitude of issues can arise during the term of a real estate lease and/or at the expiration of a lease term that require in-house counsel to get involved. Many of these issues can be more complex than one would imagine, can cost your company unnecessary money and are often not fully addressed in the lease agreement. SNDA requests, estoppels certificate requests, lease assignment or sublease requests, requests to make improvements to the property, default notices, liability for holdover rent and removal of improvements or signage at the end of the lease term are just a few of these issues. This panel is intended to provide in-house counsel having little or no real estate background with helpful information to use the next time these issues arise at your company.
Recently, leading companies have learned the hard way about being the victim of a breach of data privacy – even though they complied with regulations and standards. Data privacy compliance is a task that is becoming more difficult, and more critical, with each passing month, as more and more jurisdictions (state, federal and international) add to the regulatory matrix, and as private requirements (like the credit card industry's PCI-DSS) become more complex. In this program, you will learn from their painful experience how to use the tools and techniques of corporate compliance to be prepared when your company gets hit by a data breach – and maybe, how to postpone that pain.
Join the panelists as they act out different leave and accommodation situations (taken from case law and real life examples) to demonstrate how employers should and should not respond to such requests.
Come and find out what's new as Supreme Court watchers brief us on significant cases decided since our last meeting, and the key business and procedural-related issues likely to be before the court in the upcoming term.
Everywhere we turn, we hear about climate change issues. You need to know about the changes that are coming and how they will affect your job as corporate counsel. This program will separate myths from realities and explain the practical implications of climate change on your company, including the effects of current and proposed legislation and regulation around the world on your operations and products, as well as new litigation risks. Specific topics will include recent greenhouse gas regulation and proposed regulations, financial disclosure standards, compliance mechanisms such as cap and trade proposals, insurance aspects and risk allocation.
A media expert and counsel who've had experience in media interaction will discuss when "no comment" might be the best answer to a press inquiry and what to do when it isn't. Discussion also will cover how to make that decision, what kind of messages are effective and how to send effective messages.
This Careful Communication training course will help you take a closer look at your written and spoken communications on behalf of our organization to be sure that you're communicating as effectively — and compliantly — as possible.
To access the Careful Communication Training Course, visit <a href=http://www.ethicsxchange.com/topic/35528-careful-communication>www.acc.com/compliance</a>.
This Fraud Awareness and Detection training course will help you recognize situations that raise issues of fraud and to help you deal with them appropriately and effectively. After reading the material, you'll have a chance to play an online game that presents hypothetical scenarios for you to analyze. As you answer the multiple-choice questions correctly, you'll move through the game and earn a Certificate of Completion.
To access the Fraud Awareness and Detection Training Course, visit <a href=http://www.ethicsxchange.com/topic/35538-fraud-awareness-and-detection>www.acc.com/compliance</a>.
This Information Security training course will explain our Information Security Policy and will help you (1) recognize what information should be protected, (2) handle that information appropriately, and (3) recognize security breaches and know how to report them.
To access the Information Security Training Course, visit <a href=http://www.ethicsxchange.com/topic/35547-information-security>www.acc.com/compliance</a>.
This Preventing Discrimination and Harassment training course will help you understand and recognize discrimination and harassment and deal with it appropriately. It will address the following issues: (1) Why do you need to be concerned about discrimination, harassment and retaliation? (2) What are the key laws and policies that you need to be aware of? (3) What must you do to comply with these laws and policies?
To access the Preventing Discrimination and Harassment Training Course, visit <a href=http://www.ethicsxchange.com/topic/35533-preventing-workplace-harassment>www.acc.com/compliance</a>.
This Record Management training course will help you understand (1) the significance of our records; (2) how to create accurate records that won't be easily misconstrued; and (3) when records are to be retained and when they are to be disposed of or recycled.
To access the Record Management Training Course, visit <a href=http://www.ethicsxchange.com/topic/35550-record-management>www.acc.com/compliance</a>.
Identity theft is a huge problem for consumers and the organizations that serve them. In the U.S. alone, five percent of adults – about 10 million – are victimized each year, with total losses of about $50 billion. U.S. companies spend another $50 billion a year on identity-theft-prevention measures. Organizations that handle personal and business account information are a common target of identity thieves. If you aren't careful with this information, you can be used as instruments of identity theft by clever criminals. This 40-minute training course will help you recognize the "red flags" of identity theft and respond appropriately.
To access the FACTA Red Flags Training Course, visit <a href=http://www.ethicsxchange.com/topic/35545-facta-red-flags>www.acc.com/compliance</a>.
This Foreign Corrupt Practices Act (FCPA) training course will help you recognize "red flags" — situations presenting a risk of FCPA violations — and deal with them appropriately.
To access the Foreign Corrupt Practices Act Training Course, visit <a href=http://www.ethicsxchange.com/topic/35562-fcpa-anti-corruption>www.acc.com/compliance</a>.
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