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Presented at ACC’s Annual Meeting 2000; Program - Negotiating Cross-Cultural Transactions

How do you handicap the likely result of a “make or break” jury trial? What can you do as in-house counsel to present the facts strategically and influence the outcome? This program put you in the frame of mind necessary to “think like a trial lawyer” and answered questions about trial strategy, witness examination, and evidentiary rulings. You witnessed a mock trail and volunteered to participate as a juror on one of several empanelled juries. Finally, our presenters discussed how they have applied their trial experience to their role as in-house counsel in shaping the facts, conducting investigations, and knowing when and why to settle.

When it comes to green, the focus is no longer just on cars and smokestacks. Society at large—legislators and regulators in particular—are focusing on the third largest cause of greenhouse gases: commercial office and retail buildings. Learn from a panel of authorities about the types of environmentally enlightened actions and purchases that commercial-building owners and occupants will volunteer (or be required) to make—and how those actions and purchases affect the legal department. Learn also about your role in the implementation of and compliance with green concepts, ranging from LEED certification of buildings, to carbon offset purchases, mandated reductions in energy consumption from IT networks and data centers, and commercial clean tech applications. Effective internal strategies were included.

Don’t miss this session if your responsibilities involve the review and creation of NDAs, or sales, vendor, license or other types of contracts. If you’re still using basic technology (e.g., Word and email) to manage your contract processes, you’re missing out on the emerging world of enterprise contract management. Technology is now available to help companies automate and improve the entire contract creation and management life cycle, and doing so can bring tremendous value to your organization. This panel helped you sort through the available alternatives, discussed how contract management can fit into a broader technology strategy, highlighted some of the major challenges to contract management at the enterprise level, and suggested courses of action that in-house counsel can take to keep their clients delighted.

This program material discusses in great detail the amendments to the Canadian Competition Act.

The role of in-house counsel continues to evolve and so do the career opportunities: have you thought about where you want the next stage of your career to take you? Here is your chance to learn from the experts as they explore the methods on how to get there from here including a list of dos and don'ts. Learn how to build the skills and networks you can rely upon to further your career.

Almost every day we see headlines about privacy or personal and financial info and data security issues in either the public or private sectors. Leaks or theft of such info are costly in terms of revenue and reputation.

One preventative measure is to have and enforce appropriate policies:
* Internal - e.g. what customer and other info employees can access) and
* External - customer lists and information, what you can keep and what you can't keep, technology and other suppliers handling confidential or other high risk info. Appropriate policies can help to create a privacy culture in your business.

Entering the global marketplace requires U.S. companies to contend with complex issues under U.S. federal law, as well as with the laws of foreign jurisdictions. Conversely, foreign companies entering the U.S. must contend with the regulations of both their home jurisdiction and the U.S. These issues pose real challenges and involve real costs. This material provides an introduction to key issues you can expect to encounter as your company expands its markets and operations. Through awareness and planning for the legal issues that lie ahead, your company can keep risk to a minimum.

Survey of the changes to Congressional Ethics and Lobbying Disclosure Rules as of January 31, 2007.

It is estimated that well over 90% of all data is electronically stored information (ESI), mostly consisting of what we save on our laptops, desktops, and servers. Alarmingly, one of the largest concerns facing organizations today is how to manage and limit ESI for necessary discovery and pending litigation. Studies indicate that discovery and document review incur between 58-90% of litigation costs. Our e-discovery experts will provide simple metrics and models that can define how streamlining evolving e-discovery technology with pioneering methods in offshoring first level document review can project future cost savings and efficiencies that can ultimately save your client over 70% in litigation costs and change the cost/benefit analysis of the litigation. Plus we’ll review ethical considerations and the pros/cons of such an approach and how to vet and select a service provider.

In these days of increasingly complex technologies and a need for technology to interface effectively, industry standards are becoming increasingly important. Couple this with the increasing importance of standards, companies are finding that intellectual property has a large role in setting these standards. Join us for this open dialogue on the standards war as our panel discusses the nuances of joining a standards body, potential IP licensing and ownership ramifications of a standards body’s intellectual property rights policy, practical issues surrounding essential patents, patent pools, the distinctions between reasonable and nondiscriminatory (RAND) licensing terms, and current IP trends in this area.

International M&A is not a new subject. However, increasing compliance hurdles and the use of information technology to manage data present greater opportunities for success OR failure in a transaction. Do you know the US and non-US laws well enough to clear these hurdles? As regulators become more assertive in protecting personal information, what specific steps should a selling company take? Can an electronic deal room be accessible from outside Europe? How can a prospective buyer acquire adequate information about key non-US employees? Has the increasing focus on data protection given European Works Councils and other unions another weapon? Our panel of M&A professionals will share practical guidance on the topic using real world examples. Take home a solid understanding of the law and useful suggestions for due diligence and compliance.

Our people are our most valuable asset. The best leaders say it. Many genuinely believe it. But until you actually help people identify their own key drivers, and develop strategies to help connect individual and team motivators with organizational goals, you might be trying to drive them harder, not smarter. Our international panel of legal managers will share ideas on motivational drivers common to many lawyers around the world. Benefit from recent research on what motivates lawyers. Learn practical tips to identify and harness the primary motivators of the entire legal team, both in-house and outside counsel and identify tools to help connect organizational strategy with your team's motivational drivers.

Privacy is a hot and ever-changing field. Keep on top of those changes with up to the minute case law, new laws and FTC enforcement actions. Issue spot the latest state and federal privacy laws and benchmark against what other companies are doing.

The ability to deliver effective and efficient training enhances your value as in-house counsel, provides critical preventive guidance in the face of increasing compliance requirements, and fosters close relationships with employees and management. How can a small law department implement and deliver this training? Learn effective methods to present content, communicate critical legal issues, ensure compliance, and make an impact on your company. Coverage will include use of intranets, web-based training, live meetings, PowerPoint presentations, legal briefs and memos, forms, policies, checklists and partnering with third party providers.

As information becomes increasingly electronic, consumers and law enforcement have become concerned about data collection, use, monitoring, and storage of sensitive information, including personal information. There are myriad state and federal laws that deal with sensitive information on a sectorial basis, but these laws may not overlap, or may create conflicting obligations and priorities. Learn the basic concepts of privacy and data security, understand federal and state authority to regulate privacy practices, receive an update on privacy laws governing online activities, and determine what to do if a law enforcement entity starts to investigate your privacy and data security practices.

Attention energy counsel or in-house counsel who deal with energy issues: Here is your chance to receive a review of the latest federal and state energy laws and regulations likely affecting you now. Your regulatory peers will provide you with a comprehensive legislative update to include an overview of recently passed legislation, including an update on the Energy Policy Act and renewable energy legislative efforts.

With intellectual property, especially patents, becoming increasingly important to a company’s overall business strategy, it is critical to understand the legal approaches to maintaining a sophisticated IP strategy through the efficient use of limited resources. This open discussion of legal issues will include upon such topics as on-line IP asset management tools, time/money saving techniques, and working with management to manage their expectations as to what it takes to have an effective IP strategy.

Every business, small or large, local or multi-national, must consider the implications of IP protection and the laws surrounding it. Are you up to date on the most recent developments? If not, here is your chance to receive an overview of the latest issues affecting patent, trademark, and copyright rules in Europe.

As in-house counsel, you are likely the first line of defence or corporate "spokesmodel" in a crisis situation. When press or regulators come knocking at your door will you be prepared? This interactive session focused on BP's largest and most complex refinery and the incident that occurred on March 23, 2005.

CCU 2007: As an in-house paralegal, you are likely keenly aware of management functions now being incorporated into your core set of responsibilities and duties. In this presentation learn about the role of management and important considerations and expectations you need to be aware of when adding this function to your duties. Hear about and learn simple but effective skills for supervising staff, and tools to use to foster confidence and improve your management skills that will benefit you and your team.

When the Senate Finance Committee issued its outline for nonprofit reform in the summer of 2004, it became clear that the nonprofit sector would not escape the post-SOX era without significant legislative reform. There is no hotter topic in the nonprofit arena right now than the legislation introduced and proposed as a result of the Senate Finance Committee's report and its hearings in 2005. It is also becoming apparent that the next emerging trend for nonprofits, following close on the heels of governance reforms, is the expectation and requirement of additional non profit transparency in some cases as a substitute for and in others in addition to more direct government regulation of nonprofit activities. In this session, a panel of key experts from Congressional staff and the Internal Revenue Service will respond to questions on the current and proposed federal legislation as such legislation exists at the time of the conference with a focus on transparency issues.

Do you feel confident that your company is properly identifying and managing its IP assets? Join your in-house IP peers as they share with you their best practices to legally protecting IP assets including developing and implementing an IP audit system and management strategies. Considerations for small to medium law departments will be specifically addressed.

In a post corporate scandal world, what is the law regarding insurance coverage? Does your D&O insurance cover all that your board expects? Can it do so legally? What insurance should you have and what does it cover? If you are looking for answers to these and other insurance questions, this session is for you! Our coverage specialists will take the mystery out of insurance realities and give you the basics you need to ensure your company is protected against any exposure.

Faced with a multitude of new regulatory requirements from both the government and the stock exchanges, companies are looking at other options for raising equity. Current options include going private, or registering and selling shares on a non-U.S. exchange. This session will examine the pros and cons of these options compared to being publicly traded in the United States, including a close look at the appeal of a listing on the London Stock Exchange.

The role of the shareholder continues to evolve and shareholders continue to be very active in seeking corporate change through the shareholder proposal process. We'll examine the latest shareholder proposals submitted this year, how these proposals fared, and trends for next year. In addition, we will review board responses, which ones were successful and which ones failed to sway the shareholders. What's the next hot topic to come; will it continue to be executive compensation, separation of chairman and CEO, or will there be a new kid on the block?

As a law student, you probably never realized that there were legal issues behind running a sweepstakes or lottery. But as an in-house practitioner, you may be expected to not only know them, but also be an expert on promotional contest processes. Never fear, ACC is here to help. Our small department pros will bring you up to speed on the legal issues involved in running a sweepstakes, lottery, or other promotional contest, examine the laws and regulations surrounding trade show drawings and website promotional giveaways, alternative means of entry, and how and when collecting marketing data to avoid triggering state registration requirements.

Does your nonprofit engage in fundraising practices such as vehicle donations, charitable giving and trusts, raffles, or casino nights? If so, were you aware that they are subject to federal, state, and local government regulation and that civil and even criminal penalties could be applied for failure to comply? In this session, we will address the various legal registration and approval processes in place at various government levels and provide useful advice on how best to handle this regulatory minefield.

Workplace harassment can occur at any level resulting in a significant negative impact on your entire work force and subjecting your company to new levels of exposure for harassment claims. What are the appropriate mechanisms a company must have in place to prevent harassment from happening, thwart litigation from ever materializing, and/or successfully assert an affirmative defense should a case be filed? Our panel of seasoned labor and employment counsel will provide a step-by-step review of the legal processes your company should have to prevent harassment and to protect your company from legal exposure should such a situation occur. We'll send you home with sample forms, policies, handbooks, training materials, investigation materials, discipline letters, and other resources to fully and completely support your ability to effectively prevent and handle workplace harassment.

Handout for ACC Chicago and Charles River Associates May 9th MCLE program, Export Controls and Sanctions Compliance as the “new FCPA”