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Presented at ACC’s Annual Meeting 2000; Program - Construction Law

Presented at ACCA’s Annual Meeting 2000; Program - A Fresh Look at ADR

Presented at ACCA’s Annual Meeting 2000; Program - A Fresh Look at ADR

As more companies are having to writedown and restate because of high exposure to collateralized debt obligations and other investments tied to subprime mortgages, it is critical that in-house counsel understand the effects of the subprime mess on business, and how to explain these consequences to investors. Panelists representing mortgage companies, investment banks, and regulators provided a concise but comprehensive “sub-primer” on the origins and potential long-term effects of one of the most expensive financial events in modern times.

Companies faced with creating and implementing an effective global ethics and compliance program have a gargantuan task. While simplicity may be a worthy goal, it may also be stymied by the numerous requirements that need to be met. A global program must address not only multiple laws and regulations of the countries in which the company has employees and/or operations, but must also give consideration to language, cultural, and ethical differences and issues. Our panel of experts have “been there, done that.”

Attorneys who provide EH&S compliance advice may be lucky enough to avoid serious enforcement and litigation. However, much of the practice is shaped by lawsuits and the advice of those who have had to face the judge or jury. We all want to avoid lawsuits, but we can sure learn from the preparation and outcome. EH&S litigators in key and risky regulatory areas will discuss and share their insight with those tasked with providing day-to-day EH&S advice. After attending this session, you will have the tools to better counsel on EH&S matters.

There is much that in-house employment lawyers, their HR clients and their managers can do before and when an employment dispute arises that can help litigators successfully defend the company if the employee files an administrative agency charge or court complaint. This round table session will cover best practices in conducting terminations and other personnel actions, investigating complaints, drafting policies, preparing for and responding to ediscovery requests, maintaining records and other actions that can create legal risk.

Responding to an expansive eDiscovery request is a daunting task on its own, but for in-house counsel (especially those with little to no experience dealing in the litigation arena) it can quickly devolve into a living nightmare. This program is for those in-house counsel looking for knowledge on how to successfully manage a discovery request or tips for possibly bringing the process in house. E-discovery rules and concepts will be presented in plain English with the goal of demystifying all the “tech” speak around this subject matter. The panel discussion also will focus on making the decision whether to bring all or part of the eDiscovery process in house - including what to consider, who to talk to inside and outside as part of the process, and how to evaluate vendors.

According to a recent survey, approximately 60 percent of employees remove confidential information from their employers upon termination. This session will examine various steps that employers can take to reduce the likelihood that employees will misappropriate confidential and proprietary information, including implementing protective policies and protocols. Learn tips on investigating trade secret theft and get a pre-litigation checklist for prosecuting employees who wrongfully access and remove such information. Panelists include in-house counsel and investigators from major multinational organizations who will share preventive, proactive steps that companies can take, including noncompete agreements and unfair competition.

Cash in the freezer is not a new idea. This CSI-style analysis of a bribery schemes will show you how the subject of bribes is first raised, how the details are negotiated, how the money is moved and where it is hidden so that you can take the legal steps necessary to protect your company. Gain insights into the challenges companies face in international markets. Plus take home practical investigative, accounting and due diligence tools and tips for responding to these very serious challenges.

Patent trolls, or those companies that acquire portfolios just to make infringement claims against operating companies, are on the rise! And so are your chances of becoming a target! So what can you do? If you are concerned your company could become a target or you already are one, this session is for you. Patent counsel from varying industries will share with you how to minimize your company’s risk of becoming a target and how to respond to a claim should you become one.

Mergers and acquisitions, regardless of who ends up on top, can be hardest felt by the employees. Two law departments first operating separately and then merged into one can present a multitude of issues to address. If you're about to be acquired or conducting a merger of your own, here's an opportunity to get ahead of the curve. Learn the substantive issues you'll face, ideas for department organization, and ways in which to make work life in your newly combined legal environment rewarding.

This basics update will give you the necessary legal background to design an effective antitrust compliance training program at your own company. Learn who needs to be trained, what issues should be covered, and how to be sure that the training is adequately targeted to your company. Our panel will cover these issues plus share with you examples of proven approaches they have implemented at their companies that you can use as a starting point for your own program.

What does an employer need to do to ensure compliance with safety and health regulations concerning its employees in the workplace? And how broadly is the workplace defined? This program will provide a basic grounding in federal OSHA requirements, as well as other labor and employment laws and regulations affecting employees, health, and safety in the workplace, including recent safety procedures and policies being implemented by companies on issues such as employee use of cell phones and email devices while operating a motor vehicle, telecommuting, home offices, and more.

There exists a divergent approach to enforcement of intellectual property rights across the major European countries, and if you aren’t aware of the implications, there could be a huge impact on your company’s competitive advantage. Learn the differences in the law and, even more significantly, the cutting-edge practice in Europe, so that you can form your best European strategy, where in Europe to assert intellectual property technology rights for maximum commercial benefit, how best to achieve results in the various countries, and how to maximize the profitability of your global or European licensing, enforcement, or defense strategies.

Most litigation cases settle, and mediation is the most often used process to facilitate settlement. Being able to develop and execute a successful strategy at mediation is a must-have in an in-house counsel’s toolbox. This panel of mediation experts will take you step-by-step through a mediation process and teach you how to maximize your chances of achieving a successful result while maintaining your ethical obligations as an advocate.

ACC’S CLO THINKTANK- FOLLOW-UP RESOURCE LIST LAW DEPARTMENT’S ROLE IN FINANCIAL COMPLIANCE & THE RELATIONSHIPS WITH AUDITORS

Many companies have good internal anti-corruption policies, but may be exposed to potential liability due to the acts of others who they engage to assist them in foreign markets. Hear about best practices in how to avoid such possible exposure in the appointment and use of agents and representatives in foreign jurisdictions.

This timely presentation will no doubt provide welcome guidance for those companies who have been affected by employee leaves of absence, particularly for military service. We'll provide you with an update of the latest legal issues surrounding employee leave including establishing an effective compliance program, handling difficult leave issues, and accommodating military leave matters involving veterans and reservists. This session will include a review of recent USERRA guidance, as well as a look at policies used by leading companies.

With the risks associated with litigation soaring, corporate practitioners would be wise to consider the more efficient dispute resolution alternatives currently available. This nuts and bolts session will provide you with information on three key topics, evaluating the legal case for domestic and foreign ADR, drafting legally sufficient language to include in arbitration clauses of a contract, and reviewing the variety of ADR service providers available to act as mediators in order to choose the best approach for your case.

Includes a checklist and ACC's Leading Practice Profile: Adding Value and Moving Beyond the Cost Center Model

General information on market definition, merger enforcement by the FTC, and a general guide to antitrust laws.

This Bulletin provides the Canadian Competition Bureau's views about corporate programs designed to ensure compliance with the Competition Act.

Checklist for drafting 3rd party supplier contracts; model clauses for software license agreements; Electronic Signatures in Global and National Commerce Act; sample software development license; article - Online privacy issues.

Overview of developing trends in data technology and its application in legal departments.

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.