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Presented at the ACCA European 2003 Annual Meeting.

General information regarding trends in an increasingly global marketplace and the migration of a global workforce. Discusses issues such as global human resources policies, employment contract issues relating to international assignments, and conflicts of law

Discussion of the types of information that have been afforded trade secret protection, the Uniform Trade Secrets Act, and the Economic Espionage Act. Includes an overview of the types of relief available, a summary of state laws, and practical recommendations for trade secret protection.

Addresses issues that generally arise when doing business internationally, such as employment/personnel issues, partnering and alliance issues, international distribution issues, currency and confidentiality privilege issues.

Examines recent changes in antitrust law and enforcement, and some of the reasons for those changes. Discusses antitrust compliance and common characteristics of international cartels. Includes the DOJ’s Antitrust Division Corporate and Individual Leniency Policies. Also discusses developments in European Union merger control law and practice

Contains hypothetical examples relating to corporate representation.

Addresses cyberspace threat & vulnerabilities, national policy and guiding principles of privacy legislation.

Includes amendments to the Securities Exchange Act, corporate governance rule proposals, and recent developments in federal securities regulation of corporate finance.

Article:"Principles of Third Party Liability Insurance? addresses coverage issues, including types of policies, environmental claims, duties to defend and to indemnify, & rules of policy construction- p. 3-49. Article:"Principles of Business Interruption Coverage? addresses general coverage considerations, mitigation requirements, etc.- p. 50-68.

Compilation of cases dealing with copyright infringement, violations of the Communications Act, and unfair business practices: Paramount Pictures Corp., et al. v. ReplayTV, Inc.; Time Warner Entertainment Company, L.P., et al. v. ReplayTV, Inc.; Metro-Goldwyn-Mayer Studios, Inc. v. Replay TV, Inc.; Washingtonpost.Newsweek Interactive Co., LLC v. Gator Corp.; Traffix Devices, Inc. v. Marketing Displays, Inc.; Wal-Mart Stores, Inc. v. Samara Brothers, Inc.; DVD Copy Control Ass'n, Inc. v. Andrew Bunner.

This article discusses general information regarding general electric sale contracts and how to avoid risk during sale/purchase.

Addresses what factors the FTC should rely upon in deciding whether and to what extent restructuring can save an otherwise anti-competitive transaction.

Presented at ACCA’s Annual Meeting 2000; Program - A Comparative Analysis between U.S. and European Competition Laws

Presented at ACCA’s Annual Meeting 2000; Program - A Comparative Analysis between U.S. and European Competition Laws

"Update of SEC develops includes information related to M&A."

"Hypotheticals"

Contracts, now more than ever, include one or more clauses involving some form of intellectual property, but the common in-house generalist attorney may not have a strong enough background in intellectual property law to properly negotiate intellectual property terms. This program highlights intellectual property issues that commonly arise in corporate contracts. The panel provided a variety of intellectual property clauses and offered the audience an opportunity to advocate alternative positions to demonstrate the variety of ways to negotiate intellectual property terms in corporate agreements.

Your Mother always told you to “put your best foot forward.” This experienced panel echoed that advice and told you how to do it. Topics covered include establishing good relationships with your internal clients, outside counsel, and top executives. They also provided pointers on how you can cope with reduced staffing, make sure that you continue to develop and grow in your career, and provided advice that is practical, useful, and actually followed by the business people. Come away with great ideas and checklists that facilitate your work in an in-house environment and give you a better understanding of what it means not only to be counsel, but an executive as well.

These days if you are counsel in the financial services industry, responding to a host of regulatory agencies and even being involved in the judicial process is practically daily fare. This cadre could include the Federal Reserve, FDIC, OCC, SEC and other various and sundry state insurance, banking, and exchange regulators. This program addressed the issues that may come up in responding to them, including the attorney-client privilege and demands of waiver, whether to be compliant or adverse, and other issues that arise with respect to official process. Our panel was comprised of in-house counsel and representatives from regulatory agencies who shared the nuts and bolts of this practice area.

What are the latest trends and events in anti-corruption enforcement? As in-house counsel practicing globally you need to know. This session addressed the current state of the anti-corruption and bribery laws applying to the international activities of US companies including the application of the Foreign Corrupt Practices Act and non-US laws such as those of the 37 countries who are signatories or concurring countries to the Organisation for Economic Co-Operation (OECD) and certain United Nation treaties. It also addressed the OECD’s activities relating to combating global corruption and provide practical “how to” advice, examples, and guidance on a “best practices” compliance program for global companies doing business cross-borders.

In-house counsel spend an extraordinary amount of time managing their outside legal spend, but law firm costs just keep increasing. Why? Because they can? Because in-house counsel don’t set expectations and manage toward them? Because we refuse to take the risk of trying alternative firms and fees? Because none of us have succeeded in defining the “value” of legal services by any other means than the billable hour? Yes, to all. But there are solutions. Learn how ACC’s Value Challenge proposes to revolutionize the outside legal services market through an evolutionary process that we challenge every in-house counsel and law firm to consider and adopt.

Does it seem like the entire world will soon be owned by private equity firms? Hyperbole? Perhaps. But with private equity acquisitions ranging from Marsh Supermarkets to Chrysler Corporation, any company could be in play. This session dissected the private equity sale: the typical steps in the process; the make-or-break issues; and the roles of the various players. Most importantly, we discussed the role of in-house counsel in the company being bought or sold.

From oil spills to restatements, from tampered products to failed mergers, highstakes matters require advance preparation and skillful execution. This panel of crisis veterans helped you and your team prepare for the next corporate challenge, from setting your communication strategy as the situation unfolds, to preparing the crisis management plan and assembling the team long before you need either one.

There is nothing like the voice of experience to help guide your way. This general counsel panel from leading financial service companies provided just that. They discussed the issues that have been the most important to them and how they advise their corporations, manage regulatory risks, oversee the legal department, balance legal and business roles, and deal with outside counsel. Listen and learn!

We all know that compliance with the electronic discovery rules is a challenge. But what about the ethical issues we face as attorneys? How can we best preserve the attorney-client privilege? What are the ethical implications of outsourcing? How about our own technological competency (or lack thereof)? The panel discussion also included ensuring confidentiality of client information, requirements about keeping paper records copies, storing client information, inadvertent disclosure of electronically stored information, implications of accessing metadata and spyware, rules regarding internet discussion groups, email interception, preservation duties, and spoliation sanctions. Additional areas to be addressed include risk management and best practices for managing discovery and litigation.

Corporate counsel have increasingly voiced concern that arbitration proceedings have become more complex and expensive. However, unlike in court, parties who elect arbitration can shape the rules under which their disputes will be resolved. This program presented available mechanisms that contract drafters can use to that end including those addressing: arbitrator selection, motion practice, arbitrator powers, and discovery provisions. Panelists also provided guidance regarding likely future trends. The session ended with an “Ask the Administrators” Q & A session where ADR administrators on the panel provided advice on rules and drafting procedures.

To really change the legal services marketplace, in-house and outside counsel need to change the way they work together. If in-house counsel (as a group) will lead and outside firms will consider adopting new expectations and models, increased efficiencies for clients, and sustainable profitability for firms is possible. But someone has to host the dialogue and support your efforts: with tools, benchmarks, new models for service delivery, and networks. ACC Value Challenge workshops are going on all over the country by invitation only: this onsite workshop where corporate counsel and leading firm partner teams developed ideas for solutions that are concrete and will help us all move the needle.

You just got the papers. One of your company’s employees has filed a discrimination complaint with the EEOC. Now what? This is a first for you and your organization. Where do you begin? This presentation provided a brief background on the law of discrimination and wrongful termination. It also gave practical tips regarding investigations and other critical steps in-house counsel should take upon learning of such a complaint. Finally, the presenters provided tips on how to avoid such a situation in the future.

Not sure how to respond to environmental, health and safety matters? This program brings you up to speed. It covers the basics of dealing with regulations issued by federal and state environmental and safety agencies, such as EPA and OSHA. The panel covered such issues as key regulations, permits, inspections, record keeping, and responses to enforcement activities.

Wow. You just found out your company is expanding; its strategic plan calls for numerous acquisitions over the next two quarters. Everyone is looking to you to lead the charge. And you have never even done one. Don’t panic. This presentation helped prepare you for your first M&A transaction as an in-house lawyer. It addressed how the process works and what your role is during the phases of: (1) negotiations and due diligence leading up to an agreement; (2) the post-signing, pre-closing rush; and (3) post-merger integration.