This interactive presentation will address recent cases attempting to limit claims of communication privilege by and with in house counsel. It will also include a discussion of communications between counsel for related corporate entities after Allied Irish Bank and Parmalat.
A panel of electronic discovery’s foremost judicial thought leaders will share their views on the future of ediscovery practice as applicable to corporate law departments seeking to establish defensible in-house processes. Topics to be discussed include the Sedona Cooperation Proclamation, the impact of recent decisions and judicial trends in managing ediscovery, judicial perspective on how much protection Rule 502 offers, what judges care most about when litigators present ediscovery conflicts, and the sanctions for failure to meet ediscovery obligations.
The recession is causing every industry to rethink its strategy on generating income and revenue. The nonprofit sector is no exception. In fact, some would argue that the philanthropic dollar has never been more competitive. In light of this economic environment, venture philanthropy is on the rise and the savvy in-house practitioner needs to be prepared to assist clients in structuring nontraditional revenue-generating relationships, while protecting the corporation’s brand, tax status and its resources. This program will investigate a variety of structures that raise revenues for nonprofits while at the same time advancing a commercial interest. Core issues covered will include the tax on unrelated business income, state commercial co-venture statutes, permissible private benefit arrangements and a how-to guide on structuring the venture.
Intellectual property is critical to every business and is the most important asset of many businesses. It remains challenging, however, to deal safely and successfully with all of the IP that may be implicated in business transactions — from sales of a few assets, through tax-driven reorganizations, to sales of entire businesses. Patents may not move; IP licenses (such as software licenses) may not survive a reorganization; trademark rights may be tarnished or lost; IP enforcement rights can be impaired. In this session, IP and business transaction pros will identify opportunities, pitfalls and strategies for success in dealing with these IP and transactions issues.
The commencement of a class action in the United States frequently results in “copycat” actions in Canada and other jurisdictions. These opportunities are often bought and sold by class counsel looking to leverage their US investment, but the strategies for managing US class actions are not always the right ones in other countries. An experienced panel of US and other counsel will look at key class action management issues from inception, through to certification and ultimate disposition, and discuss different strategies that may be dictated by the law and legal culture of other jurisdictions. Attendees will take away a better understanding of how different jurisdictions demand different class action management strategies notwithstanding that the underlying claims may be the same.
Come and hear experts discuss how to avoid becoming a target of the regulators, i.e., EEOC or DOL. The panelists will address how to best respond to a systemic discrimination or class claim investigation from the agencies, including a discussion of their subpoena power and the subject matters on which they have been focusing over the past year.
Just as strict international anti-money laundering regulations have made it essential for financial institutions to practice “know your customer” due diligence, the need to “know your vendor” plays a similar role in mitigating fraud and regulatory risk for businesses in all industries. Learn how to assess the background of a variety of payment recipients (vendors) to identify red flags, adverse information, conflicts of interest and fictitious entities. Determine: Is this a “real” vendor or agent with a business profile? Who owns the vendor and are there potential conflicts of interest with employees or other vendors? What is the relationship of the vendor to government officials? Is the vendor associated with organized crime, terrorist groups, money laundering, bribery or corruption?
This Hazard Communication (HazCom) training course provides the information and training on HazCom required by the federal Occupational Safety and Health Administration (OSHA) regulations and many states' laws. After completing some basic material, quizzes and exercises, you'll play a game that will test you on the key topics.
For more compliance and ethics training resources, visit ACC's new Compliance Training Portal at <a href=http://www.acc.com/compliance>www.acc.com/compliance</a>.<br/>
This HIPAA Privacy and Security training course will explain our policy regarding the privacy and security of electronic healthcare information in compliance with HIPAA, the Health Insurance Portability and Accountability Act.
To access the HIPAA Privacy and Security Training Course, visit <a href=http://www.ethicsxchange.com/topic/35542-hipaa-privacy-and-security>www.acc.com/compliance</a>.
This Internal Controls training course is intended to increase your awareness and understanding of internal controls — what they are, why we have them, and how they affect your day-to-day job responsibilities.
To access the Internal Controls Training Course, visit <a href=http://www.ethicsxchange.com/topic/35539-internal-controls>www.acc.com/compliance</a>.
This Money Laundering training course will (1) help you to detect money laundering, (2) examine the laws that make money laundering a crime, and (3) inform you of reporting requirements and prevention measures designed to thwart this crime.
To access the Money Laundering Training Course, visit <a href=http://www.ethicsxchange.com/topic/35540-money-laundering>www.acc.com/compliance</a>.
This Preventing Discrimination and Harassment training course will help you recognize discrimination, harassment and retaliation and deal with them 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, as a supervisory employee, do to comply with and carry out our organization's responsibilities under these laws and policies?
To access the Preventing Discrimination and Harassment Training Course, visit <a href=http://www.acc.com/compliance>www.acc.com/compliance</a>.
This Preventing Workplace Violence training course includes information about (1) workplace-violence prevention, (2) risk factors, (3) how to identify a threatening situation, and (4) what to do if you're in or near one.
To access the Preventing Workplace Violence Training Course, visit <a href=http://www.ethicsxchange.com/topic/35558-preventing-workplace-violence>www.acc.com/compliance</a>.
This survey covers the results of the Laurence Simons group on in-house salary and benefits.
This resource discusses both federal and South Carolina state laws and policies regarding immigration, including the Immigration Reform & Control Act (IRCA). Additionally, the document includes relevant real-life examples.
This material helps you explore legal options to help your company define or update an open source policy.
The world is getting smaller and smaller and your company is looking beyond the national borders for new markets and resources. Unfortunately, there is a myriad of import and export laws and regulations you must navigate through, including OFAC, ITAR and FCPA to name just a few. Learn what you need to know to set a well-charted course for your company, maintain compliance and make the most of your cross-border commerce.
Through outsourcing, law departments can save money, improve law department productivity (and morale), and add more value to the business - IF you are careful to outsource the right things for the right reasons, select the right provider to meet your objectives, and manage the LPO/firm relationships well. Through a blend of instruction, mini-case presentations and small group exercises, you will develop the decision-making and management skills to lead successful outsourcing programs. Lessons learned through this crucible can be applied to additional outside resource management scenarios.
Records management is often not viewed as a responsibility of the general counsel's office, but records management decisions, and mistakes, can often raise a host of legal issues. This basics program will introduce in-house counsel to the basic elements of a records management policy including the law, review recent regulatory and judicial decisions that should influence a company's records management, and target the types of information that require special attention when it comes to preserving or destroying corporate records. An emphasis will be placed on automated information. Come build your records management checklist, learn what the greatest legal risks in this area are, and what recent and upcoming legislation and regulatory developments could affect your policies.
Shareholders are important stakeholders for every company; however, recent events have shown the risks and legal liabilities a company faces when dealing with them. Recent regulatory and legislative developments, such as new SEC rules permitting electronic proxy distribution, and the New York Stock Exchange’s action to eliminate broker non-votes, add complexity to these matters. Our expert panel will discuss a range of legal issues relating to conducting the annual meeting, proxy disclosure and solicitation issues, the legal response to possible shareholder activism, and the role of proxy service provider Institutional Shareholder Services in your company's relationship with shareholders.
More and more employees are qualifying for certain benefits deemed for domestic partners. This is a relatively new area for benefits coverage: here is a your chance to get a clear picture up close from your in-house peers as they share their expertise on current legal status of domestic partners and best practices. You will come away from this session with a better understanding of the legal rights, or lack thereof, of domestic partners and their family members to employee benefits and other HR matters. Plus you will take home forms for use in employee handbooks and other company documents.
If you are a managing attorney, are you aware of your obligations under the Rules of Professional Responsibility? Sure you manage your own ethics, but do you know that you are also responsible for ensuring the professional responsibility of the attorneys you supervise and the compliance with professional standards for paralegals, secretaries and other non-lawyer staff? Come to this session and learn your additional ethics responsibilities as a managing attorney.
In today's global economy, strategic alliances have taken center stage. Organizations of all shapes and sizes, across all geographic and industry sectors, are actively building partner-centric business models and designing partner-leveraged strategies. These corporate networks of alliance relationships pose some interesting legal challenges for in-house counsel. How are strategic alliances structured, negotiated and implemented? How should issues such as limitation of liability, protection of intellectual property and confidentiality be addressed? How are performance metrics translated into contractual language? What particular concerns arise when alliances go cross-border? How has Sarbanes-Oxley complicated the alliance landscape? What does the future hold for strategic alliances? Our panel of experts with deep experience in the legal aspects of strategic alliances will teach you the law and share their particular experiences addressing the unique legal issues that alliances may present.
The mandate of the in-house lawyer is to limit risk while at the same time helping to grow the company's business. How do you protect the company and ensure legal compliance without being labeled the "sales prevention department?" How do you encourage Sales and Marketing departments to include Legal in their business processes at the appropriate time? This program will explore specific, practical strategies designed to align compliance/risk management objectives with the business goal of driving revenue. Speakers will describe how to develop common ground with sales and marketing personnel to produce profitable business that also satisfies the company's compliance and risk management requirements.
"Patent litigation" - unfamiliar venues, strange procedures, and crippling potential downsides often come to mind with these words, and companies’ patent dockets continue to expand. This panel of patent litigation veterans will draw from their experiences to help you better address your next patent case, from practical tips to new case law that will drive the cutting edge of this important topic.
UBIT, Lobbying, political activity, and involvement in commercial ventures. Sound familiar? In-house counsel will appreciate this review of the major tax issues confronting nonprofits.
New regulations and ever-evolving standards are changing the relationship between companies and their auditors, and the way audits are conducted. What are the company's legal obligations when working with auditors? How can in-house counsel assist in the audit process? Who is in charge and what are the standards? What can be done when auditors change their minds? How can you best protect the attorney/client privilege in the audit process (e.g., minutes, litigation reserves)? Learn the answers to these and other pressing questions from our panel.
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