How do in-house counsel deal with ethically sensitive situations before they rise to a legal risk? Panelists will examine real-life ethical issues anonymously submitted by participants and examine ethical risks and possible solutions. Audience perspective and participation is welcome! While not limited to an examination of the Model Rules of Professional Conduct, this session will discuss selected rules in the context of the scenarios presented such as MRPC 1.6 (Confidentiality of Information); 1.13 (Organization as Client); 4.1 (Truthfulness in Statements to Others).
A presentation on the importance of image for in-house counsel.
The Securities and Exchange Commission (SEC or Commission) Chair Gary Gensler has signaled his desire to have the SEC propose rules in April 2022 to increase its scrutiny of special purpose acquisition companies (SPACs) and private companies that go public through de-SPAC transactions.
Two recent federal court cases have strengthened manufacturers’ commercial free speech rights.
A brief arguing that it is a normal, useful, and desirable practice for in-house counsel to advice affiliated companies.
ACC amicus brief with the Third Circuit in a case involving BCE, Inc., being sued by a number of its former subsidiaries now in bankruptcy, primarily Teleglobe Communications, demanding access to privileged communications.
An “earn-out” is popular way to bridge valuation gaps in merger and acquisition transactions. Often, they involve some dispute between the acquiring company and the management of the acquired company regarding the financial performance of the acquired business or perceived hindrances to running the acquired business to achieve the earn-out. This program will be valuable to both the in-house lawyer proactively drafting and negotiating an earn-out clause, as well as the in-house lawyer seeking to enforce or defend an earn-out clause in litigation or arbitration.
Learn how to implement a robust risk-based strategy that defines your third-party risk profile, standardizes the due diligence process, and performs continuous monitoring of third-party partners.
ACC Comment Letter
This is a sample catering agreement between a hotel and organization.
These are sample intellectual property and government contracts training materials.
As the head of legal and company secretary of Silverbird Group, one of Africa’s leading media and entertainment businesses, Adefunke Adeyeye has built a legal team focused on the core needs of the business to help it expand across and beyond its native Nigeria.
With ten months to go for new state privacy compliance laws, this article developed by Womble Bond Dickinson looks at how Colorado, Virginia, and California will be affected and what you should do so your operations stay compliant with the updates.
This article provides expert insights into the rapid advancement of regulatory technology across the legal sector. RegTech stands for Regulatory Technology and its use can save your company time and money.
Testimony of ACCA board Vice Chair John McGuckin, Jr. executive vice president and general counsel of Union Bank of California before the final hearing of the ABA Task Force on Corporate Responsibility on November 11, 2002. McGuckin notes that the Task Force's proposed changes to Model Rules would not adequately address either 1) perception of the public or 2) the need for lawyers to play a more aggressive role in preventing and reporting illegal activities.
Checklist of forms, agreements, and considerations necessary to complete joint ventures and protecting intellectual property rights.
Sample Letter for responding to annual auditors
A trade secret’s existence and value are challenged by increased outsourcing, subcontracting, and employee mobility. This panel will discuss tips and tactics for establishing and protecting trade secrets in the context of a remote and mobile workforce, including hiring and firing concerns and risks and strategies associated with telecommuters, bring-your-own-device policies, and secure data access and management.
The over-retention of information is the No. 1 information governance challenge companies face. Keeping too much information needlessly drives up discovery costs and creates unnecessary risk of a data breach. But why is it so difficult to hit the delete button? How do companies and in-house counsel get comfortable actually deleting information? This session will discuss how in-house counsel can lead an initiative to reduce the amount of data their companies retain by 50 percent or more. The panel will lead a non-technical discussion on who should be involved, what existing IT resources are required, decision points, and, most important, results.
Discuss how to approach contract negotiation and drafting across jurisdictions and legal systems. Gain insight into techniques and tools to monitor and manage the risks involved with having contracts across several jurisdictions. Identify resources that in-house counsel of international businesses implement to manage such risks, such as country managers, outsourcing, risk guidelines, documented authority delegation and reporting. Discuss challenges and best practices in enforcing contracts across jurisdictions.
Bob Feldman takes a look at ConFold Pacific, Inc v. Polaris Industries, Inc. and the subject matter of non-disclosure agreements.
This article discusses how varied experiences can be a benefit, but, if not explained coherently in an interview, they may become a resume liability. You have to be able to tell a good story about how your experiences have shaped you to be a thoughtful, thorough, and ethical business advisor.
A new column for ACC Docket, Outsource Resource, covers and discusses the challenges in-house counsel face with limited budget and staff.
In Richard Susskind's latest book The End of Lawyers? Rethinking the Nature of Legal Services, he develops his theory that the new information age will ultimately render lawyers obsolete. This article analyzes and critiques this premise from the perspective of in-house counsel.
Bob Feldman explores which boilerplate clauses are worth keeping in contracts.
For law departments to be more efficient, in-house counsel must develop thoughtful programs to methodically identify, create, and update their valuable knowledge assets.
Under stress it is imperative for attorneys to exercise control of the situation, otherwise, as Bill Mordan explains in this article, our biases can lead to a misinterpretation of the facts.
Law firms often offer in-house legal departments “free” hours on any assignment given to them. Learn why free hours for process improvement, instead of the usual, low-stake legal matter, is of real benefit to the in-house team and makes for good marketing for outside counsel.
Occupational misconduct can occur for a variety of reasons, and while only speculation can deliver root causes, one such cause is often overlooked: denial. In this column, James A. Nortz examines the case of David Myers, former Worldcom controller, to display how denial can also be a root cause.
Read this 2010 Clarion Award-winning column!
Bill Mordan describes the intangible benefits that come with work in this informative article.
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