Presented at ACCA’s Annual Meeting 2000; Program - A Comparative Analysis between U.S. and European Competition Laws
Presented at ACC's Annual Meeting 2000; Program - A Comparative Analysis between U.S. and European Competition Laws
Review of unauthorized practice of law rules throughout the United States. Includes hypotheticals that illustrate the application of the rules.
Reviews three litigation strategies employed by the plaintiff's bar: medical monitoring, "Big Government" lawsuits, and judicial nullification of state tort law.
"Ethics program material, "Cutting Edge Issues for In-house Counsel," presented to the North Carolina Chapter by ACCA Senior Attorney Jim Merklinger. (September 24, 1999)."
"Update of SEC develops includes information related to M&A."
"Includes substantive information on protecting trade secrets and covenants not to compete."
"From WMACCA Monthly Luncheon, October 21, 1999. Presented by Ernest Stern and Edwin Martin, Jr.,
Piper & Marbury L.L.P."
Hypotheticals, discussions, and citations to the Model Rules of Professional Conduct of ethical issues facing corporate counsel.
To present the program, you will need approximately four individuals to read the script and "role play". We suggest a panel of two to four individuals with a moderator to address discussion questions. Successful programs have used panelists with diverse legal backgrounds such as in-house lawyers, judges, legal ethics professors and lawyers in private practice. We encourage audience participation.
A summary of recent developments regarding to the attorney-client and work product privileges.
Whether someone is engaged in the unauthorized practice of law is a highly fact-sensitive inquiry. Both New Jersey and New York courts have, therefore, adopted a case-by-case approach.
"Just as the dual role of in-house counsel complicates liability as discussed above, communications with in-house counsel, ordinarily subject to the attorney-client privilege, have become suspect."
The following questions are designed to test your knowledge of the ethical concerns in giving or receiving gifts in a business relationship.
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!
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.
In-house counsel are frequently called on to oversee and manage the “three ring circus” presented by simultaneous shareholder, class action, and derivative lawsuits, SEC and independent internal investigations and even federal and state criminal investigations. Learn how to knowledgeably spot and manage the peculiar issues and dynamics presented by these multiple proceedings, including: finding appropriate ways to coordinate multiple sets of outside lawyers; striking a suitable balance between oversight of and independence for outside counsel; managing conflicts, disclosure, insurance, indemnification, privilege and personnel issues; and all the while steering a course which is acceptable in the eyes of plaintiffs’ lawyers, regulators, prosecutors, shareholders, management and the board.
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.
As a result of the revenues received from the recent tremendous increases in gas and oil prices, Middle East countries are currently engaging in significant commercial and structural development programs, such as the establishment of stock exchanges, and the development of huge infrastructure projects. Where there are opportunities for commerce, in-house counsel will shortly follow. This means that we must educate ourselves about how government practices and the laws in this increasingly important commercial region will affect our clients’ transactions. This panel of experts provided a crash course on understanding these matters.
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