Articles
The aim of this paper is to assist those who maintain a foothold in each of the legal and business worlds. This paper explores the boundary between legal and business advice provided by in-house counsel, analyzes the potential liability and insurance ramifications associated with these two kinds of advice and examines how the rules of ethics and changes in procedures may help the In-House counsel in maintaining a balance.
Supplement to Program 503 at ACC's 2006 Annual Meeting. Includes information about Insolvency procedures in different countries.
Management hates surprise expenses, and litigation can be difficult to budget. This session will review best practices employed by successful companies to manage litigation. Topics will include methods to avoid litigation in the first place, how to set and manage reserves, techniques to control costs, and tips to manage the paperwork.
Privilege, data protection and data retention are probably THE most important issues on the minds of corporate practitioners. In this fast paced exchange of information and ideas, we’ll share with you these hot topics and bring you up to speed to better counsel your client.
Would you like to move up, either within your current company or at another company? Maybe become a senior lawyer at a large organization or a general counsel of an any-size corporation? You work hard and charting your advancement is always on your to-do list, but somehow it always stays at the bottom, thanks to company meetings and more. This panel of career specialists will discuss meaningful ways for you to approach advancement in the in-house profession and show you ways to build your skill set so that when the next big position comes along, your resume and you will get in the door.
Regardless of your industry, your company has employees. With employees comes potential liability especially if you aren’t familiar with laws in neighboring countries where you have facilities. This session will highlight the hot spots that every in-house counsel needs to know about multi-jurisdictional employment law and the differences between Canada and the US.
We all have to negotiate: with other counsel, our co-workers, even our family. Receive insightful guidance on successfully handling all phases of the negotiation process including acquiring information from an adversary, negotiating for a competitive advantage, and identifying the best methods for closing the deal.
Learn how you and your corporate client can benefit from the many resources available to you through ACC membership including access to the Virtual Library, involvement in our practice area committees, special pricing on legal services through our ACC Alliance program and much, much more. Take home great ideas and be a star with your customer.
CEO’s and lawyers have lost their jobs over improper revenue recognition. As corporate counsel, you are expected to help make sure your company is doing it right. Using a number of typical contracts that most in-house lawyers will negotiate and draft during their careers, our panel will discuss the kinds of accounting issues that may come up, particularly in the context of earnings and revenue recognition.
Every business, small or large, local or multi-national, must consider the implications of IP protection. Take this opportunity to examine the primary global framework for protecting different asset categories, and get perspectives and practical advice in avoiding the most common pitfalls for organizations doing businesses across borders, with a focus on how electronic media have significantly increased risks for organizations with IP interests.
What makes one in-house counsel more successful than another? Why do some get recognition and others get overlooked? How can you be sure that you're in tune with your organization and are making the best of the resources at your disposal? Your corporate counsel peers will share strategies and tools you can employ to achieve greater professional satisfaction and effectiveness.
Compliance with multijurisdictional laws and regulations and observance of industry codes of conduct can be quite challenging in today's global economy. Our panel will discuss the practical aspects of developing a corporate code of conduct, dealing with the challenges of different regional norms of doing business and cultural differences, effective training and communication, and preserving your good corporate name and reputation.
Conducting commercial business involves a multitude of risks, and rendering in-house services as a legal professional involves responsibility for decisions that affect the risk profile of your company. This session will examine significant areas of direct corporate risk: regulatory, product/service performance, compliance, reputation and financial, among others, as well as mechanisms for effectively managing such risks.
Presented for ACC Europe. This material contains program slides regarding compliance with EU employment law. There are also charts that compare differing country rules regarding business transactions, collective dismissals, and the comparative difficulty of regulatory compliance.
Regulators and experts tell us that in-house counsel are expected to help their companies do the right thing. Our closing session will help you think about what that really means. Be among the first to experience a dynamic new ACC ethics program. First you will watch the story unfold: a corporate counsel gets caught in an ethical dilemma not of his making; then you will hear from leading in-house counsel as they discuss how they would have reacted if placed in the same situation. This interactive session, originally produced by ACC's Greater New York Chapter, will send you home with advice on how your company can improve its own professional responsibility compliance program.
Want to get into the government contracting business but don't know how? Our contracting experts will give you all the law you need to fill your personal toolbox. You will learn how to distinguish between a do-it-yourself project and when you need to hire a specialist, how the law of contracting with federal agencies, state governments, and government-owned companies differs from the law of contracting with any other customer, how to determine which statutes and regulations apply to your contract, and how signing a public contract can alter how you do business and may affect your property rights.
What do in-house counsel need to know about the accounting requirements of Sarbanes-Oxley, Section 404? Are the SOX 404 requirements, strictly an accounting function or do in-house counsel have an interest? This session will provide you with up-to-date information on SOX 404 as well as FASB, public exchange, and the law involving other accounting guidelines effecting publicly traded companies. A focused discussion among your in-house peers will also provide a listing of practical problems and issues which have arisen since these regulations were set in place and possible solutions (including implementing compliance programs) and offer a forward looking perspective for what is to come in future months.
Join the general counsel of the U.S. Environmental Protection Agency, a Capital Hill insider and your in-house peers as they review the executive and legislative priorities that are driving the national environmental agenda. This well-informed panel will highlight the policy and program initiatives that are affecting pollution control, public lands, and enforcement practices and help you advise your company or organization on how best to respond.
What are the legal issues presented by the use of volunteers? Can volunteers collect workers compensation, sue for discrimination, or bind the company? Our panel of experts will share tips on these and other volunteer issues including writing policies, conducting liability audits, implementing proper insurance, and gaining a clear understanding of the Volunteer Protection Act.
ACC Chicago and Epstein Becker Green handout for July 18 & 20, 2023 MCLE programs, AI Advancements in the Workplace.
Occupational safety poses one of the largest threats to a company while it may also be among the most preventable of workplace legal problems. Using an entertaining approach to a serious subject, our panel will identify warning signals that rouse OSHA's attention, recommend how best to respond to workplace safety crises and advise you on the latest OSHA compliance issues you should be considering.
Your company's tax-exempt status is valuable. Do you know the law well enough to protect it? Here you will learn the top ten things a tax-exempt organization's legal department should do to obtain and maintain its tax exemption and minimize liability for unrelated business income (UBI). Topics to be covered include how the nonprofit community has internalized the intermediate sanctions ten years after their release, fundamentals of the tax on UBI and UBI tax planning, legal prohibitions for charities and other tax exempt organizations, challenges to the tax exemptions of health care organizations, lessons learned by the IRS as a result of its recent tax exempt organization audit initiative, and revisions to the tax code being proposed in Congress.
Learn the fundamentals of disclosure required under the federal securities laws and relevant stock exchange rules from a panel of your in-house peers. This back to basics session will teach you about disclosures required in Forms 10-K, 10-Q, and 8-K, proxy statements, and Section 16 reports. Plus you will learn how the SEC staff conducts reviews and what shareholders expect in these disclosures.
Whether your company has lawyers outside the U.S. or not, there will come a time when you may need to deal with litigation, government investigations, commercial claims, or employment matters in another country. What are the best practices you should employ when working with outside counsel or your own legal staff outside of the U.S.? Our legal managers will share their lessons learned from the trenches and send you home with practical approaches to dealing with international legal issues.
This back to basics refresher course will update you on best practices for preventing litigation. Review the list of actions you can take as your organization's legal superhero, including current early response initiatives and after action reviews.
Our panel of expert in-house counsel will provide a sound introduction to the methodologies for doing business in Mexico, Latin, and South America. The panel includes counsel who represent companies that regularly do business in these regions. Included in their presentation will be ideas for establishing a foothold, cultural considerations, advantages to the locations, and general contracting provisions, sending you home with a solid checklist of steps to follow to make inroads into the regions.
Companies and their law departments grow and change. What worked in the past may no longer work when a company changes, or when a department grows. Learn how the growth and change of the company and law department itself can affect the way in which you deliver services to your client. Our panel of experts will send you home with practical approaches to dealing with growth and change in your legal department (including how to develop a basic strategic plan to address day-to-day priorities) so you can maximize the delivery of high-quality service to your company.
Entering into a joint venture with a company outside of the U.S. is one way to expand distribution of your company's products. The legal requirements of joint ventures can be tricky anywhere, and unexpected rules may apply in the international arena. This session will cover the pitfalls of doing business via a joint venture in other countries including how to test the waters before committing, and forming strategic business alliances. Our panelists will provide a review of legal aspects of tax issues, internal pricing methodologies, and permanent establishment criteria.
Regardless of your company's line of business, you will have to negotiate IP agreements. We will send you home with the legal skills you need to know when negotiating your IP contracts. The program will include substance and strategy for both buyers and sellers. Learn to negotiate a broad range of legal agreements from both sides of the table including licensing, service, technology service, and much more.
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