All assumptions should be checked at the door for this engaging session where our panel of experts will provide an overview perspective on commercial and IP litigation procedure in various jurisdictions, including the UK, Germany France, and the US. Pan-European in-house counsel should plan to attend in order to learn how to reduce the often surprising, and sometimes frustrating, process of suing or being sued in foreign jurisdictions. Topics to be covered include discovery, timing, the appeals process, and enforcement issues.
Opening an office or subsidiary in a foreign jurisdiction can be daunting, and not simply because of culture, location or resource challenges. This session will provide a valuable discussion of the topics and explore various practical and legal issues arising when opening and operating satellite offices in foreign jurisdictions. Issues to be addressed include chartering and establishing legal entities, creating and maintaining relationships with local tax, legal and business consultants, as well as relevant government offices, overcoming the real estate and physical infrastructure challenges, employment considerations for hiring both local and foreign employees, and integrating the newly opened operations with those of the larger organization.
Your CEO is charged with professional misconduct-what do you do to ensure a thorough and impartial investigation? Through review of case studies, our panel will review the legal, ethical, and practical considerations when allegations involving your senior executives require immediate and intense investigation. Topics for review will include internal and external reporting of allegations and conclusions, attorney-client privilege, intimidation by the senior executive and his team, and implementation of corrective action.
Real estate is a subject about which most in-house counsel will be required to provide advice at some point in their careers. Understanding and managing the law and insurance related to real estate can help minimize the risks, especially as they relate to acquisition, ownership and management, leasing, and construction issues. Take home a checklist of real estate risks, strategies regarding environmental, health, and litigation risks, and how to shift the risk of loss onto others.
If your company enters into commercial agreements with other organizations and you don't understand the law surrounding the insurance issues relating to them, this session is for you! Join us as we look at the various insurance clauses that should be included in your agreements and their legal impact.
This advanced level session will provide you an overview of negotiating international license agreements in the context of a variety of property types (trademarks, patents, copyrights, and databases). Included in the list of topics to be covered will be defining the nature of the properties, licensing fees and payment issues, identifying the role of licensing representatives, choosing the applicable law, choosing the appropriate entity to receive the license, and much more.
We've all seen movies where a smoking gun document surfaces late in a crisis. While this can be entertaining when it is someone else's problem, most of us would prefer to avoid this scenario with our own companies. The best way to avoid smoking guns is to implement sound document retention policies. Topics to be covered include education and document retention challenges, proper maintenance of files, teaching law to non-lawyers and making the law relevant, encouraging non-lawyers to use proper document creation processes, and much more.
Compensation is a key issue at any company. As legal counsel, you are sure to deal with this question on a regular basis. But are you as well versed in the topic as you should be? If not, allow our employment experts to share their insights on this hot topic including ways to identify and avoid potential problems. The session will present a discussion of compensation topics including elements of executive compensation, international compensation, and how recent legislation affects them.
From the board room to the store room, diversity is an issue that's "top of mind" within the business community. But even the most successful companies and people managers recognize that with this topic, there's still much to learn. This is your chance to ask the experts! MCCA, the leading association for diversity issues in the legal profession, has retained two of the nation's top diversity consultants to share insights into jump starting diversity programs, enlisting broader inclusion of white men, and avoiding common pitfalls that could tank even the best intentions. Check all preconceptions at the door and join us for what promises to be an enlightening and informative discussion.
Despite limited budgets and unique organizational challenges, smaller companies face many of the same drivers with respect to implementing effective ethics and compliance programs as do large public companies. At the same time, smaller companies face additional challenges because the in-house counsel must wear multiple hats including lawyer, business advisor, price analyst, proposal developer, contract administrator, facility security officer-just to name a few. This program will offer a workplan and specific solutions for in-house counsel who must implement an effective ethics and compliance program with limited financial and staff resources, including a look at some of the conflicts when counsel also wears a business hat.
Since the 1990s, there has been a substantial increase in the number of class action lawsuits filed in federal and state courts. Often these suits are developed in collaboration with plaintiffs' counsel from multiple jurisdictions, and after testing on mock juries. Many of these suits are coordinated with requests for government action against the company and launched with a media blitz. How can you prepare for such an assault, and how should you respond once a complaint is filed? Your legal peers who have survived this new class-action game will identify the plaintiffs' tactics and offer suggestions for early responses as well as long-term strategies in defending class actions. Plus you'll learn strategies on how to reduce risk from such actions and coordinate the activities of your legal department and public relations.
This training course explains the Federal Energy Regulatory Commission (FERC) Standards of Conduct in simple, understandable terms. It includes pop quizzes, news clippings and a final quiz highlighting real-world compliance issues that employees should learn to recognize and respond to appropriately.
To access the FERC Standards of Conduct Training Course, visit <a href=http://www.ethicsxchange.com/topic/53519-ferc-standards-of-conduct>www.ACC.com/compliance</a>
Discussion of the ethical and professional issues facing in-house counsel in e-discovery and document retention.
Overview of public relations issues that pharmaceutical companies may encounter. Provides examples of some worst-case scenarios, crisis management tips, constituencies to consider, and tips on how to react to crises.
Will your contract withstand an unexpected change and still provide you with the benefits you have anticipated? Have you anticipated what might happen to your “deal” if the counter-party has a significant change in its business, such as being acquired, becoming insolvent, or losing key personnel? Is your contract designed so anticipated, routine changes can be readily made? Are you protected from a force majeure event? Are you prepared to make quick, non-routine changes to your contract, when this is necessary? This presentation will help you to answer “yes” to all of these questions, thereby producing contracts that are more resilient in the face of future change.
Whether it is called excess or erroneously awarded, some compensation – at some point – that has been paid to executives may need to come back to the company. Dodd-Frank made a policy on this mandatory, and the SEC rulemaking on Section 954 of Dodd-Frank needs to be taken into account. Attend this session to engage in a discussion of what a policy might cover and what a policy needs to cover. Consider the choices and policy implications on this important topic with colleagues. Should policies be all-encompassing, or should recapture provisions be included in employment agreements and awards? What triggers the clawback? Who is covered by the policy? What are others doing and what do advisory firms think about clawback policies? Good questions for a great discussion at this session.
It has been almost a year since the adoption of the most significant financial reform legislation in recent history. Find out what has been happening on the regulatory and legislative fronts, and what still needs to be done.
McMillan's presentation for the conference entitled "doing it right – how to comply with Canadian, American and UK anti-corruption legislation" (2012) This presentation provides an interesting overview on the compliance aspects of anti-corruption legislation.
Examine key issues arising from differing legal systems in negotiating and drafting contract terms, particularly choice of law considerations, as well as other substantive provisions such as warranties, indemnities, limits on liability and dispute resolution.
Learn techniques to become a more effective negotiator. Gain insights into different approaches to the major legal issues that arise, and discover the cultural “soft skills” you need to navigate successfully across the cultural divide while keeping a firm hold on your ethical compass.
This article is an update on the pharmaceutical, medical device and health care marketplace. This year and last have brought many changes in fraud and abuse regulations, corporate integrity agreements, reporting under the Federal Sunshine Act and the impact of the Mensing decision. Experts from different industries will discuss how they are implementing these changes within their organizations.
This materials covers the elements and process of drafting and ensuring maximum enforcement of noncompetition, nonsolicitation, nondisclosure and assignment of inventions agreements for US-headquartered multinational organizations, with employees and service providers resident and performing services in multiple jurisdictions worldwide.
Part 2 of the Contract Drafting Program. Did you know that most attorneys only have a vague idea of what an indemnification provision does and how to determine if it does what you think it does? This program will dissect indemnification provisions in commercial contracts for both goods and services. Learn what indemnification provisions mean and how you can spot problems/risks and draft a good provision. We will also cover intellectual property indemnities and the interaction of indemnity and insurance provisions.
Examine the differing antitrust/competition and other legal requirements of the European Union that govern cross-border sales distribution arrangements in multiple jurisdictions and take away practical insights on how various legal systems impact a supplier's approach to resale price maintenance, exclusivity, brand integrity, bundling, payment, terminating and/or replacing agents and distributors and conducting online marketing and sales.
This session will include recommended compliance program enhancements to mitigate the risk presented by the increased enforcement climate.
The relationship between human resources and the legal department can be fraught with challenge. The boundaries often overlap, especially in difficult or high-profile employee matters. This material, prepared by a seasoned panel of experts, offers tips on how to navigate this challenge and forge effective client relationships.
This program will examine advanced issues that United States companies face when managing legal operations abroad or when they have subsidiaries operating in foreign jurisdictions.
This material addresses trends and best practices in Code of Conduct drafting, based on recent benchmarking, studies of codes of public companies and the use of risk assessments. Learn how to implement an effective risk assessment process.
Includes: Centralized Law Department Model, Decentralized Law Department Model, Hybrid Model
Handout for April 26, 2023 MCLE program by ACC Chicago and Faegre Drinker, Dealing with Distressed Entities: A Primer for the Healthy!
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