In its infancy, your new company needs lots of TLC to see it through until the next phase of its corporate life. As legal counsel, you should be able to offer assistance to the executive team, but where do you learn such guidance? Look no further. This session will provide you with a wealth of knowledge including the ten most common tasks of an in-house lawyer, how to manage entrepreneurial clients' expectations, how to distinguish between work you must do versus work that can be sent to an outside firm, how to deal with ethical issues, how to "sell" yourself to senior management, and much more.
When the Senate Finance Committee issued its outline for nonprofit reform in the summer of 2004, it became clear that the nonprofit sector would not escape the post-SOX era without significant legislative reform. There is no hotter topic in the nonprofit arena right now than the legislation introduced and proposed as a result of the Senate Finance Committee's report and its hearings in 2005. It is also becoming apparent that the next emerging trend for nonprofits, following close on the heels of governance reforms, is the expectation and requirement of additional non profit transparency in some cases as a substitute for and in others in addition to more direct government regulation of nonprofit activities. In this session, a panel of key experts from Congressional staff and the Internal Revenue Service will respond to questions on the current and proposed federal legislation as such legislation exists at the time of the conference with a focus on transparency issues.
Government regulators can and will visit a facility at any given time and make spot inspections that could have severe financial and legal consequences for your company. Are you prepared? If not, you'll want to join with this panel of your in-house peers as they share what you need to know about the law of government investigations. You'll learn what training procedures to have in place when you've been advised an investigation is underway, what your legal options and rights are, and how to set an appropriate tone from the outset.
Do you feel confident that your company is properly identifying and managing its IP assets? Join your in-house IP peers as they share with you their best practices to legally protecting IP assets including developing and implementing an IP audit system and management strategies. Considerations for small to medium law departments will be specifically addressed.
In a post corporate scandal world, what is the law regarding insurance coverage? Does your D&O insurance cover all that your board expects? Can it do so legally? What insurance should you have and what does it cover? If you are looking for answers to these and other insurance questions, this session is for you! Our coverage specialists will take the mystery out of insurance realities and give you the basics you need to ensure your company is protected against any exposure.
Faced with a multitude of new regulatory requirements from both the government and the stock exchanges, companies are looking at other options for raising equity. Current options include going private, or registering and selling shares on a non-U.S. exchange. This session will examine the pros and cons of these options compared to being publicly traded in the United States, including a close look at the appeal of a listing on the London Stock Exchange.
The role of the shareholder continues to evolve and shareholders continue to be very active in seeking corporate change through the shareholder proposal process. We'll examine the latest shareholder proposals submitted this year, how these proposals fared, and trends for next year. In addition, we will review board responses, which ones were successful and which ones failed to sway the shareholders. What's the next hot topic to come; will it continue to be executive compensation, separation of chairman and CEO, or will there be a new kid on the block?
As a law student, you probably never realized that there were legal issues behind running a sweepstakes or lottery. But as an in-house practitioner, you may be expected to not only know them, but also be an expert on promotional contest processes. Never fear, ACC is here to help. Our small department pros will bring you up to speed on the legal issues involved in running a sweepstakes, lottery, or other promotional contest, examine the laws and regulations surrounding trade show drawings and website promotional giveaways, alternative means of entry, and how and when collecting marketing data to avoid triggering state registration requirements.
Does your nonprofit engage in fundraising practices such as vehicle donations, charitable giving and trusts, raffles, or casino nights? If so, were you aware that they are subject to federal, state, and local government regulation and that civil and even criminal penalties could be applied for failure to comply? In this session, we will address the various legal registration and approval processes in place at various government levels and provide useful advice on how best to handle this regulatory minefield.
Workplace harassment can occur at any level resulting in a significant negative impact on your entire work force and subjecting your company to new levels of exposure for harassment claims. What are the appropriate mechanisms a company must have in place to prevent harassment from happening, thwart litigation from ever materializing, and/or successfully assert an affirmative defense should a case be filed? Our panel of seasoned labor and employment counsel will provide a step-by-step review of the legal processes your company should have to prevent harassment and to protect your company from legal exposure should such a situation occur. We'll send you home with sample forms, policies, handbooks, training materials, investigation materials, discipline letters, and other resources to fully and completely support your ability to effectively prevent and handle workplace harassment.
Handout for ACC Chicago and Charles River Associates May 9th MCLE program, Export Controls and Sanctions Compliance as the “new FCPA”
Antitrust compliance issues abound in the international marketplace. Our panel of seasoned international counsel and government officials will provide an update on antitrust compliance preparation in the U.S. and Europe and will provide tips, tools, and resources to establish a sound competition compliance program at your company.
One of the greatest areas of growth for plaintiffs' lawyers is class actions for violations of wage and hour laws. The FLSA and state laws allow for a wide net to be cast in such cases resulting in huge potential liabilities and settlements. No company is immune, but you can reduce your risk of becoming a target. Whether you've already been sued or are trying to avoid it, you can't afford to miss this session. Our panel of experts will cover the fundamental issues in wage and hour collective actions and advanced strategies for litigating these cases including common mistakes employers make, how to avoid them, and when to settle.
Although most of the recent federal and state regulations and exchange requirements apply only to publicly traded companies, all companies can benefit from good corporate governance practices. Family owned companies often face special challenges when it comes to corporate governance. Learn the best practices for corporate governance applicable to all companies, and how to handle some of these special challenges.
Privacy and the collection of personal information is a hot topic around the globe. Whether you are in the U.S., Europe, or elsewhere in the world, various laws and regulations apply to how you can gather, maintain, or disseminate this information. Get a brief update on the rules and then delve deeper into how to handle this information legally, including how to establish a compliance program to do so, use of internal monitoring systems, and best practices for communicating policies to your workforce.
Highly successful litigators are sometimes best known for avoiding litigation! They achieve their success by relying on their negotiation skills to avoid the time, expense, and uncertainty of the courtroom. We've brought together a panel of seasoned negotiators who will share with you their differing perspectives and their secrets of success. In exploring this topic, we will look at the ethical rules implicated by negotiation, how to evaluate the strengths of your case, and we will offer tips, advice, and insights on the art of negotiating beneficial resolutions to disputes.
n 2005, ACC will host its eighth annual Onsite Pro Bono Clinic under the auspices of Corporate Pro Bono (a joint project of ACC and the Pro Bono Institute). The clinic offers in-house counsel the opportunity to earn CLE credit while providing pro bono services to nonprofit organizations that are in great need of legal assistance. The clinic will begin with training from national experts on the legal needs of nonprofit organizations. Participants will then meet for a consultation with representatives of Washington, DC-area nonprofits to guide them through a "legal checkup." Training materials and information about the nonprofit organizations will be provided to participants in advance. Please mark your 2005 Annual Meeting registration form to indicate your interest or contact the Corporate Pro Bono Project Director at 202.662.9699 or at cpbo@acca.com.
The most often-cited advantages of in-house practice include the opportunity to be involved in business decisions early in the process, to assist clients in risk management, and to answer to only one client. In short, we value being a member of the business team and as the saying goes, "membership has its privileges." But membership has a decidedly dark side: the potential to destroy the privileges we rely on to be effective advocates. Our panel will explore the peculiar challenges that in-house counsel face in asserting or preserving the attorney-client privilege. We'll cover the criteria for asserting the privilege, who holds the privilege, what actions have been found to uphold or destroy the privilege, how to manage client expectations, and more. When you leave, you'll be better able to identify trouble spots, counsel your client regarding privilege, and make informed decisions about when to draw the line between business and legal advice.
Given the increasing prominence given to international cartels and multi-jurisdictional enforcement cooperation, Fasken Martineau has strengthened its capacity to meet this new challenge with the recent addition of Mark Warner. The firm’s commitment to be at the forefront of the international competition law practice is reflected in Mark’s experience in the OECD advising Members and emerging market Non-Members on trade and competition law issues for WTO negotiations and on international aspects of merger review, cartel enforcement and distribution issues. In particular, Mark was involved in the OECD's pivotal work on international enforcement cooperation. He has also advised governments in South America, Asia and Africa on designing and implementing competition laws.
Description of ACC Member Resources
Power point presentation
905 - Managing an International Law Department
Presented at ACCA’s Annual Meeting 2000; Program - Ideas for Launching Local Chapter-based Pro Bono Efforts
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