Legal Operations Startup Toolkit Checklist
How to Gain Traction: Bootcamp for Leaders of Early Stage Legal Operation Functions
Learn which regulations may impact your normal course of doing business (e.g., how confidentiality clauses in settlement agreements with clients and employees could run afoul of FINRA rules and whistleblowing laws). Discuss unique challenges facing the financial sector on the interplay with social media and advertising, securities offerings, loan application communications, the Community Reinvestment Act and more. Explore how your organization may be impacted by non-financial focused regulation such as HIPAA, state ban-the-box rules and the JOBS Act.
Review recent case law on the business judgment rule and discuss the elements as they apply to the board. Learn ways to educate and guide the board regarding the business judgment rule and its application. Discuss the role of institutional investors and whether sophisticated shareholders are held to a different standard. Hear a litigator’s perspective on governance litigation, including drafting appropriate board minutes, collecting directors’ notes, purging board books and retaining records.
Discuss provisions in cloud computing agreements that address sensitive issues, such as data ownership and protection, privacy and intellectual property. Obtain tips on negotiating liabilities and risks in cloud computing contracts — what provisions SaaS providers commonly include in agreements, provisions large customers typically request, which are negotiable and how to mitigate the impact of terms you cannot change.
Because financial industry databases are goldmines for hackers, the financial sector faces greater threats and higher regulatory demands and consequences than other industries. This interactive session will equip in-house counsel with the practical guidance and tools they need to respond when the inevitable happens. Attendees will work through a breach scenario and walk away from the program with a step-by-step outline of what to do when the data breach occurs (i.e., who to notify, remedial steps to take, etc.). Discuss best practices for information sharing, notification protocols and responding to the media. Explore the questions that should be considered before notifying the board and notifying the appropriate government agencies.
In your first week as the general counsel of a company, you just received information that you are now in a crisis. In this interactive session, members of the audience will play different roles within the company (members of the board, legal department, managers, etc.) to have a discussion, including: What type of crisis plan do you have, if any? What to do and how to formulate a plan of action? Who to call first, how to prioritize tasks, and where to prioritize resources? Who (internal and external players) to get involved and when to get them involved? What data is needed when a crisis hits? How to prepare for the media and when to reach out? How to communicate with customers, vendors and suppliers, regulatory agencies, and other parties?
Shakespeare said, "All the world's a stage;" in this session we are all players. This program will be your stage, and you will have a part in this two part drama involving both the acquisition of a business enterprise and a subsequent litigation when the parties’ expectations go awry. Here’s the plot of the drama: Through participating in a live negotiation exercise, attendees will gain insights into high-level negotiating strategies and tactics. Through engaging in a workshop, attendees will learn to create leverage in order to increase the likelihood of optimal negotiation outcomes. By viewing a mock mediation staged by the faculty members, attendees will decide where the line is between bluffing and dishonesty. When presented with an impasse, attendees will be given tools to get the negotiations back on track. With input from faculty members, attendees will get feed-back on negotiation styles and exit with pragmatic take-aways for use in future real life negotiations.
Discuss how and why regulators, such as the CFPB and the SEC, are mining big data, and how this trend can impact the financial industry. Learn what laws currently govern and impact big data, and what pitfalls to avoid when advising the business and making big data-related decisions. Understand what it means to be a "data broker” (for businesses that sell or analyze big data). Receive a checklist for essential big data policies, procedures and guidelines. Discuss the growing number of internet-connected wearables and industrial sensors, the questions they raise about data privacy, and the security of parties who aggregate, share, sell or rely upon this information.
Learn what’s new in the realm of executive compensation and how to advise your board and company executives to prevent surprises. Discuss pay for performance, performance metrics and pay ratios. Share best practices for conducting a comprehensive, cross-functional “Say on Pay” shareholder engagement strategy. Examine the role that governance attorneys play (or should play) in executive compensation. Explore recent trends in executive compensation disclosure.