The Association of Corporate Counsel (ACC) is the world's largest organization serving the professional and business interests of attorneys who practice in the legal departments of corporations, associations, nonprofits and other private-sector organizations around the globe.
This ACC Law Department Executive Leaders session included discussion of organizational structure, staffing and work allocation, outsourcing services, global considerations, and professional development.
Environmental laws for businesses in Ontario have changed and corporate officers and directors need to understand their personal and affirmative obligation to exercise due diligence to prevent environmental breaches. Offenses are punishable by fines, jail terms, or both, and officers and directors can be convicted for breaching this duty even if the company has not committed or been convicted of an offense under the Act. At the heart of this due diligence obligation is the requirement for an environmental management system.
The Pacific Rim includes many of the leading or emerging centers of trade including China, Japan, Taiwan, Australia and the United States. Our experienced international panel provided insight into trade in the Pacific Rim, with a focus on Australasian aspects, including an overview of recent developments in the region such as Free Trade Agreements and developments in competition laws.
Data security laws are rapidly changing the way organizations manage information worldwide. Breach investigations are becoming increasingly complex and pose greater risk including potential international effect. Recent breaches in the UK have literally changed the political landscape there. In Europe, huge fines have been imposed in recent cases.
Add to that long list of considerations in mergers and acquisitions the topic of how you handle the IP. This session provided an overview of this important issue, including engagement/pre-due diligence advice, matters that must be tracked down in due diligence, handling due diligence findings, working with outside counsel and legal department subject matter experts, the technical due diligence process including addressing open source matters, and the definitive agreement and disclosure schedules.
For over 50 years, members of the European Union have worked to create a single, harmonized pan-European internal market. However a seeming paradox has arisen: The more "harmonizing” legislation is passed at EU level, the more important divergent nationals laws become. This rise of national law, combined with the devolution of activity from EU to national regulators, has serious “real world” compliance ramifications for companies doing business in Europe.
Think your commercial contracting experience will easily transfer to understanding and negotiating government contracts? Think again. This session delivered a primer on how contracting with federal agencies differs from private sector contracting. We also showed you how to determine which statutes and regulations apply and discussed how to develop the requisite compliance program. More importantly, you will walk away understanding how signing a public contract might affect your business and its property rights and when you need to hire an expert.
Increased levels of corruption, a heightened regulatory environment, and pointed questions from their auditors and boards, have led companies to be much more vigilant in their efforts to address corporate fraud. This session focused on the role of in-house counsel in designing, implementing, and communicating an anti-fraud program. We considered areas of vulnerability, early detection processes, how to avoid and prepare for possible litigation stemming from corporate fraud, and how to reduce potential for class action lawsuits.
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.
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.