The past 12 months has seen significant changes to the employee relations landscape.  From changes to enterprise bargaining, though to the right to disconnect, same job same pay, new causal and employee definitions (and more), the amendments to the Fair Work Act will impact the way we do business. Join Page Seager Lawyers in this member update on the recent tranche of amendments to industrial relations laws.

Page Seager’s Employment lawyers will:

• Summarise the changes brought about by the Closing Loopholes legislation passed in late 2023 and early 2024.
• Explain how these changes may impact employers.
• Provide practical guidance on compliance.

 

ACC Colorado Legal Recharge:
Come for the CLE, Stay for the Relaxation
 
CORPORATE TRANSPARENCY ACT UPDATE 2024:
The Government in Your Business

1801 Wewatta St, Suite 1000 | Downtown Denver
Thursday, April 11, 2024 | 4:30 pm - 7:00 pm
Complimentary parking provided - details to follow.

One (1) CLE Credit Pending

 

REGISTER NOW!

 AGENDA
4:30 pm
Registration & Networking on the 10th Floor
5:00 pm
CLE Program: CORPORATE TRANSPARENCY ACT UPDATE 2024
6:00 pm
Reception immediately following featuring connection building with your ACC Colleagues and the HB team, sweet and savory treats, cocktails and mocktails, and relaxing chair massages provided by Elevate Massage Company!   

Join Husch Blackwell for this engaging session about the Corporate Transparency Act (the legal and the practical).
 
The Corporate Transparency Act (“CTA”) was enacted by Congress as part of the National Defense Authorization Act to combat money-laundering conducted through created shell companies and became effective January 1, 2024. The CTA requires small and otherwise unregulated entities formed in the U.S. (or accessing U.S. markets) to report “beneficial owner” information to the Financial Crimes Enforcement Network.

On March 1, a federal court in Alabama found that the CTA was unconstitutional, and on March 4, FinCEN provided a response through an official notice.

This presentation will:

• Discuss the background and reporting requirements under the CTA
• Provide a timely update on the recent court decision, FinCEN’s response, and what this may mean for your business going forward
• Focus on the areas in which the panelists see more and more of the Government in your business

  HUSCH BLACKWELL PRESENTERS:

	Barbara A. Grandjean, Office Managing Partner - Denver Barb represents employers inside and outside the courtroom. She consults proactively with employers regarding workforce development and management issues based on her 25+ years of experience.  On any given day, she may be providing pragmatic advice on topics such as hiring; discipline and terminations; harassment, discrimination, and retaliation; privacy and social media; medical and non-medical leave; reductions in force; executive employment; wage and hour matters; drug testing and cannabis; and employment handbooks, policies. and training. As a leader of the firm’s Pay Equity team, Barb has overseen numerous multi-state and federal pay equity audits which can provide employers with defenses to the increasing numbers of pay-related claims across the country.
	Steve Levine, Partner The leader of Husch Blackwell’s Food Systems industry unit, Steve co-leads the firm’s national cannabis practice. As head of the firm’s Food Systems industry unit, Steve leads more than 50 professionals from numerous practice areas focused on the various food and agriculture industries. He excels in bringing innovative, cost-effective answers to the various challenges that our clients face, and he is especially passionate about working with new industries or industry disruptors. Steve’s gift for developing creative solutions to new problems makes him a perfect fit for fresh and rapidly growing industries. Since 2009, his major focus has been on the burgeoning cannabis industry, where he guides clients through the tangle of shifting regulations governing the sale and use of cannabis in both the marijuana and industrial hemp sectors across the nation.
	Chris C. Sundberg, Partner Chris concentrates his practice in commercial contracting and providing guidance on regulatory matters. Chris drafts, negotiates and manages complex commercial contracts for ongoing business operations. He manages large books of procurement contracts for clients that range from financial services to consumer goods to heavy equipment sales. Interacting with clients, he advises them on strategic contract positions and successfully negotiates those positions to further client business goals. Chris also assists with corporate formation, governance and structuring and handles mergers and acquisitions across numerous industries. With a deep background in aviation, Chris often represents commercial airline and business aviation clients. He provides advice on the purchase, sale and lease of aircraft and he drafts agreements for the maintenance of aircraft and aircraft engines. Chris also offers federal regulatory guidance to aviation-related clients, including air carriers and airports, on matters related to the Federal Aviation Administration (FAA), Department of Transportation (DOT) and Pipeline and Hazardous Materials Safety Administration.
	Yuefan Wang, Partner Yuefan guides clients through complex corporate transactions, with a focus on the cannabis sector and private equity. Yuefan also advises on compliance with the new Corporate Transparency Act. Yuefan has experience representing large corporations, multinational companies, and investors in mergers and acquisitions, joint ventures, equity financings, and complex commercial agreements in both the U.S. and China. Having worked extensively in the agribusiness, life sciences and energy industries, he currently focuses his practice on cannabis and industrial hemp. Clients appreciate his guidance through this ever-changing regulatory environment and the unprecedented opportunities of today’s market landscape. Yuefan especially enjoys the intricacies of drafting complicated deal documents tailored to the particular business transaction envisioned by the client, instead of offering a one-size-fits all approach.

 

 

Environmental, Social and Governance (ESG) has evolved beyond buzzwords, becoming a critical business mandate. For in-house lawyers, entrusted with the dual roles of strategic advisors and stewards of legal compliance, the imperative to align corporate practices with evolving ESG goals has never been greater – or more complex.

Movember: Making Decisions with Purpose 
With regulatory reform looming, witness the transformative power of ESG through the lens of global men’s health organisation, Movember. Here, ESG isn't a checkbox on a form; it's a compass steering ethical, responsible, and resilient business conduct.

Earn 1 CPD Point Over Lunch
Join us on Wednesday, 28 February 2024 at midday for a thought provoking 1-hour webcast. Our speakers include Movember’s Global General Counsel and Company Secretary - Cate Bennett, Zoe Mortimer, a UK-based EDI Advisor and Corporate + Commercial Lawyer, engaging in a riveting conversation with Law Squared’s Grace Beaumont.
 
Lunchtime learning highlights include:

• The Global Legal Landscape: Gain a panoramic understanding of the global legal context for ESG.
• Putting the ‘S’ in ESG: Understand why well-being, diversity and inclusion, community engagement, labour practices, and human rights are at the core of comprehensive sustainability.
• Change Looms: Stay ahead of the evolving ESG landscape and prepare for impending mandatory reporting in Australia.
• ESG Pitfalls: Receive expert tips to address greenwashing, bluewashing, and other ESG risks.
• Leadership in Compliance: Identify opportunities for legal teams to proactively shape ESG strategies, ensuring compliance while adding strategic value.

Go beyond compliance to unlock the true potential of ESG for your in-house legal team and business! 

Why Attend?

• This lunchtime-friendly session offers not just 1-CPD point, but practical takeaways. After watching, viewers will:
• Understand the drivers of ESG, challenges for implementing and opportunities for creating competitive advantage
• Increase knowledge of regulatory environment governing ESG
• Increase awareness of looming changes for ESG in Australia, including mandatory reporting
• Leverage learnings from Movember’s ESG journey, including aligning with organisational purpose; and ESG decision making frameworks
• Identify opportunities for legal to take a leadership role in delivering ESG outcomes
• Obtain practical tips for avoiding ESG pitfalls

Baker McKenzie, with ACC Australia, are hosting a webinar on whistleblowing complaints brought against the board, senior managers, in-house counsel or HR.

Georgie Farrant and Bianca Dearing will provide a refresher on the legislative requirements for dealing with whistleblowing complaints within a company, including the confidentiality requirements.

They will also consider the complexities that can arise when the complaints are in relation to people who might ordinarily be involved in investigating the complaint, or deciding what should happen as a result of the compliant.

Case studies will be used to discuss some solutions to minimise the risks of civil or criminal liability under the whistleblowing laws and employment legislation.

“Wage theft” is a polarising topic that has entered the popular discourse. On the one hand, unions vehemently defend their members’ right to be paid according to award minimums – they claim that in some industries it’s part of the business model, and it must be stopped. On the other hand, business groups claim that awards are complex and that where underpayments occur it is more often than not because of inadvertent, innocent mistake. 

This seminar will explore how we have got here, canvas the upcoming changes being brought in by the Closing Loopholes Act, and set out some practical, proactive steps to improve governance frameworks, and ensure wage compliance in this ever tightening industrial compliance and enforcement landscape.

Our team will cover:

• The difference between wage theft and other underpayments
• “Safe Harbour” from wage theft prosecution for making self-disclosures to the Fair Work Ombudsman
• What a wage compliance investigation looks like, including discussing legal professional privilege, and developing legal interpretations of awards and enterprise agreements
• Set out the “3 Pillars” of wage compliance good governance

This session will be relevant for in house legal counsel, risk and compliance officers, and executive board members.

Piper Alderman’s ‘Beat the Clock’ offers you the opportunity to secure 4 CPD points in 4 hours. Our complimentary national program covers all three mandatory areas of law as well as one substantive law topic.

Simply attend one session or attend them all – it’s your choice!

CLE DInner at Perry's Steakhouse in Park Meadows

ARE WE COVERED?
A Primer on Commercial Insurance for Corporate Counsel and Risk Managers

Thursday, January 18th
5:30pm to 8:00pm
Perry's Steakhouse | 8433 Park Meadows Center Drive, Lone Tree

AGENDA
5:30pm: Registration & Networking
6:00pm: Dinner
7:00pm: CLE Session

Registration fee:
ACC Members: $30 | Non-members: $50
One (1) CLE Credit Pending
CLICK HERE TO REGISTER

Join Linda Knight and Will Brophy of Spencer Fane for networking, dinner, and discussion of the fundamentals of commercial insurance. Attendees will learn:

• About the different types of business insurance policies
• When and how to file a claim
• Compliance with policy conditions such as notice, cooperation, and consent to settle
• Common exclusions and limitations of coverage
• The distinction between defense and indemnity, reservation of rights, control of the defense
•  Recent trends in insurance recovery

SPEAKERS:

Linda Knight, Partner, Spencer Fane

William Brophy, Associate, Spencer Fane

PARKING:

Ample Complimentary Parking Available in Park Meadows Mall Lots

Balancing business requirements and unintended employment law risks.

We invite you to our final webinar on Tuesday 5 December on Commercial Contracts: Avoiding Employment Law Risks when Contracting with Third Parties.

Independent contractor agreements and services agreements raise a number of employment related matters. Balancing these issues with the desire to maintain discretion over requirements to be met by individuals who are providing the services needs to be carefully addressed. Avoiding the creation of unintended employer liability is a risk that businesses need to consider when looking to engage individuals under different, often short-term, arrangements.

Partner Lucienne Gleeson and Special Counsel Jarrod Bayliss-McCulloch, will take a look at scenarios for independent contractor and services contracts where the companies seeking these services may need to rethink the discretions they seek. This session will examine:

• terms customers seek to include in independent contractor and services contracts raising an employer liability risk;
• contract drafting tips drawing on recent cases on independent contractors;
• allocation of work health and safety responsibility in contracts in light of joint legislative responsibility; and
• employer liability considerations for a business under outsourced off-shore arrangements.

Competitors interact in many ways, including through strategic alliances, joint ventures, M&A processes and industry associations. Even where these dealings are pro-competitive, they may require careful management to navigate potential significant competition law risks.

This session, hosted by Gilbert + Tobin’s market leading Competition + Regulation team in conjunction with ACC Australia, will provide in-house counsel with tips to manage competition risk, and avoid cartel or other anti-competitive conduct. It will explore: 

• information sharing and concerted practices risks, including ‘gun jumping’ risk in the context of M&A activities;
• how to structure and manage joint venture arrangements;
• consortium bidding;
• risks associated with multiple supply channels where customers may also be competitors; and
• how to safely engage in industry associations.

Cyber-crime is a rapidly growing and evolving issue for businesses large and small. Cyber criminals are becoming increasingly daring and their methods are increasingly sophisticated. From small scale "phishing" to handling major data breaches, commercial organisations and their lawyers need to keep up with developments in this rapidly changing area in order to manage the risk that it presents. That risk includes the potential for legal liability to those whose private information they hold such as customers, as well as to shareholders and others who can be affected by an attack on their organisation. This session will examine the potential liability that commercial organisations may be exposed to in the aftermath of an attack as well as potential responses to a major data breach. It will also examine the expectations of regulators, Courts and insurers as to ways in which cyber risk might be managed.