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ACC and ACC Chicago File Amicus in Illinois Supreme Court Over Privilege Waiver Issue

Jan 26, 2012
ACC argues decision in Illinois appellate court incorrectly expands the subject matter waiver doctrine.

ACC Comments To Hawaii Supreme Court on Proposed MJP Rules for In-House Counsel

Nov 2, 2011
While supporting the majority of proposed rules on practice, ACC makes recommendations on in-house counsel practice before tribunals and expanding on pro bono services they can deliver.

ACC & Iowa Chapter Comment on Proposed Registration Rules for In-House Counsel

Oct 14, 2011
Asked to comment by the Iowa Supreme Court, ACC and its Iowa Chapter requested a few revisions to proposed registration rule reforms affecting in-house attorneys with out of state licenses.

ACC & Employment and Labor Law Committee Comments on LMRDA “Advice” Exemption

Sep 27, 2011
In a submission to the U.S. Department of Labor, ACC and its committee argues a proposed reinterpretation of the LMRDA’s “Advice” exemption undermines attorney-client privilege.

ACC Files Amicus in Wells Fargo v. US to Protect Work Product Doctrine

Jul 8, 2011
ACC argues in Minnesota U.S. District Court that an IRS summons for workpapers threatens the work product privilege.

ACC Amicus Brief in Friedman v. Sebelius Opposes HHS Secretary’s Application of Exclusion to In-House Counsel

Jun 30, 2011
ACC argues the HHS Secretary overstepped in excluding in-house counsel for corporate client misdeeds.

ACC Disagrees with SEC Final Rule on Dodd-Frank Whistleblower Provisions

May 25, 2011
ACC voices its strong disagreement with SEC Final Rule on Dodd-Frank Whistleblower Provisions.

ACC Files Comments with House Financial Services Committee re: Dodd-Frank Whistleblower Provisions

May 11, 2011
ACC supports draft legislation that would require employees to report internally, subject to limited exceptions.

ACC Amicus Cited in PA Supreme Court Opinion, Privilege Protected

Feb 24, 2011
The Supreme Court of Pennsylvania reverses and remands a January 4, 2008 Superior Court decision which severely constricted the attorney client privilege in Pennsylvania.

ACC Files Two Comment Letters with SEC re: Dodd-Frank Whistleblower Regs Proposal

Dec 17, 2010
ACC files additional comments two days after 270 CLOs and Compliance Officers joined in its first comments to the Securites and Exchange Commission regarding proposed regulations.

FASB Delays Issuing Changes to FAS 5

Oct 28, 2010
FASB has announced a reprieve from the December 15, 2010 effective date of the board's proposed FAS 5 revisions. An effective date will be decided at a future meeting, after redeliberations.

ACC Files Addendum to FASB Comments on Proposals for Loss Contingencies Reporting, to Reflect 40 Additional Signatories

Sep 20, 2010
Over 150 signatories now joining ACC’s comments to the Financial Accounting Standards Board protesting proposed changes to financial loss contingency disclosure rules.

AKZO Decision in EU Court of Justice Restricts Legal Professional Privilege

Sep 14, 2010
Court indicates in-house independence is insufficient for privilege in competition law matters. ACC calls the decision “an antiquated view of in-house practice” in a press release.

Curbing Those Long, Lucrative Hours

Jul 22, 2010
Susan Hackett comments on the increase in demand for value-based billing within in-house legal departments.

ACC Statement - Impact of Supreme Court Ruling On Sarbox in Free Enterprise v. PCAOB

Jun 29, 2010
The Supreme Court decided they did not need to invalidate the Sarbanes-Oxley Act over a flaw in a small provision due to a lack of a severability clause.

Supreme Court Denies Cert. in Textron – Weakens Work Product Doctrine

May 24, 2010
First Circuit ruling, that tax-related documents prepared by in-house are not entitled to protection, will stand.

Advocate General of EU Court of Justice Issues Opinion Against In-house Privilege in AKZO

Apr 29, 2010
AKZO opinion denies legal privilege protections (LPP)/confidentiality to clients of EU in-house counsel, as well as clients of any lawyer not recognized in an EU jurisdiction

Opinion in Refco Appeal Affirms Dismissal of Liability Claims Against Mayer Brown

Apr 28, 2010
The 2nd Circuit rejects SEC arguments for a heightened standard of “creator liability” in its April 27 opinion in Pacific Management Co. v. Mayer Brown LLP

ACC Defends Attorney Client Privilege in Amicus to PA Supreme Court

Apr 27, 2010
In Gillard v. AIG, ACC urges the Supreme Court of Pennsylvania to reverse a Superior Court decision that severely constricts the attorney client privilege.

ACC Overview on USSC Final Comments on Sentencing Guidelines Proposals

Apr 9, 2010
ACC’s Susan Hackett has prepared an overview of the final comments by the U.S. Sentencing Commission on Chapter 8 Corporate Sentencing Guidelines proposals, and how they might affect companies.

ACC Weighs In With Concerns Over USSC Sentencing Guidelines Proposals

Mar 26, 2010
At a hearing before the U.S. Sentencing Commission and in filed comments ACC registered concerns with proposed guidelines related to corporate compliance.

ACC Files Amicus in Textron v. US to Protect Work Product Doctrine

Jan 27, 2010
ACC filed amicus with the Supreme Court in Textron arguing that the 1st Circuit ruling would have a chilling effect on advice given by in-house counsel to their clients.

ACC Corporate and Securities Committee Opposes Proposed SEC Rules on Director Nominations

Jan 25, 2010
ACC’s CSL Committee filed supplemental comments with the SEC opposing Proposed Rules “Facilitating Shareholder Director Nominations”.

Unanimous Supreme Court Opinion a Setback for In-House Attorney Client Privilege

Dec 10, 2009
A unanimous U.S. Supreme Court decision in Mohawk Industries v. Carpenter limits a corporation’s right to immediately appeal a pretrial order.

Employment and Labor Law Committee Comments on ADA Amendment Proposal

Nov 24, 2009
The ACC Committee seeks more clarity and guidance in proposed regulations to the Americans with Disabilities Act Amendments Act of 2008.

In Comments to SEC, ACC Committee Supports Improvements to Notice and Access Process

Nov 24, 2009
ACC Corporate & Securities Law Committee recommends improvements to proposed SEC Rule to increase use of the internet to deliver proxy materials, in comments filed Nov. 20.

Tennessee Supreme Court Adopts Multijurisdictional Practice Rules

Oct 29, 2009
The Supreme Court of Tennessee adopted ABA Model Rules 5.5 and 8.5, governing the multijurisdictional practice of law (MJP)

ACC Amicus Brief in Refco Appeal Opposes Liability Theory’s Threat to Transactional/Securities Lawyers

Sep 17, 2009
ACC argues the “creator” liability standard advocated by the SEC creates dire consequences to legal guidance and the nation’s marketplace in an amicus brief filed in the Second Circuit

Nonprofit Organizations Committee Supports Proposed Law De-Listing Cell Phones as Compensation

Sep 16, 2009
In a letter to the Finance and Ways and Means Committees, the ACC Committee supports law removing cell phones from the definition of "listed property" under IRS rules.

Corporate and Securities Committee Comments On SEC’s Proposed Proxy Disclosure/Solicitation Rules

Sep 16, 2009
ACC’s CSL Committee filed comments with the SEC regarding additional disclosure requirements proposed for proxy statements.

ACCE Registers Support of Proposed Swiss In-House Counsel Statute

Aug 20, 2009
ACCE submitted a position paper to Switzerland's Federal Department of Justice supporting the draft of a statute on in-house counsel privilege and supervision.

Corporate and Securities Committee Cites Issues with Proposed SEC Rules

Aug 20, 2009
ACC’s CSL Committee filed comments with the SEC opposing federally mandated proxy access rules as proposed.

ACC Decries Textron Decision

Aug 17, 2009
ACC emphasizes the negative ramifications for corporate clients in its response to the August 13, 2009 U.S. v Textron decision.

Illinois Adopts Multijurisdictional Practice Rules

Jul 1, 2009
The Illinois Supreme Court adopted, without changes, ABA Model Rules 5.5 and 8.5, which govern the multijurisdictional practice of law (MJP)

9th Circuit Amends US v. SDI Opinion, Remedies ACC 4th Amendment Concerns

Jun 3, 2009
The 9th circuit amends opinion and eliminates reliance on "family run" business exception which would have negatively affected 4th Amendment rights.

ACC Joins Coalition Letter To Congress Opposing Proposed Litigation Act

Apr 24, 2009
The Sunshine in Litigation Act of 2009 forces premature discovery decisions and restricts judicial discretion to protect confidentiality.

ACC Files Amicus in US v. Textron to Protect Work Product

Apr 22, 2009
ACC filed amicus in First Circuit Court of Appeals case supporting attorney work product privilege.

The Reckoning

Apr 1, 2009
Michael Roster writes that the economic crisis can bring positive changes to the relationship between attorneys and corporate clients.

New Standards For NY Lawyers Alter Conflict Waivers, Disclosures

Apr 1, 2009
The new ethics code, effective April 1, also adopts the numbering and
titling of the ABA Model Rules of Profession Conduct

ACC And 135 CLOs Statement Protesting Amendments to FAS 5

Mar 6, 2009
ACC And 135 CLOs statement protesting amendments to FAS 5 under consideration by FASB at their March 6 hearing

ACC Files Amicus in Ninth Circuit to Protect Fourth Amendment

Mar 3, 2009
9th Circuit decision seriously impacts the ability of in-house counsels to advise their officers on their rights in challenging government searches of corporate offices.

ABA Passes Screening Rule, With ACC Support

Feb 17, 2009
The ABA passed amendments to allow screening of a lawyer changing law firms, without the consent of an incoming attorney’s former client.

Holder Should Support Executive Order On Attorney-Client Privilege

Jan 14, 2009
The Coalition to Preserve the Attorney-Client Privilege issued the following statement on the Senate Judiciary Committee confirmation proceedings on the nomination of Eric H. Holder Jr.,:

Double-Edged Rules

Jan 1, 2009
The Financial Accounting Standards Board probably expected some flak when it announced in June its intent to broaden required disclosures on the potential costs of corporate litigation.

Reporting Rights

Jan 1, 2009
The Financial Accounting Standards Board’s (FASB) recent decision to extend to Dec. 31, 2009, the proposed effective date of a new expanded standard for reporting loss contingencies may be a mixed blessing for general counsel and the defense bar.

Craig's Corner For Counsel: Westlaw China

Jan 1, 2009
Nearly every day, the importance of the People's Republic of China to the health of the world economy is mentioned in the mainstream and online media.

ACC Survey: Managing Outside Counsel

Dec 31, 2008
Over the past eight years, more in-house counsel have required specific terms of retention that govern what they expect from their outside counsel, according to the results of the 2008 ACC/Serengeti Managing Outside Counsel Survey...

California Appellate Court Rules Privilege Not Waived in Coercive Federal Investigation

Dec 12, 2008
The 4th District Court of Appeals for California ruled that the trial court correctly held that defendants’ cooperation with federal agencies did not waive attorney-client and work product privileges.

Conn.-based Firm to Freeze Billing Rates for Existing Clients Through 2009

Dec 8, 2008
Pepe & Hazard announced a billing rate freeze throughout 2009 for existing clients.

ACC Files Amicus Brief in <u>Broadcom v. Qualcomm</u> – Urges Federal Circuit to Consider Privilege Concerns on Adverse Inference

Nov 21, 2008
ACC argues that a jury instruction to consider an absence of an opinion of counsel “attach[es] an adverse inference that cautionary instructions cannot cure” in an amicus brief filed in the Federal Circuit by ACC’s Intellectual Property Committee.

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