Advocacy
News
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.
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.
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.
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.,:
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.
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.
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.
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 Broadcom v. Qualcomm – 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.
ACC’s Corporate & Securities Law Committee Sends Comments to RiskMetrics re: Draft 2009 Governance Policies
Oct 31, 2008
RiskMetrics Group, Inc. (RMG), one of the leading providers of corporate governance services, prepared draft governance policies which reflect changes under consideration for 2009.
SoCal Chapter Urges Review of California Appeals Court Decision re: Dual Representation
Oct 30, 2008
The Southern California Chapter of the ACC, in a letter to the Supreme Court of California, supports a petition for review of the Second District Court of Appeal’s decision in Gong v. RFG Oil, Inc., et al. , No. S166323.
NY Court of Appeals Affirms Ruling on Privilege In Tyco Exec Case
Oct 16, 2008
ACC filed an amicus brief in NY v. Kozlowski and Schwartz, opposing an attempt by former Tyco executives to obtain attorney work product by overturning the lower court ruling
SEC Releases New Guidance Manual Reflecting Increased Protections of Privilege
Oct 7, 2008
In yet another positive development in the fight to protect privilege in corporate investigations, the SEC posted on its website a new Enforcement Manual for guidance to investigatory staff.
President Signs Bill Curbing Inadvertent Waiver of Privilege
Sep 19, 2008
President Bush signed into law S.2450, amending the (FRE 502) with respect to the disclosures covered by the attorney-client privilege and work product protection.
Department of Justice Retracts McNulty Memo Privilege Waiver Guidelines
Aug 28, 2008
The DOJ released new corporate prosecution guidelines which parallel requirements demanded in the Attorney-Client Privilege Protection Act, which ACC has actively championed.
ACC Files Comments on New FAS 5 Proposals (Financial Disclosure Requirements)
Aug 8, 2008
ACC files addendum to its July 25, 2008 comments with the Financial Accounting Standards Board (FASB) protesting proposed changes to the FAS 5 financial loss contingency disclosure rules.