Dear ACC Northeast Chapter Members and Friends,

As my term as President of the ACC Northeast Chapter comes to a close, I’m filled with gratitude for the opportunity to serve such a dynamic and engaged community. Over the past two years, we’ve made tremendous strides in strengthening our chapter, deepening member connections, and expanding our reach.  Our board and committee volunteers work tirelessly to serve our members, and here are a few key milestones of which I am most proud.

Membership Milestone: A Community on the Rise

We began 2024 with 1,442 members, and by early June 2025, our chapter had grown to 1,624 members—a 12.62% increase in just 18 months. This growth is more than a number; it’s a reflection of the value our chapter provides and the trust members place in us to support your professional journey. Each new member adds to the richness of our community, bringing fresh perspectives and new energy.

The Power of Connection: Local Lunch Meet-Ups & RandomCoffee

Two initiatives that have truly transformed how we connect are our Local Lunch Meet-Ups and RandomCoffee virtual networking.

Local Lunch Meet-Ups offer small-group gatherings hosted by board members across Massachusetts, Rhode Island, New Hampshire, and Maine. These informal lunches provide a relaxed setting for members to share experiences, exchange ideas, and build relationships. By meeting members where they are—geographically and professionally—we’ve created space for authentic connection and collaboration.

RandomCoffee is our innovative virtual networking platform that randomly pairs members for one-on-one conversations. Whether you're seeking mentorship, exploring new practice areas, or simply looking to expand your network, RandomCoffee has become a powerful tool for fostering meaningful professional relationships. It’s a simple yet impactful way to break down silos and build bridges across our diverse membership.

These programs reflect our commitment to accessibility, inclusivity, and member-driven engagement. They’ve helped us move beyond traditional networking models and create opportunities for deeper, more personalized connections.

Strategic Programming: AI Summit & Half-Day Events

In June, we hosted “Unlocking the Algorithm,” a half-day summit focused on the evolving role of artificial intelligence in corporate legal departments. This program tackled the current AI landscape, adoption risks, and response strategies when things go wrong. The event featured interactive sessions and networking opportunities that brought members together to learn, share, and grow.

This summit was more than a single event—it marked a strategic shift toward offering more half-day programming that delivers deeper value to our members. These extended formats allow us to explore complex topics in greater depth, foster stronger peer connections, and provide actionable insights that members can take back to their organizations.

Leadership & Inclusivity: Open Board Nomination Process

This spring, we launched our first-ever open application process for board and committee roles. This initiative was a major step forward in our commitment to transparency and inclusivity. By opening the door to all interested members, we’ve broadened our reach and welcomed incredible legal leaders into our governance structure.

This process has helped us identify new talent, broaden our leadership, and ensure that our board reflects the full spectrum of experience and perspectives within our membership. It’s a model we’re proud of—and one we’ll continue to build upon.

I’m thrilled to welcome our newly elected board members who emerged from this process: Megan Beauregard, Nicole Riley, and Rashima Shukla. This group brings a wealth of experience and fresh perspectives to their new roles. Their commitment to advancing our mission will be invaluable as we continue to support our members and enhance our programming. We look forward to their contributions and encourage everyone to connect with them at our upcoming events.

Gratitude for Transformative Leadership

I want to extend my deepest thanks to our Board of Directors, whose dedication and vision have been instrumental in our success. A special thank you goes to our outgoing board members, Stephanie Lambert, our Immediate Past President, and Sharon Kamowitz, former leader of our Practice and Career Management Committee. Their leadership, creativity, and commitment to our members have left a lasting impact on our chapter.

I also want to express my sincere appreciation to our Executive Director, Julie Duffy. Julie’s tireless work behind the scenes, her dedication to driving progress, and her unwavering support have been essential to everything we’ve accomplished. Her contributions are the backbone of our chapter’s success.

Looking Ahead

As I reflect on our journey, I am convinced that we have the right strategy, the right people, and the right energy to lead us into the future. I’m confident that ACC Northeast will continue to thrive and evolve to meet the needs of our members.

Thank you for your trust, your engagement, and your contributions to this remarkable community. It has been an honor to serve as your Chapter President. I look forward to staying connected and continuing to support the ACC Northeast Chapter in new ways.

Warm regards,
James Coughlin
President, ACC Northeast Chapter

Sharon Kamowitz, Principal, Sharon Kamowitz Privacy & Compliance Consulting

For this edition of the ACC-Northeast newsletter, I had the privilege of speaking with Sharon Kamowitz, Principal at Sharon Kamowitz Privacy & Compliance Consulting. Sharon is also the chair of the Perennial Initiative and brings a wealth of experience from both public and private sectors.

Sharon, can you tell us a bit about your professional background and how your career has evolved over time?

I started out in private practice, focused on employment and business law in Madison, Wisconsin, where I went to law school.  After two years, I moved to Norfolk, Virginia, with my husband and our young son for my husband’s job.  I wanted to work part time but found it difficult to find a position that offered flexibility, so I began doing freelance research and brief writing in the employment space.  Later, we moved to Boston, where I continued freelancing while caring for my husband, who had leukemia.  After he passed away, I became Sr. Hearing Examiner and General Counsel of the Rent Control Board in Brookline, Massachusetts, and then spent seven years as a Hearing Officer for the Massachusetts Division of Insurance.  I then went in-house at a medical professional liability insurance company, Coverys, where I built a compliance and privacy program from the ground up and provided general in-house counsel advice.  After a leadership change, I transitioned to a privacy role at Fresenius Medical Care, and now I run my own consulting practice, providing in-house style privacy and compliance services to healthcare, healthcare-related, and other organizations.

You’ve had a rich and varied legal career—can you share a pivotal moment that shaped your path as in-house counsel?

When my first husband died, I became a single parent.  If that hadn’t happened, I may well have stayed in private practice focused on employment law.  But I needed a position with flexibility as my son was in kindergarten.  After I remarried and became a step-mother to two daughters, I continued to put family first and chose to avoid roles where I would be working late hours and weekends.

What advice would you give to your younger self just starting out in the legal profession?

I would tell myself to have more confidence and to trust my instincts.  Early in my career, I spent a lot of time second-guessing decisions.  Over time, I’ve learned that my perspective and judgment are valuable and that no-one has all the answers.

How has your perspective on leadership evolved over the course of your career?

I’ve learned that good supervisors and leaders are those that support and promote their team members.  Also, treat your support staff well – they are the backbone of the organization.

How did the ACC Perennial Committee get started?

The idea of career management has always interested me, and I chaired the Practice and Career Management Committee for several years.  I’ve noticed that now, a lot of older in-house lawyers are either in non-traditional roles, or simply aren’t as active in ACC.  I wanted to do something to get these people more involved, especially post-pandemic, after everyone got used to staying at home.  This led to the birth of the Perennial Initiative, with the goal of keeping people engaged in the ACC later in their career.

Thanks Sharon for your time!  If you are interested in learning more about the Perennial Initiative or ACC in general, please email juliesduffy@gmail.com.

Reflecting on Unlocking the Algorithm: AI from the In-House Counsel’s Desk (June 6, 2025)
by Alex Aferiat
Director & Senior Managing Legal Counsel, Boston Consulting Group
Vice President, ACC Northeast

On a Friday morning in early June, I attended Unlocking the Algorithm: AI from the In-House Counsel’s Desk at Microsoft’s offices in Burlington. This half-day summit, organized by ACC Northeast, was a detailed deep dive into the world of AI, where cutting-edge technology meets legal complexity. As someone who navigates the intersection of software, AI, and technology agreements in my day job, I found this packed-house event to contain the ideal balance of pragmatism, ethics, and plenty of risks to keep things interesting.

After a networking breakfast sponsored by Exterro, the first session, “AI Today – Transforming the Law Department,” was a fantastic way to kick off the substance of the event. The session sponsor, Ankura, and their guest speakers explored how businesses are using AI to streamline legal operations, from speeding up contract reviews to increasing efficiency. The session didn’t sugarcoat it: while AI promises innovation, legal professionals need a new set of skills to manage its ethical and operational challenges. In short, AI’s potential is huge, but so are the legal headaches it can bring.

Next, “Integrating AI – Risks, Rights, and Red Flags,” sponsored by Dentons, explored the dangers lurking in the process of integrating AI into the workplace. It wasn’t all doom and gloom, though—the session offered practical insights on protecting intellectual property, setting up internal controls, negotiating agreements, and avoiding the common red flags that often accompany new tech. The speakers did a phenomenal job of presenting the content as a practical survival guide for AI adoption to ensure that AI doesn’t cause more problems than it solves.

The final session, “When AI Goes Wrong – Cleanup and Litigation,” sponsored by Hinkley Allen, was the cautionary tale we all needed. What happens when AI makes a costly mistake, from regulatory headaches to full-blown litigation? The speakers shared thoughtful suggestions on how to mitigate damage, from tackling bias to managing lawsuits, weaving in experiences from their own industries and practice areas. It was a reminder that while AI can be a powerful tool, it’s not immune to going rogue.

The networking lunch, sponsored by Beacon Hill Legal, wrapped up the day with some much-needed opportunities to swap stories with fellow in-house counsel. It was great to connect with peers and share insights on how AI is transforming our respective industries.

Unlocking the Algorithm wasn’t just an opportunity connect with other ACC Northeast members and learn about AI—it was a crash course in managing the inevitable legal complexities that come with it. The standing-room-only audience was a clear indicator of just how top-of-mind this topic remains for in-house practitioners. As the ACC Northeast Chapter looks toward next year, I’m confident that the half-day AI summit will be a must-attend for anyone looking to stay ahead of the AI curve while avoiding the hidden traps along the way.

SummerFest 2025 was a blast!  It took place on one of the hottest evenings in July but luckily the Legals Harborside had both an air-conditioned section and an outdoor balcony so we could enjoy both comforts on a summer evening.  The food was amazing, only topped by the warmth and congeniality of those that gathered to network.  We had over 100 attendees this year!

You’ve seen the LinkedIn posts—the ones that lead with “Do more with less” and offer familiar advice like “automate the repetitive.”  So, let’s assume you manage to carve out 30 minutes to do just that - only to find yourself steeped in decision fatigue and asking: Where can I find reliable guidance?

Meet Contract Codex & Bon Terms

Contract Codex
Launched in late 2024, Contract Codex is a community-driven free legal resource that defines itself as a “contract cookbook.”  It currently focuses on NDAs and general commercial agreements—and continues to evolve. 

Bon Terms
Introduced to me by my boss, Bon Terms offers balanced foundational agreements for common deal types.  Its strength lies in fairness and clarity—helping parties reach signature without unnecessary friction.

How I Use Them

Both are valuable reference points:

• Benchmarking your NDA or standard SaaS terms?  Check Bon Terms.
• Drafting a new clause and want to avoid starting from scratch?  Try Contract Codex.
• Dead tired and need some example language?  Try both.

For the AI-Inclined

If you use ChatGPT or another LLM, try this:

Ask GPT to roleplay as a potential customer and review your terms.  Then ask GPT to evaluate the fairness and clarity of your language when compared against Bon Terms.  The insights can be surprisingly useful—even when you disagree.

Similar Commercial Tools:

• Westlaw Practical Law (templates)

Habitat for Humanity – Operation Playhouse

Imagine you’re a kid again.  It’s lovely a summer day and you are outside (no phones!).  You’ve played on the swing set, you went to the pool, and you pranked your neighbor.  And yet the only piece missing is playhouse.  One big enough where you and your friends could play, but no adults are allowed, naturally.

Through Metrowest Habitat for Humanity’s Operation Playhouse, you and handful of friends or co-workers have a chance to build a playhouse for the child of a veteran in one day.  This fantastic opportunity is available from April to October.

I’ve had a chance to participate in this event twice through my employer.  We raised money to build the playhouse, which covers the costs of a Habitat for Humanity volunteer to oversee the build and all the relevant supplies (paint, plywood, tools, shingles [it’s a real roof], etc.).  We spent a beautiful day painting the playhouse, and putting it all together all in the parking lot adjacent to the building we work in.  We also turned it into a fun tail-gating style event.

As a team, we had so much fun building the playhouse for the veterans’ kids.  The kids (or maybe their parents) have a chance to select one of several themes such as ice cream stand, log cabin, firehouse, barnyard, castle and more.  You can also add to the playhouse by bringing your own decorations such as stickers, toys, and anything that meets the theme, like window drapes and personalized mini chalkboards.

The best part of this full-day event is at the end as we present the veteran and their family with the playhouse that they can take home that day! (don’t worry, the veteran knows in advance to prepare to take the playhouse home).  We have a chance to thank the veteran for their sacrifices, for their work, and for everything they do for us.  And then we watch as the kids realize the playhouse is for them.!  Some kids are in disbelief, slowly exploring the house with bashful joy, and others who are jumping up and down with joy and screaming with the excitement.

If you, your friends, or coworkers are interested in a participating or volunteering, you can check out Operation Playhouse website for more information.  If you want to know more about this fantastic experience, please feel free to contact me, Victoria Fernandez, at victfern@cisco.com.

This year, ACC Northeast launched a Book Club!  Meeting virtually via Zoom, the club provides a welcoming space to connect, share perspectives, and unwind with thought-provoking reads.  So far, members have enjoyed three engaging titles, sparking lively conversations ranging from character analysis to imagining the perfect movie cast.  Book selections are chosen through member suggestions and voting, ensuring interest in our next books.  If you’d like to join, our next meeting will be on August 20th to discuss The Wedding People by Alison Espach. We’ll also begin collecting suggestions for our final book of the year. For more information, please contact Julie Duffy at juliesduffy@gmail.com or Janelle Peiczarka at janelle.peiczarka@toasttab.com. 

The Situation Room – by George Stephanopoulos with Lisa Dickey
Reviewed by Rebecca J. Liubakka, Windmill International, Inc.

My confession is that I could not finish Barack Obama’s post-presidency memoir.  Something about the immediate retelling of news I remembered made it hard for me to make my way through.  I was resigned to wait at least 20 years before I could spend time contemplating the modern presidency as I had with Doris Kearns Goodwin and David McCullough.  #JohnAdams #Swoon

And then, came this book.  Stephanopoulos and Dickey take a very direct slice of the presidency, and we watch it develop overtime through each Presidential term.  What a perspective!  Created under President Kennedy, the Situation Room has been in use for six decades.  This space, often the epicenter of a President’s crisis management efforts, has been managed by an extraordinary team working the line between regulations and never considered circumstances.  

Those of us who work to predict and protect organizations from future crisis will appreciate the impact leadership, technology, and culture have on all of our lives because of decisions made in this one space of the White House.  And, while we might get mired down with details in our day jobs, this book is light and pleasant.  You get to know each administration, and then four years are up!  

This is a great study of one part of the presidency, and how each man reacted to the challenge.  Sweat, alcohol, paper, radios, uniforms, and so many types of patriotism – this book has it all!

Now, pretend I wrote this in Morse Code.  Or better yet…  ChaCha20.

Back for the second consecutive Summer, ACC Board Members hosted local lunches throughout the New England area.  This gave members the opportunity to meet other members that live close by and to network in more intimate settings.  Obviously, by viewing the pictures, you will see that everyone enjoyed themselves!

Dear ACC Northeast Members,

As summer heats up, so does our programming and community engagement! We’re thrilled to share some exciting updates and opportunities designed to empower, connect, and elevate our in-house counsel community.

Global Recognition: ACC Northeast Named Silver Chapter of Distinction

We’re thrilled to announce that ACC Global Headquarters has recognized ACC Northeast as a Silver Chapter of Distinction! This prestigious honor celebrates the incredible work our chapter has done over the past year to:

• Build a strong and inclusive in-house counsel community
• Adopt and implement ACC’s best practices for chapters
• Deliver innovative, high-impact programming
• Engage a diverse and dynamic group of legal professionals across our region

This recognition is a testament to the dedication of our volunteers, board members, and all of you—our engaged and passionate members. Thank you for helping us make ACC Northeast a standout chapter!

Featured In-Person Program in June:

AI is revolutionizing the corporate world—and legal departments are at the forefront of navigating its complexities. On June 6, 2025, we held "Unlocking the Algorithm," a half-day summit crafted specifically for in-house counsel. This program explored:

• The Current AI Landscape – What’s here and what’s coming.
• Risks of Adoption – Legal, ethical, and operational challenges.
• When Things Go Wrong – How to respond when AI misfires.

The day included three interactive sessions, in addition to a networking breakfast and wrapping up with a networking lunch—perfect for connecting with peers and sharing insights.

Open Application Process for Board & Committee Roles Completed

This spring, we proudly launched our first-ever open application process for nominations to our Board of Directors and committee positions. This initiative marked a significant step forward in our commitment to transparency and inclusivity in leadership recruitment.

We invited all current ACC Northeast members who are passionate about the future of in-house legal practice to apply—and the response was inspiring. This process also helped us identify and recruit new talent for various open committee roles.

We couldn’t be prouder of our organization and our board for embracing this milestone. Thank you to everyone who applied and supported this important evolution in how we build our leadership team.  The nomination process will culminate in an election in September when we welcome our new board members. 

Summerfest 2025

Get ready to soak up the sun and celebrate summer with your fellow ACC Northeast members at Summerfest 2025! Join us on July 16, 2025, on the stunning rooftop deck at Legal Sea Foods Harborside in Boston’s vibrant Seaport District for an evening of great food, refreshing drinks, and unbeatable views.

This is one of our most anticipated social events of the year—a perfect chance to unwind, reconnect, and make new connections in a relaxed, festive atmosphere. 

Upcoming Events and Opportunities

This summer, we have an exciting lineup of events designed to enhance your skills and expand your network.  Don’t miss the fantastic opportunities our event lineup presents to connect with peers and gain valuable knowledge that can be applied in your practice.

Stay Connected

We value your membership and encourage you to stay engaged with the ACC Northeast Chapter. Follow us on LinkedIn for the latest news and updates. If you have any suggestions or would like to get more involved, please don't hesitate to reach out.

Warm regards,

James Coughlin
President, ACC Northeast Chapter

ACC Northeast Member Spotlight: Nicole Riley, Senior Counsel, GE Aerospace

For this edition of the ACC Northeast newsletter, I had the pleasure of speaking with Nicole Riley, Senior Counsel at GE Aerospace. Nicole is part of a small but growing group of ACC members based in Vermont and brings a unique perspective to our in-house legal community. 

Nicole, thank you for taking the time to speak with me today. What brought you to Vermont?

I’m originally from Maine but moved to Boston for college and law school. I ended up spending nearly two decades in the Greater Boston area, first practicing at a small, four-person law firm and then spending almost ten years at Goodwin Procter LLP. 

In 2019, my husband and I purchased land in Stowe, Vermont, with the idea of eventually building a vacation home. But once the pandemic hit and remote work became the norm, we began to imagine a different future. Goodwin was supportive of the move, so we took the leap – leaving the city with our 18-month-old daughter to build and settle into our dream house in Vermont. 

My daughter is now six years old, and we also have a three-year-old son and a two year old dog who thinks she is still a puppy. Life in Vermont has been a wonderful fit – it offers the space and access to nature to allow our young family to thrive and enjoy outdoor adventures in every season!

When did you decide to go in-house?

About a year and a half ago, I made the move from private practice to in-house, joining GE Aerospace, which is headquartered in Cincinnati. I continue to work remotely from Vermont, which has been a great fit for my family and me. 

When I saw the position at GE Aerospace posted online, I had a strong feeling it was the right opportunity. I reached out to an attorney Facebook group I’m part of to see if anyone had a connection at GE, and sure enough, someone did. That connection helped me get my resume in front of the recruiter – and the rest is history. I’m a big believer in the power of personal connections and networking. 

That’s a great segue into ACC. What made you decide to join?

As a new in-house attorney, I was looking for resources and education to help me transition into my role. I also wanted to connect with others in the in-house legal community. That’s a bit more challenging in a state like Vermont, where members are geographically spread out, but I’ve really enjoyed getting to know some of my fellow Vermont-based members through our monthly Zoom calls. 

I’m looking forward to attending more ACC events, both in Vermont and out of state. I really appreciate the efforts the Chapter is making to coordinate more events outside of the Greater Boston area. It’s a great way to make the organization feel more inclusive and accessible to members like me.

We are looking for more member involvement in Vermont! If you would like to be added to the Vermont member calls, please contact Julie Duffy at juliesduffy@gmail.com.

On Friday, March 28, the ACC’s Northeast Chapter and Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. (aka Mintz) co-hosted the Annual Clinic-In-A-Box Program. This half-day program provides in-house counsel the chance to offer legal assistance to local-area nonprofit organizations on a specific area of the law. This year's legal topic was insurance. We reviewed the insurance coverage terms to “insure” each non-profit knew whether they were receiving the proper coverage based on their organization’s needs.

This program [now in its 15^th year] is a well-oiled machine. We spent the first half of program learning about insurance and risk management from a Mintz attorney, Christopher Lisy, who’s vast knowledge proved to be fruitful and engaging! We started with the basics from how to read a policy to dissecting common provisions within commercial general liability, employment practices liability and new topics like cyber liability. 

I really appreciate the way Mintz presents this information. They invest the time and effort to make sure the overview is presented in an easily understood and readable manner. Who knew insurance provisions could be so interesting!

After a short break, I spent the second half the succession working with other volunteer attorneys to review our assigned non-profit’s insurance documents and answer any questions they may have. 

This was my third time volunteering for this program. There are three things that keep me coming back: 1) helping smaller non-profits; 2) learning a new area of law; and 3) people. It’s so rewarding to help local non-profits that may not receive the legal support they need and know you were able to help them. Secondly, this event provides a great opportunity to step outside your comfort zone and learn something new. Did you know endorsements are essentially amendments in the insurance world? And lastly, every year I have a chance to reconnect with former colleagues and friends and meet new people. I am already looking forward to next year’s event!

by Victoria Fernandez

Project Citizenship: Pro Bono Assistance to Aspiring Citizens

Project Citizenship is a nonprofit organization that provides free, high-quality legal services to lawful permanent residents seeking U.S. citizenship. With a focus on the most vulnerable and disadvantaged populations, Project Citizenship hosts approximately 40 workshops each year, where trained volunteers and pro bono attorneys assist pre-screened applicants with completing their naturalization applications. Following each workshop, Project Citizenship’s staff attorneys carefully review each citizenship application before submitting it to USCIS as the attorney of record. Project Citizenship staff provide case management through the 9+ month pendency for each client.

Since 2014, Project Citizenship has helped more than 13,000 individuals complete the final step in their immigration journey—becoming U.S. citizens. 75% of Project Citizenship’s clients have low incomes, 15% are over age 65, and 15% are eligible for disability waivers.

Interested in impactful pro bono work? Project Citizenship regularly seeks attorneys to assist immigrants with their citizenship applications. This opportunity requires a 45-minute virtual training and a one-day commitment. Check out Project Citizenship’s website or contact volunteer@projectcitizenship.org to learn more. 

On April 1, the ACC Northeast Chapter’s newly formed Perennials group held its first substantive program on the topic of Late Career: Thriving and Next Stage Planning.  Steve Seckler of Seckler Attorney Coaching, moderated a lively and interactive discussion with a panel comprised of Paul Cushing, Senior Deputy GC, Mass General Brigham; Scott Schoen, Sr. Retired Senior Counsel; and Sharon Kamowitz, Principal, Sharon Kamowitz Privacy & Compliance Consulting.

The group discussed their career journeys, finding satisfaction in their current life choices, considerations for retirement, next stage planning and more with an excited and engaged audience.  Steve emphasized the importance of planning, self-awareness, and understanding one’s passions.  The discussion continued well into the evening over drinks and food provided by the Painted Burro in Waltham.

Please look forward to future Perennials events.  If you would like to get involved, please contact Julie Duffy at juliesduffy@gmail.com.

Patriot: A Memoir by Alexei Navalny

Book Review by Stephanie Lambert, Board Member and Immediate Past President, ACC Northeast

“The only moments in our lives that count for anything are those where we do the right thing…” Alexei Navalny (1976-2024), Patriot

A Playbook to Resistance in an Authoritarian Regime

How does one survive and resist an authoritarian regime?  Alexei Navalny provides a playbook to survive and resist authoritarianism in his compelling memoir, Patriot, published posthumously in 2024.  Navalny shares observations from his life in Russia on how a regime works to maintain control:  lies are the cornerstone to authoritarianism. He advocates exposing lies with the truth as one way to undermine such control. Over time lies erode public trust, says Navalny, enabling corruption to become pervasive.  Citizens then become apathetic believing there is nothing they can do to change things. 

Navalny’s memoir provides a behind the scenes look at life in Russia during Navalny’s lifetime (born in 1976), from the fall of the Berlin Wall through a period of relative freedom during the 1990s and then under the control of Vladamir Putin through Navalny’s death in 2024. Navalny exposes a life where corruption runs through all aspects of society but particularly through authoritarian control of the legal system.  Navalny himself falls victim to a corrupt system early on but later is ashamed that he, along with his fellow law students, paid law school professors for good grades without having to do the work. After he repents and dedicates himself to exposing the authoritarian regime, he gains firsthand experience with the weaponization of the legal system used to punish dissent and imprison opposition leaders by developing his own opposition organization.  

The book opens with a detailed chronology of Navalny’s poisoning, and near-death experience, as he worked for free elections in August 2020.  This poisoning occurred after an order by President Putin to “initiate active measures”, speculates Navalny, while he was returning to Moscow after working on elections in Siberia.  Navalny recovers thanks to prompt medical care and the love and presence of his wife, Yulia, and family. It is then that Patriot take us back in time to earlier days in the 1980s, recounting the lies surrounding the Chernobyl nuclear power plant disaster put forth by the Russian government and his family’s challenges endured in Russia. It is through Navalny’s critical lens that we learn about Mikhail Gorbachev’s not so stellar reputation within Russia.  While cheered in the West, Gorbachev, the last leader of the USSR, endured a mixed legacy of standing for freedom that led to eventual economic collapse and loss of prestige in the former USSR. 

This collapse and the events that contribute to a climate of crisis in Russia in the late 1990s, ultimately led to the rise of Vladamir Putin, who easily positioned himself as a strong leader during difficult times. Putin’s Russia is full of fear and corruption. It is a place where Putin controls the media so he can in turn control the public’s perception of himself and any political opposition.  Putin rewards political loyalty with wealth and immunity from punishment. Any opposition, like Navalny, becomes the target of politically motivated criminal charges to quell opposition and create fear. Without opposition there can be no free elections, so Putin maintains power and the elitists with his support continue to benefit financially at the expense of Russian citizens.  Navalny, through his opposition organization, and his supporters work to expose the riches of the elites through social media and contrast the elitist lifestyles with the poverty rampant throughout Russia.

Navalny was first targeted by Putin’s regime in 2012 with embezzlement charges related to his work as a lawyer advising the Kirov region governor, charges which were eventually suspended on appeal. Later, there were new fraud and money laundering charges against Navalny and his brother, Oleg, in the Yves Rocher case.  Much to their dismay, Oleg spent 3.5 years in prison related to those charges while Navalny received a suspended sentence.  Charges were made in 2021 for a parole violation for leaving the country just prior to the 2020 poisoning and defaming a World War II veteran who had appeared in a pro-Kremlin video in 2021. More charges were levied in 2022 for creating and financing an extremist organization, inciting extremism, involving minors in dangerous activities, and rehabilitating Nazism. Sentences together totaled over 20 years, primarily in a maximum-security prison.  These direct experiences with the legal system expose the judiciary’s lack of independence in Russia and a decline in lawyers’ willingness to represent defendants in political cases. (Navalny’s own lawyers are imprisoned on charges of participating in an “extremist organization” solely for defending him.)

Navalny is eventually imprisoned for the remainder of his life in a prison system that utilizes inhumane conditions, psychological manipulation, and poor medical care to further punish Navalny for his opposition.  Patriot spends the later third of the book describing deplorable prison conditions experienced by Navalny, who manages to somehow utilize humor to lighten the monotony and depravity of prison life in an authoritarian regime, including isolation and solitary confinement, freezing conditions, and medical neglect. At one point, to protest lack of adequate health care, Navalny initiates a hunger strike to bring attention to his situation. Navalny does eventually receive the care he needs, and he suspends his hunger strike.

“Victory is inevitable. But for now, we must not give up, and we must stand by our beliefs.” Patriot stands as a testament of what one man can achieve by standing up for his beliefs and being counted. It is a story of one man’s journey to fight an authoritarian system that we know still exists in Russia today. It echoes many of the suppression tactics still used in Russia and in other similar regimes to quash free speech and political opposition. Anyone fighting authoritarianism should heed Navalny’s warning to expose the truth, act courageously, and mobilize together against authoritarianism through nonviolent resistance.  Patriot provides the tools to do so, which was probably a playbook Navalny built purposely by design. 

Sponsor Feature

Women’s Initiative Success
Kristin Shirahama is a partner at Bowditch and practice area leader for the Private Client Group.

Despite progress in advancing the legal careers of women, in its most recent survey in 2023 the ABA and ALM reported that only 28% of law firm partners are women. The figure is growing slowly – about 1% per year. A small majority of associates are women – just over 50% – so there remains a disparity with plenty of room for improvement through aggressive and thoughtful approaches to closing the gap.

The legal profession has been taking steps to advance the careers of women for several decades, and the ACC has been at the forefront of these efforts. The ACC Northeast chapter's women’s initiative programs and events help spotlight the issues and elevate the discussion at law firms, general counsel offices, and at a range of public and private sector employers.

At Bowditch, our firm has made a strong commitment to supporting and elevating female attorneys by focusing on recruitment, training, networking and business development, as well as transparent, supportive, equitable and inclusive policies. 

We achieved several key gender equity milestones in the past year. For the first time in its 111-year history, the firm now has more female than male attorneys, and key promotions all involved female lawyers. Of the 17 lawyers who joined the firm last year, more than half were women.

Currently, 40% of the firm’s equity partners are women, and the equity pipeline over the next few years is an equal mix of male and female attorneys. This is a sea change for us because prior to our revamped initiative, the firm had one female equity partner for decades. In addition, three of the firm’s four-member business leadership team and one of its three practice area leaders are female.

Our women’s initiative involves a broad group of attorneys that help with networking and business development. One of its most popular activities, now in its fourth year, is Bowditch Birdies, designed to make golf more approachable for women who have historically missed out on golf course deal making. The two-part event, which includes golf lessons, has received rave reviews, with one recent participant thanking the firm for its unique approach in making a 15^th century game its own.

For our efforts to empower female attorneys, Massachusetts Lawyers Weekly’s Empowering Women ranking recognized Bowditch for the second straight year.

Along the way, as we discuss internally the purpose and details of our firm’s efforts, a few questions have needed exploration:

Why do we do it?

Our women’s initiative not only sets us apart from some of our competitors, but it also demonstrates our commitment to the values of fairness and equity that the law upholds at every level. Just as we advocate for our clients, we advocate for our people. It helps us recruit and retain top talent in the market.

How do we do it?

The differentiation for our women’s initiative lies with how broadly we approached the solution – we created a business book club, mindfully promoted the good work that our female lawyers do for clients, fostered teamwork and referral relationships among our female lawyers, and supported individual and group profile raising and business development efforts.

We also assessed and changed the firm’s processes and procedures. For example, partnership elevation criteria are published and transparent to all. There is a managed process for elevation, with female partners serving on the review committee, and a managed process for hiring, where we are thoughtful about who interviews and how interviews take place. 

What does it mean in practice?

For female attorneys, it means breaking barriers, carving out career paths, developing mentor relationships, and navigating compensation and HR discussions.

Most importantly, we invest in people. Bowditch supports flexible schedules and has had several of our attorneys take advantage of reduced hours and a hybrid work environment.

We are proud to partner with the ACC Northeast women’s initiative, developing programs and activities that bring your community together. From our women’s initiative to yours, we support advancing the careers of female lawyers.

Congratulations to three outstanding ACC Northeast Board Members for being recognized in Massachusetts Lawyers Weekly's 2025 Leaders in the Law honors! 🎉

A special shout-out to Krista Green Pratt of Biogen, who was honored as an In-house Icon. Kudos to Danielle Lemack of HP Hood LLC and Kathleen Patton of Divert for being celebrated as In-house Leaders. Your dedication and achievements are truly inspiring!

Dear ACC Northeast Chapter Members,

We are thankful to you, our members, for the incredible community you build every day.  Our ACC Northeast Chapter Board and Committees spent considerable time last year learning about your needs and considering thoughtful ways to address them.  We are pleased to report that the health of our Chapter remains strong. 2024 was another stellar year for us. Our total membership grew 5%, to reach 1,588 members across our Chapter as of February 1, 2025 – surpassing the 1,500-member mark for the first time. Our recruitment efforts yielded 342 new members, and our member retention remained relatively flat, reflecting continued stability in our membership community, year over year. We are pleased with these results.  This success is your success and the success of our entire membership community.  Each of you plays a role in adding to the vibrancy that is the ACC Northeast Chapter, and the value that it creates for the careers of our members. 

Although it may not seem like it now, spring is just around the corner. As we eagerly await warmer days, it's the perfect time to "Spring into Action" with the ACC. This season offers a wonderful opportunity to renew our professional goals and embrace new challenges.

Clinic in a Box® Program

We are excited to host our annual Clinic in a Box® program, taking place on March 28th at the offices of Mintz in Boston. This event provides a unique opportunity to use your legal skills to support local nonprofits while earning CLE credit. Don't miss out on this chance to make a meaningful impact. 

2025 Membership Survey Results

Thank you to everyone who submitted a response to our recent membership survey. Your feedback is crucial to our organization's success. Here are some key insights:

• General Counsel/Chief Legal Officers expressed a strong desire for more opportunities for peer-to-peer connections, especially around complex topics affecting their departments and companies. 
• 94% of members showed interest in a half-day program. 
• Focused community connections, networking, and cutting-edge educational opportunities were highlighted as the most rewarding aspects of ACC membership.

We are committed to using this feedback to enhance our programs and services to better meet your needs.  Our Board and Committee members are in the process of reviewing this feedback to turn insight into action.  Expect more networking, more connection, and an opportunity to participate in a half-day conference, in the months to come.

Upcoming Events and Opportunities

This spring, we have an exciting lineup of events designed to enhance your skills and expand your network.  Don’t miss the fantastic opportunities our event lineup presents to connect with peers and gain valuable knowledge that can be applied in your practice.

Welcome to Our 2025 Sponsors

We are thrilled to welcome back our returning sponsors and extend a warm welcome to our new sponsors. Support from our Sponsors is invaluable to the success of our chapter, and we are excited to collaborate with each Sponsor throughout the year. For more information about our sponsors, please visit our ACC Northeast Sponsorship webpage.

Stay Connected

We value your membership and encourage you to stay engaged with the ACC Northeast Chapter. Follow us on LinkedIn for the latest news and updates. If you have any suggestions or would like to get more involved, please don't hesitate to reach out.

Let's embrace the energy of spring and take action to achieve our professional and personal goals.  We look forward to seeing you at our upcoming events!

Warm regards,

James Coughlin
President, ACC Northeast Chapter

ACC Northeast Member Spotlight: Joe Smith

Joe Smith, Senior Counsel, ACA Group
Next Gen Committee

For this edition of the newsletter, we sat down with ACC Northeast member Joe Smith, a Maine native and former lead singer of the rock band Jeremiah Freed, who later transitioned into a legal career.

Hi Joe, thanks for taking the time to speak with me today. Your background is truly unique—many attorneys take nontraditional paths, but yours really stands out. Can you tell us about your journey to becoming an in-house counsel?

It really was an unusual journey! Like many kids, my friends and I started a band in our parents' garage. Unlike most, we were signed to Universal Records just after I turned 20. Our band, Jeremiah Freed, played alongside artists ranging from Lynyrd Skynyrd to Outkast. We toured extensively across the U.S., but we were especially popular in Maine and Ohio.

In the early days, we performed at parties, school gyms, local Elks clubs, and even bars we weren’t old enough to enter legally. One of our songs caught on with local radio, leading to a record deal in New York City. For nearly five years, we toured the country, which was an incredible experience.

When that chapter of my life ended, I was ready for a new challenge. I worked my way through school, graduated from UCLA, and then moved back to Maine to attend Maine Law. After a couple of years in private practice focusing on tax, bankruptcy, and commercial litigation, I found my current role at ACA Group in 2017—and I’ve been here ever since.

My personal life has changed a lot, too! I traded in a smelly tour van and late nights in questionable establishments for a cozy house in Portland, Maine, where I live with my wife and our blended family of five boys.

Did any of your experiences as a musician help you in your legal career? Are there skills from your time in the band that you still use as in-house counsel?

Absolutely. Skills like managing relationships, creative problem-solving, self-confidence, and perseverance were all honed during my time as a touring musician, and I use them daily as an attorney.

A band can’t succeed without teamwork. You’re constantly balancing competing interests and figuring out how to work together. Touring is also a grind—long drives, the same small group of people, and dealing with problems for which there’s no guidebook. That forces you to focus on what truly matters and think outside the box, which is invaluable in legal practice, especially in-house.

Self-confidence is another key takeaway. When we started, many people doubted our chances of success. I remember a high school philosophy teacher calling on me to admit our band had no real shot. Statistically, he was right—but that experience taught me that belief in yourself is what truly matters. That mindset has carried over into my legal career, helping me navigate challenges and focus on solutions even when others don’t immediately see a clear path forward.

Tell us a bit about your role at ACA Group. What does a typical day look like for you as in-house counsel?

As Senior Counsel at ACA, my responsibilities are diverse, and no two days are the same. When I first joined, my primary focus was negotiating contracts across multiple regulated entities. While I still work heavily in that space, I’ve transitioned into a more general legal role and now manage a team of attorneys.

One day, I might be working with internal stakeholders on a new technology initiative; the next, I could be collaborating with outside counsel on employment matters or patent issues. I’ve been fortunate to work at a company that has supported my growth and allowed me to evolve alongside the business. It’s been a great fit, and I feel incredibly fortunate.

How has ACC played a role in your legal career? Are there specific resources, events, or connections that have been particularly valuable to you?

ACC has been an invaluable resource. Practicing in-house can sometimes feel isolating, as your legal network tends to be limited to internal colleagues. ACC provides a remarkable community of like-minded attorneys who understand the unique challenges of in-house practice.

I had the opportunity to attend the Annual Meeting in Nashville in 2024, and I was blown away by the quality of the programming and the warmth of the attendees. I’d highly recommend it to anyone who has the chance to go.

What advice would you give to attorneys who are new to the in-house counsel role?

I strongly encourage new in-house attorneys to get involved in the Next Gen Committee. I became involved in this Committee after participating in the Emerging Leaders Program a couple of years ago, and it was an excellent opportunity to discuss the unique challenges of in-house practice with peers.

The Next Gen Committee is currently undergoing an exciting transformation to better serve new ACC members, and I’m thrilled to be part of that effort. If anyone is interested, I’d love to connect and discuss how they can get involved!

On February 4^th, ACC Northeast hosted Pathways to Practice: Inspiring Tomorrow’s In-House Lawyers at New England Law | Boston, the first in a planned series of law school programs designed to highlight in-house legal careers. Alex Aferiat, Director & Managing Legal Counsel at Boston Consulting Group and ACC Northeast Chapter Vice President, moderated the panel featuring McKenzie Cotter, Senior Legal Counsel at Dell Technologies; Kerry Gless, Senior Legal Counsel at Boston Consulting Group; and Trevor Meager, Assistant Vice President of Bank Policy and Governance at State Street. The four alumni panelists shared their stories, offered advice, and answered student’s questions about the wide variety of career opportunities for in-house attorneys. The ACC Northeast Chapter would like to thank New England Law | Boston for hosting the event and for the terrific engagement from their student body!

The "Corporate Pro Bono Community" is an email group of in-house pro bono leaders to facilitate sharing information and best practices with peers.  The group holds bi-monthly calls led by community members; recent topics have included metrics, engaging legal staff, and encouraging participation in innovative projects.  If you would like to join the community, please email CPBO Director Alyssa Saunders at asaunders@probonoinst.org.

The ACC Northeast Women's Initiative held its first book club meeting this past quarter. The book club meets virtually, every other month in 2025.  The book selection for each meeting will rotate genres, and books will be picked based on member requests. If interested in joining, please email janelle.peiczarka@toasttab.com.

Organized by the Women's Initiative Committee, but all are welcome! 

Reviewed By Victoria Fernandez
Principal Corporate Counsel
Cisco Systems, Inc.
victfern@cisco.com. 

As dawn breaks, you open the curtains to see blankets of white across the town. There was a big snowstorm last night, but you don’t remember coming home with any mud on your boots. You look out the window, to the left of the town center. Nothing is there. You could have sworn there was a big top just before the mountains. You rub your eyes and look out the window again. Nothing. Where is the circus? It was there last night, right? You aren’t sure anymore, maybe the illusionist you saw perform was only a strange dream. Yet, you feel connected to the circus, but it only comes at night…without any notice.

That’s the atmosphere of the exciting phantasmagorical tale of "The Night Circus" by Erin Morgenstern, a native New Englander. Morgenstern describes in exquisite detail the sights and sounds of the circus where you can feel, smell, and taste the delicious scents and sounds, such as candy apple caramel popcorn.

At its core, The Night Circus is about two magicians who are pitted against one another in an intense competition, but they fall in love with each other. We also meet a cast of characters, some who are very mysterious and intriguing, and others who exude the joys of childhood. 

The adventure weaves it way throughout the world, including some of New England’s most famous cities – Lexington, Concord, and Boston. Morgenstern was born in Marshfield and attended Smith College, so her description of these cities feels vibrant and exact. She also creates two timelines – one that moves chronologically and the other starts several years into the future, working its way backwards until the two timelines converge on the dramatic evening of October 31.

While the genre is like Harry Potter and Something Wicked This Way Comes, the book’s theme focuses on choices and the difference when those choices are made for us, or we make them for ourselves. 

I wanted to get back into reading for fun, so I joined a book club. This selection was a wonderful choice since it was an easy read and yet provided pure joy – reminding me why I used to love reading. This wasn’t a genre I would normally read and yet moved outside my comfort zone (but only with all the lights on). I also liked that it had nothing to do with the law :D Next month, we’ll be reading TheMinistry of Time by Kaliane Bradley.

Are there any books you would like us to review? Do you have any recommendations? Would you like to share your thoughts on a book you recently read? If so, feel free to contact the ACC Northeast Chapter at juliesduffy@gmail.com.

Have you finished all the episodes of the ACC Podcast Around the In-House?  Need something new?  Here are some suggestions to spice up your algorithm.

• The Big Dig - Ever wonder why the Big Dig was America's "most notoriously troubled infrastructure project"?   Spend some time with the people still thinking about how it all went down.
• All Rise with Diane Godfrey - Diane was a court reporter in Massachusetts for 30 years.  She knows everyone, and has lots of opinions about the system we know.
• Maine Beer Geeks - Listen to these two talk about Baseball history and New England Craft Beer.
• 1001 Album Complaints - Let's talk Music.  Really talk Music.  One album at a time.
• GirlTrek's Black History Bootcamp - Pure Black History Stories.  Nina Simone, Olive Morris, Audre Lorde, Georgia Gilmore.  I am embarrassed about how much I learned walking and listening with these women.

Hope you enjoy a new listen, or a re-listen!  Can't wait to hear what you hear!

DEI in the Workplace: Practical Considerations for Private Employers Following Executive Order 14173

By Natalie Groot, Corbin Carter, and Nikki M. Rivers

Executive Order 14173 titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Executive Order”) has shaken the employment landscape by taking aim at “illegal” DEI programs and policies in ways that could significantly impact the private sector. Although the Executive Order’s mandates are vague in many places and raise more questions than they answer, the Executive Order appears designed to push private sector employers to modify, narrow, or even end their DEI initiatives by targeting “illegal” DEI practices – in other words, DEI practices that are already not legally compliant. But the Executive Order previews that this Administration intends to take an expansive view as to the types of DEI-related practices that it views as illegal. 

Employers must therefore be deliberate in their design and implementation of these programs and should use this moment to consider the following: 

1. Pay Attention To Continued Legal and Political Developments: The portion of the Executive Order aimed at “encouraging” private sector employers to end discriminatory DEI practices immediately drew attention, particularly among the wide array of private sector employers that have long promoted programs and initiatives aimed at creating legally permissible opportunities for underrepresented groups. Until now, applicable government guidance and judicial case law have permitted common corporate approaches to “DEI” efforts (such as the maintenance of inclusive employee affinity groups and recruitment efforts) where those efforts are motivated by legitimate, non-discriminatory business priorities. Employers who continue to promote DEI will need to monitor developments closely and understand: (i) how far the Administration intends to go in curbing private sector DEI practices; (ii) the possibility of enforcement activity (including investigations or even litigation) against employers that retain DEI programs despite legal precedent allowing for lawful initiatives; and (iii) the legal limitations on targeting private companies that are subject to federal anti-discrimination laws but which are not explicitly covered by federal government-focused executive actions. Critically, given the lack of specific definitions and enumerated DEI practices that the Executive Order considers illegal, employers will need to be prepared to adjust their programs and practices as agencies implement the Executive Order and courts interpret it.
2. Redouble Focus on the Legal Viability of DEI Programs: The Supreme Court’s 2023 Students for Fair Admissions decision rejected the use of racial quotas in some education-based affirmative action programs, causing many private sector employers to revisit their DEI programs. Some employers broadened recruiting efforts, while others looked to non-traditional approaches focusing on socioeconomic factors instead of potentially fraught protected categories. Other employers rebranded their efforts using, for example, “Access and Opportunity” instead of “Diversity, Equity, and Inclusion.” But regardless of the path an organization takes, there will likely be continued government and stakeholder scrutiny. Indeed, the Executive Order confirms that rebranding efforts alone will not insulate employers from scrutiny. Employers will need to carefully evaluate their DEI programs and practices in consultation with legal counsel to ensure that they are meaningful, meeting organizational objectives, and of course, legally compliant. Employers should also partner with relevant stakeholders, including human resources professionals, management, and board members, who can advise on necessary elements to achieve the corporate mission and goals in the current political environment. 
3. Continue to Account for Existing Federal, State and Local Anti-Discrimination Laws: When evaluating and modifying DEI programs and practices, employers must remember that federal anti-discrimination laws still apply. Similarly, irrespective of the Executive Order, certain employers (at present) still must comply with employee demographic data reporting via the federal EEO-1 process. The Executive Order also does not purport to preempt state and local workplace non-discrimination obligations. For example, state and local salary disclosure and pay data reporting laws remain intact (including in Massachusetts where these requirements have recently come into effect), some of which require covered employers to report employee demographic data. 
4. Consider an Appropriate Communications Strategy: Employers increasingly find themselves on the front lines of social issues, and the Executive Order is no exception. Employers must decide whether and how to address this (and future workforce developments), both internally and externally. Employees, board members, investors, clients, and other important business affiliates may advocate for companies to take (or not take) a visible position on this issue. Whether to speak and, if so, what to say, should be evaluated carefully considering variables such as reputational risk, talent acquisition and employee retention priorities, investor sentiments, and community focus. Of course, not speaking remains an option, particularly given the blitz of social justice events over the past several years and the fatigue associated with responding to them. Due consideration should be given, and stakeholder feedback sought, on how best to communicate on this latest development in a legally compliant manner that optimizes stakeholder relationships.
5. Consider the Executive Order in the Context of Corporate Disclosures: The Executive Order does not provide direction to private employers regarding DEI practices vis-à-vis corporate disclosure statements. For years, many public companies have voluntarily shared data about their diversity efforts and demographic statistics to provide investors information about the company’s human capital data, risks, plans, and oversight. As part of the overall communication strategy, employers should work with employment and corporate counsel to ensure that disclosures appropriately reference DEI programs (if at all) and otherwise signal ongoing compliance with applicable law, particularly given the Executive Order’s directive to target publicly traded corporations for potential investigations.

The Executive Order has already caused a ripple effect throughout the private sector and will continue to influence the discussion around DEI practices. It is crucial that employers take this moment to thoroughly vet their DEI-related initiatives and make any necessary adjustments based upon the above considerations. With a deliberate approach focused on legal compliance, appropriate communication strategies, and stakeholder buy-in, private sector employers can position themselves to deftly navigate the rapidly changing DEI landscape and continue to derive significant value for their organizations. 

Please join ACC Northeast and save the date for Unlocking the Algorithm: AI from the In-House Counsel’s Desk on Friday, June 6 from 8 a.m. to 2 p.m.

We hope you’ll join us for this dynamic, insightful summit and leave with the tools to unlock the potential of AI—while avoiding its hidden traps.

Be on the look-out for additional details about the program and a link to register soon.

The Northeast Chapter of the ACC is pleased to announce the creation of an In-house Speakers' Database!

If you are interested in speaking at a future in-person chapter event or participating in a webinar, please go to https://www.surveymonkey.com/r/Speakers-Database and complete the short questionnaire regarding your areas of expertise.  Feel free to forward this message to others you think may also be interested.

Dear ACC Members and Friends, 

As the leaves finish falling and the air turns crisp, we find ourselves in a bustling season here at the Association of Corporate Counsel Northeast Chapter. Fall is not just a time for sweater weather; it’s a period filled with opportunities for professional growth, networking, and engagement within our community.

Recent Board Member Election

In September, our ACC Northeast Board of Directors elected several new officers and one new board member.  I am excited to welcome Alex Aferiat (Vice President), Kelly Whetstone (Secretary), and Ruchi Sisodia Shah (Assistant Treasurer) to the leadership team, as well as Ed Maggio to the Board.  This group brings a wealth of experience and fresh perspectives to their new roles. Their commitment to advancing our mission will be invaluable as we continue to support our members and enhance our programming.  We look forward to their contributions and encourage everyone to connect with them at our upcoming events.

ACC Annual Meeting in Nashville

In early October, ACC members from locations around the globe descended upon the ACC Annual Meeting in Nashville.  This premier event featured not only insightful sessions and workshops, but also provided a fantastic opportunity to make local connections on a global stage.  We were proud to have 54 ACC Northeast Chapter members attend, creating a vibrant community of legal professionals from our Chapter, eager to network and share experiences with each other.  Attendees forged new relationships and strengthened existing ones, as Nashville was the perfect backdrop for collaboration and camaraderie.  One of the may highlights of the ACC Annual Meeting was the fireside chat with David Lat, the founder of Above the Law.  David ‘s session at the Fall Leadership Development Institute for Chapter Leaders entitled “Above (and Beyond) the Law: Leadership Lessons in Authenticity, Transparency, and Courage” did not disappoint.  In this engaging discussion, the acclaimed author and legal commentator shared insights designed to ignite attendees’ passion for volunteer leadership. His reflections on embracing authenticity and transparency inspire us to navigate the challenges of the legal profession with confidence and purpose. David will explored the notions of courage and individuality, sharing the story of his transformation from federal prosecutor in New Jersey and part time writer under a pseudonym, to founder and leader of one of the most widely read online legal publications.  David emphasized how embracing what makes us unique can serve as a powerful differentiator in our careers.

Recent Board Strategic Planning Retreat

In late October, our board held a strategic planning retreat aimed at shaping the future direction of our chapter. This productive gathering allowed us to reflect on our achievements and identify key areas for growth. We engaged in thoughtful discussions about enhancing member engagement, expanding our program offerings, and strengthening our community outreach initiatives. The insights gained during this retreat will guide our efforts in the years to come, ensuring that we continue to meet the evolving needs of our members.

Upcoming Events

This fall, we have an exciting lineup of events designed to enhance your skills and expand your network.  Don’t miss the fantastic opportunities our event lineup presents to connect with peers and gain valuable knowledge that can be applied in your practice.

Stay Connected

Don’t forget to follow us on our LinkedIn and check our website for the latest updates.  Engaging with fellow members online is a great way to stay connected and informed about all that’s happening in our chapter.
As we embrace this busy season, we encourage you to take full advantage of the resources and opportunities available to you. Together, we can continue to strengthen our community and support one another in our professional journeys.

Wishing you a productive and fulfilling Fall!

Warm regards,

James Coughlin, President
Association of Corporate Counsel, Northeast Chapter

ACC Northeast FOCUS recently interviewed the chapter's newest board member, Ed Maggio, VP and General Counsel Americas, Sitecore, a digital experience software company.  Ed is a long-time chapter member and has previously contributed to the Practice and Career Management Committee.  Join us as we learn a bit about his career path and his goals as a board member.

Please tell us a little bit about your company and your role there.  What are your responsibilities and what does a typical day look like?

My company, Sitecore is a 20-year-old global software company originally started in Copenhagen, Denmark.  It is privately held and is in the marketing tech (Martech) space focused on content management and omni channel experience for users across websites, mobile and other platforms.

My current role is VP and General Counsel Americas.  In this role, my team and I support our "Field Operations" primarily including our Sales team with drafting and negotiating master subscription agreements, cloud addendums, NDAs and other associated sales agreement primarily focused on SaaS transactions.  We also support our global procurement team and technology partnerships team with contract negotiations and legal analysis.  Finally, I work closely with our finance team on contract disputes and Human Resources on some employment matters.

My typical day is varied and fast paced with sales forecast calls, contract negotiations with customer's outside counsel, connecting with my global legal colleagues (my favorite part) and working with my amazing team to resolve a multitude of legal issues while trying to fit in some time for professional development. 

What was your career path?  What drove you to become a lawyer?  How did you get to where you are?

My career path started with a clerkship out of law school with the Superior Court of Massachusetts.  I was able to work with several amazing judges in both criminal and civil court and it was a great introduction to the legal system.  I moved to a mid-sized litigation firm for a year and then to a local practice handling some real estate and small business leasing.  I was fortunate enough to then find my first in-house role with American Tower which was an amazing experience for almost 12 years.  I then shifted into the software space with a great learning experience at CyberArk Software in the cybersecurity field.  This led me to my current role with Sitecore where I've been for the past 3 + years.

I originally became a lawyer based on my background in political science and policy studies.  I did an internship with a Massachusetts U.S. Senator and wanted to obtain my law degree to better understand constitutional law and potentially return to Washington D.C.  I later became interested in business and mixing my legal background with business issues is the area I found most practical and fulfilling.

How did you hear about ACC Northeast? What made you excited to get involved in the ACC Northeast chapter?

When I joined American Tower, there were some lawyers that were part of the ACC, I went to an ACC NE event and really enjoyed the content and opportunity to meet lawyers from other companies.  I really found it useful to have professional development opportunities, and took advantage of the Mini MBA and Advanced Mini MBA through BU Business School offered by ACC.  From there, I decided to join the ACC NE Practice and Career Management committee and help develop some programs and more closely work with other ACC NE members in a smaller group which was very rewarding.

What are your top priorities as a board member of the chapter?

My top priorities as a board member are first to work on engaging and connecting more with members locally where they are or are willing to meet up.  I really enjoyed the local lunch I attended a couple of months back and have talked to several members who would like to continue this and expand these types of small meet ups and discussions.  Second, I would like to focus on those new to the in-house practice and those potentially interested in in-house roles during their law school years.  Focusing some programming in these areas or mentoring opportunities would be a great way to help in the development of those exploring or embarking on new legal career paths in the corporate legal world.  Finally, and in a similar vein but with both new and experienced lawyers, providing a more personalized introduction to new ACC NE members and guiding them through all the great opportunities, programming and resources available so they can utilize their membership and be welcomed to our community from Day 1.  

What are your interests and hobbies outside of work?  What do you do to decompress and relax?

When I am not working, you will find me outside, hiking with my dog, Meadow, jogging, skiing or playing tennis.  I love quality time with my wife and 2 teenage kids and quiet time to read and try and keep up with the New Yorker or watch the defending NBA champion, Boston Celtics.  Finally, when I have the time, I like to cook Italian meals, visit amazing restaurants and explore with international travel, including my recent trip to Paris with my wife to celebrate our 20th anniversary and upcoming trips to Iceland and Italy in 2025.

Do you have any advice you have for members, either professionally or personally?  This can be advice for those just starting in their careers, or tips for experienced lawyers.

My advice would be to take advantage of the great ACC NE legal community.  There are so many different opportunities to get involved and build a network that can help your career in so many ways.

by Alex Aferiat
Director & Managing Legal Counsel
 Boston Consulting Group
Vice President, ACC Northeast

When I packed my bags for Nashville to attend my first ever ACC Annual Meeting, I was anticipating some networking, legal learning, and of course, some of their famous hot chicken and BBQ. My expectations were a blend of curiosity, excitement, and a healthy dose of skepticism—could a multi-day conference with over 2000 attendees really offer as much impact as its agenda promised? Well as it turned out, this gathering was far more than just shaking hands, collecting business cards, and listening to panels. I found it to be more like joining a think tank on the move, with every conversation and session offering me a new perspective and fresh ideas that I could bring back to my own organization and our local ACC Chapter. Spending four days in storied “Music City” enabled me to make meaningful connections with other legal professionals that I know will remain part of my network, including the 53 members in attendance from our own Northeast Chapter. Yes--in true Nashville fashion, the Annual Meeting struck all the right chords.

I kicked off the Annual Meeting by attending the Leadership Development Institute (LDI), a one-day program for Chapter Leaders and ACC Network Leaders to affiliate, share learnings, and focus on professional development. As the recently elected Vice President of the Northeast Chapter, I (along with our President James Coughlin, Immediate Past President Stephanie Lambert, and Communications Chair Patrick Wu) had the good fortune to meet with other ACC Chapter Leaders from around the US and across the globe and gather ideas for driving chapter initiatives. We heard from a remarkable keynote speaker, David Lat, about leading with authenticity and courage. Then we broke into groups to discuss strategies for building membership, maintaining sponsorships, and developing relevant and alluring program offerings. It was easily one of the most informative networking and strategy sessions I’ve attended, and I look forward to making LDI a regular part of my ACC experience.

The multi-day agenda of the Annual Meeting was rich with sessions highlighting critical issues facing in-house legal professionals. I made a conscious effort to mix topics that are highly relevant to my practice—technology, AI, and contracting-focused sessions—with ones that fall outside my remit. Notable content from my docket included adapting to rapid changes in generative AI, challenges arising from cultural flashpoints and an evolving legal landscape for corporate diversity, equity, and inclusion programs, key considerations on contracting, strategies for protecting your brand online, and the business impacts of an increasingly complex geopolitical landscape. The speakers and sponsoring law firms and vendors presenting this content did a phenomenal job, and I was impressed to see several names from our own region and our local membership on the speaker list.

The event also facilitated interactions with sponsor law firms and vendors, with over 100 booths in the Annual Meeting’s exhibit hall drawing attendees with product demos, specialty foods, exciting sweepstakes, and lots of swag. Wandering the exhibit hall allowed me to meet face-to-face with representatives from some of the leading firms and service providers who are at the cutting edge of legal services and technology, and also provided a well-curated cross section of tools and support available to in-house counsel, which can often feel overwhelming to navigate from afar. And from the local perspective, it offered me and my fellow Board Members a wonderful opportunity to greet and thank our generous Chapter sponsors who were also present in Nashville.

The most impactful element of the Annual Meeting was, without a doubt, the networking and affiliation opportunities. The Annual Meeting provided an unparalleled platform to connect with other in-house professionals to share experiences and best practices. It was incredibly enlightening to hear how others tackle the challenges we all face, from managing internal stakeholders to navigating unforeseen crises. I found the informal gatherings and evening social events just as beneficial as the formal sessions throughout the week—these interactions allowed for deeper conversations and the building of personal connections that go beyond the typical business card exchange. Whether it was discussing a panelist’s remarks over coffee, connecting with a fellow in-house lawyer who shares similar challenges in my industry, or a chance encounter with a lawyer connected through a mutual friend, each interaction was a step towards building a stronger professional network.

My first ACC Annual Meeting truly exceeded all expectations, blending intensive learning with invaluable networking. It proved pivotal not just for gathering cutting-edge legal insights but also for forming lasting professional relationships. And don’t worry—I still had time to taste the famous hot chicken (for the unitiated, the Nashville food scene is definitely worth the hype!). I returned to Boston energized to implement my learnings and insights into my own organization and further enrich the ACC Northeast Chapter, and I now look forward to attending the 2025 Annual Meeting in Philadelphia, and to host the Annual Meeting here in Boston in 2026.

On September 17th, ACC Northeast partnered with Mintz to host a fun networking event at King’s in Boston’s seaport district.  Fueled by refreshments, attendees took turns knocking down pins while making new connections and networking with other members of the in-house community.  The casual setting provided a great, low-stress environment for members to expand their networking circle and re-connect with old friends and fellow ACC members.  A terrific event and big thank you to our sponsor Mintz for a great evening!

Intellectual Property in the Age of AI: What Do You Own and How Do You Balance Risks?

On September 25th, ACC Northeast partnered with Boston Intellectual Property Law Association (bipla) to host an engaging dialog about intellectual property rights in the age of artificial intelligence (AI).  The program explored the benefits, risks, and challenges of AI as it relates to intellectual property, from copyright to patents to trade secrets.   Expert panelists, Deepika Bhayana from Dell, Nick Boivin, Charles Collins-Chase of Finnegan, and Vivek Rao of Pierce Atwood, engaged in a discussion with moderator, Danielle Lemack of HP Hood, to share their insights about how to best integrate AI into the workplace to best protect their clients’ intellectual property.  Panelists explored issues related to ownership of IP created from AI tools, as well as the challenges of potential infringement, both from the IP created with AI, and the potential for AI tools to use a company’s IP.  Throughout the discussion, the panel engaged with the audience and emphasized best practices to integrate AI into the workplace to ensure IP rights are protected.  The program offered opportunities to network while attendees enjoyed great food and drink.  Many thanks to Finnegan, Henderson, Farabow, Garrett & Dunner, LLP for hosting the event.

ACC Northeast Members Aim Efforts at Clothing Insecurity with Cradles to Crayons

How many pairs of pants did you have to wear to school?  That was the discussion in the car as we drove away from Cradles to Crayons (@c2cBoston) in Newtonville on November 2nd.  Having learned that 1 in 3 children in Massachusetts and 1 in 2 children in Boston, are at risk of clothing Insecurity, we were amazed at the refined leadership this organization brings to the cause.  In our world of overflowing closets, it was a meaningful morning for both of us.

Thanks to our sponsor, Littler Mendelson PC, ACC Northeast members and their families (and about 90 other volunteers) ran the c2c Giving Factory for 2 hours.  Volunteers from religious organizations, companies, and even a birthday party worked together with thought and intention to help unpack donations, clean them, sort them by sizes, and repack so that they would find a home with a child in need.

The c2c facility in Newtonville is impeccable, and extremely well-organized.  A lawyer’s dream, it felt like we were living in a Microsoft File Explorer — beautifully labeled and color coordinated!  Our guide, Joe, quickly taught us how to check the donations for wear and tears, kid-friendly logos, and the guidelines for what a week of clothes looks like for each age group.  May your contract files be as organized as the bins of clothing these organizations process!

The Littler/ACCNE team was quickly put in charge of sorting clothes into packages of a week’s worth of clothing.  It was the perfect task for a bunch of lawyers, as we all sorted through bins of onesies, dresses, pants, sweaters, and T-shirts—the works..After 2 hours of working together, our team had packaged over 230 weeks’ worth of clothes for kids of all ages, to be distributed in the area through the organization’s network of nonprofits.

For more information about c2cBoston, find them on social media (@c2cboston), check out their Amazon Wish List https://www.amazon.com/hz/wishlist/ls/2LC41W9EWU3ZQ/ref=hz_ls_biz_ex or head to their website (https://www.cradlestocrayons.org/boston/) to find a specific Giving Recipe and launch a campaign to help raise money for things like the 43,000 coats they will hand out this Winter.

On September 18th, the ACC Northeast Chapter’s newly formed Perennials Group held its first in-person networking event at the Painted Burro in Waltham, MA.  The Perennials Group is comprised of the more senior/experienced members of the chapter who are enjoying their careers while beginning to think about what comes next, and others who may have already stepped into new situations. 

Topics of conversation included career visions for empty-nesters, consulting, and retirement choices that include continued legal learning and maintaining ACC connections.  Summer travel experiences were also shared!  The attendees enthusiastically expressed interest in future social and substantive events.

Reviewed by Alex Bubier
Senior Counsel, Product and Privacy 
Smarsh Inc.  
Alex.Bubier@Smarsh.com

How often do we have the opportunity to celebrate the achievements of our colleagues and friends?

In this edition's book review, we're focusing on "The Damage" by Caitlin Wahrer, her debut novel published in 2021.  Caitlin isn't just a talented author, she is also a practicing attorney at Thompson Bowie & Hatch LLC, a law firm based in Portland, Maine.  With extensive court experience, Caitlin brings a wealth of legal knowledge to her writing.

I decided to read this book for a couple of reasons.  Firstly, I originally met Caitlin in Law School where she was renowned for her creativity and wit, so I knew any book she wrote would be thought-provoking and engaging.  She was also among the top writers in her class, so I knew, in addition to being a captivating read, it would be well-written and well-researched.  Secondly, my wife and Caitlin share a similar love of true crime, and my wife spoke highly of Caitlin's use of the subject while delving into the sensitive subject she was exploring.  I was intrigued, to say the least.

To what extent would you go to defend someone you love?  Who would you trust to ensure your family's safety?  How far will someone go for their relatives?  These questions are meticulously explored in Caitlin's crime novel "The Damage."  "The Damage" is, in a word, intense.  It's not your typical light summer read—it's a slow-burn thriller centered on one of the most sensitive and triggering topics: sexual assault.

Nick, a college student, is caught off guard during a night out with a friend at a bar when he receives unexpected advances from an older, attractive man.  A moment of flirtation quickly turns into a criminal investigation involving Nick and his family.

Caitlin respectfully minimizes the explicit details of the assault while delving deeply into the emotional aftermath and trauma that follows.  The narrative is driven not by a standard investigative approach but through the perspectives and experiences of her characters: Nick, his brother Tony, Tony's wife Julia, and the detective handling the case.  The characters grapple with themes of doubt, love, justice, and the extent they're willing to go to protect their own.

Though Caitlin ensures that the plot is replete with twists and turns characteristic of a crime thriller compelling readers to find out how it all concludes, it's easy to become even more absorbed in the unfolding lives of the family members ensnared by the events described in "The Damage."

Postscript: Caitlin's writing prowess is undeniable, and her ability to craft and flesh out vivid characters shines through.  Yet, her dedication to completing her debut novel remains understated.  As a friend, I can attest to Caitlin's unwavering commitment to her dream of becoming a published author.  She consistently woke up at 5 a.m. to write before heading off to work each day, and continued to edit and expand her manuscript late into the night, only to repeat the process the next day.

Second postscript: If pressed, Caitlin might admit that her only obstacle in completing this book was an unhealthy affection for the video game Goat Simulator.

Responding to Subpoenas by Benjamin B. Folsom, Litigation Director, McLane Middleton

Being served with a third-party subpoena¹ is an unwelcome event.  In a best-case scenario, it presents a hassle.  Failing to comply with one’s legal obligations regarding the subpoena can result in a finding of contempt and court-imposed sanctions.  In order to comply, time and resources that could be spent productively on an organization’s core activities have to be redirected to a legal matter to which the organization may only have a tangential connection.  While dealing with subpoenas are an unfortunate part of the cost of doing business, there are ways to minimize the costs and disruption associated with them and maximize protection of the organization.

Determine if the subpoena is enforceable. 

Just because a party has been served with a subpoena does not mean that the subpoena can be enforced. For instance, with surprising frequency, parties will have a subpoena issued from a state court where an action is pending and then serve that subpoena directly on a business or person located in a different state without following the required procedures under the Uniform Interstate Depositions and Discovery Act or other applicable law.  In federal court, Federal Rule of Civil Procedure 45 places territorial limits on how far a person can be required to travel to testify or produce documents pursuant to a subpoena. 

If a subpoena does not comply with the territorial limits of the subpoena power of the court, it may well be unenforceable. Raising this issue with counsel of the subpoenaing party may lead counsel to decide not to pursue the subpoena at all or, at the very least, force counsel to start the subpoena process anew.

Make an up-front assessment of what compliance with the subpoena requires. 

The importance of conducting a prompt, detailed assessment of what a business needs to do to comply with the subpoena cannot be overstated. The more detailed and thorough this initial assessment is, the better prepared one will be to both comply with their legal obligations and convincingly argue for a narrower scope of the subpoena. 

Considerations should include where the requested documents and information are stored (email accounts, electronic file folders, databases, laptops, employee work phones, cloud systems, old servers or systems no longer in use but still in existence, etc.), how searches to locate responsive documents would be conducted and by whom (e.g., is it necessary to engage electronic discovery service providers), estimates of how long it would take to complete the searches and produce the documents, and approximations of how much time would be spent searching for and reviewing the documents before they are produced.  Making this up-front time investment to gather and understand this information can pay off in multiple ways.

Court rules, although they vary, generally impose an obligation on the subpoenaing party to avoid imposing an undue burden or expense on the party being subpoenaed, and provide for the possibility of sanctions on parties and attorneys who do not comply.  E.g., Fed. R. Civ. P. 45(d)(1).  Coming armed to a meet-and-confer with counsel for the subpoenaing party with information about the time burden and monetary cost the subpoena imposes can be an effective way to negotiate a narrower scope of the subpoena.  Courts can, in some circumstances, order the subpoenaing party to pay a portion of the responding party’s costs, a fact that will be known to counsel.  E.g., Seattle Times Co. v. LeatherCare, Inc., 232 F.Supp.3d 959 (E.D. Mich. 2017) (requiring subpoenaing party to pay 60% of the responding party’s costs related to complying with subpoena). Even if negotiations are not successful, the assessment will provide information needed to support a motion to quash or for a protective order, which are ways to seek a court order limiting or eliminating the subpoenaed party’s obligations with respect to the subpoena.

Serve timely written objections.

Many court rules provide the opportunity for the subpoenaed party to serve written objections to a subpoena.  Under the Federal Rules, written objections must be made within 14 days of service of the subpoena.  In addition to outlining the legal objections a party has to the subpoena, written objections provide another opportunity to educate counsel for the requesting party as to any undue burden or expense the responding party faces.

Ensure a protective order is in place for the disclosure of confidential information.

Confidential business records and information often falls within the scope of what is requested in a subpoena.  There may be a protective order already in place in the litigation which by its terms applies to and can be used by third parties served with subpoenas.  If a copy of the protective order is not provided with the subpoena, it should be requested right away so that a determination can be made if it is sufficient. If there is no pre-existing protective order, the subpoenaed party should propose one and make clear at the requesting party at the outset that it will object to producing any confidential information absent entry of an acceptable protective order.

While a third-party subpoena may be an unwelcome intrusion on a business, a prompt, careful, and thorough assessment of the subpoena and a proactive approach to addressing it can help to minimize the disturbance. 

Earlier this year, ACC Northeast launched a successful series of local lunches, each hosted by an ACCNE Board member, as part of the Board’s ongoing efforts to “meet members where they are.” These lunches took place across Massachusetts in Boston (Government Center, Seaport, and Back Bay), Concord, Marlborough, Cape Cod, Waltham, Dover, Worcester, and Andover, as well as in Stowe, Vermont; Providence, Rhode Island; and Portsmouth, New Hampshire.  Each gathering was held at a local restaurant and drew an average of six to eight attendees. Attendees enjoyed reconnecting in person with local colleagues, forming new connections, and engaging in lively discussions on topics of interest to the in-house community.

Since a common takeaway from each event was the shared appreciation for building local connections, both new and renewed, we hope to offer more of these lunches in the future.  Watch your email and LinkedIn for announcements about upcoming local events.  If you’re not already following us on LinkedIn, find us at ACC Northeast – Association of Corporate Counsel to stay updated on all our latest events!  

Dear ACC Members and Friends,

The ACC Northeast Chapter has taken the summer in stride – this season has been one to socialize with our in-house peers and sponsors and develop professional relationships and connections.  Summer is also a time to re-energize with family and friends, and our Chapter has seized several opportunities to bring our members together for networking and community building, including during a family friendly outing.  For the first time in our history, this summer we reached 1,500 members – quite an accomplishment, and a manifestation of the strength of our community!  Now is the time to develop deeper connections, and I encourage you to consider how the ACC can help you realize the power of deeper connections in the months to come.

In June, we hosted members from our general counsel / chief legal officer community at the Tuscan Kitchen for our Curated Cocktails & Conversation event, sponsored by Mintz.  The dinner and discussion focused on current events facing our general counsel and chief legal officer members, their companies, and their companies’ boards.  Attendees explored the management of board and executive team departures, board succession planning, emerging legal and regulatory risks, outside counsel relationship and budget management, and technological and processes innovation to modernize the legal department.  Participants experienced the power of deeper connections with their legal executive peer group.  We look forward to future GC/CLO events this fall.

In mid-July, we returned to the Envoy Hotel, where we hosted our annual Summerfest celebration – our largest in-person networking event and most popular event as a chapter.  This year’s event did not disappoint, and the rain even held off to enable a perfect evening of discussion among members and sponsors.  We also conducted a drawing for two passes to the ACC Annual Meeting, and we will notify the winners very soon.  At the end of July, our members traveled to Worcester to watch the Worcester Red Sox take the field at Polar Park.  This family friendly event was a wonderful opportunity for members and their families to come together to celebrate summer, experience America’s pastime with a WooSox win over Buffalo, and to connect with each other.

Our Chapter also launched Membership Local Lunch Meet-Ups, which offer members a more intimate way to interact and connect in a small group setting, at a convenient time and place.  We know that to meet our members’ needs, we need to meet members where they are located.  So far, our Chapter board members have hosted local lunches in various locations throughout Massachusetts, and in New Hampshire and Rhode Island.  These lunches will continue into the fall, and we look forward to seeing you at a location near you.  We also recently secured licenses to the web-based networking platform RandomCoffee, which we are leveraging to enable individualized virtual networking meet-ups.  Our RandomCoffee initiative will enable members to randomly match with other interested members to network and engage. 

We round out our summer season of socializing and connecting with NextGen, Perennial, Women’s Committee, and Affinity Bar events in September.  Our NextGen group (tailored for members who have less than ten years of experience in an in-house setting) will connect at KINGS Seaport.  Our Perennial group, which is a newly formed committee focused on engaging with our most experienced and longest standing members, will connect in Waltham at the Painted Burro.  Our Women’s Committee, which works to provide a supportive environment for members who identify as women will host its monthly coffee chat.  Finally, our DEI Committee will co-host an Affinity Bar Mixer.   These are great opportunities to develop meaningful connections and to learn more about the work that various ACC Northeast Chapter committees perform for the benefit of our membership.

The 2024 ACC Annual Meeting, the largest annual gathering of in-house counsel, is set to kick off on October 6th in Nashville, Tennessee.  There is still time to plan your trip, to join more than 2,500 fellow ACC members for this global conference, and to experience the cutting edge in legal topics facing in-house counsel.  Whether you are navigating complex legal challenges or driving strategic decisions with long term impact for your organization, the ACC Annual Meeting has something for everyone.  Don’t miss this opportunity to gain transformative knowledge, focus on professional development, and network for deeper professional connections.  We hope to see you in Nashville in October.

Sincerely,

James Coughlin
President, ACC Northeast Chapter

ACC Northeast FOCUS recently interviewed two members, Jacquelyn Knapp, Senior Corporate Counsel, IP and Marketing at ASICS North America, and Janelle Peiczarka, Product and Advertising Counsel at Toast, Inc.  Jackie and Janelle have become close friends after meeting through ACC Northeast. Join us as we learn a bit about their careers and their friendship.

Please tell us a little bit about your company and your role there. What are your responsibilities and what does a typical day look like?

Jacquelyn Knapp (JK): My role is Senior Corporate Counsel, Intellectual Property and Marketing at ASICS North America.  I manage the IP portfolio in North America, sit on the global IP team, privacy team, and AI Board, review marketing assets, and manage collaboration, media, marketing, event, sponsorship, and influencer agreements.  There are never two days that are alike – it can be everything from calls about marketing around events like the Olympics to reviewing collaboration drops to discussing new inventions with the business teams.

Janelle Peiczarka (JP): For the past five years, I’ve been in-house at iRobot Corporation.  My role has been very broad and I help out with everything from software licensing to advertising review to customer care escalations – I love to joke that I’m the lawyer for the robots, and being Corporate Counsel at iRobot was full of interesting legal challenges and many opportunities to learn.  Recently, I just accepted a new role at Toast, Inc. as Product and Advertising Counsel.  I’m excited to join the team and have new adventures ahead in the growing restaurant software industry.

What was your career path? What drove you to become a lawyer? How did you get to where you are?

JK: I started my career as an IP attorney at a large firm where I split between the mechanical patent prosecution team and the trademark team.  My first firm did a lot of work for a footwear client, and I am fortunate to have worked with multiple clients that sell footwear, apparel, sporting goods, and/or handbags.  The jump to an in-house attorney at a footwear, apparel, and sporting goods company was a great fit because of my industry-specific knowledge and my personal genuine enjoyment of the industry.  Being in-house has also allowed me to expand my knowledge base and skills set.

JP: I have always loved thinking out a logical argument and knew that I wanted to be a lawyer at a young age.  I started my legal career as a corporate attorney at a law firm doing primarily mergers and acquisitions and securities work, and then I broadened my practice and became a legal generalist once I became an in-house attorney.

How did you hear about ACC Northeast?  What made you excited to get involved in the ACC Northeast?

JK: I had known about the ACC from colleagues and friends, and I was excited to join the ACC Northeast to connect with colleagues.  It can be difficult coming from a firm with hundreds of attorneys to a company with a handful of attorneys (at least in your time zone.)  I am not from the Northeast, so it was very important for me to connect with the broader legal community for everything from benchmarking best practices to finding mentors and colleagues.

JP: I learned about the ACC organization during an internship in law school and appreciated all of the resources that were available – from newsletters to the form library. Once I was an in-house attorney, I knew I had to join again.

What are your interests and hobbies outside of work?  What do you do to decompress and relax?

JK: I love traveling and exploring, running on the esplanade, trying new restaurants, attending sporting events, making the most out of my MFA membership, and reading.

JP: I love spending time in Boston checking out new restaurants and exploring with friends. I also enjoy cooking at home and spending time curled up with my cat, Moby!  

Do you have any advice for members, either professionally or personally?  This can be advice for those just starting in their careers, or tips for experienced lawyers.

JK: First, get to know your company’s business and products.  Understanding the bigger picture, company’s risk tolerance, and the goals of the company helps guide your advice to the business teams.  Second, focus on becoming a trusted advisor.  I have done this by spending time and effort developing relationships with the business teams.  The business teams trust me and come to me if they have a question or if an issue pops up.  It is much easier to mitigate risk when the business teams involve me at the beginning, and it allows legal to avoid being the department of “no.”

JP: I’d recommend that all in-house attorneys take the time to invest in relationships.  Get to know your business team partners, outside counsel, and even friends in similar roles at other companies through groups like the ACC.  Good relationships make it easier to solve problems and have fun along the way too.

Tell us a little about the connection that two of you made and what it has meant to you professionally and personally.

JK: Janelle and I met through the ACC Women’s Coffee Chat.  We met in person for the first time when we both attended a Red Sox game.  We became such fast friends that everyone assumed we had previously known each other!  It has been so helpful from a professional standpoint to have someone to call that has a similar role as I do because we encounter many of the same types of issues.

JP: Since then, we’ve explored Boston and more of New England, supported each other through career milestones and transitions, and enjoyed personal events like family parties and our engagements and wedding planning!  Joining ACC not only gave me great networking connections and resources, but also gave me a lifelong friend!

On July 17th, we had an amazing time at the ACC Northeast annual Summer Networking Party held at the Lookout Rooftop Bar in The Envoy Hotel, right in Boston's Seaport neighborhood.  From 6 p.m. to 8 p.m., our members and sponsors gathered to enjoy a fantastic evening of mingling and catching up with colleagues and old friends.  The sunset over the Boston skyline was the perfect backdrop for our event.

A big thank you to all our sponsors for coming out and making the night so special.  The event was so popular that the line was out the door to get in!

The food was definitely a hit, especially the mini lobster rolls and sliders – they were delicious!  Plus, the bar menu had some super creative cocktails that everyone loved.

Overall, it was a memorable evening filled with great conversations, tasty food, and beautiful views.  We can't wait to see everyone next year!

Navigating AI Integration and Governance
Sponsored by Bloomberg Law

On June 14th, ACC Northeast partnered with Bloomberg Law to present a half-day program specifically  tailored for in-house counsel on the opportunities and risks associated with using AI and ways to take advantage of these opportunities and manage the risks.  This enlightening program included two panels: one on examining AI tools and governance structures, and the other panel addressed engaging AI vendors and avoiding litigation.  Key takeaways included insights from Craig Hiltz, Assistant General Counsel and Beth Ebert of Microsoft, Evongelene Chamberlain, Senior Counsel, Data Privacy and Compliance, BitSight, and Nikhil Byahatti, Products and Technology Counsel, Netscout, on vetting, onboarding, and integrating AI systems responsibly and best practices for AI governance, including agile policies to keep pace with changing regulations and technology.  The program also provided opportunities to network and array of good food.

Our newest initiative is off to a great start!  Local Lunch Meet-ups offer our members more ways to network, interact and get to know each other.  These lunches bring together small groups of members to engage over lunch in a geographical area that is most convenient.  The lunches started in July and will be running thru September.  Each lunch is hosted by a Board Member closest to the area.  As one of the participants noted, “It is a really great way to connect with other members right in my area and to hear about the incredible things they're doing at their respective companies.  Lunch was a bonus!”

If you're looking for a fun way to get connected to other in-house members locally, definitely get yourself to one of our upcoming Local Lunch Meet-Up events!

LOCATIONS: Cape Cod, Worcester, NH, VT, RI, Boston, Metro West, North and South Shores

INTERESTED IN MORE NETWORKING OPPORTUNITIES?  Be on the lookout for the announcement of ACC Northeast’s new platform for getting connected with members which will be coming soon!

Pro bono opportunities available in the Boston area:

1. The Arts & Business Council of Greater Boston, which trains and places individuals for non-profit board service, and
2. Lawyers Clearinghouse, which has a large roster of non-profits seeking legal assistance on transactional matters, homeless individuals seeking legal advice, and also offers workshops and training.
3. Discovering Justice, which connects students in K-12 with legal professionals (through mentoring and speaking engagements) to help build a deeper understanding of our judicial system and the many paths towards justice.
4. Kids in Need of Defense (KIND), assists unaccompanied immigrant and refugee children who are fleeing violence and seeking protection in the United States. There is no court appointed counsel in immigration court, even for children, and about 60 percent of unaccompanied children do not have lawyers.  Many of the children are eligible to stay in the United States, but without a lawyer, 9 in 10 children will be ordered deported.  KIND works to ensure as many children as possible have high quality legal representation by recruiting volunteer lawyers from law firms, corporate legal departments, law schools, and bar associations.  KIND’s pro bono program provides all the necessary training and guidance and is designed so that no previous immigration experience is required.
5. Project Citizenship provides fee legal services to help eligible immigrants in New England apply for U.S. citizenship.  From determining eligibility through the naturalization ceremony, we work to make high-quality legal services accessible, focusing on the most disadvantaged and vulnerable communities.  We recruit volunteers to participate in-person and/or virtually at citizenship workshops (application assistance or "quality control" review) and at naturalization interviews to represent applicants with disabilities.  Training and real-time mentorship is provided; no immigration knowledge or experience is required.

“The Color of Law: A Forgotten History of How Our Government Segregated America”
Author: Richard Rothstein
Reviewer: Ruchi Sisodia Shah

As we enjoy the remainder of the warm weather months, I warn you that my summer book is not your typical fun beach read.   But it is a powerful one that will stay with you long after the last page and one that I highly recommend.  So, here we go…

The American Dream.  For most of us, the dream includes the opportunity to buy your own home in what my mother would say is a “good neighborhood with good schools.”  And yet, even now, there is a stark disparity along racial lines between those who own such a home and those that do not.  America is often called a melting pot, but our cities and towns tell a different story where white and black families largely live apart from each other.

Many may argue that this is a result of a de facto segregation (separation “by fact” rather than by law) and an injustice that our legal system has historically tried to remedy.  Richard Rothstein, a Distinguished Fellow of the Economic Policy Institute and a Senior Fellow (emeritus), vehemently disagrees.  In his book, “The Color of Law: A Forgotten History of How Our Government Segregated America,” Richard Rothstein expertly discredits the notion that residential segregation is solely a private matter of individual prejudices.  Instead, he shows that local, state and federal government actions prior to the Fair Housing Act of 1968 purposely denied African Americans the ability to purchase homes in middle-class neighborhoods.  And it is this that has largely led to the residential segregation, racial wealth gap, fewer educational opportunities, and less healthcare access for African Americans that we see today.

Rothstein takes a mountain of evidence, including real estate contracts, court papers, legislation, and newspaper articles, and distills it in a way where the reader can clearly see the government’s purposeful actions and its lasting effects.  When government public housing was first introduced, new homes close to job sites were immediately limited to whites, forcing African Americans to live far away in run down barracks.  The federal GI Bill meant to help veterans secure low-interest loans were administrated in a way that allowed mortgage lenders to refuse the same low-interest loans to African Americans given to white veterans.  Real estate contracts prevented buyers from selling their homes to African Americans, and the federal government refused to subsidize builders that did not prohibit segregation.  Those that tried were met by an angry public backed by local law enforcement.  White-only neighborhoods were built closer to cities with access to better education and healthcare.  Zoning policies allowed industrial sites and waste plants to only settle in African American neighborhoods.  The Federal Housing Administration would later deem these neighborhoods ineligible for insured amortized mortgages because of these same sites and plants.  

The examples of injustices seem endless, and it is not hard to see the vicious cycle that prevents the African American community from benefiting from the same opportunities afforded to others.  Rothstein makes it a point to clearly state that today’s wealth gap is largely due to African Americans being prevented from both realizing the income gains of the twentieth century and gaining the equity from home ownership denied to them through racial prejudice and government actions.   He strongly argues that because residential segregation was created by the government, the government is constitutionally obligated to remedy the situation.  In fact, the book was borne out of Rothstein’s disagreement with the U.S. Supreme Court’s 2007 opinion in Parents Involved in Community Schools v. Seattle School District No. 1.  In this landmark case, the Court struck down a school program meant to alter the racial makeup of certain schools to combat segregation, stating that the segregation did not result from de jure (by law) actions.  As summarized above, Rothstein lays out a strong case that residential segregation in this country did, in fact, result from de jure actions.

Whether you agree with Rothstein or not, I cannot emphasize enough the importance of this book.  It sets forth a history that we are often not told, but one that must be learned.  We cannot change the future for the better without understanding the past.  Not an easy fun beach read but one you will remember long after the New England winter has fallen upon us.

Massachusetts Attorney General Clarifies Position on Artificial Intelligence

The Massachusetts Attorney General’s Office (AGO) recently issued an advisory clarifying that existing Massachusetts law applies to artificial intelligence (AI) to the same extent as any other product in the stream of commerce.

Massachusetts Attorney General Andrea Campbell became the first attorney general in the country to share such guidance about AI. The advisory opens with a tribute to AI’s potential societal benefits and notes the Commonwealth’s special position in guiding the technology’s development.

However, the advisory’s central purpose is a warning to AI developers, suppliers, and users that Massachusetts law, including the Massachusetts Consumer Protection Act (Chapter 93A), applies to AI. This Act makes it unlawful to engage in unfair or deceptive business acts in the state of Massachusetts.

The AGO shared the following non-exhaustive list of unfair or deceptive AI business acts:

• Falsely advertising the quality, value, or usability of AI systems;
• Supplying an AI system that is defective, unusable, or impractical for the purpose advertised;
• Misrepresenting the reliability, manner of performance, safety, or conditions of an AI system, including statements that the system is free from bias;
• Offering for sale an AI system in breach of warranty in that the system is not fit for the ordinary purpose for which such systems are used, or that is unfit for the specific purpose for which it is sold where the supplier knows of such purpose;
• Misrepresenting audio or video of a person for the purpose of deceiving another to engage in a business transaction or supply personal information as if to a trusted business partner as in the case of deepfakes, voice cloning, or chatbots used to engage in fraud;
• Failing to comply with Massachusetts statutes, rules, regulations, or laws, meant for the protection of the public’s health, safety, or welfare.

The advisory leaves an important note reminding businesses that AI systems are required to comply with privacy protection, discrimination, and federal consumer protection laws.

AI Regulation Will Continue to Increase

You can reasonably expect that AI will increasingly be the subject of new regulation and litigation at the state and federal levels. At the national level, the Biden administration issued an Executive Order in October 2023 directing various federal agencies to adjust to the increasing utility and risks of artificial intelligence. In the wake of that Executive Order, the Federal Trade Commission has already taken its first steps toward AI regulation in a proposed rule prohibiting AI from impersonating human beings. The Department of Labor has announced principles that will apply to the development and deployment of AI systems in the workplace, and other federal agencies have also taken action.

In 2024, Colorado and Utah state lawmakers passed their own AI laws that will likely serve as models to other states considering AI regulations. Both the Colorado Artificial Intelligence Act and Utah’s Artificial Intelligence Policy Act serve to bring AI use within the scope of existing state consumer protection laws. Reflecting the AGO’s warning, plaintiffs have already started asserting privacy and consumer claims based on AI technology on business websites.

At the international level, the EU Artificial Intelligence Act of March 13, 2024 is an extensive AI regulation that separates AI applications into different risk levels and regulates them accordingly. Unacceptable risk applications are banned, whereas high risk applications are subject to extensive precautionary measures and oversights. AI developers and suppliers doing business in Europe should consider whether they are subject to the EU AI Act and ensure their product complies.

Preparing for AI Compliance, Enforcement, and Litigation Risks

There are high levels of uncertainty surrounding how AI will be deployed in the future, and how legislators, lawmakers, and courts will apply new and existing laws to the technology.

However, it is likely that compliance obligations and enforcement and litigation risks will continue to increase in the coming years. Businesses should therefore consult with experienced counsel before deploying or contracting to use new AI tools to ensure they are taking effective steps to mitigate these risks. Organizations should consider the following non-exhaustive list of measures:

• Developing an internal AI policy governing the organization’s and its employees’ use of AI in the workplace;
• Developing and/or updating due diligence practices to ensure that the organization is aware of how third-party vendors are using, or plan to use, AI, including due diligence concerning what data is collected, transmitted, stored, and used when training AI tools with machine learning;
• Actively monitoring state and federal laws for new legal developments affecting the organization’s compliance obligations;
• Ensuring that the organization and its third-party vendors have appropriate and ongoing governance processes in place, including continuous monitoring and testing for AI quality and absence of impermissible bias;
• Providing clear disclosure language concerning AI tools, functions, and features, including specific notifications when a customer engages with an AI assistant or tool;
• Modifying privacy policies and terms and conditions to explain the use of AI technology and what opt-out or dispute resolution terms are available to customers;
• Reviewing and updating existing third-party contracts for AI-related terms, disclosure obligations concerning AI and risk, and liability allocation related to AI.

# # #

If you have any questions about your company’s AI risk, or would like help determining whether you can take steps to improve your AI’s compliance and legality, please contact Melanie Conroy or Kyle Glover. Thank you to firm summer associate Drew Mondi for his contribution to this alert.

Melanie A. Conroy	Kyle J. Glover
617-488-8119 mconroy@pierceatwood.com	207-791-1289 kglover@pierceatwood.com

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Please join us in welcoming the following new and returning ACC Northeast Chapter members:

Dear ACC Members and Friends,

Spring is often a time of growth and rebirth, and for the ACC Northeast Chapter, it is a time to focus on our evolution as an inclusive community for in-house counsel.  Inclusion starts with attracting attorneys from diverse backgrounds and experiences to join our member base, enabling them to feel welcome and valued, listening to their points of view, and working on ways to retain and develop them to elevate their participation in the broader in-house legal community. 

We have an important role to play in driving greater inclusivity in our own organization and in the wider in-house legal profession.  One way in which we have worked to develop deeper, more meaningful experiences for our members this spring, while we embrace our different individualized characteristics and perspectives, has been to collaborate with our peer bar associations and legal professional organizations. 

In February, we co-hosted with the Boston Bar Association (BBA), “The Path to In-House Counsel.”  This was the first program in a two-part series that explored the in-house legal practice.  This program was tailored to law students and new attorneys and emphasized different approaches to searching for an initial in-house role, and how to succeed from the outset.  This week, we co-hosted the second program at the BBA, Navigating and Advancing Your In-House Career.  The second installment focused on the potential pathways for advancement in an in-house career, and the skill set needed for success.  This collaboration with the BBA advances the first step to better inclusivity – exposing individuals early in their legal career, including law students, to the benefits of the ACC. 

In March, we also collaborated with the BBA by co-hosting an in-house counsel DEI networking reception at the BBA.  This affinity bar mixer was a wonderful opportunity to foster connections among in-house counsel members of the Asian American Lawyers Association of Massachusetts, Hispanic National Bar Association-Region 1, Massachusetts Association of Hispanic Attorneys, Massachusetts Black Lawyers Association, Massachusetts Black Women Attorneys, Massachusetts LGBTQ Bar Association, and the South Asian Bar Association of Greater Boston.  In May, my wife Rebekah and I attended the Massachusetts Black Lawyers Association (MBLA) annual gala representing the ACC Northeast Chapter, where we learned more about the impressive work that the MBLA is completing on behalf of their members.  We look forward to deepening connections with all of the local affinity bars in 2024. 

We continue to improve upon the way we welcome the newest members of the ACC Northeast Chapter.  We now host New Member Welcome sessions, a program that we started in 2023 where our board members provide an overview of our chapter, and educate new members on how to make the most of their membership.  Recently, we expanded the new member welcome initiative to include a Corporate New Member Welcome letter, which we send to the general counsel of new corporate member companies, an individualized approach to engaging with our newest company members.  These initiatives are designed to bring a more personalized approach to our initial engagement with our newest members, and to foster more inclusivity. 

With Mental Health Awareness month in full swing, it is also worth reiterating the focus on attorney well-being that I wrote about in the last quarterly newsletter.  The ACC Northeast Chapter continues to deepen our collaboration with Lawyers Concerned for Lawyers to highlight the unique stressors that in-house attorneys face, and the ways in which our organization can facilitate opportunities for connection and to seek support among peers within our membership base.  Enabling exploration of various mental health topics and providing access to well-being resources is a main tenet of inclusivity in our organization. 

In the coming months, we will release a new initiative that strives to provide regional-based networking for our members.  We know that to meet our members’ needs, we need to meet members where they are located.  This concept was created by ACC Northeast Chapter board member, Patrick Wu, who will lead the initiative in partnership with other ACC Northeast board members, who will host local lunches to provide networking opportunities for members in select geographic locations.  We hope that these micro-meetups, outside of our normal event locations, will enable more members to participate in chapter activities from the convenience of a location near them, and to experience the power of our inclusive community. 

If you have thoughts on how to make the ACC Northeast a more inclusive community, we would love to hear from you.  We hope to see you at a chapter event soon.

Sincerely,

James Coughlin
President, ACC Northeast Chapter

FOCUS recently sat down with Cassandra Benito, Senior Corporate Counsel - Compliance at NETSCOUT, a global company providing application and network performance management and cyber security solutions. Cassandra is a newer member to our chapter, having recently relocated to the Greater Boston area. Join FOCUS as we talk to Cassandra and learn more about her career path and how she got involved with ACC Northeast.

Please tell us a little bit about your company and your role there.  What are your responsibilities and what does a typical day look like?

I work as a Senior Compliance Counsel at NETSCOUT.  NETSCOUT’s mission is to protect the global leaders of industry from the risks of disruption, allowing them to solve their most challenging network performance and security problems, ensuring the connected world runs safely and smoothly.  As a member of the Compliance team, my mission is quite similar.  I provide guidance geared toward helping ensure our business teams can work successfully within the legal and regulatory parameters.  There are no typical days for me, but most days there is a new question (or variation of an older question) that will come my way that I will have to review, research, and provide written guidance about.

What was your career path?  What drove you to become a lawyer?  How did you get to where you are? 

I’ve always loved learning.  When I was in undergrad, I wasn’t sure what I wanted to do with my life, and I may have watched Legally Blonde too many times!  Law school seemed like a great choice because what I would learn there could be transferrable to most career paths.  Since I graduated right after the “Great Recession” finding a legal job was quite difficult.  I was lucky to land a job in public service and began my 10-year career working for the City of New York.  There I was able to handle all sorts of in-house counsel type work: drafting contracts, working with litigation counsel, and providing legal guidance on numerous topics to our business units.  After those 10 years, I was ready to make a move – out of public service and out of NYC.  I knew I wanted to get into an in-house position doing compliance work, preferably with a tech company, so when I found the posting for NETSCOUT, it was the perfect match and it got me to be able to move up here.

How did you hear about ACC Northeast?  What made you excited to get involved in the ACC Northeast Chapter? 

My supervisor and colleague are both active members of ACC Northeast and encouraged me to join!  As a person who was new-to-the Greater Boston Area and a new-to-private sector in-house counsel, I was eager to join an organization that could help me grow both professionally and allow me to grow my local network.  I have tried to attend as many of the events as I can (both virtually and in-person) and I have loved the variety of opportunities that the ACC has organized. I have attended webinars, in-person seminars, indoor mini-golf, networking events, and the Peer-to-Peer Connect program.

What are your interests and hobbies outside of work?  What do you do to decompress and relax? 

I love spending time with my husband and our 2 dogs.  We have a mini-labradoodle (who is almost 10 but acts 3) and a mini-schnauzer (who is 8 months old and looks like he’s 80)!  I enjoy trail-walking, and I’m looking forward to being able to get out on my kayak this summer.  I also play golf a couple times a month, because it’s one of my favorite ways to spend the day when the weather is nice.  In addition, after a very busy year last year where almost all my weekends were booked up with house-hunting, I am looking forward to a summer of exploring all there is to do around the area. 

Do you have any advice you have for members, either professionally or personally? 

My biggest piece of advice is to network. This is especially important for newer attorneys, those looking to move to a new industry or specialty area, and for those who are new to a location.  I’ve found that attending the wonderful events that are offered by the ACC, is a great way to grow your network.

The Access to Justice Fellows Program: Pro Bono in Retirement

“It can be very isolating to retire, and this program gives people a whole new way to engage.  I get to sit down with other Fellows, talk about these problems, try to unravel them, and do something good about them; it’s a great thing.” - John Bowman, 2015-2016 Access to Justice Fellow, Jobs Not Jails

The Access to Justice Fellows Program offers senior attorneys and judges the opportunity to take on meaningful pro bono projects as they wind down or retire from day-to-day practice.

Fellows partner with nonprofits, legal services organizations, and the courts to work on a variety of initiatives, such as creating and expanding programs to enhance access to justice, mentoring junior attorneys, representing clients, and advocacy work.

Nearly 200 Fellows have participated in the program since 2012, and 80% of past Fellows continue to volunteer once their Fellowship year has ended. This program is a great way for senior attorneys to use their specialized skills and experience to do engaging pro bono work, remain active members of the legal community, and help people and groups in need.

Interested in becoming an Access to Justice Fellow?  Lawyers Clearinghouse is currently recruiting for the 2024-25 Fellows Class! Check out the Lawyers Clearinghouse website or contact Lawyers Clearinghouse Executive Director Susan Gedrick for more information.

Perennials Initiative

The ACC Northeast Chapter recently kicked off a new initiative focused on more senior/experienced members of the chapter.  Board member, Sharon Kamowitz, who is spearheading the initiative, shared:

"The idea crystallized at the 2023 Summerfest event (the first such event post-pandemic).  It was a beautiful summer evening, but when I looked around, I realized that many formerly active members with whom I had hoped to reconnect were not in attendance.  Having recently seen that other bar associations had groups focused on older members, I floated the idea to several people who had indeed ventured out to Summerfest.  Each one of them offered to work on this effort!  Thus, the Perennials Initiative germinated and sprouted.  (The name is based on the flowers that grow back each year.)

A kickoff call with a number of former Board members was held in early April, with another meeting scheduled for May.  Possible program ideas flowed freely including:  career transitions, consulting, workplace succession, maintaining relevance at work, generational issues, staying active, networking and social events, teaching, mentoring, volunteering, and joining for-profit and nonprofit boards."

If you would like to get involved in the Perennials Initiative, please contact Julie Duffy at juliesduffy@gmail.com.

"I attended the ACC’s Clinic-in-a-Box® program as the Board co-chair of a non-profit organization called the Victim Rights Law Center, which provides free civil legal services to sexual assault survivors.  I attended with the VLRC’s Deputy Director, Stephanie Holt.  VRLC has participated in the Clinic in the past, and we’ve found it to be a terrific way to stay on top of the organization’s policies and practices.  Stephanie and I appreciated the practical advice on the VLRC’s employment policies.  The volunteer lawyers, from local in-house legal departments, reviewed a checklist of key policy terms with us and we made edits to update our policies on the spot — a great way to network with other lawyers and stay on top of our policies!"

- Krista Pratt, ACC Northeast Board Member and Clinic-in-a-Box® Participant

How to be a Trusted Advisor with guest speaker, Stewart Hirsch
Hosted by Caldwell Intellectual Property Law

Practice and Career Management may no longer be a standalone committee within ACC Northeast, but the focus on professional development and soft skills remains a central focus of our Chapter’s programming.  On April 11, 2024, the Chapter held an event entitled How to be a Trusted Advisor, hosted by ACC Northeast Chapter's sponsor, Caldwell Intellectual Property Law, in their offices looking out over Copley Square and Back Bay.  The program was designed to enhance trust-based relationships in the professional arena, making it a unique opportunity for attendees to focus on their soft skills development in an engaging, round-table format.

The program was led by Stewart Hirsch, the founder of Strategic Relationships LLC.  With his rich background as both an executive leadership and business development coach along with substantial experience as a former practicing firm and in-house attorney, Hirsch brought a wealth of knowledge and practical expertise to the attendees.

He led attendees through key components of the Trust Equation, a concept from the book The Trusted Advisor that offers a formulaic approach to understanding how individuals can judge trustworthiness.  The equation broke down trust into its key components—credibility, reliability, intimacy, and self-orientation — providing a clear framework for attendees to analyze and improve their trust-building efforts.  The session was highly interactive, with attendees sharing various words we associate with trust (dependability, honesty, credibility, and confidence were just some of the examples) that Hirsch weaved directly into their appropriate places in the trust equation.  Hirsch provided practical tips on how to move away from being a mere subject matter expert and how to advance a trust relationship into one of becoming a trusted advisor.

A key takeaway was the understanding of how building trust, even in a work setting, requires just as much emotional intelligence as it does intellectual intelligence.  We left with a heightened sense of confidence in our ability to shape and guide our professional relationships effectively.

Huge thanks to Stewart Hirsch for his enlightening presentation and to Caldwell for hosting such a terrific event!

A Review by Rebecca Liubakka 
Communications Committee Member

Are you on a career path or are you creating a career portfolio?   What impact have COVID, Clocks and Catholics had on your life?  In his bestseller, Life is in the Transitions, Bruce Feiler argues that in this post COVID, Post Industrial, Post Roman Empire age, Americans no longer live a one job, one relationship, one source of happiness life.  Instead, we live a nonlinear life, filled with dozens of disruptions, that often lead to a life transition.

Half of our lives are spent in an unsettled state.  We have inherited so many decisions to make, decisions our ancestors took for granted.  Gone are the Mill Horns to indicate it was lunch time, closing time, a snow day.  When was the last time you heard a test of the television’s emergency signal, instead, you may get Amber Alerts on your phone, and you may choose to ignore it.  It may or may not impact your actions for the day.

After years of interviewing people about their lives, Feiler identifies 52 common life experiences that cause change in a lifetime.  Some are voluntary, some are involuntary.  Some are personal, some are collective.  They may be internally motivated, or externally motivated.  Interestingly, and generally, ALL of them require the same skills in order to navigate these changes.  Feiler encourages readers to consider what is their transition superpower and transition kryptonite?

While his book looks at Transitions, Disruptors and Lifequakes in terms of personal experiences, I believe this perspective is important to consider also in terms of the corporations that we serve.  Confirming that change is inevitable, important, and requires a set of skills that can be identified and taught, brings important ideas to those of us who spend our lives watching and preparing for risk.

Whether you are in the midst of your own disruptor (most people experience one every 12 to 18 months) or are leading a company through the aftermath of COVID (be it from a corporate office, or a home office), I recommend you spend time contemplating modern decision making:  A slow “Should” Train (e.g., you should have a job before you get married); The paralyzing effect of so many decisions; and the ABC’s of your motivations (Agency, Belonging, and Cause).  It will make you a stronger leader in your own life, and your corporate life.

I can’t tell you where I learned about this book, but it’s been in my e-library hold for at least 6 months.  I pushed myself to read it for this newsletter.  And it was a push.  But even just swimming in Bruce Feiler’s peripheral materials (TED talks, podcasts, articles in Psychology Today) is worth the time.   Recognizing transitions as they are occurring, and trusting in your leadership skills can help you and your community daily.

Businesses: Is Your Company Ready for a Litigation Hold?

By Jennifer L. Parent, Director, Litigation Department & Chair, Business Litigation Practice Group

Destruction of evidence found not only in drafts of documents but in emails, collaborative tools, texts and the like is a serious legal infraction, whether the destruction was intentional or accidental, and may lead to court sanctions such as adverse inferences or dismissal of claims in a case, fines, or payment of the other side’s attorney’s fees in a lawsuit.  The duty to preserve documents and electronic information usually falls on the shoulders of in-house counsel or business managers who address the issue early in a dispute.  Understanding when the company’s preservation obligation begins and assessing what internal steps the company needs to take are critical to protecting any business.

The volume of electronic data created on a daily basis is impressive and increases the stakes that something gets lost.  The continued use of email on both company-owned and personal devices creates its own challenges.  Add to that the number of collaborative tools being used by companies in the workplace such as Slack, Zoom, and Microsoft Teams and the amount of data held within those applications.  Consequently, it is not surprising that companies are dealing with the complexities of preservation, collection, and production of this Electronically Stored Information (ESI) in litigation.

Spoliation is the destruction or significant alteration of evidence.  It includes the failure to preserve evidence when litigation is pending or reasonably anticipated.  The obligation to preserve information arises when a party has notice that the information is potentially relevant to litigation or when a party should have known that the information may be relevant to future litigation.  In other words, evidence must be preserved when litigation is "reasonably anticipated."  The usual circumstances kick-starting this duty might be a lawyer’s demand letter, notice of a complaint with the EEOC or state agency, or notice of a lawsuit.  Depending on the circumstances, the duty to preserve may arise even before this.

A litigation hold, also referred to as a legal hold, should be sent when this “reasonable anticipation” obligation arises.  Legal holds notify individuals within an organization of their duty not to delete, destroy, or alter electronic information.  Companies must also put measures in place to cease any auto-deletion processes to ensure no relevant information is being lost.

Determining what information must be preserved depends on two variables: (1) who is involved; and (2) what documents those people have.  When a reasonable anticipation of litigation arises, a company should immediately ascertain the key employees who are likely to have relevant information. That inquiry inherently requires an investigation of the types of information or documents each key player may have and the locations where that information may be stored, including documents in various electronic forms and mediums (desktop, laptop, server, thumb drive, collaborative apps, audio, camera, smart phone, etc.)

Failing to take the necessary steps to preserve and gather relevant information can be a game-changer in a company’s lawsuit if sanctions are issued.  A company can take a number of different actions to meet its obligation, the most common of which may include:

1. Work with IT people to gather all backup tapes and other electronic storage mediums that contain electronic documents and place them in a secure location and to ensure that routine data destruction measures are appropriately stopped according to the hold.
2. Determine the scope of the litigation hold (including subject matter and issues, key players, location of data, and relevant time periods) and promptly stop automatic destruction processes on all different devices until the proper scope can be determined.  
3. Issue litigation hold notices to key players and IT, informing them that there is a hold on the destruction of any information subject to the preservation obligation.  Key players should be reminded that preservation includes all information within the scope identified no matter where the data is located – for example, work cellphone or personal cell-phone.
4. Interview key players and determine any required expansion of the scope of the hold and segregate them to prevent any destruction.
5. Make any electronic forensic images of the hard drives of laptops, smart-phones, and other electronic devices of the key players at the time litigation is reasonably anticipated.

The obligation to preserve evidence does not end at the first instance that a company reasonably anticipates litigation. That is only the beginning.  As a company learns more about a potential dispute, it should reassess whether it has preserved all of the evidence that it must preserve.  Reassessment includes identifying any additional key players, determining whether new issues require broader preservation, and ascertaining any broader time periods than initially preserved.  Sending out reminders or new litigation holds is advisable.

It is critical for companies to understand and recognize when the obligation to preserve arises and the steps they are required to take to ensure those obligations are met.  The repercussions to the company can be significant otherwise.

Want to see what you missed?  Visit our Photo Gallery page!

Be sure to download and listen to new episodes of ACC Northeast's podcast, Around the In-House. Hosted by ACC Northeast Board Members, Ruchi Sisodia Shah and Alex Aferiat, each episode of the podcast interviews a member of our diverse chapter.  Each episode is filled with insights and advice that you can only from others in our community.  Listen Here!

And a special thank you to our state sponsors:

• Downs Rachlin Martin PLLC (Vermont)

• McLane Middleton (New Hampshire)

• Pierce Atwood LLP (Maine)

Dear ACC Northeast Chapter Members and Friends,

As we hit the ground running in 2024, we feel a deep appreciation and gratitude for you, our members. Our ACC Northeast Chapter Board and Committees are here to serve you and your needs, and we are pleased to report that the health of our Chapter is strong. 2023 was a stellar year for us, a year in which our total membership grew 9%, to reach 1,442 members across our Chapter. Our recruitment efforts yielded a 31% increase in new memberships, and our member retention increased by 4% year over year, respectively. We’re proud of these results, and we recognize the role that each of you played in communicating the value that the ACC Northeast Chapter creates for you and your career, to friends and colleagues.

We recently conducted our annual membership survey, which received nearly 100 responses.  We learned valuable feedback on critical components of our work, such as how we are doing overall, where our members spend their days working, preferred locations for our programing, and the most relevant program topics.  This information helps inform the direction that we take in 2024 and plays an important role in our Chapter’s strategic planning process.

The membership survey is not a new process, and last year’s focus highlights the impact of our members’ perspectives. In January of 2023, we conducted our annual membership survey, and in February and March, we held targeted member listening sessions. One of the top career priorities shared with us was a desire for more professional development and networking opportunities. Because of this feedback, we created the Peer Connect Leadership Development series, which aided in the professional development of 33 members. In December, we hosted “The Modern In-House Practice: Navigating Today’s Business Landscape” alongside our sponsor Mintz, which emphasized peer to peer learning. These are real ways in which your feedback guided the direction of our programing in 2023, and our Membership Committee is analyzing the responses for inclusion in our strategic planning for 2024.

An often less talked about reality for in-house counsel is the unique stress that our in-house legal careers place on us, which is why we recently renewed a collaboration with Lawyers Concerned for Lawyers, Inc. (“LCL”).  LCL is a Massachusetts-based organization with a mission of promoting well-being within the legal community.  In early 2024, LCL and ACC Northeast plan to co-host a multipart series on in-house attorney well-being, designed to offer practical strategies for coping with stress and suggestions for improving your overall well-being.  There will also be opportunities to connect with peers, to learn from their experiences, and to seek support from our broader community.

 

Based on the nature of our role as legal counsel to one organizational client, in-house attorneys often face unique pressures and stressors that come with providing embedded legal support to a business.  In-house attorneys report feeling isolated, especially those in senior leadership positions and those in smaller legal departments.  The nature of our relationship to our clients can often lead clients to misunderstand our role, perceive the in-house legal department as a barrier to corporate objectives, or lead to unrealistic expectations about our knowledge on all areas of law.  ACC Northeast sponsor, Bloomberg Law, conducted the “Workload & Hours Survey” in 2023, which found that in-house counsel reported working more hours than those reported by their law firm peers surveyed, and nearly half of those in-house attorneys surveyed reported a decline in their well-being in the first half of 2023.  Broadscale layoffs in certain industries in 2023 exacerbated the pressures that in-house counsel face on a daily basis, as workloads increase and our drive for perfection as professionals persists.  The mental health challenges in our profession know no bounds, so I encourage you and your colleagues to lean on the ACC Northeast, LCL, and other state-based lawyer assistance organizations to support you in your journey.

Speaking as someone who has relied on my employer’s Employee Assistance Program benefits for counseling and leadership coaching over the years, mental health resources can enable you to be your best self and do your best work.  We work with nutritionists to support our dietary goals, physical trainers to support our physical well-being, and I encourage you to connect with a mental health professional in 2024 to help you feel your best.

Thank you for your contributions to our vibrant community – I look forward to seeing you in 2024!

Sincerely,

James Coughlin

President, ACC Northeast Chapter

ACC Northeast added three new board members in September of 2023. FOCUS recently sat down with Jason Ellis, Danielle Lemack, and Krista Pratt, to help our chapter members get to know them a little better. These three members bring a wealth of knowledge and experience to the ACC Northeast Board.  Join us in finding out a bit more about Jason, Danielle, and Krista.

Please tell us a little bit about your company and your role there. What are your responsibilities and what does a typical day look like?

Jason Ellis (JE): I hope that everyone already knows of and shops at their local Staples store. What I hope to convey is that today’s Staples is not the same as when you may have done your Back-to-School shopping there years ago. With approximately 1,000 stores in the US, our business has dramatically evolved to focus on service offerings including Print, Signage, Shipping, Unpackaged Returns (think Amazon, Happy Returns), iPostal virtual mailboxes, Travel (TSA PreCheck and Passport Photos), along with a curated assortment of products to complement these services. This shift in business lines presents many new and different legal challenges to address when operationalizing these offerings. Those challenges are why I love working in-house, alongside the business. Along with overseeing all legal issues for the company, as General Counsel and Chief Compliance Officer, I manage Environmental, Health, and Safety, Risk Management, Loss Prevention and Compliance. That provides a tremendous variety in what each day may hold. One day there will be employment matters, another will present an insurance renewal, others will focus on large litigation in California, others will address OSHA and Compliance matters – which is reason #2 of why I love working in-house.

Danielle Lemack (DL): For more than 170 years, the name Hood® has been synonymous with fresh, quality dairy products that taste great. Founded in 1846 in Charlestown, Massachusetts, the company has since extended its New England roots, and today Hood is a national company distributing dairy and dairy alternative products throughout the United States.  In addition to the Hood brand, we manufacture Lactaid, Almond Breeze, Planet Oat, Heluva Good!, and Brigham’s products.  As one of Hood’s lawyers, I counsel business clients on a wide variety of matters, including advertising, food packaging and regulatory compliance matters, licensing, privacy and information security, contract negotiation, and litigation strategy. I also oversee Hood’s Product Regulatory Affairs team, where I lead a talented group of professionals who ensure Hood’s food labeling and advertising meeting regulatory requirements.   I need to be able to assist with whatever matter arises, so a typical day requires me to be flexible, collaborate with my business partners, and provide business-focused advice.  Every day brings something new and interesting.

Krista Pratt (KP): I serve as Chief Employment Counsel at Biogen, a pharma/biotech company.  I provide legal guidance on HR matters and support our Human Resources team in 40+ countries. My typical day includes a lot of emails and phone calls, but the type of work varies widely. On any given day I could be handling a workplace misconduct investigation in the US, advising on HR issues for a merger/acquisition, interacting with the Compensation Committee of the Board, or overseeing an employee lawsuit in Brazil. I love the variety!

What was your career path? What drove you to become a lawyer? How did you get to where you are?

JE: I’m a 3rd generation Massachusetts lawyer, so it is kind of genetic. I have worked both in private practice and in several companies and enjoy each setting. I started out as a real estate lawyer which always seemed to be a calling of mine.

DL: Since I was a young girl, I wanted to be a lawyer. I was drawn to the profession because I felt that I could help people solve problems.  Following law school, I started my legal career at a boutique intellectual property law firm in Chicago, Pattishall McAuliffe. I was excited to work with tangible brands that had an impact on people’s daily lives. My practice focused on trademarks and advertising and I had the opportunity to counsel clients on branding issues, manage brand protection efforts, direct litigation, and draft commercial agreements.  I realized I enjoyed working closely with business clients to help drive results. I transitioned my career and started working with Axiom, where my first secondment was with Hood. I loved it so much; I joined Hood’s legal department and I’m still here.

KP: I always wanted to be a lawyer.  In high school, I had a teacher who encouraged me to apply for an AFL-CIO scholarship, which required a labor history test.  I got the scholarship and decided to major in Labor Relations during college.  My interest in labor history and the modern HR movement led to me focusing on employment law during and after law school.  I was an employment litigator two large law firms for over 10 years before going in house.

How did you hear about ACC Northeast? What made you excited to get involved in the ACC Northeast?

JE: When I started working at Staples our department was very active with ACC Northeast and I was able to get some great exposure. Eventually I started to join some panels and committees. To be clear, other than ACC there is no organization that focuses on the in-house legal department as a career setting. This holistic approach to the challenges and opportunities of our profession is invaluable. I was so honored to eventually join the ACC Northeast Board because it really impacts this part of the legal profession that is otherwise underrepresented.

DL: One of my colleagues was very active with ACC Northeast and spoke about how beneficial the organization has been. I first got involved with ACC Northeast when I was on the In-House Counsel subcommittee and participated in drafting recommendations for the Justices of the Supreme Judicial Court about how to improve attorney well-being. I was impressed with the people in the organization and everyone’s commitment to supporting peers within the legal profession.  I later started working with the Programs Committee, where we seek to have events that support lawyers in their professional growth.  As I have become more involved with ACC Northeast, I have become more convinced of the value the group brings to member attorneys – from practical knowledge, to networking, to peer support. In-house counsel is a hard role and ACC Northeast is an invaluable resource for me.

KP: As soon as I took an in-house role, so many people mentioned the ACC to me.  My law department has a membership, so I signed up for the ACC Northeast mailings and attended a national ACC meeting.  I was hooked! So many great resources and opportunities to connect with my peers. It was a great way to acclimate to as a new in-house lawyer.

What are your interests and hobbies outside of work? What do you do to decompress and relax?

JE: I just love to be outside, so my hobbies follow the seasons – fishing, sailing and surfing in the Summer, mountain biking as we head into Fall, snowboarding all Winter, back to mountain biking in Spring, and repeat. I also make rustic furniture as time permits.

DL: I very much enjoy being active outdoors. I am an avid skier and consider Cannon my home mountain (although I love ski trips out west). In the summer, I enjoy hiking in the White Mountains. Each year, I try to plan a special adventure vacation with my family. Our most recent was visiting the Galapagos.  I have two sons who play lacrosse, so I’m also a lacrosse mom.  On a quieter note, I love to read.  Each day, I try to exercise, which helps me decompress and have some time for myself.

KP: I love antiques, rehabbing old furniture, going to shows (comedy and music), reading, and walking my dogs. I also try to spend as much time at the Cape as possible, especially going to the beach with my husband and kids (both human and fur babies).

Do you have any advice you have for members, either professionally or personally? This can be advice for those just starting in their careers, or tips for experienced lawyers.

JE: Every chance I get, I urge lawyers to be intentional in their career path. Sometimes things may fall into place but by and large we all need to put ourselves in a position to succeed. That means telling your manager of certain interests you would like to gain experience in, or getting out to an ACC event to learn and connect with others with your interests. One of my favorite sayings is luck is the intersection of preparation and opportunity.

DL: My top three pieces of advice are:

1. Find joy in your job – We all work hard, and while nobody loves work every day, it is important to like what you do. Whether it be the legal work, helping your business succeed, or the people with whom you work, it is important to find personal satisfaction in this important part of your life.
2. Rely on your network – In-house counsel can be a hard job and it is important to seek advice and help when needed. From the peers on your team to your law firms to your network within ACC and other organizations, there is a vast group of people from whom you can seek to learn and get support.
3. Make time for you – Our jobs require us to work hard and we have busy family lives. It is important to take time to decompress and take care of ourselves as individuals. We all will be better in every aspect of our lives when we do so.

KP: For me, transitioning from a firm, where I had many colleagues who shared my practice area and expertise, to in-house required me to be intentional about keeping connected to other lawyers in my space. Just having people to bounce ideas off of, see how they are handling similar challenges, share best practices and stay updated on changes. My advice is to leverage organizations like the ACC and bar associations to keep those connections.  That is not only important for your current role, but also those same connections can help with career transitions and new opportunities.

The mission of Lawyers Concerned for Lawyers (LCL), a non-profit organization, is to promote well-being and resilience in the legal community, improve lives, nurture competence, and elevate the standing of the legal profession.  Please visit their website at: www.lclma.org or call 617-482-9600.

Massachusetts LCL Services — For other states please visit: Lawyers Assistance Program Directory

LCL provides assessment and consultation for addiction, substance use challenges, mental health concerns, and law office management.

• LCL’s services are free.  A portion of bar dues collected from lawyers is allocated to their work.  As a result, they do not charge for these basic services to lawyers and members of the legal community.
• LCL’s services are confidential.  The Massachusetts Rules of Professional Conduct Rule 1.6(d) protects communications of clients seeking services from LCL, the same as communications between lawyers and their clients.  In addition, those seeking mental health treatment receive the same protections every person receives regarding their treatment information.  That means LCL does not disclose client information without the client’s consent or a court order.  It also means that seeking treatment or consulting LCL for law office management will not be the basis of any disciplinary action.
• LCL’s clinical staff are licensed professionals with many years of experience, including some who specialize in addiction treatment.  After providing clients with a one-on-one assessment, the clinical staff assist the client in accessing the help they need in the community.
• LCL’s knowledgeable and experienced professionals are available to provide educational presentations to legal employers, law firms, bar associations, judges, law schools and agencies throughout Massachusetts.  The goal of these programs is to raise awareness of LCL services, provide education about the impact that substance use and mental health conditions have, as well as help the legal community achieve and maintain its well-being.

Please visit the LCL website or call 617-482-9600 for more information about webinars and resources to improve lawyers’ well-being.

A Retrospective on the Practice and Career Management Committee (P&CM) by Sean Devlin

I joined the ACC Northeast Chapter in 2011, fresh out of law school and just starting my first solo in-house legal position at a small but growing utility services business in Boston. At this early stage in my career, I found myself gravitating towards the Practice & Career Management Committee’s program offerings. I attended numerous (in-person) events and met and learned from seasoned GC’s volunteering their time and expertise. This experience was so impactful that I joined the Committee in 2013 and have been an active participant to this day.

With this sentimental staging behind us, I’m excited to share that the P&CM Committee has now become a “subcommittee” of the ACC’s Program Committee.

We’ve all experienced (or I guess some may be lucky enough to have only witnessed) disastrous corporate reorganizations. This is not the case here! For starters, this merger of equals came about organically over time as both Committees refined their goals. We’ll have better coordination of overall Chapter programming and more consistent messaging for our members and sponsors. And, the ever popular Around the In-House podcast, a child of the P&CM Committee, will remain in full force within the Communications Committee, broadening its subject matter and reach. There is more than enough work to be done on the Programs Committee, which has enthusiastically welcomed the energy and creativity of the P&CM Committee volunteers.

I’m very excited about future programs focused on practice and career management being offered through the Programs Committee and grateful that the ACC will remain focused on offering programming that is so valuable to its membership.

UP NEXT: Elevating AI Best Practices in Contract Lifecycle Management on February 29th!

A Review by Kelly Whetstone

I recently picked up a hard copy of a book that struck me with its substantial size, signaling a lengthier read than my usual picks.  At 600 pages, it far exceeded the typical length of a leisurely beach read.  Surprisingly, delving into Hill's narrative didn't prolong my reading solely due to its extent - Hill’s writing style is remarkably engaging, compelling me to swiftly devour the pages.  What extended my reading experience was the frequency with which I paused to contemplate my own life.

"Wellness" narrates a story that likely resonates with many members of ACC Northeast.  Hill’s central characters, Jack and Elizabeth, cross paths during their college years in the '90s, envisioning a promising future together.  Their aspirations are vivid, but fast-forwarding twenty-plus years, we find them grappling with the intricate juggle of careers, parenting, and their marriage.  They navigate the complexities of aging parents, the delicate balance of PTA dynamics, and the omnipresence of social media while questioning their core values and self-identity.  "Wellness" interweaves parallel tales, showcasing Jack and Elizabeth in their vibrant 20s juxtaposed with their introspective selves in their 40s, alongside side narratives involving their friends and parents.

Despite the novel's exploration of darker moments, "Wellness" ultimately leaves readers with a profound sense of hope.  It subtly suggests that what might have sufficed for our mental and spiritual well-being in our youthful days might not hold the same significance in our later years.

What’s Next for AI?  Six Areas to Watch in 2024

By: Martin Gomez, Daniel M. Isaacs, Joel E. Lehrer, Gretchen Scott, Omer Tene

GenAI emerged as a transformative force for businesses in 2023. Here's how AI and the legal landscape could evolve this year.

Generative AI (GenAI) surged to the forefront of corporate agendas and public policy debates last year, promising to boost productivity and innovation. What’s in store for AI in 2024?

Companies will increasingly turn to new AI tools, offering enormous potential economic benefits across the world. GenAI could add as much as $4.4 trillion in annual value to the global economy, which — to put that in perspective — would exceed the size of the UK’s economy, according to consulting firm McKinsey.

Novel AI tools that can identify new materials and compounds could dramatically accelerate scientific discoveries, such as drug development and the creation of materials for use in batteries, solar cells, and other clean technologies.

Continued innovation will likely help sustain a venture-capital gold rush into AI startups this year. The rapid evolution of AI will also lead to more legal cases, including those concerning intellectual-property rights of AI-generated content. Courts will begin to weigh in on some of these issues in 2024, but legal clarity will take years to establish. In the meantime, businesses should prepare for the expected passage of the EU AI Act, a set of AI rules that is global in scope.

Without a crystal ball, we cannot predict exactly how AI developments will unfold. But here is what we expect might play out in six key areas of AI in 2024:

1.  A surge in new GenAI tools will carry licensing challenges.

Many companies began using GenAI chatbots over the past year to capitalize on their human-like ability to answer questions, write code, and review documents. This year, expect an influx of new GenAI tools, some of which build on preexisting technologies. Imagine all the different ways a GenAI chatbot could be incorporated into search engines, browser extensions, and word processors.

Businesses looking to acquire these new tools will need to navigate some risks that can arise from AI licensing deals. AI tools are often built on third-party data, which can be associated with intellectual-property and privacy risks.

The bottom line is that companies seeking to integrate these AI products need to understand what data these AI systems use and how they use it.

2.  Pressure on patent laws will mount.

New AI tools are making discoveries beneficial to the life sciences industries, from desirable protein binding target sites to designs for novel chemical compounds and other therapeutic materials. These sorts of technologies could revolutionize drug development, but current judicial precedent might hold back some of the potential gains.
 
Patent law currently does not allow patenting of subject matter for which AI is the sole inventor. In Thaler v. Vidal, a federal appeals court determined that an AI platform could not be listed as the sole inventor because AI was not a “natural person,” or human.
 
Some drug makers might not use AI to invent new products unless the law changes and clearly allows them to patent their AI-generated work. Patents are particularly crucial for drug companies because drugs are a reverse-engineerable technology. If company A does not have a patent on its drug, company B could reverse engineer — or replicate — company A’s drug once it enters the market.
 
Companies in other industries, such as software, are less likely to deal with concerns of reverse engineering but have always faced a difficult choice between seeking patent protection and maintaining their innovations as trade secrets. The current patent laws might tip the balance and encourage more software companies to keep their AI-generated inventions as trade secrets rather than patenting them.

3.  Copyright cases will proliferate.

Courts will begin to consider cases that could result in new precedents for how copyright law applies to AI-generated work and to AI tools. Legal clarity will develop over several years, with cases this year marking a preliminary step in the crystallization process.
 
Courts will start to hash out to what extent individuals and companies can copyright AI-generated work. Similar to patent law, the courts have confirmed that creative subject matter created solely by AI cannot be copyrighted; however, works that include AI-generated material appear to be copyrightable in cases in which at least some of the creativity can be attributed to humans. That could include situations in which an artist modified material initially generated by AI or cases in which a musician used AI as a tool to enhance their own work.
 
Courts will also analyze the degree to which AI tools such as GenAI chatbots can use third-party intellectual property. Copyrighted material can be used without the copyright owner’s permission in certain circumstances under a legal provision called “fair use.” GenAI chatbots are often trained on third-party information from websites, books, and newspapers, raising questions about the boundaries of fair use.

4.  Regulations will begin to take shape.

EU lawmakers are on the verge of passing the EU AI Act, a set of rules governing the creation and deployment of AI systems that will have an impact across the globe. Although the US is not likely to pass its own version of the EU AI Act, many US companies, including those that do business in the EU, will be subject to the EU’s regulation. And in the US, legislative, regulatory, and enforcement efforts will impact the development and deployment of AI.

Over the past year, policymakers debated how to update the draft EU AI Act to address the sudden emergence of GenAI systems, delaying the regulatory process and highlighting the rapid evolution of AI. The regulation of foundation models and GenAI systems remains one of the main stumbling blocks to passing the EU’s regulation.

The EU AI Act is written in broad terms intended to offer flexibility as AI evolves. Nevertheless, regulators might struggle more generally to keep up with the pace of technological change associated with AI. Consider the possibilities of quantum-backed AI, which is on the horizon.

Emerging technologies often develop faster than the law, with data privacy offering a recent example. The surge in big data generated through the online economy in the 2010s pushed the boundaries of preexisting privacy laws and heralded the emergence of the GDPR (the EU General Data Protection Regulation) as a de facto global standard.

Companies will need to begin preparing for global AI regulatory and enforcement initiatives. As preliminary steps, businesses should identify what AI systems they use and understand the level of risk their systems pose according to the EU AI Act’s risk tiers. They should also establish robust AI governance within their operations to institutionalize AI ethical principles in relation to the development and deployment of AI systems.

5.  Data privacy and bias challenges will intensify.

As companies build and deploy new AI systems, privacy and bias challenges will become even more prominent issues. Developers of AI systems, in particular, will be focused on how to create unbiased, secure AI tools.

Privacy concerns can arise from a GenAI model accessing personal information through a prompt and using such information without consent. Data bias can stem from cases in which AI systems train on data that reflects existing social biases.

Last year, several federal agencies including the Consumer Financial Protection Bureau, the Department of Justice, and the Federal Trade Commission issued a joint statement indicating their concerns about AI bias, discrimination, and privacy risks. The FTC has intensified its regulation and enforcement in the context of AI issues.

Companies can take practical steps to mitigate these risks. They can, for instance, tighten controls of data flows to avoid the leaking of personal information into AI models. Where personal information is used to train AI models, the data should be carefully interrogated to ensure that it is actually necessary and to ensure the quality and diversity of the datasets.

6.  Investment in AI startups will remain hot.

Investors poured money into AI startups last year, bucking a broader slowdown in the tech industry. Global venture-capital investment in GenAI startups totaled $23.2 billion from January through mid-October 2023, up about 250% from 2022’s full-year total, according to PitchBook.

The gold rush into AI startups is poised to continue this year. The reason boils down to the fact that investors will invest in innovation, and AI is set to become an even stronger and more versatile tool.

This informational piece, which may be considered advertising under the ethical rules of certain jurisdictions, is provided on the understanding that it does not constitute the rendering of legal advice or other professional advice by Goodwin or its lawyers. Prior results do not guarantee a similar outcome.

Please join us in welcoming the following new members who have recently joined the ACC Northeast Chapter:

• Natalie Benavides, Staples, Inc.
• Christina Caffarella, Toast, Inc.
• Chantal Choi, Toast, Inc.
• Padma Choudry
• Mary Eldridge, Neighborhood Health Plan of RI
• Kevin Foley, Biogen
• Lauren Gee, FullBeauty Brands
• Sam Hudson, Laboratory Corporation of America
• Naomi Jackson, Thrasio, LLC
• Mary Jennings, CRRC MA Corporation
• Brendan Kennedy, Olympus Corp. of the Americas
• Rithika Kulathila, BlueRock Therapeutics
• Scott Larson, Ginkgo Bioworks, Inc.
• Caroline Lawrence
• Anastasia Likhanskaya, Computershare Limited
• Christabelle Lteif, Genesys
• Rebecca Maynard, Microsoft Corporation
• Laura Moloney, State Street Corporation
• Barbara Parker, Sevita
• Jessica Parker-Battle, Biogen
• Lisa Parks, MacDougall Advisors, Inc.
• Miya Reichwald, Openly LLC
• David Rouse, Snyk, Inc.
• Benjamin Snitkoff, Ginkgo Bioworks, Inc.
• Jon Whitson, ADP
• Jennifer Zarutskie, Harbinger Health

Want to see what you missed?  Visit our Photo Gallery page!

Dear ACC Northeast Chapter Members and Friends,

In the past, when I was asked by a colleague or friend to explain the value of ACC membership, I would gravitate towards sharing our organizational mission, or metrics around how many members we have or how many programs we host annually.  While it is true that the ACC’s mission and the metrics collected to measure the progress of established objectives are important indicators of the organization’s value, this misses the mark on what is truly important and more difficult to quantify. That is the impact that we have on the careers of our members.  

As an inclusive, member driven organization, the ACC’s members are our most valuable asset.  Everything that we set out to accomplish is driven and measured by the impact that programs and broader initiatives will have on our members.  The true, perhaps immeasurable, value of ACC is in the individual stories of members who rely on their peers to assist in finding a new role, venturing into a new practice area or learning about the evolution of the in-house legal function and available resources in areas like technology and artificial intelligence.

I grew up in the legal profession with the ACC Northeast Chapter as an integral platform for my development.  For nearly a decade I’ve had the pleasure to serve in various committee and board leadership roles – for almost as long as I have practiced law.  The lessons that I learned and the connections I made serving as Vice President, as a leader on the Communications Committee, Social Media Committee, Pro Bono Committee, Membership Committee, Board Nominating Committee, and as the co-founder and chair of the Next Gen Committee helped shape my perspective on what matters most to our members.   One month into my new role as the Northeast Chapter’s president, it is these experiences and the people I continue to learn from, who help me sharpen this member driven focus.

I recently attended my first ACC Annual Meeting in San Antonio, and it was a wonderful reminder of the power of this organization.  There is no better place to network, share ideas, and learn from the best legal minds in the industry.  Whether attendees focus on attending sessions on cutting edge topics such as the evolving use and regulation of artificial intelligence, the growing importance of ESG, or lessons in leadership, interacting with law firm or legal services exhibitors, or networking with global peers, the Annual Meeting offers world class opportunities for growth.  

My favorite Annual Meeting event occurred on the first day, when former CEO and chairman of United Airlines, Oscar Munoz delivered his keynote address.  Oscar inspired the crowd with his resilience and humility, which are seminal traits of effective leadership.  He talked about the challenges that he faced, and how he maneuvered those challenges to raise employee morale and rebuilt trust with customers, investors, and the company’s broader stakeholder groups. The leadership lesson that I took away from his session was simple but powerful – listen, learn, and then lead.

Oscar’s lesson is pivotal to executing on our strategy as the Northeast Chapter.  This past Spring we paired our annual member survey with a new member feedback program called “Member Listening Sessions.”  What we heard in the survey responses and from the listening sessions is that members want more opportunities for professional development.  Members want to learn from each other and to engage in peer-to-peer exchanges of knowledge and ideas.  Based largely on this feedback, we created the Peer Connect: Next Gen Leadership Development series, and we completed the five class, blended learning program in September.  The thirty-two-member cohort attended sessions covering topics in management, leadership and career development, exploring how to best position themselves as trusted advisors for their clients. During the Member Listening Sessions, we also learned that new members want a more personalized welcome when they join.  From this feedback, the semi-annual New Member Welcome session was born.  

Much of the success of the ACC Northeast would not be possible without the leadership of immediate past president, Stephanie Lambert.  Stephanie’s direction guided our chapter through the challenges of the later stages of the pandemic, and she helped us chart the course we are on today.  During her tenure we expanded our collaboration with other legal professional organizations and affinity groups and prioritized our focus as a welcoming and inclusive association.  She played a prominent role in ensuring our organization has the right strategy, the right people, and the right energy to lead us into the future.  I want to take this opportunity to thank her for her excellent example of leadership.  

I am deeply thankful for the trust that the Board of Directors has placed in me, in electing me president.  It is an incredible honor and responsibility to lead this organization.  It is only possible with their support and partnership, as well as the incredible contributions that our Executive Director, Julie Duffy makes daily.  Nothing happens without her.  To our outgoing board members, former treasurer, Ian Hecker, and former president Gemma Dreher, thank you for the opportunity to learn from you.  To my colleague and mentor, and our former board member, Krish Gupta, thank you for encouraging me to join the ACC many years ago, and thank you for your support along the way.

If you have ideas for the Northeast Chapter that you would like to share, please reach out to me.  As your new Northeast Chapter president, I am here to listen to you, learn from your ideas, and lead with your best interest front of mind.  

Sincerely,

James Coughlin

President, ACC Northeast Chapter

Please tell us a little bit about your company and your role there. What are your responsibilities and what does a typical day look like?

I work for Dell, where I lead a team that supports technology transactions for the North America sales organization, as well as the North America channel partner program.  There is not typical day at Dell, and no shortage of opportunity for growth and development.  At times, Dell acts with a start-up mentality, which requires a balance between running the daily operations of the commercial legal team, and leading efforts to transform how we do our work.

What was your career path? What drove you to become a lawyer? How did you get to where you are?

The earliest memories I have about my aspiration to become an attorney revolve around the desire to help others. Growing up in Quincy, the pro bono examples of historical figures like John Adams, and John Quincy Adams were front and center in the classroom.

Like many who entered law school in 2008, all the dreams that I had of a career path from law firm summer associate to eventual law firm partner never materialized.  I never summered at a firm – in fact, I never worked at a firm.  I went to Suffolk University Law School at night and worked full-time as an investigator for the Massachusetts Attorney General’s Office during the day.  This experience made me realize that instead of investigating businesses, I wanted to help counsel them.  I decided to pursue an MBA alongside the JD, and I took the opportunity to pursue my first in-house role as a contracts manager at EMC in 2013.  Later, I supported the RSA cyber security business for several years, prior to my current tenure supporting Dell sales.   

How did you hear about ACC Northeast? What made you excited to get involved in the ACC Northeast?

I had a 1x1 meeting in the office of former ACC board member, Dell colleague and mentor, Krish Gupta back in 2014.  Krish recommended that I sign up for the ACC and get involved in a committee.  In 2017, He helped me co-found the “Young Lawyer’s Advisory Council,” which we renamed the Next Gen Committee.  This committee still operates today as a networking platform for attorneys who are new to the in-house practice.

What are your interests and hobbies outside of work? What do you do to decompress and relax?

I enjoy running and exercising with my wife, daughter, and son, and spending time on the Cape in the summer.  This winter, I am looking forward to skiing more with my daughter.

Do you have any advice you have for members, either professionally or personally? This can be advice for those just starting in their careers, or tips for experienced lawyers.

If you suffer from imposter syndrome (like I often do) you’re not alone.  I have been fortunate to have several mentors during my tenure in-house, who have helped me realize my potential to grow into a department leader.  The lesson I learned:  find a mentor who will believe in you, even when you have a tendency to doubt yourself.

Kids in Need of Defense (KIND) is the preeminent international nongovernmental organization devoted to the protection of unaccompanied and separated children. KIND envisions a world in which every unaccompanied child on the move has access to legal representation and has their rights and well-being protected as they migrate alone in search of safety.
 
Through strategic partnerships, KIND provides pro bono legal representation for forcibly displaced children across the United States through a robust network of over 800 law firms, corporations, law schools and bar association partners. Our dedicated team trains and mentors our volunteers throughout their cases with us.  KIND staff also represent these children and provide Know Your Rights presentations in the cities in which we work to share vital information with communities in need.
 
KIND’s strength as an organization, impact on the community, and capacity to grow and serve more children is a direct result of our successful engagement with local legal providers and community service organizations. Many of the children currently served by KIND’s Boston field office are matched with pro bono attorneys who volunteer from law firms, solo practices, and corporate legal departments from across Massachusetts and New England. If you are interested in taking a case, KIND will provide you with guidance, training opportunities, practice tips, samples, and feedback on filings.
 
To support KIND as a pro bono attorney, as a volunteer interpreter, or through a donation, please visit  https://supportkind.org/get-involved/ or email probono@supportkind.org.

The dual purposes of the Women’s Committee of the ACC Northeast Chapter are to offer new and seasoned in-house lawyers a supportive environment in which to develop strong relationships with other in-house counsel and to provide a variety of legal and professional development events, with a focus on attorneys who identify as women.
 
The Women’s Committee fulfills its mission in a variety of ways, including monthly virtual coffee chats and terrific programming events. The Women’s Committee coffee chats take place via Zoom on the third Wednesday of the month at 3 p.m. ET and are open to ACC Northeast members of every gender. One participant plans a topic that is focused on a legal or professional development issue and shares some light reading in advance of the coffee chat. The host typically guides the conversation initially and it flows freely from there. The coffee chats adhere to Chatham House Rules as participants often share authentically with one another. Please consider joining an upcoming coffee chat.
 
The Women’s Committee hosted an event in early October that brought together many of the ACC Northeast members with colleagues from our 2023 law firm sponsor, Bowditch & Dewey. We gathered on an unusually warm evening in the Weston Arts & Innovation Center to learn from best-selling cookbook author, Terry Walters, about the nourishing connections among food, body, mind and soul. All attendees received a copy of Terry’s latest book, Nourish, and enjoyed samples of some of her recipes while networking and discussing healthy habits. Stay tuned for invitations to upcoming events.

If you are interested in volunteering with the Women’s Committee or joining the monthly coffee chats, please reach out to Julie Duffy at juliesduffy@gmail.com.

ACC Northeast at the Annual Meeting

In case you missed it, this year’s ACC Annual Meeting took place in San Antonio, Texas on October 22-25, and ACC Northeast was well represented! Here’s what a few of your fellow New Englanders had to say:

“My first ACC Annual Meeting was 13 years ago in San Antonio, and it was great to get back there last week.  I'm pleased to report that the ACC Annual Meeting continues to deliver a fantastic mix of education, inspiration, networking, and legal vendor interactions.  Highlights included: an enlightening keynote conversation featuring Oscar Munoz, former United CEO, bringing great lessons from the C-suite; a hilarious closing musical parody featuring legal ethics topics; lots of coaching on legal practice tricks and tips; a nice private evening gathering for our Northeast chapter members; excellent Texas hospitality, and plenty of time to gather and connect with attorneys from around the country.  At the meeting I made sure to attend a number of IP-related sessions, and I'm back at the office now with a list of action items to improve how we are managing things in this area and others.”

• Christian Ehrbar, VP and General Counsel, Berkshire Grey, Inc.

“I very much enjoyed the ACC Annual Meeting.  San Antonio is such a great city for a conference.  It’s delightful to walk along the Riverwalk to get from hotels to the convention center and social events.  This was my first time attending ACC Annual Meeting.  I just joined ACC a few months ago when I signed up to go to the Annual Meeting.  Since I was an IP specialist until I took my current position as General Counsel at Franklin Sports a little over a year ago, I chose the Annual Meeting primarily for CLE as I wanted to educate myself in areas outside of IP to make me more effective in my role.  There were so many interesting topics, it was hard to choose.  The sessions I attended were excellent.  The one I found most informative was a tabletop exercise on a ransomware attack.  A secondary consideration in attending the meeting was networking.  I liked that ACC has a Sports and Entertainment Network.  I attended their networking lunch and met lawyers from several professional sports teams as well as lawyers from other companies who are sponsors of professional sports.  The social events were fun, particularly the Small Law Department Network party atop the Tower of the Americas, and, of course, the ACC Northeast Chapter event at The Moon’s Daughter, which also had great views of the city.  I really enjoyed meeting Kelly Huffman of Advanced Power at the ACC Northeast Chapter event.  We certainly got lots of steps in walking around from event to event!”

• Michelle Brownlee, General Counsel, Franklin Sports, Inc.

“This year’s ACC Annual Meeting was a wonderful reminder of the power of the ACC.  There is no better place to network, share ideas, and learn from the best in the industry, than the Annual Meeting.”

• James Coughlin, ACC NE Chapter President and Senior Managing Legal Director, Dell Technologies

“This was my second conference (Las Vegas being my first) and I thought it was wonderful!  The opportunity to meet so many people nationally (and internationally) was invaluable, and the individual programs were very good.  I appreciated the career resource center events (headshots and coaching!) and had fun at the network and sponsored parties.  Well done ACC!”

• Yvette Politis, Chief Employment Counsel, RELX Inc.

“On behalf of Liberty Mutual Insurance, it was an honor to be acknowledged by the ACC as a 2023 Value Champion, along with so many other talented award recipients. While I was only able to attend the awards ceremony on Sunday evening, the ACC made the event an amazing networking and social opportunity. Not only was there a buzz throughout the event, but, importantly, attendees were able to learn a great deal about the incredible work being done in the industry by ACC members and other award winners. A special thank you to the ACC’s Veta Richardson, President & CEO, and Cristina Gonzalez, Vice Chair and CLO, for their leadership and comments during the evening. I am certain we at Liberty will have many opportunities to collaborate with the ACC and look forward to our continued relationship and shared interests in advancing all things Corporate Counsel. Thank you again!  

• Scott A. Bell, AVP, Senior Corporate Counsel, and Manager, Liberty Mutual Insurance

“The ACC Annual Meeting was fantastic this year. From educational and interactive panel discussions to meeting in-house counsel from all around the world, I came home with a wealth of learnings and new connections – not to mention, all the delicious Tex Mex I could eat. Looking forward to next year’s conference in Nashville!”

• Patrick Wu, ACC NE Board Member and Senior Corporate Counsel, Netscout

“I look forward to October because it means it’s time for the Annual Meeting! While I love the sessions, the networking is my favorite part. I am able to catch up with friends from my Chapter, as well as see colleagues and acquaintances from around the country who I met in past years. Best of all, I get to make new introductions. My network grows exponentially each year I attend the Annual Meeting!”

• Kelly Whetstone, ACC NE Board Member and Deputy General Counsel, ACA Group

“I attend the Annual Meeting because it enables me to understand the latest thinking on topics that come across my desk every day.  From AI to geopolitical unrest to FCPA enforcement this year’s meeting covered it all.  It’s also an opportunity to see old friends and expand my network. It’s an event I look forward to every year!”

• Stephanie Lambert, ACC NE Board Member and Immediate Past President; VP and Chief Compliance Officer, Netscout

Mark your calendars for next year’s Annual Meeting in Nashville, Tennessee on October 6-9, 2024!

I have found myself in a tough spot and it is every bit a result of my own doing. I’ve known about the deadline for this book review for months now, but I have yet to finish the book.

A copy of The Boys in the Boat by Daniel James Brown has sat unopened on my bedside table for over three months until just this last week. I know. Pathetic. But, I’ve made quick progress over the past week finding pockets of time in the evenings to dive into this fabulous book. I’m almost done and I’m determined to finish it soon. And I will, but not before the deadline for this article has arrived. I’m owning this failure. So here we are. Since I haven’t finished, where to begin?

Dan Brown’s vivid storytelling of the 1936 Olympic gold medalist U.S. eight-man boat can read at times as a scientific treatise on the physical and psychological nature of rowing, however its setting in the dramatic historical backdrop of the American dustbowl and Depression with a looming Nazi Germany on the horizon infuses the oftentimes technical writing with energy and purpose.

Dan Brown focuses heavily on one rower, Joe Rantz, but succeeds in creating narrative details around each individual character making up this gold medal crew. They’re all underdogs, and everybody loves an underdog story! A whimsical homespun philosophy is weaved throughout the story shared through the character of George Pocock, an English-born boat builder who works in a woodworking shop above the team’s University of Washington shell house.

I have thoroughly enjoyed this book so far and highly recommend it. I can’t imagine the ending will disappoint. I am also looking forward to freeing up space on my bedside table!

Financial Protection and Autonomous Systems: Recent CFPB Actions Focused on AI — AI: The Washington Report

by Bruce D. Sokler, Alexander Hecht, Christian Tamotsu Fjeld, and Raj Gambhir

This article covers recent actions by the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) on AI. The Federal Trade Commission is not the only consumer protection authority seeking to apply its existing enforcement authority to the domain of AI. The CFPB, a body tasked by Congress with “implementing and enforcing Federal consumer financial laws,” has recently issued statements and a proposed rule addressing how certain deployments of AI may violate consumer financial law.

Our key takeaways are:

1. In May 2022, the CFPB released a circular asserting that creditors that use AI “in any aspect of their credit decisions must still provide a notice that discloses the specific principal reasons for taking an adverse action.” Following up on this notice, a September 2023 CFPB circular asserts that creditors relying on AI models to make credit decisions must provide applicants subject to adverse actions with “specific” notices explaining the “principal reason(s) for the adverse action.”
2. A June 2023 CFPB report warns financial institutions that they “risk violating legal obligations, eroding customer trust, and causing consumer harm when deploying chatbot technology.”
3. The CFPB proposed a rule in June 2023 that would mandate certain entities using automated systems make credit decisions that “adopt policies, practices, procedures, and control systems to ensure that [certain AI models] used in certain credit decisions or covered securitization determinations adhere to quality control standards designed to meet specific quality control factors.” The comment period on this rulemaking has now closed, but no final action has yet occurred.

Read the full article here: https://www.mintz.com/insights-center/viewpoints/2191/2023-10-12-financial-protection-and-autonomous-systems-recent-cfpb.

Finance, Accounting, and Tax! Oh My!

There is a common joke among lawyers that if we were meant to understand numbers, we would have gone to business school instead of law school. However, as in-house counsel, it is more important than ever for attorneys to have a basic understanding of business financial concepts that impact their businesses so that they can advise their boards and have a seat at the table.

On October 19, Maine attorneys gathered for the third of four CLE sessions conducted by ACC NE sponsor Pierce Atwood at its seaside downtown Portland office. Pierce Atwood partners Ryan Kelly and Olga Goldberg, along with accountants from BerryDunn, gave an informative and interactive presentation on financial concepts that all in-house counsel should know, including financial statements and disclosures, debt and equity finance, mergers and acquisitions, audits, and state and local taxes. The panelists used real life examples from their practices to demonstrate concepts and answered several questions from the audience. After the presentation, attendees mingled with the presenters at an in-office happy hour.

Please join us on December 1, 2023 from 8:30 – 12:30 for the final Pierce Atwood session of 2023 – a half day workshop on negotiations.

ACC Northeast would like to give a big THANK YOU to Pierce Atwood. The Maine in-house legal community has enjoyed the opportunity to come together to learn practical skills for in-house counsel, earn CLE, and network with our fellow attorneys.

Want to see what you missed?  Visit our Photo Gallery page!

Mark Your Calendar and Plan to Attend!

ACC Northeast offers a variety of programs, webinars, and events designed for our members' unique interests.  Keep your eye on the Chapter Events calendar on the website and be sure to participate in a few or ALL of the Chapter Programs happening in 2023.