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The Association of Corporate Counsel (ACC) is the world's largest organization serving the professional and business interests of attorneys who practice in the legal departments of corporations, associations, nonprofits and other private-sector organizations around the globe.

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Articles

A Job Applicant Is Not An Employee For Compensation Purposes

By Kiran Seldon and Cassandra Frias, Seyfarth Shaw LLP

The Ninth Circuit recently concluded that job applicants are not entitled to compensation for time devoted to pre-employment drug tests because an employment relationship has not yet been formed. The Ninth Circuit held that the “control test” does not apply to job applicants, and that, under California contract law, the applicants had no contract for employment until they passed the pre-hire drug tests. Johnson v. WinCo Foods.

Articles

Compliance With Washington State’s New Pay Transparency Law: The Strictest Job Posting Requirements In the United States

By Helen McFarland and Kira Johal 

Effective January 1, 2023, employers who are hiring in the state of Washington will need to comply with the strictest job posting requirements in the United States. Washington’s newly revised Equal Pay And Opportunity Act now requires employers with 15 or more employees to disclose a pay scale and general description of benefits in each job posting or face claims of at least $5000 per violation. Washington’s agency overseeing the Act recently finalized its Policy to answer many outstanding questions regarding compliance with the new law.

Articles
Checklists

The Essential Toolkit for New General Counsel

By Association of Corporate Counsel

How to make a strong positive impact when starting a new job as general counsel? Find practical tips and strategies shared by experienced in-house counsel and condensed by ACC in this toolkit. Nine checklists that distill insight from general counsel, from acing your first 90 days to developing your leadership and business skills and retaining talent on your team.

Articles

A Roadmap for Legal Professionals: Navigating the Complex Path to Generative AI Adoption

By Brandi Pack, Legal Ops Analyst & AI Specialist, UpLevel Ops

For legal professionals, caution and conservatism are often vital in fulfilling their job responsibilities. Discretion and thoroughness are required to protect clients’ best interests. So it’s no wonder that many in the legal field are hesitant to adopt new, untested technologies. Even with potential benefits on the horizon, the risk of using tools that haven't been fully vetted can be enough to slow down innovation. Read more here.

Articles

Savings is Not a Strategy

By Stephanie Corey, Co-founder and CEO, UpLevel Ops and Casey Flaherty Co-founder and Chief Strategy Officer, LexFusion

Savings is not a strategy. Imagine a CEO opening an earnings call by celebrating the money the company “saved” on deal counsel and due diligence by not moving forward with an otherwise strategically vital acquisition. The stock would crater because leadership would rightly be judged as majoring in the minors.

As a line item, legal spend is a minor consideration. Rather, legal spend is better characterized as a relatively small investment that enables the business to execute on what matters.

Legal spend should be dictated by business needs. Those business needs are only escalating with the explosion in legal complexity. The increasingly law-thick environment in which businesses operate is having a profound impact on corporate top lines, bottom lines, valuations, and strategic opportunities. Trying to save money on legal is myopic—and excruciatingly common.

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