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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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Sample Forms, Policies, and Contracts

Best Practices and Strategies-Retaliation Claims

By Cynthia A. Bremer, Monique R. Gougisha, W. Scott Hardy , and Hardy Murphy

Workplace Retaliation is a serious issue that companies need to face head-on. In this presentation, we will explain how to create best practices to eliminate these scenarios.

Articles

Preventing Litigation Through Contract Drafting Skills

By Scott Dulaney, Robert Fineman, Wesley Overson, Phillip Zackler

How will that contract you just drafted stand up to the scrutiny of a judge or jury? Each year, some of the largest jury verdicts in the United States are awarded in breach-of-contract cases. In this program, faculty will discuss lessons learned from trying contract cases to help you evaluate, prepare for, and win contract-related litigation. Topics will include unique issues that arise in trying contract claims; how commonly used contractual clauses can backfire at trial; minimizing risk in contract drafting and negotiation; restricting application of fiduciary duty and the implied covenant of good faith and fair dealing; third-party vendor liability; and damages.

Program Materials

US Wage and Hour—The New Rules and the Old

By William Harn, Micah Heilbrun, Tritia Murata, Alexis Pheiffer

The US Fair Labor Standards Act (FLSA) is perennially difficult to navigate and has been fertile ground for the plaintiffs’ bar in recent years. New FLSA lawsuits have been filed in increasing numbers every year for the past decade. Now new rules are about to be issued. Do you know what they will mean for your organization? Will they require you to review and possibly change the wage classifications of some of your employees? And how can you go about doing that without wreaking havoc or inviting lawsuits? How will new equal pay and gender equity legislation affect your organization? Join this session for a walk through the new regulations and practical guidance on their interpretation and implementation.

Program Materials

IT: The Department You Need to Make Your Best Friend

By Mia Chiu, Harold Federow, David Gilmartin, Sasha Kipervarg

The 2012 amendments to the American Bar Association Rules amended the comments to Rule 1.1 to say: "A lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology." What does the change mean for attorneys in general and specifically in-house counsel? What technology is out there that in-house counsel can use to more efficiently run their departments? This interactive roundtable session will focus not only on the potential ethical implications of technology but on how the legal department can work with the IT manager or chief information officer to cooperatively achieve results in the areas of litigation holds, data security, review of IT-related contracts, document retention, and internal investigations. Faculty will provide guidance on explaining the contract terms and legal risks to your IT department and answer important questions like: What questions do I need to ask my IT department to properly evaluate the risks and contract terms? What happens if the product or service does not perform as expected? The panel will also examine everything from apps that improve efficiency to document management system tools that help with litigation.

Program Materials

New to In-house Game Show – Legal Basics, Business Basics, and Understanding the Role of In-house Counsel

By Rhonda Lees, Jim McLandress, Robin Schulman, Tyrone Thomas, Bettina Yip

Several experienced in-house counsel will oversee an interactive game show-style session designed to engage and educate new in-house counsel. The questions (loosely based on the New to In-house Committee’s InfoPAK: New to In-house Practice: US & Europe) will focus on what every in-house lawyer should know about the law and their dual role as corporate counsel and a valuable business partner.

Program Materials

Maximizing Insurance and Indemnity in High-exposure Litigation

By Damian Brew, Pamela Hans, Darin McMullen, Mariah Panza Garcia, Aileen Schwartz

This session will discuss proven strategies for general counsel to protect their companies in high-exposure litigation through effective pursuit of contractual indemnification and insurance recovery. The panel will discuss key considerations in the negotiation and enforcement of indemnity agreements so that expected indemnities provide adequate insulation for large-scale losses and exposures. The session will pay particular attention to strategies for successfully obtaining insurance coverage for high-stakes litigation after your insurer denies coverage.

Program Materials

You Could Be Next! The Shareholder Activist Campaign

By Warren de Wied, Kristyn Hyland, Susan Permut, Sarah Teslik

Activist investor campaigns have reached record numbers in recent years and have become increasingly organized and costly to the targeted companies. Through case study analysis of several recent campaigns, this program will go in-depth on best practices for companies to follow before and when an activist comes knocking, including: What went right in recent campaigns? What went wrong? What were the end results and what could have been done differently? What has changed from an investor relations perspective since the activist campaign? What are some investor relations takeaways from what the companies did/didn’t do? What are some general best practices and strategies in these situations that can be implemented proactively, during a campaign and post-mortem?What defenses does a company have against a campaign and/or a proxy fight? How do these case studies demonstrate any larger trends in activist campaigning? What types of attributes/actions might draw activists’ attention, based on these recent campaigns?

Program Materials

Corporate Governance During a Crisis

By Jennifer Mailander, Jonathan Marks, Gabe Roehrenbeck, Richard Sedory

In your first week as the general counsel of a company, you just received information that you are now in a crisis. In this interactive session, members of the audience will play different roles within the company (members of the board, legal department, managers, etc.) to have a discussion, including: What type of crisis plan do you have, if any? What to do and how to formulate a plan of action? Who to call first, how to prioritize tasks, and where to prioritize resources? Who (internal and external players) to get involved and when to get them involved? What data is needed when a crisis hits? How to prepare for the media and when to reach out? How to communicate with customers, vendors and suppliers, regulatory agencies, and other parties?

Sample Forms, Policies, and Contracts

Global Anti-Corruption

By WeComply

Whether you work in marketing, sales, operations, business development or finance, you need to know how to spot "corrupt payment" issues and respond appropriately. (Licensed for use in classroom settings only and not for distribution in any form.)

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