Resource Library

For almost 250 years, our federal system has allowed each state to “serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.” Nowhere have states more clearly operated in this role in recent years than in the area of protecting the privacy of consumers’ data. Forty-seven states and the District of Columbia have their own data breach notification laws. While these laws have similarities, together they require companies that have experienced a data breach to comply with multiple different, and sometimes contradictory, standards, if those companies do business across state lines. This article provides an overview of the current State Attorneys General privacy enforcement landscape.

Your business uses social media to get out its message. That’s fine, right? Well, mostly, but there are a number of ways in which the use of social media can transgress the securities laws in the United States. Which ones? Come to this session to learn about when and how social media conflicts with securities laws, particularly Regulation FD, the safe harbor for forward-looking information under the Private Securities Litigation Reform Act, Regulation G, Rule 10b-5, when it might make sense to use social media in the annual meeting and proxy solicitation process and why more people in your business than ever before need to understand the concept of materiality.

In-house attorneys are often engaged in matters involving insurance issues, such as risk management, insuring real and personal property, or negotiating deals where liability or other types of insurance are required by the company. However, attorneys in small departments are often less knowledgeable about the insurance policies currently available and the coverage they provide. Attend this session to learn: What is risk management and why should every in-house lawyer care? What are the different types of insurance available to the enterprise? Should legal be involved in the procurement and/or review of the company’s insurance program and claims process? The session will provide an overview of the claims adjustment process with pointers to successfully navigate insurance claims, so that you will have peace of mind regarding your company’s insurance program.

People, companies and even governments generate an enormous amount of data about themselves every day. From ordering a latte without foam to negotiating a major contract, there is a growing perceived need to collect and mine the resulting data for useful insights about markets, customers, competitors or competitive threats. How can we do this? What legal issues surround the collection of this data? What issues surround the use of the data? If your company is using big data, what should it be concerned about? How does it stay out of trouble and out of the headlines?

Discover how to handle alcohol-related issues that every company must address, from meetings and social events to HR issues. What is the three-tier system and how does it work, including restrictions on marketing practices, licensing, etc.? What is the regulatory framework (state and federal) for becoming part of the industry and/or having an event where alcohol is served? What is the liability of businesses that host events where alcohol is served to the public or to employees (i.e. driving while intoxicated, personal injury, etc.)? Speakers will discuss workplace drug and alcohol programs and policies and provide sample materials.

Sustainability has created pressure on suppliers to adhere to strict codes of conduct and include assurances that sellers meet new standards and adhere to new processes. From the point of view of both buyers and sellers, this panel will discuss non-governmental organization (NGO) impacts on business, regulation by retail (“If you want to sell to me, agree to my terms/code of conduct”), vendor management, questionnaires, representations and warranties in contract, change terms of purchase orders, corporate codes of conduct, hazardous or other materials/chemicals in products, NGO engagement and other tricks and tips to navigate this increasingly complex landscape.

Discuss the role of the in-house attorney as a privacy professional; Learn the valuable role the information security officer plays in developing and maintaining data privacy, and the importance of creating a cooperative relationship; Understand the legal and regulatory landscape of data privacy, specifically how it relates to the transfer of data across borders; Understand the interplay of cybersecurity and data privacy; discuss which components of the data protection umbrella are in the domain of the info security (tech) team, and which are the domain of the data privacy team (legal); and Learn to assess the risks of your current data privacy and information security protocols, and to address these risks using internal and external tools (e.g., ongoing internal controls, external audit and insurance).

Energy projects can be large, unwieldy beasts, even for the experienced in-house attorney. For US companies engaging in energy projects abroad, or using foreign suppliers and contractors for domestic projects, international elements can add complicated twists that are difficult to navigate. This session is designed to break down the fundamentals of energy project contracts, from the form of the contract itself, to an in-depth look at provisions like indemnification, choice of law, limitations of liability, insurance, tax issues and litigation versus alternative dispute resolution. It will provide a checklist of key topics to consider when drafting and negotiating these types of contracts. The panelists will also offer practice tips on how to navigate the treacherous waters of environmental litigation.

M&A transactions reached a record high of $5 trillion in volume in 2015, including announcements of four out of the 25 largest deals in history. In addition to predictable anti-competition scrutiny in the US and EU, these transactions often face regulatory hurdles on six continents as emerging markets in Africa, Asia, and Latin America begin to play a more vital role in the future of global companies across industries. Join this Chair's Choice session to hear from experienced deal team members as they discuss the challenges faced and lessons learned by navigating major mergers & acquisitions.

Environmental risks and liabilities, which can be substantial, are a part of most commercial and real estate transactions involving in-house counsel. Parties to a transaction must identify, evaluate and allocate those risks and liabilities in order to protect their interests; and the parties—sellers, purchasers, lenders and insurance companies—have diverse perspectives and methods for managing environmental risks. Learn the sources of environmental liabilities, including federal and state statutes, implementing regulations, local ordinances and rules and common law. Then discover contractual provisions for allocating or limiting environmental risks, including definitions, representations and warranties, covenants and conditions precedent, indemnities, releases and other contractual mechanisms to allocate or limit such risks. Speakers also will reveal non-contractual ways to allocate or limit environmental risks, including deed restrictions and environmental insurance.