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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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Resource Listings

Program Materials

OSHA: Hang on to Your Pocketbooks and Wallets

By Steven Ginski, Neil Wasser

In 2016, employers should expect to see US Occupational Safety and Health Administration (OSHA) fines that are as much as 80 percent higher than in the past as a result of a budget provision signed into law by President Obama that will significantly increase OSHA fines for the first time since 1990. Fines will place greater emphasis on getting OSHA compliance right. In this program, OSHA experts will address the agency’s new penalties and provide a checklist for specific compliance steps that employers can use to better insulate their companies from those penalties. Presenters will address OSHA’s increased focus on new recordkeeping and reporting responsibilities; temporary works; Voluntary Safety and Health Program management guidelines; workplace violence; and joint employer responsibility.

Program Materials

The New Digital Normal: Managing and Addressing Compliance in an Ever-changing Digital Landscape - Weatherley

By Mike Weatherley

The increasing use of digital media outlets such as Netflix, Hulu and YouTube is on a crash course with the corporate world. Employees are engaged with digital technologies that play an ever-increasing role in their everyday lives, including in the workplace. How can you protect your organization from the impact of this new normal? What policies do others have in place? What ethical problems arise with the use of these outlets in the corporate space? This experienced panel representing the technology, financial services, and media industries will discuss the issues that impact compliance and IP in light of these developments. This interactive session will answer these important questions as well as provide the audience with real world examples aimed at helping in-house counsel address this important issue.

Program Materials

Business Education for In-house Counsel, Part I: Linking Financial Statements to Corporate Strategy

By Eddie Riedl

The new age of serving in-house has arrived. Successful corporate counsel are not just expected to be superb lawyers, but astute business partners as well. This session (and Part II) will aid you in developing the business acumen you need to succeed in your role and be primed to ascend the ranks within your organization. A common misconception is that the information generated by accounting systems does not generally reflect the underlying economic activities of the organization. Nothing could be further from the truth. In this session, we will provide an overview of the role and key components of the financial statements, and critically demonstrate how a strong understanding of them allows any user to identify and assess the operating and financing strategies of almost any company.

Program Materials

Investing in Cuba: A Primer on US Embargo Regulations and the Realities of Doing Business in Cuba

By Alix Apollon, Kara Bombach, Tyler Hand, Yosbel Ibarra, Osvaldo Miranda, Naja Regan

Since December 17, 2014, the U.S. and Cuba have reestablished diplomatic relations and discussed sensitive issues, like claims for expropriated property. For American companies seeking to do business in Cuba, however, the US continues to maintain a comprehensive embargo against Cuba, and Cuba remains a socialist state with a restrictive, government-run economy. The program will provide: An overview of the Cuban embargo regulations (what has changed, what remains in place); Advice on navigating the Cuban embargo regulations, including implementation of compliance programs; Information about Cuba’s foreign investment rules and government hierarchy; Expert insights into the realities of doing business with “Cuba, Inc.”; and Current investment trends, opportunities and risks.

Sample Forms, Policies, and Contracts

Reviewing Software Licences – A Checklist for Licensees (Europe)

By Fieldfisher

This checklist is for use by licensees when reviewing a licensor's terms for the licence of commercially available packaged software. The checklist covers key issues that frequently arise in these types of licensing arrangements. However, it is not intended to be an exhaustive list and licensees should be careful to review all licence terms carefully. Agreements in respect of software that is to be developed or heavily configured specifically for the licensee are outside the scope of this checklist. In those circumstances, the contract is likely to (and should) contain additional detailed provisions relating to the ownership of intellectual property rights in the new software, acceptance, conformity with specification, delivery of bespoke elements and warranties. The checklist is written from a European perspective. For non-European software licences, users should ensure that they take into account relevant local law issues.

Articles

Equity Investments in Foreign Investment Enterprises in China

By John V. Grobowski James Zhang, Faegre Baker Daniels

The PRC Company Law allows company shareholders to make capital contributions with certain non-cash assets that include equity in other companies. The State Administration for Industry and Commerce recently promulgated the Measures for the Administration of the Registration of Capital Contribution in the Form of Equity (SAIC Measures) to establish a procedure for the registration of equity capital contributions. The SAIC Measures apply to purely domestic companies as well as foreign investment enterprises (FIEs). In the case of FIEs, foreign investment approvals from Ministry of Commerce or its local counterparts are also required for equity capital contributions, but there has not been a formal procedure for such approvals until the issuance of the Interim Provisions of the Ministry of Commerce for Equity Investments in Foreign Investment Enterprises (Interim Provisions). Learn more about the Interim Provisions.

Articles

Flu Season - Protecting Your Business From More Than Just Germs

By By Houser Henry & Syron LLP

Employers’ should be aware of the brave, committed, yet sniffling, sick, and ultimately contagious worker who has the flu and chooses to come to work. An employer has a duty under the Occupational Health and Safety Act1 (the “OHSA”) to “take every precaution reasonable in the circumstances for the protection of a worker” (s 25(2)(h)). Permitting a sick employee to continue working may compromise your duties to your other staff. It may also subject your company to financial liability under the OHSA and unwanted inspections by the Ministry of Labour. Flu season is in full swing and if you do not take preventative measures to protect your workers from an illness in your workplace, your workers may take matters into their own hands.

Program Materials

Strategic Considerations for Navigating a Dual-track M&A and Initial Public Offering Pathway

By Joseph Ferra, Megan Gates, Stanley Piekos, Pete Zorn

All technology-centric companies will consider an exit strategy at some point in their lifecycle; but what happens when you pursue two exit strategies — being acquired and conducting an initial public offering — at the same time? Learn from business leaders who have successfully used this strategy in their own businesses as they provide insights and practical tips to build and enhance value through a dual-track mergers and acquisitions (M&A) and Initial Public Offering (IPO) pathway. They will explain how to position your company for a dual-track exit strategy, pitfalls and traps for the unwary, the importance of planning and hiring the right advisors and partners, factors that indicate the likelihood of success for a dual-track exit strategy and how to continue to operate your business while pursuing one.

Program Materials

Using Body Language, Adjusting Your Attitudes and Finding Your Signature Voice: Practical (and Different) Advice on

By Kourtney Bigelow, Sherie Edwards, Stephen Roth, Elizabeth Wall

Most of us have read an article or attended a seminar on executive presence. And the advice all seems to be the same. Be confident. Project gravitas. Stay calm. Speak up. However, the usefulness of this information only goes so far. This program will break out of that box and discuss concrete and specific steps for developing executive presence. Topics will include developing charisma, using body language to your advantage, and how to maintain attitudes that will assist in projecting presence. The program will include a game show segment, concepts from well-known books and at least one classic TED Talk. There will also be a discussion of the challenges women often face with executive presence, many of which were raised by Sheryl Sandberg in her book, "Lean In."

Program Materials

The Hub Network - Listen, Analyze, Engage

By Derede McAlpin, Reginald B. McKnight, Bruce Strothers, Michael Whitlock

It’s a bad day, the eve of your company’s merger. You are a high-profile corporate lawyer working for a global brand and you just learned that personal data believed to have been stolen from your cloud computing account has been posted on WhoNeedsTheLaw.com, apparently exposing your name, entire work email inbox, phone number and scandalous images secured by a hacker accessing the camera on your laptop computer. The data includes a private dialogue between you and the outside company about the liabilities of taking on the merger. What would you do? This interactive session will cover emerging executive liability issues and test how effectively you can navigate risk with real-life scenarios and video vignettes.

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