Resource Library

The majority of countries around the world have a legal system which is based on civil law. In civil law, the main principles and rules are contained in comprehensive codes; case law is only a secondary source. Globalization has resulted in convergence between the principles of common law and civil law systems in some areas, but differences which can make or break your contract still exist. In this round table discussion, a panel of experienced international lawyers will discuss the drafting issues in civil law and other non-common law jurisdictions when negotiating the most important standard contract terms including liability limitations, indemnities, damages and governing law and provide practical advice on effective ways to address these issues.

We live in a world where a wearable fitness tracker can tell you how many steps you’ve walked; your thermostat magically knows how to adjust the temperature in your house when you come home; you can control devices in your home with your phone; medical devices connect to insulin pumps wirelessly and your car logs everything from where you’re going to how many miles you’ve driven on public roads. While the possibilities are endless, they come with myriad legal concerns. This panel will delve into the key legal issues associated with the Internet of Things: privacy, data security and the regulatory perspectives from the Federal Trade Commission, the Food & Drug Administration and the Federal Communications Commission.

Dealing effectively with a crisis requires organizational readiness for almost any eventuality. This program will promote preparedness, enhanced decision-making and institutional integrity. Using polling devices, attendees will navigate their way through a number of crisis scenarios, focusing on the role of in-house counsel. The session will highlight best practices in crisis management planning, assembling the crisis management team, stakeholder relations, fact-finding and internal investigations, preserving evidence, communication and litigation in multiple jurisdictions. The scenarios will also address the tensions that sometimes exist between “business” and “legal.” Panelists, including a crisis management expert, will offer their perspectives as we work through each scenario. You will receive access to sample crisis management protocol documents that you can then customize. The presentation will cover MRPC 1.13, 1.1, MRCP 3 and sub-rules for ethics credit.

Corporate policyholders and their insurance companies often resemble old married couples: They argue periodically. Occasionally they have a real quarrel and unkind things are said. Maybe one of them moves into a hotel for a couple of weeks. Maybe they hire a counselor, or even lawyers, to help resolve the dispute. But at the end of the day, neither is willing to leave the table for good. This characterization of the insurer–insured relationship will resonate with corporate counsel assigned the task of recovering an unpaid insurance claim without ending a relationship in which both parties have invested much. Using a case study, learn how to manage and prevail in a coverage dispute with your insurance company without ending the relationship permanently.

Numerous states prohibit employers from disciplining or discharging employees for off-duty conduct. A growing number of states have legalized the use of medical marijuana and/or recreational marijuana. An even larger number of states have limited an employer’s ability to use social media, criminal background checks and credit reports when making employment decisions. These ongoing changes to the law, combined with the National Labor Relations Board’s increased oversight, make it increasingly difficult for employers to take adverse employment action against an applicant or employee for conduct that does not occur in the workplace. This session will provide attendees with an update on the law in this evolving area, guidelines for compliance, tips on avoiding litigation and optimal positioning for a positive outcome if litigation is commenced.

As more companies go global, in-house counsel must manage litigation where a foreign entity is sued in the United States or litigate a matter in Europe. Not only must in-house counsel educate overseas managers about the reality of litigation in the United States and learn various rules abroad, but they also face the difficult task of determining what is discoverable and how to conduct investigations to comply with the demands of US courts and stringent EU data and privacy regulations. This panel will focus on highlighting the differences between the key stages of litigation in the European Union and the United States, using real-world examples to help in-house counsel better prepare to deal with the practical implications of litigation involving multiple jurisdictions.

This panel will discuss copyright compliance as it relates to social media in an interactive session, asking the audience to evaluate scenarios involving employee use of social media for sharing information or obtaining third-party content for use in marketing or promotional campaigns. The session will combine a review of recent regulatory and legal opinions on the topic from around the world with a candid look at situations encountered everyday by in-house IP counsel. The session will include tips and tricks to help you determine whether content on social media is free to use and share, using examples from YouTube, Google Images and Flickr, among others. This session promises to be fun as we take a look at the use in a corporate setting of music, movies and text obtained by unsuspecting employees from social media sites.

Many companies are starting to form their own venture capital groups to explore different avenues to generate return on investment (ROI) and partner with emerging companies less expensively than through organic growth. An experienced panel of in-house practitioners and external counsel will provide a thorough understanding of current market practice, terms and conditions and applicable securities and ethical issues. You will learn the essentials of corporate venture capital, from examining the anatomy of a venture capital deal, dissecting term sheets and their negotiation, to exploring key issues in financing rounds, exit strategies and securities law compliance. You will also learn about the latest financing trends, regional differences in deal practice and ethical issues that arise when your employees act as directors of start-ups and venture-backed companies.

The Gullible Assistant. The Careless Vendor. The Imperious Boss. The Road Warrior. The Absent-Minded Executive. The Social Butterfly. Every organization has horror stories about people who bypass, ignore, forget or blatantly run roughshod over IT security policies and procedures. While trying to find the right balance between security and employee accessibility, IT sometimes exposes the organization to elevated risk. Before you know it, it’s legal’s problem. This “Family Feud” style session will test the audience’s knowledge of potential cyber risks and possible solutions to manage each scenario. Key takeaways will include strategies and tactics for mitigating threats from “the Human Element,” improving security without constricting access or employee flexibility and running a tighter ship without negatively impacting the workplace culture or environment.

Negotiation skills and techniques are essential tools for any in-house counsel professional. Whether discussing vendor contracts or settling lawsuits, knowing the intricacies of the craft of negotiation is vital. Yet our intentions and focus in negotiation are often interrupted by subconscious, psychological or cognitive biases. These normal, yet irrational, reactions to negotiation counterparts and their narratives can significantly disrupt both parties’ objectives. This session will use a panel of negotiation, psychology, and academic experts who will identify typical, predictable cognitive biases, present how these biases affect negotiations, and provide suggestions on how to manage their effect. From the “Lake Wobegon effect,” to attribution error, to diagnosis bias, fun videos and real-life examples will be used as we engage in the Brain Game.