Learn practical tips with your peers on handling key provisions such as indemnification, limitation of liability, insurance, warranties, change management, delivery and acceptance, price, payment and performance guarantees; Discuss boilerplate pitfalls and other common contract drafting challenges; Gain a deeper understanding of how your peers handle contract negotiation; Learn practical negotiating tips and discuss common negotiation challenges; Discuss relevant ethics rules that may apply in contract negotiations; and Discuss how to manage tensions between business and legal within your organization during the negotiation process.
This article is a global perspective on preventing employee data theft and trade secret misappropriation.
Gain a more fluent knowledge of global privacy issues and data sharing challenges through an experiential learning session. Learn more about where technology is leading the law on privacy issues. Understand how in-house counsel can better anticipate and plan for shifts and developments in the area of data privacy. Learn by participation and peer interaction. Participants will represent the many countries involved in the operations of a hypothetical global company that wants to gather and share employee data internally. As company representatives within their jurisdiction, they will negotiate with the regulators (faculty) on proposed cross-border solutions for data sharing.
The program will introduce a new (and fictitious) federal law that requires officers of corporations to certify, under individual criminal penalty, that all independent contractors are properly classified under federal, state and foreign law, and that all employees are properly classified for FLSA purposes, and parallel state and foreign laws. Work in small groups to do the following: Develop the outline of how they would go about assessing the legal risk to their organization based on existing practices; Develop a strategy for assessing additional resources needed to bring the organization into compliance, budget development, and management involvement; Develop a strategy for internal communications regarding the new requirements and methods for auditing compliance; Assess other needs associated with the operational impact of the law, including, but not limited to, possible organizational restructuring; and Create metrics, controls, and monitoring procedures for measuring the effectiveness of their compliance program.
Understand the big risk: how OFCCP, EEOC and private plaintiff’s counsel use big employer data. Learn how to inventory and assess what data is kept by your company and third-party vendors: Are your company and vendors requesting and/or keeping more than they should? Are your company and vendors running statistical analyses they should not without proper protection? Learn to comprehend what the statistical analyses show – where are your hot spots? Discuss how to protect your company now against potential systemic discrimination claims.
Learn how to field compliance issues in an environment where there are no supporting compliance resources available. Learn to recognize ethical pitfalls of fielding compliance issues while operating in dual capacities (as general counsel and compliance officer).
With a basic understanding of privacy principles under your belt, focus on the practical steps that organizations should take from the moment that the enforcement agency calls through the publication of the report of findings. Discuss the meaning of “cooperation” and international differences regarding credit for cooperation. Highlight types of conduct to avoid when dealing with regulators that could raise red flags. Explore the latest trends in international data protection regulator cooperation. Leave with detailed checklists and materials designed to equip attendees with the answers to common questions from internal stakeholders.
Learn about cutting-edge developments in compliance training (apps, multimedia, etc.) that can elevate your compliance program to the next level. Discover how your organization can leverage social media to bolster its compliance program. Squarely address “tone at the middle” and learn best practices for ensuring that middle managers – your first line of defense – are especially prepared to serve as good compliance stewards. Worried about whistleblowers? Examine techniques that foster communications within your organization, to help ensure that employee concerns are raised internally.
Learn best practices and receive actionable advice on compliance program benchmarking and monitoring, including: how to compile critical compliance program data to accurately assess and measure program effectiveness; key takeaways that can (and should) be gleaned from a benchmarking exercise; and using compliance software to establish and maintain a cost-efficient and effective compliance program (includes meeting the “Morgan Stanley” defense). Learn how to design quantifiable, meaningful metrics that your Audit Committee and enforcement agencies will understand and appreciate. Discuss the criteria you should be benchmarking your program against, as well as the key monitoring priorities. Learn how to collect the data and begin using it to improve your compliance program.
Hear directly from audit committee members about their take on topics that matter to compliance officers and general counsel, such as: their approach to risk (i.e., what keeps them up at night?); compliance issues they wish to have more visibility into; Board trends and compliance savvy (What has changed over time? Why?); preferred methods of reporting and tips for making more strategic board reports; the compliance officer’s role in protecting board members from personal liability; and desired non-legal skill sets that set top-notch compliance professionals apart from their peers.