This program will review lessons learned in international litigation and alternative dispute resolution (ADR) with a focus on Mexico. Most multinational corporations now have significant operations located in Mexico and, despite the business’s best efforts, may unfortunately find themselves embroiled in a legal dispute there. We will review the applicable legal recommendations for arbitration, mediation and litigation, including issues such as law firm selection, supervision of Mexican litigation, expected time frames for resolution, discovery, substantive and procedural concerns, institutional arbitration options, enforcement issues, etc. In-house counsel with experience in Mexican disputes will offer their insights and recommendations based on their experiences in-country.
In working with your company’s board of directors, you will notice that an ever-present concern for the directors is the issue of potential liability to shareholders that is attendant to the role. Please come join a panel of your colleagues and corporate governance experts for an in-depth look at the real-world scenarios that have shaped director liability law in the previous year. The discussion will also focus on how the recent decisional law in Delaware and other influential United States jurisdictions might affect the future decisions of boards in the coming years.
Part of risk management is managing the enterprise’s insurance coverage, submitting claims and getting claims paid. Insurance companies often avoid paying claims. You will learn: what the insurance companies’ obligations are with respect to claims adjusting; how to manage the process and maximize your recovery; insurer duties and the insured’s obligations; what to do when you get denials or reservation of rights letters; how the tri-party relationship of insurer, defense counsel and insured works; whether you can get in-house attorneys’ fees paid; and some creative ways to settle claims with insurers.
This program will use humor, and chocolate, to provide an overview of equipment leasing from an accounting, tax and legal perspective and the ramifications thereof. There will also be a section discussing practical points (i.e., what to look for) when reviewing an equipment lease. Leave this session on a chocolate high with practical tips to negotiate into your next equipment lease.
This program identifies key considerations for providing legal advice to business clients in nonprofit organizations. It is important for business clients to understand that a not-for-profit designation does not mean that the organization should behave differently than a for-profit company. Additionally, when counseling business clients, in-house attorneys may need to assist them in seeing the "little" picture. Areas covered will include: risks associated with receipt of donated goods, services and real estate; conducting due diligence analysis of vendors/suppliers; brand/intellectual property protection; and costs and risks associated with new ventures or risky activities.
Many companies focus on internally-created innovations to drive their product development and future research areas. However, competitors’ activities are just as important. Valuable information about your competitors’ research, product development and possible infringing activity can be obtained through intellectual property (IP) and other public databases. This panel discussion will focus on how you can obtain and analyze competitive intelligence to your company’s benefit, whether to fill the holes in your IP portfolio, gain a market advantage or obtain an edge in settlement negotiations.
Implementing and managing alternative fee arrangements, particularly for non-litigation matters, can be tricky. Doing it right requires a detailed understanding of the components and how to implement Alternative Fee Arrangements (AFAs) in appropriate stages to successfully balance risk and reward for your legal department and outside counsel. Seasoned counsel will share what they’ve learned from creating AFAs across a large portfolio of legal work, so that you too can learn to create AFAs that are assured to bring value to your company. You will walk away with methods to score AFAs in real time. This program will also review how AFAs can be created so law firms view them more favorably than the billable hour model.
What is the framework for on-line sales in the United States? What are the requirements for your web site and apps? What about terms of use and privacy policies? How do you market, and what are the concerns? How do you spread the word? How do you stay out of trouble with the Federal Trade Commission and state attorneys general? How can you stay out of Children's Online Privacy Protection Act (COPPA) trouble? The taxman cometh — who gets paid on what? This session will include a checklist of e-commerce issues, and an introduction into the legal issues related to your company''s website. What basic agreements do you need to have? How do you take payments over the web? Should your website be certified or safe harbor qualified? How do you avoid COPPAing a plea? What do you do about privacy? What are best practices for your site and for your privacy policies? How do you make the Digital Millennium Copyright Act your friend?
Occupational Safety and Health Administration (OSHA) enforcement history has been more aggressive in the last two years than at any other time in the agency's history. This program will provide specific recommendations to in-house counsel in advising their companies on OSHA compliance. The number of "significant" (i.e., "really big penalty") OSHA citations has increased by 30 percent, and the average penalty for "serious violations" has more than doubled from the 2010 levels. Our panel will provide guidance on the critical elements of an effective safety and health compliance program, and how the application of these elements can reduce legal exposure and improve employee safety. The use of safety metrics, incentive programs, audits, key compliance programs and OSHA's targeting programs will be fleshed out.
The liberalization of China’s distribution sector in recent years has opened a new range of choices for companies that are looking to sell their goods in China. No longer are companies required to use an uncoordinated network of domestic wholesalers. Firms now have the option to distribute products in China using international and Hong Kong-based logistics businesses, one of the many new domestic distributors in China, or to go at it alone. This interactive presentation will explore the significant issues in distribution and agency arrangements in China and Pacific Rim countries, and give you the information, tips and tactics you will need in order to advise your sales and marketing teams on effective strategies to address the complex legal and cultural issues raised by these types of arrangements.