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Many businesses, especially those not in ‘technology’ industries, do not have significant IP assets and the in-house counsel may not live or breath IP issues. But that’s no reason to ignore fundamental practices that can help the business capture or protect the value of its trademarks, trade secrets, patentable innovations, web presence and other IP assets. Or, perhaps more importantly, practices can protect the business from exposure to the IP claims of others. What questions should you be asking to evaluate and improve the business’s IP sophistication?

A key question in both the United States and Canada is whether infrastructure and other public projects should be structured as public-private partnerships (P3s). Explore the lessons learned from completed P3 projects, using examples from Canadian and US infrastructure projects and the approaches adopted by leading jurisdictions throughout the world. It will outline what private sector companies and their in-house counsel need to know to maximize their success.

The SEC, IRS and FDIC have recently issued regulations governing equity and phantom equity plans that may result in clawback, change in control, valuation, accounting issues and other illnesses that may affect your plans. This panel will provide a checklist of known ailments, a method to diagnose your plan and treatment options to bring your plan into good health. In a town hall setting, participants will be asked to share their own "home remedies" with the group.

Someone in your company has just been questioned about possible criminal activity. You receive a grand jury subpoena for company documents and the US Attorney wants to interview company personnel. Among other things, you would like to show this potential prosecutor that your company has an effective program of ethics, compliance and internal controls designed to prevent and detect crime and fraud. What specific elements do you want to bring to the US Attorney's attention? Join this panel discussion and get the tools you need to handle this situation.

You loved this dynamic Boston University professor at our '07 Annual Meeting so now he's back, straight from our Mini MBA for In-house Counsel Program, to help you achieve the business proficiency you need to thrive in these difficult economic times. If you learn to speak the language of your business team then it will enhance your role and help contribute to the bottom line.

Over the last 10 years companies have struggled with the structure of their ethics and compliance programs, including where they should be placed within the corporate structure (in the legal department or elsewhere?), to whom they should report (GC? Internal Auditor? CEO?), and the relationship of compliance staff to in-house counsel (including whether they should even be the in-house counsel). The struggle continues.

The crises in world financial markets, the Foreign Corrupt Practices Act, and Sarbanes-Oxley among other causes, all have contributed to a tremendous increase in the number of investigations overseen by corporate counsel. At the same time, the strategies deployed by some lawyers and investigators have landed them and their companies in trouble. What are the best strategies for fact finding? What are best practices for interviewing witnesses? What laws are relevant to investigations and how do they differ between states and countries?

Environmental laws for businesses in Ontario have changed and corporate officers and directors need to understand their personal and affirmative obligation to exercise due diligence to prevent environmental breaches. Offenses are punishable by fines, jail terms, or both, and officers and directors can be convicted for breaching this duty even if the company has not committed or been convicted of an offense under the Act. At the heart of this due diligence obligation is the requirement for an environmental management system.

Today’s ethical representation challenges aren’t simple and they hardly ever wear convenient name tags that allow you to easily identify them. Since bar regulations don’t provide much guidance in the corporate context, we offered you a series of professionally-acted hypotheticals that asked the audience to interactively navigate a series of ethical close calls. Help decide how our corporate counsel hero should investigate whistleblower allegations, supervise off-shored representations, advise on executive compensation, conduct employee interviews, and more.

Is a data theft or breach one of your company’s worst nightmares? Read the daily paper to see the serious ramifications that can occur under such a breach. What can and should you know about this subject matter and implement to help protect your client? This presentation provided a summary of the current state of the law (state and federal), a discussion of to whom the laws apply and the types of data that have to be protected, and a description of the technology that can be used to help compliance.

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