The majority of new companies started in the United States will fail. Some estimates say as many as nine out of every 10 new businesses will fail. This is a staggering statistic! This panel will delve into what in-house counsel need to know if their place of business starts failing. What role does in-house counsel play in sounding the alarm bells and letting others know that bankruptcy may be the best idea? What are the differences between Chapter 7 and Chapter 11 when it comes to a business bankruptcy? What are the disclosure obligations when the company cannot meet current expenses? When and to whom should disclosure be made – board of directors, vendors, employees, regulators? What are the operational issues as insolvency approaches? This panel will discuss what to expect if your company fails, the legal pitfalls to avoid to protect everyone involved, and how involved an in-house lawyer should be in the wind-down process. The panel will also address what in-house counsel need to know when a vendor or customer is going through the bankruptcy process.
This presentation provides an overview of big data, managing risk, compliance and regulation.
This Leading Practices Profile, an update to ACC’s 2011 Crisis Management and the Role of In-House Lawyers: Company Leading Practices, features the leading business continuity and crisis management plans of four entities that share plan aspects, including core components, operational strategies, and lessons learned. The Profile also addresses the law departments’ role in prevention planning, training, risk assessment, crisis management, and continuity planning.
Considering the increasingly active role general counsel play in cybersecurity strategy, risk assessment and prevention, the ACC Foundation recently released an unprecedented study of the state of cybersecurity in the corporate sector. The largest study of its kind, the report serves as a resource for in-house lawyers, corporations and boards of directors directly impacted by one of the greatest challenges and reputational risks facing companies today. This plenary session will provide key takeaways from the report that you can put into action today, as well as guidance on preserving privilege, budget allocation and collaborating with law enforcement or government agencies. Learn what general counsel experienced in data breaches wish they had known before the breach occurred and other important lessons learned.
More and more, boards of directors in the financial sector are required to assume responsibility for the organization’s risk management, a responsibility edging ever closer to actual managerial responsibility. This interactive session will provide in-house counsel with the tools they will need to educate and prepare the board to take on this responsibility. Discuss increased responsibility of the board in the financial sector in the areas of risk management — edging closer to a managerial responsibility. Learn how to handle risk management within the organization (i.e., responsibilities of parties, reporting lines, etc.) and identify new risks on the horizon. Understand what boards wish to hear: what information to and not to share with your board, and the risks associated with doing so. Learn how the new SEC and FINRA reporting requirements should impact your board advice regarding cyber threats. Discuss the Board's role in managing operations in emerging markets.
Contract Playbooks – Gain a better understanding of how introducing innovative contract negotiation and contracting process playbooks in to your organization can support the optimization of the commercial contracting lifecycle. Data Analytics – Learn how measuring and analyzing contract data helps increase process efficiency, optimize contract content and promote better contract performance. Understand how data analytics is defined in commercial contracting and what information needs to be extracted and reported on to develop analytics. What conclusions and benefits can this analytics provide? Contract Triage – The contract triage process is not merely about allocating tasks to the right skill level, but also adjusting your risk appetite. Understand how to insert triaging into your contract management processes.
Too often we overlook provisions in contracts that we consider customary or “boilerplate” and non-negotiable. This program examines standard contract provisions and challenges the audience to look at them more critically from a litigator’s perspective. The interactive program dissects contract provisions that have hidden traps and provides tips on better risk management with an in-depth look at non-assignment clauses, liability limitations, merger clauses, choice of law clauses and other similar provisions.
Join a panel of leading governance experts and sitting directors to discuss hot issues affecting corporate boards today, including: How boardrooms have evolved in the past decade, specifically with regard to the spotlight on the boardroom, director skills disclosure enhancements, and shareholder activism; the compliance, competition, risk management, and innovative disruption issues that keep board members up at night; building and maintaining a strategic asset board; and finding and vetting potential board members (i.e., the impact of recruiting less experienced board members, common pitfalls if a company lacks a rigorous board vetting practice, etc.) diversity in board composition (i.e., what is meant by “diversity,” will there be mandatory requirements like those in europe, etc.). Board refreshment and tenure, and evaluations (i.e., term limits, the role of board evaluations, other tools used to roll board members off for non-performance, etc.). Ethical issues in the current environment and failures in oversight. Identify proven best practices for handling each of these issues and receive practical takeaway materials to employ in your own in-house practice.
Map out key areas of compliance and risk management that can be addressed through effective contract management. Discuss contracting best practices that experienced in-house practitioners have developed to support compliance and risk management. Explore tips for performing a contract risk audit to identify contracts where additional language should address major risks. Identify best practices and tools that your peers use to analyze and address key risks posed by a proposed contract.