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In May 2020, damage to the area of the Juukan Gorge in the Pilbara resulted in the destruction of  two ancient rock shelters, estimated at around 46,000 years old, with cultural significance to the Puutu Kunti Kurrama and Pinikura People. The destruction of these sacred sites brought international attention to the importance of Indigenous cultural heritage within broader environmental, social and governance (ESG) considerations.

This session, hosted in conjunction with Gilbert + Tobin will explore Aboriginal heritage sensitivities as part of a company’s ESG obligations following the Juukan Gorge incident and the subsequent Parliamentary Inquiry. 

It will focus on both the legal ramifications of compliance with the current and incoming Aboriginal Heritage legislation but also the ‘social licence to operate’ ramifications of not maintaining good relations with relevant Traditional Owners.
 

Over the past 12 months we have seen some noteworthy developments in the obligations imposed on director and officers of both public and private companies. A key understanding of these developments is essential not only to minimise potential liability for a claim of a breach of these duties but also to manage reputational risk for corporations and the individuals involved. 

This webinar, hosted by Gilbert + Tobin’s award-winning Corporate Advisory team,  will bring you right up to speed on recent developments in director and officer duties and liabilities and will include:

• a refresher on D+O liability;
• noteworthy developments in case law around directors’ duties;
• changes to D+O liability under the continuous disclosure regime;
• issues with ‘greenwashing’, and why directors and officers should be alive to litigation risks; 
• issues presented by cyber-attacks and data breaches; and
• some key directors’ duties issues in corporate control transactions (if time permits!).

Companies worldwide are seeing an increased focus on environmental, social and governance (ESG) matters. This is driven by growing attention by governments, investors, financiers, customers, suppliers and the wider public on the manner in which corporates conduct their business. Profitability in and of itself is no longer enough.

This webinar hosted by Gilbert + Tobin will involve a broad panel discussion on ESG, and will provide tips for those in the legal function. It will explore a range of topics including:

• the impact of climate change on business activity and the development and delivery of projects;
• corporate governance implications, including directors’ duties, disclosure and reporting obligations, shareholder activism and stakeholder relations;
• ESG drivers in mergers and acquisitions; and
• ESG debt financing in the Australian market, including sustainability linked loans, green loans and social loans.

The extended pandemic environment, combined with corporates, private equity firms and investors holding significant capital to deploy, is predicted to lead to a notable increase in distressed investment opportunities for buyers in both debt and equity as well as restructuring and recapitalisation opportunities for businesses.

This webinar hosted by Gilbert + Tobin’s market leading Restructuring + Insolvency and M+A teams will cover:

• common issues that arise in distressed transactions (including differences with going concern/traditional acquisitions);
• tips on structuring a competitive bid (debt or equity) for a distressed asset; and
• tips for restructuring or recapitalising a business via a deed of company arrangement

The protection of trade secrets and confidential information can be paramount to the commercial success of a business. With the transition to working-from-home, businesses are facing technological and practical challenges as they seek to protect their confidential information from theft or misuse by employees. 

This webinar presented by Gilbert + Tobin’s Employment team, will cover measures that you can implement to protect your confidential information, including:

• implementing security measures, including usage monitoring and other surveillance practices; 
• having robust contractual protections and IT usage policies; and
• developing and implementing procedures to ensure high-risk employees’ devices are monitored and examined to ensure that confidential information is protected.

This session will also cover the steps an employer could take if its security measures fail, including obtaining personal devices for forensic examination, injunctive relief requiring the return of information and damages for breach.
 

The COVID-19 pandemic has impacted how we work in almost every way.

As the Government response moves out of the “containment” phase into a “living with COVID” phase, employers are now dealing with new challenges. While remote work became the norm during lockdowns, many employers are now looking to move back to the office. Employers are now also having to consider the reality that there will be outbreaks of COVID-19 within the workplace and grappling with how this risk needs to be managed.

This session will look at some of the developments relating to how employers and tribunals are dealing with requests for remote working arrangements and what is happening with mandatory vaccination policies.

As we emerge from the Covid cocoon we understand that many members are not quite ready for a complete conference experience but they do want an alternative to webinars. How can we deliver this to members?

ACC Australia’s In-House Counsel Month (IHCM), has replaced our In-House Counsel Days. This new concept has expanded the in-person, one-day format to encompass the whole month of May, in each state, and incorporate a mix of virtual and in-person events. In-House Counsel Month (IHCM) will be available to everyone, in every state. 

The month will be divided into four themes:

• Week 1: Lead the Law (substantive law topics)
• Week 2: Lead the Business (organisation focussed topics)
• Week 3: Lead Yourself and (topics aimed at the individual)
• Week 4: Lead Your Networks (virtual networking and in-person social events).  

This month of activity will include online education, in-person and virtual roundtables, and networking opportunities. 

In addition, each Friday during the month of May, the Legal Technology and Innovation Community will be spotlighting legal technology and innovation content. 

Wherever safely possible we will be holding networking events in the days of 23 – 31 May in WA, NSW, VIC and QLD. 

We invite all of our members to Transform Together, just like we have done with our In-house Counsel conference experience.

The Association of Corporate Counsel (ACC) are delighted to be supporting the inaugural Lexology Connect: Financial Services Asia – a half-day virtual event specifically designed for senior in-house counsel and compliance executives operating in the financial services industry.

Across an engaging half-day program, Lexology Connect Financial Services Asia will tackle the key issues within the financial services industry, allowing in-house legal and compliance professionals to discuss these from both a local and international context.

Lexology Connect: Financial Services Asia will be held virtually Thursday, 2nd September 2021.

Can I be happy and a lawyer?
Why does a thriving professional career as a lawyer so often seem to be mutually exclusive with little things like… time with your family and friends, a good night’s sleep, feeling calm, enjoying your day, feeling confident and on top of things, doing work you enjoy, being able to speak up at work, progressing up the career chain without needing to give up the rest of your life, feeling constant guilt whatever you choose…

If all it took was brains to solve that problem, you’d have done it long ago. So what now?

Common unhelpful patterns for lawyers include
·      Perfectionism
·      People pleasing
·      Conflict avoidance, or frequent conflict
·      Difficulty making decisions
·      Overwork and burnout
·      Micromanaging and difficulty delegating
·      Clashing demands in different areas of life

Paradoxically, it’s likely some of these patterns helped you succeed – but now they are holding you back. Rather than eliminate then, learn to harness and work with them.

Join Madeleine Shaw and ACC Australia for Thriving as a Lawyer. In this powerful, 8 week coaching program you will gain some quick wins and explore the deeper patterns, habits and subconscious beliefs that may be holding you back from setting up your work and life so you can thrive in both. 

Please click here if you would like to know more information about the course. 
 

“Madeleine being a lawyer made a huge difference. She really understood my world and how I could - and couldn’t - change it. It meant I could explore possibilities in ways that were actually practical and achievable.”
Rebecca – Corporate Counsel
“The best thing about this program was the sense of calm empowerment Madeleine was able to unlock for me. I was able to bring a sense of control and calm to a tumultuous year because of the work with Madeleine and especially the tools we used.”
Elise – Special Counsel

This is a 8 week program, comprising 4 x weekly and 2 x fortnightly 1 hour workshops (in small groups of up to 10). ACC Australia is delighted to offer this exciting program to members for the subsidised rate of only $390 per person.
 

ACC Australia is delighted to offer a powerful, practical interview with Madeleine Shaw, following her session which received outstanding feedback at the recent NSW In-House Counsel Day. 

Do you proof-read your sent emails?

It’s no secret that burnout, dissatisfaction and overwork are rife within legal practice. If it just took brains to solve that problem, you would have done that by now. Yet smart lawyers end up held back by many of the habits that, in some ways, are also what made them successful:

• Perfectionism
• Strong work ethic
• People pleasing
• Detail focus, micromanaging and difficulty delegating
• Conflict avoidance, or frequent conflict
• Difficulty making decisions
• Overwork and burnout

In this session, you will take a new perspective on this paradox and hear about practical action steps for getting back to solid ground while retaining the traits that make you a great lawyer. 

ACC Australia and Madeleine will also be offering an 8 week program to guide you through this process in depth, launching in August, and will share details with you on this webinar.