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Professional, ethical conduct requires sensitivity, recognition, and constant vigilance. Corporate counsel should be every bit as good, if not better, than our outside counterparts at educating our people, and recognizing and appropriately addressing ethical issues. While doing so, we must also provide our clients with “Hall of Fame” service that goes well beyond the basics of good file handling, excellent legal advice, and reporting.

Electronic content management is a hot issue, especially with discovery’s scope extending to all electronically stored information (ESI). How can in-house counsel be proactive in managing ESI? Numerous vendors providing valuable services related to ESI attend the ACC Annual Meeting. These services help in-house counsel manage electronic records retention, document management, litigation hold policies/procedures, compliance, reporting, etc. Before talking to vendors, attend this session for guidance on defining and addressing information management problem areas within your company.

Litigation of any kind is incredibly daunting for almost every defendant. The stigma, process, and potential costs associated with sexual harassment litigation can be especially harrowing. In this presentation audience members sat in the jury box and watched a DVD of a mock sexual harassment trial. The audience then was broken up into small groups with each “jury” asked to deliver a unanimous verdict and discuss the reasons behind their decision. This process showed corporate counsel which actions are the focus of jury deliberations and allowed them to participate in a jury trial.

For over 50 years, members of the European Union have worked to create a single, harmonized pan-European internal market. However a seeming paradox has arisen: The more "harmonizing” legislation is passed at EU level, the more important divergent nationals laws become. This rise of national law, combined with the devolution of activity from EU to national regulators, has serious “real world” compliance ramifications for companies doing business in Europe.

Climate change is about more than smokestacks. Lawyers need to understand what legislators, regulators, and plaintiffs plan to do about climate change, carbon, green house gasses, and energy efficiency statutes and regulations. Learn from a panel of authorities about the demands that may be placed upon your buildings, operations, public disclosures, and energy purchases, and the role that you as inside counsel will be required to play in the implementation of, and compliance with, emerging environmental regimes.

Think your commercial contracting experience will easily transfer to understanding and negotiating government contracts? Think again. This session delivered a primer on how contracting with federal agencies differs from private sector contracting. We also showed you how to determine which statutes and regulations apply and discussed how to develop the requisite compliance program. More importantly, you will walk away understanding how signing a public contract might affect your business and its property rights and when you need to hire an expert.

Records management does not need to be overwhelming. This panel of ACC members discussed practical steps companies take to address the underlying causes of records management issues around privacy, compliancy, and ediscovery, the common causes of these and other records management related problems, and provided overview and discussion of the practical steps their companies took to reduce related costs and risks. Learn how to uncover where an organization may have these issues in management of their information, potential exposure and practical steps to address them.

Increased levels of corruption, a heightened regulatory environment, and pointed questions from their auditors and boards, have led companies to be much more vigilant in their efforts to address corporate fraud. This session focused on the role of in-house counsel in designing, implementing, and communicating an anti-fraud program. We considered areas of vulnerability, early detection processes, how to avoid and prepare for possible litigation stemming from corporate fraud, and how to reduce potential for class action lawsuits.

Environmental regulatory and liability concerns increasingly touch upon thousands of products in the marketplace based on the chemicals they contain. In some cases, if not reformulated, products are banned. A panel described how the list of controlled chemicals (like lead and mercury) has grown in the last decade, what laws regulate products, and how manufacturers are reacting to demands for bans or restrictions on certain chemicals.

ERISA is a complicated topic and opportunities to have it sorted out for you and the risks quantified are few and far between. This program did exactly that. It identified areas where many companies have deficient compliance programs and risk management, then offered practical solutions to address those challenges with a focus on adoption of best practices. The presentation focused on both regulatory compliance and discharge of fiduciary responsibilities.

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