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In-house counsel are often tasked with negotiating contracts with Federal or State governments or their agencies for the supply of goods or services or provision of works, or for the delivery (including construction and financing) and/or operation of public infrastructure including transport, schools and hospitals. 

Contracting with government raises some unique legal issues and particular challenges which can trip up the unwary and give rise to risk of contract termination, invalidity or unenforceability. Governments themselves and their agencies also face policy issues and requirements which need to be addressed in contracts with the private sector.

Join Peter Doyle and Roy Groom from Gilbert + Tobin’s Energy + Infrastructure team for a live webinar on the tips and traps of government contracting. Hosted in conjunction with ACC Australia, this session will cover a range of topics relevant to both corporate and government lawyers, including:

  • the nature of the government contracting; 
  • source of capacity and power to contract, authority to sign and bind and the doctrine of ultra vires; 
  • Crown powers, privileges and immunities; 
  • Government policy around ethical, sustainable and socially responsible procurement and implementation; 
  • privacy issues and government reporting and disclosure requirements; 
  • government probity policies and their implementation in practice; and
  • risk sharing and managing contracts with government.

General counsel and company secretaries of listed public companies (and other disclosing entities) are tasked with helping their board ensure the company complies with its statutory obligations, including its continuous disclosure obligations. Getting it wrong can have a range of implications for the company and its officers, including suspension from ASX, an ASIC infringement notice, civil and criminal penalties, not to mention the risk of litigation and serious reputational damage. 

This seminar will introduce in-house counsel and company secretaries to Australia’s continuous disclosure framework, and will explore a number of hotspots including: 

  • leaks and lost confidentiality; 
  • upgrades or downgrades to earnings guidance and earnings surprises;  
  • material exposure to ESG issues; and 
  • regulatory investigations or other material events potentially causing financial loss or reputational damage. 

The energy sector is undergoing rapid transformation. Climate change and technological advancements are disrupting energy markets, and creating challenges for regulators, policy makers and market participants.

This webinar, hosted by Gilbert + Tobin’s award-winning Competition + Regulation team, will explore the latest regulatory developments in the energy sector, including:

  • major interventions in gas markets; 
  • changes to the electricity grid connection rules; and
  • the ongoing development of Government schemes to support investment in renewable energy zones. 

This CPD session is a must for in-house counsel who expect to be involved in major projects, transactions or disputes in the energy sector over the coming year.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth), which was passed by the Government on 7 December 2022, contains some of the most significant industrial relations reforms since the Fair Work Act 2009 (Cth) was enacted. These reforms will have major implications for Australian businesses across all industries and sectors.  

Key changes include: 

  • expansion of multi-employer enterprise bargaining, reduced barriers to Fair Work Commission arbitration and changes to the approval process for enterprise agreements;  
  • limitations on the use of fixed term employment contracts; 
  • abolition of pay secrecy provisions in employment agreements; 
  • new prohibitions on sexual harassment; 
  • greater powers of the Fair Work Commission to settle disputes relating to flexible working arrangements and parental leave extensions; and  
  • empowering the FWC to make equal remuneration orders. 

This session will: 

  • provide an overview of the specific changes that came into effect on 7 December 2022, and those that will take effect in June and December in 2023; 
  • outline what these changes mean for Australian businesses; and 
  • explore the role of in-house counsel to help Australian businesses prepare for the remaining changes which come into force later in 2023. 

Networking and buffet lunch: 12:30 pm - 1:00 pm

Presentation: 1:00 pm - 2:00 pm

In this session, Clayton Utz Partners, Liz Humphry and Lucy Shea, together with special guest panellist, Phil McKeiver, GC of FFI, will discuss the latest developments and trends in ESG risk and risk management, including the evolving regulatory landscape, climate change litigation here and overseas, regulator and societal expectations, and practical implications for business.

Program Summary:

4.00pm Arrivals

4.30pm Presentation 

5.30pm Post-presentation canapes and drinks

Throughout 2022, we saw extensive regulatory changes and external challenges faced by corporate organisations across all industries. Looking to 2023, we expect to see the impacts of these changes consequently bring novel challenges to watch out for.

In this roundtable discussion, our panel will discuss:

  • A summary of the major enforcement proceedings brought by the ACCC in 2022, and the areas we expect to see further action in 2023
  • Developments in class actions and climate litigation
  • Cyber security breaches from 2022 and how these will impact on 2023
  • AFSL license holders and how cyber security measures interact with the Corporations Act

This session will be relevant for all in-house counsel roles.

Page Seager Lawyers is excited to host ACC Australia members for an update on what to expect in the employment law landscape in 2023.
 
Join Principal Joe Mullavey and Associate Audrey Clarkson for an overview of the workplace law reforms which are due to be introduced by the Commonwealth Government in the coming months including:

  • The Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 which proposes to legislate 10 days' paid family domestic violence leave for all national system employees;
  • The Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 which seeks to implement further recommendations from the Australian Human Rights Commission Respect@Work Report; and
  • The changes proposed to multi-employer bargaining.

Generously Sponsored by Spencer Fane

'Spencer

REGISTER NOW

Please join ACC Colorado and Spencer Fane for an evening at Eddie V’s Restaurant in Greenwood Village. This presentation features two simple guys building on their decades of real-world experience about:

  • complex cyber, legal, compliance, and regulatory issues in a practical way that normal people can understand
  • how to apply this knowledge to your companies to be better prepared for and resilient to overall business cyber risk
  • the lifecycle of a cyber-attack (such as ransomware attack) and address key phases such as: what they are, how they happen, what the process is for recovery and investigation
  • how to prepare for and hopefully prevent attacks from happening

The speakers will address many legal, compliance, and regulatory issues that arise from such attacks and explain how the consequences of these issues can impact the company for many years. They will then demonstrate how this understanding should inform and guide how companies develop and mature their cyber risk management program with a foundation that focuses on the end goal of what must be done when the unthinkable happens so that, if it does, they are prepared and able to meet their obligations.

Moderator:
Jon Watson, Partner, Spencer Fane
Speakers:

Shawn Tuma
, Partner, Spencer Fane
Jeremy Rucker, Associate, Spencer Fane

Registration fee:
ACC Members
$35 | Non-members: $50  

Approved for one (1) general CLE credit.

 

 

 

 

Colorado’s New HB 22-1317 Non-Compete Statute: Emerging Issues

Date: Thursday, February 9, 2023

Time: 9:00 a.m. – 5:00 p.m. MST

Location:
Sheraton Denver Downtown Hotel
1550 Court Place, Denver, CO 80202

Parking: Self-paid, self-parking available in various first come, first served area garages/lots here.

Registration Fee: Complimentary (no charge)

Join us for this conference jointly sponsored by the Colorado Association of Corporate Counsel (ACC) and Fisher Phillips.

This will not be your typical sit-and-listen-to-a-lecture conference. Rather, this will be a highly participatory gathering of experienced attorneys to discuss and generate consensus on presently unanswered questions arising out of Colorado’s newly enacted non-compete statute (“HB 22-1317”).

What type of issues will be discussed?
Examples include:

  • Does at-will employment continue to suffice as consideration?
  • Does 22-1317 (by implication) proscribe restrictive covenants contained in separation agreements?
  • Are employee nonsolicitation agreements (i.e., covenants not to recruit employees) governed by 22-1317?
  • Does the statute require notice for confidentiality agreements?

Who will attend the conference?
Seats are limited. The make-up of attendees (i.e., participants) will be designed to ensure a representative cross-section of attorneys. We want to ensure we have attorneys who typically represent employees; attorneys who typically represent employers; attorneys from big and small law firms and public interest firms; in-house lawyers from large and small companies; in-house lawyers from companies that tend to hire employees from competitors and companies that tend to require and enforce restrictive covenants; etc.

How will the conference operate?
The day will begin with an opening panel to set the context for discussion later in the day. The panel includes Representative Kerry Tipper (the primary author of 22-1317), Magistrate Judge Kristen Mix, and recently retired Colorado Court of Appeals Judge David Richman. After the opening panel, the conference will shift to a highly participatory format. Topics like those listed above will be teed up for discussion, and the attendees will be anonymously polled to determine what consensus, if any, exists. (To foster candid debate, we will require attendees to sign confidentiality agreements promising there will be no attribution of comments to participants outside the conference. This way, no one will be permitted to hold an “argument” against someone in the future.)

Will we generate any work product?
After the conference, we will prepare a written report that summarizes the discussions (without attribution to any particular participant) and results of the polls. The desire is that the work product may serve as a useful reference to courts encountering some of the unique issues discussed, and perhaps as an aid to future legislative efforts. 

Breakfast, lunch, snacks, beverages and a cocktail hour will be provided.

Fisher Phillips will make all reasonable efforts to obtain CLE credit for this program in every state that is relevant to attendee’s MCLE needs. In certain instances, some programs may not be awarded CLE credit because of content, delivery or jurisdictional restrictions.

If you have any questions, please contact Ashley Ollison.

ACC Colorado Presents

WEBINAR

Assessing Compliance Programs and Risks in a Volatile Environment

 

Wednesday, December 14, 2022
11 AM – 12PM MDT

CLICK HERE TO REGISTER

No Cost to Attend the Zoom Meeting

One CLE Credit Pending Approval

Please join Greenberg Traurig’s Cuneyt Akay in a discussion regarding U.S. Department of Justice guidance on evaluating corporate compliance programs, key sources of risk, program effectiveness data, and remediation of program weaknesses. In addition, he will address the legal violations that may hold people back from taking their businesses internationally, potential barriers limiting global expansion, and more trends related to the Foreign Corrupt Practices Act (FCPA).

Cuneyt A. Akay, Shareholder, Greenberg Traurig LLP, is an anti-corruption lawyer focused on helping clients comply with the Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act. Cuneyt designs, builds, and implements effective compliance programs for clients around the world. Cuneyt’s experience includes conducting internal investigations, performing compliance risk assessments, handling pre-and post-acquisition compliance due diligence, training staff and third parties on compliance requirements, and assisting in the monitoring and auditing of anti-corruption programs. Cuneyt also represents clients in complex civil litigation, class actions, and appellate proceedings in both state and federal courts throughout the country. In addition, he advises clients on governmental matters, including election law issues, ballot initiatives, campaign finance, and administrative proceedings.

 

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