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This session provides training on the sentencing guidelines and other criteria used to measure compliance programs, including a comparison with the standards of COSO, OECD and the Adequate Procedures guidelines under the UK Bribery Act. The program will provide practical advice on the design, implementation and enhancement of compliance and ethics programs.

An overview of clauses in M&A agreements that can cause problems, including assignment, merger/integration, forum selection, governing law, specific performance, survival of representations and warranties, waiver of jury trial, severability, and notice.

Why do we have compliance programs and what does it take to make them Effective with a capital “E?” Why do we care? What is the role of in-house counsel in making sure that effectiveness is achieved and delivered? Effective ethics and compliance programs are important both preventatively – to make sure that bad conduct does not occur – and after the fact – to make sure that bad conduct gets addressed so it doesn’t continue and won’t happen again. Moreover, not having an<br />effective program can have disastrous consequences.

D&O insurance can play a critical role in funding bet-the-company litigation and protecting the company's directors and officers. Seemingly innocuous differences in policy wording can make a critical<br />difference in determining whether coverage is in fact available when a claim is made. This session will address policy wording, which requires special attention when coverage is purchased, negotiating strategies<br />with your proposed insurance carrier and key provisions which may come into play once a claim is made.<br />

This program will explore what companies are required under SEC guidance, or may soon be required (by regulation or consumer demand), to disclose regarding how much carbon their products have generated, the chemicals used in their products, the origin of product materials and the well-being of the workers making their products. This may soon be required of the entire supply chain for products.

A presentation covering the finer points of the 'whistleblower' provision of Dodd-Frank.

Every company inevitably either knowingly or inadvertently will do business with an entity that is in financial distress. How do you plan to do business with a financially troubled company? What legal steps can be taken to ensure performance by such a company? What actions can be taken to ensure payment or performance under an agreement with a distressed company? Will your client be liable for a preference recovery upon payment by a company that ultimately files for bankruptcy? Or is your client interested in acquiring assets from a company in financial distress?

This presentation covers the Dood-Frank Wall Street Reform and Consumer Protection Act Clawback Restrictions, clawbacks linked to non-compensation restrictive covenants, clawbacks linked to non-solicitation restrictive covenants, and special financial institutions' clawbacks or forfeiture provisions.

Employment litigation is often triggered by the actions of front line supervisors when faced with an unhappy employee. As an employer's first line of defense, supervisors must be trained to recognize employment law issues, what to say and what not to say to disgruntled employees, and when documentation is or is not necessary. This program will provide attendees with the critical skills needed to train supervisors to effective operate in an increasingly litigious environment.

This resource explains the types, planning and structuring of joint ventures, as well as other important aspects, such as resolving disputes and the Foreign Corrupt Practices Act.

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