May 27, 2015
Message from Jennifer Mailander Litigation Committee Chair  
Inhouse ACCess Blog - To Blog or Not to Blog That is the Question!  
ACC Annual Meeting 2015 Litigation Committee Programs  
Litigation Committee Annual In-Person Business Meeting/Lunch  
Applause, Applause  
Upcoming Events  
Practice Resources & Sponsor Highlight  
Litigation Committee Leadership  
Virtual Library
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Upcoming ACC Programs
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Updates From ACC Committees

Message from Jennifer Mailander Litigation Committee Chair

Hello! Happy Spring and welcome to the 2nd installment of the ACC Litigation Committee Quarterly Newsletter.  

As I was preparing to write this message, I realized that we are at the mid-year point and I’ve already served six months in my role as Chair. Wow – how did that happen and where did the past six months go? I was suddenly enveloped by a wave of anxiety as my mind raced to identify what in the heck we’ve done in the past six months. While I was tempted to run screaming from my office to the local pub, I took a deep breath, laughed at myself and then recalled reading the ACC 5-Year Strategic plan that I had recently received. I spent some time reflecting on the Committee’s accomplishments to date and I was pleased to realize how closely aligned the Litigation Committee activities have been with the ACC strategic themes. The following are the three strategic themes identified in the ACC 5-Year Strategic Plan with examples of how the Committee exemplifies these themes.

Strategic Theme 1Combine and focus resources to streamline the exchange of information. 

On a daily basis, I see multiple examples of Committee members sharing information, whether it’s through the Litigation eGroup requesting guidance on how to handle a particular issue or outside counsel referrals, or lively discussions during the monthly meetings and webcasts. Plus, we are continuously looking for new ways to connect with our diverse membership. At the April Committee meeting, we discussed the group’s interest in blogging as another avenue to connect with you. Read the section below about the In-house ACCess Blog and how you can participate if you are interested.  Additionally, the Litigation Committee is in the unique position to be supported by two excellent sponsors. Morrison & Foerster and Navigant Consulting both provide superior educational materials and content for our monthly meetings, webcasts, this newsletter and our Litigation Committee webpage.  

Strategic Theme 2:  Optimize services and experiences to retain and engage members.

The ACC Annual Meeting is one of the most significant ways for members to realize the benefits of their ACC membership. Members can engage each other, network and meet their CLE requirements. This year the Committee is sponsoring five panels on pertinent and important topics proposed and developed by you, our Committee members.  The panel topics and organizers are listed below, in the section titled “ACC Annual Meeting 2015 – Litigation Committee Programs.” Panelists are already meeting and hard at work developing the program materials. We also hope you’ll be able to join the Committee meeting on Tuesday, October 30th at 12:45 PM ET. Remember, even if you can’t attend the Annual Meeting in person, you don’t have to miss out. You can still benefit from the materials posted online, join the live webcasts, and attend the Committee meeting remotely.   We are also looking for ways to stay more connected with the local chapters. In the coming months, we will be combining resources with the National Capital Region, Chicago and New Jersey Chapters to sponsor networking lunches to provide the opportunity for face-to-face networking and encourage further connections so that we can collaborate and learn from one another. Stay tuned for more information on how you can get involved if you are interested.   

Strategic Theme 3: Position ACC for continued relevance and impact as the voice of the in-house bar.  

Every activity of the Committee and sponsor programming goes towards supporting this theme.  Since November 2014, we’ve hosted six legal quick hits on excellent topics dealing with persuasive lawyering techniques, managing complex privilege issues in international litigation, and deposition challenges under Rule 30(b)(6) of the U.S. Federal Rules of Civil Procedures. All of these topics have helped grow our monthly membership attendance. Additionally, we’ve had two excellent and very well attended webcasts dealing with Global Anti-Trust Violations and Foreign Corrupt Practices Act (FCPA) compliance, and suggestions for ways to reduce spoliation risks. Further, we created two subcommittees this year focusing on Law Firm Cyber Security (Evan Slavitt, Chair) and In-House Litigators (JC Miller, Chair) for in-house counsels who actually litigate.

Again, I say “wow”! It’s been an action packed year and on behalf of the Committee leadership, I thank our members for their engagement and suggestions for improvement. Many thanks to our Membership Chair Scott Dulaney for his efforts in producing another excellent and timely newsletter. The Committee’s leadership team is identified at the conclusion of this newsletter. Please reach out to any of us to share your thoughts and feedback on how we can better support your needs and help make ACC and its membership even stronger. Here’s to the next six months!


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Inhouse ACCess Blog - To Blog or Not to Blog That is the Question!

Have you checked out the In-house ACCess Blog yet? The Committee leadership wants to know if our members might be interested in blogging for the Litigation Committee. The goal of the blog series is to discuss issues that are important to your industry or practice area. If we get enough interested members, the Committee can commit to a full series of 12-15 blog posts, supporting our page within ACC's Inhouse ACCess blog. If not, members are still able to post on ACC's blog page. Check out the Health Law Committee’s blog for an excellent example.

Please email Jen Mailander if you might be interested in blogging for the Committee. 

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ACC Annual Meeting 2015 Litigation Committee Programs

The Committee will sponsor or co-sponsor six programs at the 2015 ACC Annual Meeting in Boston, on October 18-21.  Session 203 on cyber security is being organized by Jennifer Mailander, Session 303 on professional responsibility is being organized by Murphy Burke, Session 403 on contract negotiation is being organized by Wende Arrollado, Session 503 on high exposure litigation is being organized by Helena Almeida and Frank Rudewicz and Session 703 on the Valukas Report is being organized by Evan Slavitt.

Monday, October 19, 2015

11:00 AM – 12:30 PM: 203 - A Brave New World: Cybersecurity and Data Protection in the Wake of Recent Corporate Attacks

Presented by the ACC Litigation Committee and Information Governance Interest Group

Skill Level: Advanced         

There are two kinds of companies: those that have had a security breach and those that will have a security breach. Security incidents present numerous significant risks to companies, including negative brand and reputation attention, loss of sales or customer churn, financial penalties and legal exposure. This session will provide practical guidance from an in-house perspective on the multiple challenges posed by cybersecurity issues, best practices for data protection and steps to take in the event of an information security breach. Topics will also include insurance and vetting third-party vendors.

William Hardin, Managing Director, Navigant Consulting
Erez Liebermann, Vice President, Senior Regulatory Counsel, Prudential Financial
Korin Neff, Senior Vice President and Corporate Compliance Officer, Wyndham Worldwide Corporation
Miriam Wugmeister, Partner, Morrison & Foerster LLP

2:30 PM – 4:00 PM: 303 - Common Professional Responsibility Issues Faced by In-house Counsel

Presented by the ACC Litigation and Compliance & Ethics Committees

Skill Level: Intermediate           

This session will raise common ethical issues faced by in-house counsel and discuss best practices for handling those issues.

Murphy Burke, Assistant General Counsel, Zurich North America
Maria Rescigno, Staff Attorney, Textron Systems
Allie Wright, Associate General Counsel, Allegis Group, Inc.

4:30 PM – 6:00 PM: 403 - Best Practices in Contract Negotiations from a Litigator's Perspective

Presented by the ACC Litigation Committee

Skill Level: Intermediate         

How will that contract you just drafted stand up to the scrutiny of a judge or jury? Each year, some of the largest jury verdicts in the United States are awarded in breach-of-contract cases. Panelists will discuss lessons learned from trying contract cases to help you evaluate, prepare for and win contract-related litigation. Topics will include unique issues that arise in trying contract claims, how commonly used contractual clauses can backfire at trial, minimizing risk in contract drafting and negotiation, restricting application of fiduciary duty and the implied covenant of good faith and fair dealing, third-party vendor liability and damages.

Lisa Castleton, Senior Counsel, St. Jude Medical
Grant Esposito, Partner, Morrison & Foerster LLP
Jerry Hall, Senior Attorney, XO Communications

Tuesday, October 20, 2015

9:00 AM – 10:30 AM
: 503 - Lessons Learned in High-exposure Litigation

Presented by the ACC Litigation Committee

Skill Level: Intermediate       

This session will discuss lessons learned from high-profile litigation, including how to manage internal expectations, address reputational risks and remedial measures to consider.

2:30 PM – 4:00 PM: 703 - General Motors: What In-house Counsel Can Learn from the Valukas Report

Presented by the ACC Litigation and Compliance & Ethics Committees

Skill Level: Intermediate           

The Report to the Board of Directors of General Motors Company regarding ignition switches, more commonly known as The Valukas Report, lays significant blame on GM's in-house counsel for the handling of the matter. This panel will discuss and evaluate whether the report’s conclusions are sound and what critical lessons can be learned by other in-house counsel.

4:30 PM – 6:00 PM: 803 - Crossing the Atlantic: Navigating the Rough Litigation Waters in the United States and Europe

Presented by the ACC IT, Privacy & eCommerce and Litigation Committees

Skill Level: Advanced         

As more companies go global, in-house counsel must manage litigation where a foreign entity is sued in the United States or litigate a matter in Europe. Not only must in-house counsel educate overseas managers about the reality of litigation in the United States and learn various rules abroad, but they also face the difficult task of determining what is discoverable and how to conduct investigations to comply with the demands of US courts and stringent EU data and privacy regulations. This panel will focus on highlighting the differences between the key stages of litigation in the European Union and the United States, using real-world examples to help in-house counsel better prepare to deal with the practical implications of litigation involving multiple jurisdictions.

Katia Bloom, Senior Legal Counsel, Avira, Inc.
Myriam Modrok, Senior Legal Counsel, Avira

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Litigation Committee Annual In-Person Business Meeting/Lunch

For the committee members in attendance at the ACC Annual Meeting in Boston, please sign up for the Litigation Committee's annual in-person business meeting/lunch on Tuesday, October 20, 2015 at 12:45 pm.  Details can be found when registering for annual meeting programs.

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Applause, Applause

Jean-Baptiste Pessey, Assistant General Counsel and ACC Litigation Committee Liaison, or JB, as he is known to his fans, deserves a round of applause for conducting the very well-attended April Legal Quick Hit “Presentation Skills for In-House Lawyers” for the Law Department Management Committee.

Make sure you read Evan Slavitt’s (Vice President for Business and Legal Affairs AVX Corporation) March ACC Docket Article “A Failure to Start: Lessons Learned from the Valukas GM Report.” Evan also published "Nobody Cheers for the Umpires: Lessons for the General Counsel from Baseball" in March in the SC Lawyer, the magazine of the South Carolina Bar. Nicely done Evan!

Kate Pytlewski, Senior Counsel EPAM Internal, and Jennifer Mailander, Associate General Counsel Corporation Service Company presented “Best Practices in Global Subsidiary Compliance” at the Greater Philadelphia Delaware Valley Chapter In-House Counsel Conference on April 21st.

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Upcoming Events

Join us for the next Litigation Committee Webcast.

Title: An In-house Counsel's Guide to US Trade Secrets: Protection and Litigation
Date: May 28, 2015, 2:00 PM ET, 6:00 PM GMT
Description: Please join us for a substantive presentation on defensibly protecting your company's trade secrets from misappropriation. Our speakers will provide guidance on the following questions:

  • What are trade secrets and how can in-house counsel identify it?
  • When would it make sense to patent a trade secret?
  • What can in-house counsel do to protect their company's trade secrets?
  • How can in-house counsel help their company avoid trade secret claims?
  • What can be learned from recent case law in trade secret litigation?
For more information and to register for this webcast, please click here.

We also have a Legal Quick Hit coming up in June, during the monthly Litigation Committee Meeting.

Title: Recent Developments in US Telephone Consumer Protection Act Litigation
Date: June 23, 2015, 4:00 PM ET, 8:00 PM GMT

For more information and to register for the Legal Quick Hit, please click here.

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Practice Resources & Sponsor Highlight

The Litigation Committee would like to thank Morrison & Foerster LLP (MoFo) for its sponsorship and role in providing useful information for committee members.  MoFo is a global firm and has clients that include some of the largest financial institutions, Fortune 100, technology, and life sciences companies.  MoFo has been included on The American Lawyer’s A-List for 11 straight years, and Fortune named it one of the “100 Best Companies to Work For.”  As part of its sponsorship, MoFo provided the following practice resource information:

Cybersecurity – Emerging Trends and Regulatory Guidance

Cyberthreats cannot be eradicated, but they can be managed. Every in-house counsel should be able to answer the following questions: What should my company do to prepare for a data breach, and how can I help?

Global Antitrust and FCPA Compliance

This ACC webcast covers what in-house counsel need to know about compliance with antitrust and anti-corruption laws around the world. The program includes a discussion of recent trends in cartel and anti-corruption enforcement, and will provide practical advice on managing compliance. To view the webcast for CLE credit, click here.

California AG Initiates Supply Chain Act Disclosure Review; Enforcement Actions Likely to Follow

The California Attorney General has kicked off a campaign to ensure that companies are complying with their obligations under the state’s Transparency in Supply Chains Act of 2010. While self-reporting on compliance is voluntary, we expect that the AG will focus enforcement investigations on non-responders and those companies that report that they are noncompliant.

The Other Shoe Has Dropped: CFPB Releases Report on Arbitration

The Consumer Financial Protection Bureau (CFPB) recently released its long awaited Report to Congress on arbitration agreements in consumer financial contracts. Here’s our summary and analysis of the CFPB’s findings, along with a roadmap of what comes next.

The Litigation Committee would also like to thank Navigant Consulting (Navigant) for its sponsorship and role in providing useful information for committee members. Navigant is a specialized, global professional services firm providing a wide range of financial management services, investigation services, litigation support services, business management consulting services, and software programs for use in database management, analysis and benchmarking. The firm combines deep technical expertise in Disputes and Investigations, Economics, Financial Advisory and Management Consulting, with business pragmatism to address clients’ needs in highly regulated industries, including Construction, Energy, Financial Services, Healthcare, Life Sciences and more.  As part of its sponsorship, Navigant provided the following practice resource information:

The SEC's Renewed Focus on Accounting Fraud and How They are Leveraging Technology to Tip the Scales

In this article, the authors describe the SEC’s focus on financial statement fraud and how the Commission is turning to technology, mathematics and computer science to uncover accounting fraud.

Ignorance is Not Bliss: Evolving Cyber Crime

Advanced cyber-attacks and data theft schemes continue to evolve in both complexity and frequency. This article looks more closely at the evolving landscape around cyber crime and the potential implications for organizations.

Unconventional Oil and Gas Litigation Trends Report

This article discusses U.S. litigation trends in 2014, and highlights noteworthy cases affecting the unconventional oil and gas industry.

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Litigation Committee Leadership



Jennifer Mailander

Associate General Counsel & Director Corporate Markets, Corporation Service Company


Edward Paulis

Vice President & Assistant General Counsel, Zurich North America   


Korin Neff

Senior Vice President and Corporate Compliance Officer, Wyndham Worldwide Corporation

Advocacy Chair

Vincent Castiglione

Deputy General Counsel, VF Sportswear, Inc.

Advocacy Chair

Monica Palko

Deputy Chief Counsel, BAE Systems Land & Armaments

Membership Chair

Scott Dulaney

Senior Corporate Counsel, Caterpillar Financial Services Corporation

Annual Meeting

Program Chair

Tyrus Ulmer

Chief Counsel, The Boeing Company

Publications Chair & Law Firm Cyber Security Subcommittee Chair

Evan Slavitt

Vice President for Business &Legal Affairs, AVX Corporation

Webcasts Chair

Bryon Koepke

Senior Vice President & Chief Securities Counsel, Avis Budget Group

Webcasts Chair

Samuel Shapiro

Litigation Counsel, Vail Resorts Management Company

In-House Litigation Subcommittee Chair

JC Miller

Executive Director & Senior Counsel,  Litigation and Employment

XO Communications

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