08/27/2015 - Litigation Committee
> Message from Jennifer Mailander Litigation Committee Chair  
> Interested in a Leadership Position with the Litigation Committee?  
> ACC Annual Meeting 2015 Litigation Committee Programs  
> 2015 Leadership Development Institute Program at the ACC Annual Meeting  
> Litigation Committee Annual In-Person Business Meeting/Lunch  
> Applause, Applause  
> Upcoming Events  
> Litigation Committee Survey  
> Practice Resources & Sponsor Highlight  
> Litigation Committee Leadership  
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Updates From ACC Committees

Message from Jennifer Mailander Litigation Committee Chair

Helloooooo!  I hope you are enjoying the summer. This is my last newsletter message as Chair of the Litigation Committee. I’m pleased to report that the state of the committee is strong and we’ve had a very productive and successful year.  The committee’s productivity and success are a direct result of the hard work and coordination between the Executive Council (EC), our committee sponsors, the ACC staff, and our members. 


The Litigation Committee Executive Council

In 2014, we added six new EC members to reinvigorate the committee leadership team.  Combined with the tenure of the five existing EC members (each with three or more years on the Litigation Committee), it’s been a powerful blend of new and experienced leadership. This leadership allows us to learn and use our past committee experiences, while identifying new approaches for connecting with our members.     


The EC participates in regularly scheduled monthly calls along with many impromptu calls and even more email. The EC announced and set the committee’s strategy at the 2014 Annual Meeting and has delivered on that strategy throughout the past year.  You can review the strategy on the ACC Litigation Committee page and the EC members are identified below in the newsletter. 


The Litigation Committee Sponsors – Morrison & Foerster LLP, Navigant Consulting, Inc.

The Litigation Committee is in the unique and advantageous position of having two sponsors, Morrison & Foerster LLP and Navigant Consulting, Inc. Our sponsors are instrumental in providing substantive content and programming for ACC members.  At the 2014 Annual Meeting Committee Business meeting, members agreed that our sponsor relationships are essential to the success of the committee and introduced a monthly call between the EC and our sponsors to discuss scheduling, programming, questions and any issues or concerns. Additionally, our sponsor partners attend the monthly committee meetings.

The Litigation Committee ACC Staff

For every call and every activity, the ACC staff is there offering guidance and supporting the needs of the Litigation Committee.  The EC interacts regularly with our ACC Senior Director of Committees (Tori Payne), our Committee liaison (Jean-Baptiste Pessey, ACC Assistant General Counsel) and numerous other members of the ACC staff.  The EC acknowledges and sincerely appreciates all of the work that is done by ACC staff in support of the Committee. 


The Litigation Committee Members

This is you and almost 5,000 other members. Thank you for your support and interest. In the next month, the Committee will be sending out a survey to collect your feedback about the Committee’s direction and your interests. I encourage you to participate. I offer my sincere thanks to the EC, Morrison & Foerster, Navigant Consulting, the ACC staff and you. It’s been an amazing and fun year. Here’s to the continued success of the Litigation Committee and I hope to see you in Boston!

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Interested in a Leadership Position with the Litigation Committee?

The Executive Council of the Litigation Committee is interested in hearing from you! This is a fantastic opportunity to work with other in-house counsel, help develop topical resources of interest to in-house litigation and litigation management counsel, and develop your professional and leadership skills. No experience required.

To learn more or express your interest, contact next year’s incoming Chair, Ed Paulis at edward.paulis@zurichna.com.
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ACC Annual Meeting 2015 Litigation Committee Programs

Monday, 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.


Monday, 2:30 – 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, while helping you comply with  MRCP 1.13 regarding organization as client.


Monday, 4:30 – 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.


Tuesday, 9:00 – 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.


Tuesday, 2:30 – 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 less-than-ideal 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. The panel will also include MRCP 13 (Diligence) and MRCP 1.13 (Organization as Client) discussions, especially as they relate to the Valukas Report.

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2015 Leadership Development Institute Program at the ACC Annual Meeting

Those interested in ACC Committee leadership are encouraged to attend the 2015 Leadership Development Institute Program to be held on October 18th, 11:30 am - 3:30 pm ET at the ACC Annual Meeting in Boston, MA. Please register here

Listed below are the session topic titles:

  • Learning to Leverage ACC Resources: Staff and Technology

  • Succession Planning: Identifying and Developing Future Committee Leaders

  • Learning and Planning for the Annual Meeting Programming Process

  • Award Submissions: Positioning your Committee for an Effective Application

  • Effectively Driving New Member Growth, Participation & Engagement

  • Strategic Planning: Deciding What to Do and Finding Time to Do it

  • Creating Committee and Chapter Synergy and Cooperation: Joint Programming and Beyond

  • Developing a Strategic Sponsor Relationship

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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 ET. Details can be found when registering for Annual Meeting programs.
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Applause, Applause

Congratulations and good luck to Matt Kabak (former ACC Legal Resource Coordinator) as he begins law school at the University of Virginia. The Litigation Committee thanks Matt for all of his help this past year.
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Upcoming Events

Webcast – Wednesday, September 16, 2015 at 2:00 PM ET, 6:00 PM GMT

Toll free dial-in:  877-647-3411 • Code:  9834932123 • Includes an online presentation

How to Avoid False Claims Act Exposure – Effective Tools for Prevention, Investigation, and Resolution

Topics covered during this webinar will include:

•           Internal compliance best practices (meaningful reporting systems, ethics hotlines, business  protection agreements, etc.)

•           Conducting effective and efficient investigations

•           Making the case to avoid U.S. intervention and criminal referral

•           Avoiding common missteps in negotiating settlements

Presenters: Deborah Goldstock Ringel, Accenture LLP, Senior Legal Counsel, Litigation and Disputes; Bradley Wine, Morrison & Foerster LLP, Co-Chair, Government Contracts & Public Procurement Practice; James Koukios, Morrison & Foerster LLP, Partner, Securities Litigation, Enforcement and White-Collar Defense Practice Group

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Litigation Committee Survey

Your feedback is critical to the development of our plans and activities. Please take a moment to share your thoughts via our 2015/2016 Litigation Committee Survey 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.


An In-house Counsel’s Guide to U.S. Trade Secrets: Protection and Litigation


This ACC webcast covers how to protect your company’s trade secrets from misappropriation. Our speakers 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?

View webcast


New Technologies Test the Limits of Duty to Preserve, Collect, and Produce Information in Civil Discovery

Under the Federal Rules of Civil Procedure, it is fundamental that a party may seek documents that are in the opposing party’s “possession, custody or control.” While the question of whether specific records are within a party’s possession, custody, or control has been heavily litigated for years, the digital revolution has complicated the analysis. The answer to this important question has serious implications for almost all companies operating in this digital age. Learn more by reading the ACC Docket article.


Department of Justice Provides Guidance on Its Expectations of “Best Practices” for Corporate Internal Investigations

What does the US DOJ think is a high-quality internal investigation? In recent speeches, DOJ has provided important guidance on its view of best practices, and some useful common-sense reminders, for our clients’ counsel and their investigating board committees. Learn more about why an internal investigation should be understood as part of a company’s compliance program as well as specific steps to consider in light of the DOJ’s guidance.


The Litigation Committee would also like to thank Navigant Consulting, Inc. (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:


Mini Roundtable: Tax Disputes and Investigations


In this roundtable discussion with Corporate Disputes magazine, seasoned international tax leaders from Navigant Consulting and Baker & McKenzie address a wide-range of topics, including: the current impact of the OECD’s Country-by-Country (CbC) reporting and Special Measures proposals; disruptions that an increase in multi-jurisdictional transfer pricing disputes may have on taxpayers; the types of new skills corporate tax departments need to develop to address future disputes; and additional factors that are potentially causing increases in multi-jurisdictional transfer pricing disputes.


HELOC Payment Shock – Is your bank in the cross-hairs?


Many home equity lines of credit (HELOC) originated during the 2005-2008 period, when property values were at record highs, are about to transition from an interest only payment requirement to a higher interest plus principal amortization payment (Payment Shock). The regulatory agencies are concerned over the potential increase in credit losses given the delinquency trends observed so far, consequently banks should anticipate more intensive examination processes on HELOC portfolios. This article discusses key steps that banks can take to mitigate payment risk shock.


Regular Rate: Navigating Risk Areas and Complexities

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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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