Litigation Committee February Newsletter
> Chair's Message  
> Upcoming Events  
> Applause, Applause  
> ACC Mid-Year Meeting Session information  
> ACC Annual Meeting in San Francisco  
> Please Visit Our Litigation Shorts Discussion!  
> Provide Your Input on Judicial Analytics  
> Practice Resources & Sponsor Highlight  
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Updates From ACC Committees

Chair's Message

Hello Litigation Committee members. As our first newsletter of the year, first and foremost I want to congratulate and thank the Litigation Committee’s dedicated leadership team for their hard work and enthusiasm out of the gate. In just the first few months, the committee’s many accomplishments include the formation of the past chair and chapter liaison council, posting about a dozen or so discussions on, the development of a leadership resource manual, and commencement of a membership drive, among other initiatives. And let’s not forget the great programs, including such topics as Developments in European Labor Law, FRCP Rule Changes, the Effective Use of Expert Witnesses, and an update and lessons learned in Chevron vs. Donziger. And so much more to come!

The committee’s Executive Council and sponsors, Morrison & Foerster and Navigant Consulting, are already hard at work planning to deliver various resources and programs over the coming year, including for next year’s Annual Meeting in San Francisco, California.

I also want to highlight the Litigation Committee’s refreshed committee page. If you have not checked it out, be sure to take a peek at: Litigation Committee Page. We’ve added a few new category headings on the left of the page, providing additional information to our membership in the following areas: CHAIR’S MESSAGE, INTEREST & AFFINITY GROUPS, CALL FOR AUTHORS, and AWARDS & PAST CHAIRS. In addition, also on the left below the sponsor information we’ve created a new section called COMMITTEE HIGHLIGHTS that affords us the opportunity to identify committee resources, including a link to both the blog and discussion, and the Litigation Committee’s Cybersecurity Questionnaire and Guide.

Please do not hesitate to call or email me if you have any questions about or suggestions for our Litigation Committee.

I wish you all a successful and healthy 2016.

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Upcoming Events

Feb. 23, 2016              (Tues. 4:00 pm EST) Litigation Committee Monthly Call

Legal Quick Hit:  Keep Private & Confidential Data Under Wraps in Litigation

Feb. 25, 2016              (Thurs. 2:00 pm EST) Webcast: New Rules for Litigation and Discovery: 2015 FRCP Amendments and the Impact on In-house Counsel

Mar. 22, 2016             (Tues. 4:00 pm EST) Litigation Committee Monthly Call Legal Quick Hit:  To be determined

April 10 – 12              ACC 2016 Mid-Year Meeting in New York City, NY

May 2, 2016               ACC Law Department Leadership 2.0 in Calgary, AB

May 22 – 24               ACC 2016 Europe Annual Conference in Rome, Italy

June 12 – 14, 2016      Corporate Counsel University San Diego, CA

Oct. 16 – 19                ACC 2016 Annual Meeting in San Francisco, CA

Nov. 16 – 18, 2016     ACC Australia National Conference in Canberra, ACT
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Applause, Applause

Vince Castiglione, former Chair of ACC’s Litigation Committee (2013-2014), has been appointed the General Counsel of VF Sportswear effective 1/1/2016. Congratulations Vince!
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ACC Mid-Year Meeting Session information

The Litigation Committee is pleased to be participating in two programs at this the upcoming ACC Mid-Year Meeting, April 10 – 12, in New York City.

Monday, April 11th, 1:30 – 3:30 pm

301 – Rethinking “Standard” Provisions and “Boilerplate” in Contracts, Identify Key Drafting Issues and Avoid Litigation

Tuesday, April 12th, 2:15 – 3:30 pm

702 - The Business Judgment Rule and the Board of Directors
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ACC Annual Meeting in San Francisco

Mark your calendars for this year’s Annual Meeting, which will be held in October from Sunday the 16th through Wednesday the 19th in San Francisco. The Litigation Committee will be sponsoring the following five programs:

Session #203 - Third-party Litigation Financing

Session #902 - Preventing Litigation Through Contract Drafting Skills

Session #809 - Investigations: Managing the Process and the Resolution

Session #1007 - Measuring the Effectiveness and Value of Your Litigation Spend

Session #603 - Litigation Procedure: Discovery Strategies and Best Practices, Federal Rules Changes, and Managing the Cost of Discovery

In addition, the Litigation Committee will co-sponsor the following two programs with the International Legal Affairs and IT, Privacy & eCommerce Committees, respectively:

Session #503 - Developing a Multi-Jurisdictional Strategy for Protecting Attorney-Client Privilege

Session #306 - Getting the Board on Board: Explaining Privacy and Security Risks to Board

If you would like to be considered for one of the limited number of faculty positions available, please reach out to Ty Ulmer or Scott Dulaney with the program you are interested in. You will be referred to the organizer of the program you identified for further information. 
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Please Visit Our Litigation Shorts Discussion!

Better still, write for the Litigation Committee’s Blog and raise your visibility! By now you have heard a lot about ACC's effort to showcase our members thought leadership and expertise on the ACC In-house ACCess Blogs. Individual committee members are able to post stories to ACC's main blog, or write a piece as part of a series developed by the committee. And it is a great opportunity to publish without the restrictions and time commitment required of ACC Docket authors.

To review the author guidelines, go to ACC Author Guidelines.

ACC has also published a production schedule, but we are open to publishing topics that fall outside of the proposed schedule. If you have questions, please reach out to Danielle Rawls (, Evan Slavitt, or Theresa Coetzee.
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Provide Your Input on Judicial Analytics

The ACC Litigation Committee has been offered the opportunity to provide input on a new litigation intelligence tool. ALM, publisher of Corporate Counsel and the National Law Journal, is asking for our advice on its new Judicial Perspectives service.

Judicial Perspectives consists of tools and data sets that are designed to allow litigation teams to research federal judges and magistrates as strategically as they research their cases.

It’s purported to provide first-stop research that yields repeatable and reliable portfolios of performance analytics.

Each profile includes information such as personal biography, education, and professional history, current staff contact information, the rules of the district court and any personal rules from the judge, and much more.

If you are willing to provide your feedback on this new service, please contact Dirk Olin, ALM’s Director of Judicial Intelligence at 212.457.9541 or
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Practice Resources & Sponsor Highlight

The Litigation Committee would like to thank Morrison & Foerster (MoFo) and Navigant Consulting for their sponsorship of the Committee, and their role in providing useful and practical 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, the firm provided the following practice resource information:

In re Lions Gate Entertainment Securities Litigation: Court Rejects Securities Claims Based on Company’s Decision Not to Disclose Ongoing SEC Investigation. In a January 22, 2016 decision, a federal court in New York dismissed federal securities law claims against Lions Gate Entertainment and several of its senior executives based on the company’s decision not to disclose that it was being investigated by the SEC or that it received Wells notices from the SEC in connection with the investigation. Our alert discusses the court ruling and its implications to companies facing SEC inquiries.

MoFo also invites Committee members to make use of its blog at: MoFo@ITC. This blog covers all the latest news, trends, and developments related to Section 337 patent infringement investigations at the International Trade Commission. Read our latest blog post entitled “Round-Up: 2015 Decisional Statistics.”
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