March 23, 2006
CLO ThinkTanks: Insights from Leading CLOs  
ACC Defends Attorney-Client Privilege  
Take Advantage of ACC’s New Ethics Program  
CLO Moves  
2006 ACC Annual Meeting: Sessions for CLOs  
CLO Resources  
Networks  
Virtual Library  
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Upcoming ACC Programs  
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CLO ThinkTanks: Insights from Leading CLOs
Last fall, ACC launched its inaugural series of CLO ThinkTanks—sessions designed exclusively for CLOs to encourage open discussion in a small group setting on issues of importance to top legal leaders.  ACC’s CLO ThinkTanks allow general counsel to come together for four hours and ‘dive deep’ into a topic, sharing ideas on best practices and challenges and identifying actions and resources to help.  Take advantage of the insights collected in the reports from these sessions:  

“CLO’s Role in Governance & Compliance” hosted by Laura Stein (CLO, The Clorox Company)
“Corporate Liability—Prosecutorial Trends & Tactics” hosted by Bill Lytton (CLO, Tyco)
“Hot Topics for Private Companies—Liability & Beyond” hosted by Steve Euller (CLO, Cargill)
“Stemming the Tide of Privilege Erosion” hosted by Anastasia Kelly (CLO, MCI)

Read these Executive Reports to see what fellow CLOs have identified as some top issues and opportunities in these areas.  Executive Reports for two additional sessions we’ve hosted in 2006 on the following topics will be available soon:  “Compensation & Career Advancement for In-House Lawyers” (hosted by Rick Palmore, CLO Sara Lee Corporation) and “Financial Compliance & Relationships with Auditors” (hosted by Don Liu, CLO Toll Brothers, Inc.).  ACC welcomes your thoughts and ideas on topics for future CLO ThinkTanks.  Contact Renee Dankner, ACC’s Associate General Counsel—Advocacy & CLO Services (dankner@acca.com), or Susan Hackett, ACC’s Senior Vice President & General Counsel (hackett@acca.com), with ideas or questions.


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ACC Defends Attorney-Client Privilege
As part of our ongoing effort to protect attorney-client privilege, ACC participated in Congressional hearings on this topic on March 7.  ACC and its coalition partners, including the US Chamber of Commerce and the Business Roundtable, appeared before the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security.  To support our position, ACC released its second survey on the decline of the attorney-client privilege in the corporate context.  Every member of the committee present, from both parties, voiced support for our efforts to protect the attorney-client privilege and derided the Justice Department’s policies.  Robert McCallum, Associate Attorney General, who represented the DOJ at the hearing, was told to voice the committee’s displeasure to the rest of the DOJ and to respond to requests for hard empirical evidence to justify its current practices.  The members further warned the DOJ to be prepared for the wrath of the Judiciary Committee should it fail to re-assess its posture on demanding or coercing waivers under the Thompson and McCallum memos.

The hearings came a few weeks after an in-person meeting with Attorney General Gonzalez during which ACC aired our concerns and made the case that erosion of privilege hurts corporate compliance efforts. The results of the survey also supported ACC’s testimony before the US Sentencing Commission on March 15, where ACC urged them to rework or remove language from the sentencing guidelines that offers the DOJ discretion in making privilege waiver demands.

See the results of ACC’s second attorney-client privilege survey.
Get the latest news on attorney-client privilege and other advocacy issues.


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Take Advantage of ACC’s New Ethics Program
Regulators and experts tell us that in-house counsel are expected to help their companies do the right thing. That can mean more than simply complying with minimum legal, ethical, and procedural standards.  This idea is explored in a dynamic new ACC ethics program, developed by the ACC Greater New York Chapter.   “In-house Ethics: What Would You Do” presents a series of vignettes on DVD that depict a variety of ethical issues faced by in-house counsel.  Attendees then discuss—with the help of a facilitator and discussion guide—where the ethical questions arise in the vignette and how they might approach the situation differently. This interactive session will get your team thinking, and participants leave the program with practical advice on how they can improve their approach to compliance.  If you’re interested in having your legal team take part in this program, contact Jim Merklinger at 202.293.4103 x326 or merklinger@acca.com.


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CLO Moves
Wal-Mart Stores, Inc. named Alberto J. Mora vice president and general counsel, international division, legal department…R. Bryant Siddoway, former chair of ACC’s Energy Committee, has been appointed general counsel of Esso Exploration Angola (Block 15) Limited, an affiliate of Exxon Mobil Corporation… Fort Dearborn Life Insurance Company has appointed Victoria Fimea to the post of vice president, general counsel, and secretary…Kathleen Metzger has joined Behringer Holdings (Pte) Ltd. as general counsel…Fabrizio Minneci has been appointed director, legal affairs, European marketing, sales and service at Ford of Europe…Holiday Stationstores promoted Lynn M. Anderson to executive vice president and general counsel…Guy Francesconi has joined AMCORE Financial, Inc. as senior vice president and general counsel…Alltel Corp. has named John P. Fletcher executive vice president and general counsel of Wireline Company… Deidra D. Gold was appointed executive vice president and general counsel by Wolters Kluwer for its corporate activities in North America…Centillium Communications appointed Daniel Jochnowitz vice president and general counsel…John Middleton, Inc. has appointed Selena K. Murtha to the post of chief legal officer and director of legislative affairs… Christopher R. Rahl was promoted to senior vice president and senior counsel within the legal and compliance division by Provident Bank…Popular Financial Holdings, Inc. promoted Paul Shay to executive vice president, regulatory affairs and compliance.


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2006 ACC Annual Meeting: Sessions for CLOs
A sell-out every year, ACC’s CLO Club is a sophisticated networking forum that hosts peer-to-peer discussion groups targeted to the unique executive practice, management, and benchmarking needs of chief legal officers in both small and larger department settings, across all industries. The Club's interactive discussion groups enable meaningful face-to-face dialogue and networking. This year, the CLO Club will include two “Executive Skills Retreat” sessions designed to enhance your leadership skills, as well as sessions on topics such as “Setting (and Keeping) Measurable Objectives for Law Department Performance” and “CLO as Lawyer for the Board”.  As always, participation is strictly limited to chief legal officers.


In addition, a “CLO Executive Leadership Series” open to current and aspiring CLOs will offer sessions on such topics as protecting the attorney-client privilege and navigating global compliance.

Space is limited.  Register for ACC’s 2006 Annual Meeting.
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