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Question of the Month
Question: "I am considering adding an arbitration clause to my
company’s template agreements; what are the pros and cons? Do you
have any sample language I can look at?"
Answer: Look to ACC
• Alternative Dispute Resolution InfoPAK
• Business Arbitration Clause (Sample Form)
• Strategies for Mediation Arbitration and Other Forms of ADR (Article)
• Do’s and Don’ts in Drafting International Arbitration Agreements (Article)
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ACC Survey: Privilege Under Attack
Since the Enron debacle, government regulators, prosecutors, and
concerned stakeholders have demanded increased accountability from
corporate boards and management. Is this putting the attorney-client
privilege at risk? An ACC survey released last week revealed
that more and more ACC members have personally witnessed erosion of the
protections offered by the attorney-client privilege and work product
doctrine over the past four years.
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Upcoming Programs
May 15–17: ACC’s 3rd Annual Corporate Counsel University
Career changes bring challenges, and ACC is offering you solutions! Are
you new to in-house practice, or a new department manager? Or perhaps
you are a general counsel with new staff to train or a department to
grow. If so, ACC’s Corporate Counsel University 2005: New Challenges,
New Solutions (May 15–17, Los Angeles) can help you succeed.
Open only
to in-house counsel, Corporate Counsel University offers practical tips
and hand-on advice on a variety of timely topics, including
“Negotiation Skills,” “Building Relationships,” “Managing Staff,”
“Outside Counsel Relationships,” “Budgeting Tools,” “Adding Value,”
“How to Succeed In-house,” “Law Department Alignment with Company
Goals,” and “Hallmarks of a Successful In-house Practitioner.” Speakers
include representatives from companies such as Charter One Bank, The
Gap, Inc., Hot Topic, Inc., Kaiser Permanente, NEC Laboratories
America, Inc., and Patagonia, Inc. Reserve your spot for this popular
program today. To register, go to http://www.acca.com/ccu/05.
Webcast: New Opportunities in Retail and Wholesale Distribution in China
Thursday, April 21, 12:00–1:00 PM (EST); 5:00–6:00 PM (GMT)
China’s accession to the WTO heralded substantial liberalisation of
market access across a number of key sectors. However, foreign access
to retail and wholesale distribution was, under China's WTO accession
protocol, staged over the course of several years. The end of 2004 has
brought substantial liberalisation so that even wholly foreign-owned
enterprises in China are now able to carry out such commercial
activity. However, there remain a number of ways in which the conduct
of such business remains difficult and requires creative
problem-solving.
To access the webcast, go to http://www.acca.com/networks/webcast.
Presented by ACC International Legal Affairs Committee and the law firm
of Eversheds LLP. Please email questions before or during the webcast
to Richard Mosher at hajime01@msn.com.
Webcast: Making the Most of Your ACC Resources
Wednesday, April 27, 12:00–12:30 PM (EST); 5:00–5:30 PM (GMT)
Are you taking advantage of all the ACC resources available to you? Do
you know what they are? Whether you are looking for a new
in-house position, searching for better ways to manage outside counsel
(both the costs and the product), want to find outside counsel
recommendations, or want to network with other in-house counsel, there
are a multitude of resources available to you as an ACC member. Save
time and money with these timely and proven resources. To find out
more, join our webcast Wednesday, April 27, and in 30 minutes, you’ll
learn about these helpful resources:
• Leading Practices Profiles, ACC’s profiles of best practices at work in legal departments of all sizes around the world;
• Inhouse Jobline, ACC’s database of in-house job positions and resumes;
• Virtual Library, ACC’s database of sample forms, policies, articles, and checklists contributed by ACC members;
• MemberToMember, ACC’s directory of volunteer member experts;
• InfoPAKs, ACC’s comprehensive information packages focused on particular topics; and
• Committees and networking groups, which are organized around 12 practice areas.
To access the webcast, go to http://www.acca.com/networks/webcast. Questions will be taken after the program. No pre-registration required.
Webcast: Contaminated Sites Recent Developments
Thursday, May 5, 12:00–1:00 PM (EST); 5:00–6:00 PM (GMT)
This webcast will cover the following topics:
• Life After Aviall
• Superfund Politics & EPA’s Budget
• Vapor Intrusion: Just When You Thought it Was Safe to Leave That Contaminated Soil Alone
• Institutional Controls: Where Are We Now?
To access the webcast, go to http://www.acca.com/networks/webcast. Presented by the ACC Environmental, Health, and Safety Committee and the law firm of Morgan, Lewis & Bockius LLP.
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Check out the ACC Docket
If you haven’t read your April issue of the ACC Docket, you are missing out on some very timely features:• “Under the Magnifying Glass: Living Through an SEC Investigation of Your Client” looks at what happens if your company becomes the subject of an SEC investigation and how you can respond appropriately.
• “Blowing Whistles & Climbing Ladders” looks at the hidden insurance issues behind Sarbanes-Oxley.
• “Better and Easier Compliance Training.” Read how three companies turned to online compliance training to meet their core obligations.
• “Escape from Lawyerland: How the Right Business Tools Can Cut Litigation Costs Down to Size.”
• “Is It Time To Move On?” This article helps you determine whether it is time to move on and look for a new in-house counsel position.
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ACC Makes Inroads In China
On March 18–19 in Beijing, ACC and several prominent corporate
attorneys, including ACC members John Allen from Halliburton, Maija
Burtmanis from Pfizer-Asia, and Stephen Maloy from GE-China led the
first training program to educate government-owned enterprises about
the key role played by in-house counsel. ACC and an advisory
board of ACC members including top lawyers from Hasbro, The Body Shop,
and John Deere developed “Guidelines on Establishment of a Modern Legal
Governance System for Chinese Enterprises,” which were presented at the
meeting. This was the first step in an historic agreement between
ACC and China’s State Asset Supervision and Administration Commission
(SASAC) to strengthen China’s in-house legal community. To see the
guidelines and other materials from the meeting, go to http://www.acca.com/china/sasac/index.php.
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Help ACC Better Serve Your Practice Needs
ACC continually works to serve the diversified needs of all our
members and to deliver a mix of services to help you at each step of
your in-house career. Valued ACC resources include targeted in-house
practice information, timely educational programs, opportunities to
network with your peers, and advocacy on issues that affect the
practice. To better target your practice needs, we are collecting data,
including years of practice, practice discipline, and industry. Please
take a minute right now to complete (or update) your record.You will need your user id and password to access the form. Forgot your user id and password? Go to http://www.acca.com/membership/loginhelp.php, call us at 202.293.4103, ext.360, or email us at membership@acca.com.
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New Online Update Page Helps Keep Your ACC Information Current
In response to your requests, a more user-friendly online form to
update your membership record is now available. There are two easy ways
to access your record: (1) Click on the “Update Your Record” link on the Membership page of ACCA Online, or (2) Go directly to http://www.acca.com/membership/updaterecord.php.
Log in with your user id and password. Now, you can make changes to
your contact details, join a Committee, or even change your password.
Forgot your user id and password? Go to http://www.acca.com/membership/loginhelp.php, call us at 202.293.4103, ext. 360, or email us at membership@acca.com.
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Bridgeway Special Offer for ACC Members
Bridgeway, an ACC Alliance partner, has a special offer for ACC members.
Purchase eCounsel™ corporate legal case/matter management software, and
Bridgeway will waive the licensing fee for its standard accounts
payable interface module; or, purchase Enterprise Suite (a combination
of eCounsel and Secretariat™) matter management and corporate
governance software, and Bridgeway will discount its server licensing
fee by $10,000. This offer is good through June 2005. For more
information, call 888.272.4699, or go to http://www.bridge-way.com.
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