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Question of the Month
Question: Management at my company is concerned about employees’ use of email and the internet. Where can I find information that can help me craft an appropriate policy for my company?
Answer: Find general information on email and the internet as well as sample forms and policies in ACC’s Virtual Library, including:
• Computer Use Policy
• Electronic Mail/Computer Usage Policy
• Email and the Internet InfoPAK
• Employee and Volunteer Computer Use Policy
• Monitoring Employee Emails Checklist
• Technology Use Policy
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ACC Scores Victory Against DOJ Prosecutorial Tactics
Federal judge Lewis A. Kaplan of the Southern District of New York excoriated US attorneys for violating the Constitutional rights of former KPMG partners by pressuring KPMG to cut off legal fees provided under the terms of their partnership agreements. Kaplan said, “KPMG refused to pay because the government held the proverbial gun to its head.”
ACC filed an amicus brief in the case protesting the government’s prosecutorial tactics, and stating that the Justice Department’s reliance on the Thompson Memorandum leads to the inappropriate coercion of corporate and individual defendant rights and distorts the equitable operation of our justice system. Kaplan agreed, saying that the government has let “its zeal get in the way of its judgment.” Learn more:
• ACC’s amicus brief
• ACC’s press release
• Judge Kaplan’s ruling
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This Month in ACC Docket: Career Planning
• If you want to take on more cross-border work, don’t miss “Global Positioning: Mapping Out an International Legal Career”
• New to In-house: “The Young Attorney’s Guide to In-house Success”
• “Taking Charge of Your Career: Best Practices for Women Lawyers” will help you develop a successful career strategy.
• Tired of that same old drab resume? Check out “Getting the Right Resume” for expert tips.
• What do you do when you know it’s time for a career change? “New Horizons: Managing a Career Transition” has the answers you need.
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Spread the News— Send This Newsletter to a Colleague
Do you know someone who would be interested in the information or resources in this month’s member email? Well, sending it to them is easy, using the “Forward to a Colleague” function.
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Don’t Miss ACC’s 2006 Annual Meeting
Still undecided about attending ACC’s 2006 Annual Meeting, October 23-25 in San Diego, CA? Visit the Annual Meeting website and check out the full program details with session descriptions and faculty, as well as expanded sections on networking, the CLO club, and the new CLO Executive Leadership Series. The meeting includes over 120 CLE sessions across 12 tracks of programming, with special sessions for new in-house counsel, legal managers, chief legal officers, small law department practitioners, and much more. You can’t afford to miss this meeting. Get a year’s worth of CLE in one shot! October will be here before you know it so make sure you register by September 8th to receive the regular $1195 member registration rate. Register today. Questions? Contact ACC’s Education department at education@acca.com or 202.293.4103, x 451.
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Check Out ACC’s Latest Cross-border Resources
If you are working in cross-border, take advantage of these great new resources:
• Canadian Labor and Employment Law InfoPAK
• Doing Business Internationally InfoPAK
• Cross-border Checklist: Doing a Deal in Canada
• PLC's Cross-border Quarterly
• Litigation and Dispute Resolution in Canada
• Upcoming Webcast: Key Distinguishing Features of Canadian Employment and Labor Law—Tuesday, September 19
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ACC Defends In-house Counsel Rights
In adddition to the KPMG case, ACC is active on several other cases affecting in-house counsel and their successful representation of clients:
• Morrison v. Board of Law Examiners of the State of North Carolina concerns an in-house lawyer barred from practice in the state because he had previously practiced in California. • In the Tenth Circuit case, In re Qwest Communications International Inc., the company had provided privileged information to the SEC under the condition of a limited waiver agreement. But when a third party demanded access to the protected information, the Tenth Circuit ordered Qwest to produce the files. • Stolt Nielson S.A. et al. vs. US centers on a non-proscecution agreement between the company and the government that the government has now "changed its mind" about.
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What’s New on ACC Online
• Factors to Consider in Assessing Independent Contractor Status
• Responding to EEO Agency Charges of Discrimination
• Top Ten Things Corporate Counsel Should Know About Blogs
• What Every Lawyer Needs to Know About Non-compete Agreements (webcast replay)
If you have an idea for a Top Ten list or want to submit your own list, please contact Nichole Opkins at opkins@acca.com.
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Pro Bono Survey for In-house Counsel
Corporate Pro Bono (CPBO), a national partnership project of ACC and the Pro Bono Institute, invites your legal department to take a short pro bono survey. The survey, developed by CPBO and Hildebrandt International, is designed to gather data about legal pro bono activities among in-house attorneys. The information gathered will contribute to CPBO’s understanding of in-house law department pro bono practices and will guide CPBO in its efforts to promote in-house corporate pro bono. Your legal department’s response to the survey is critical and it will take just a few minutes for your chief legal officer or pro bono representative to complete. Please be assured that your department’s answers will be treated in the strictest confidence; they will only be used in the aggregate. Take the pro bono survey now.
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Participate in ACC’s “Share the Knowledge” Membership Drive
Help increase ACC’s membership by participating in the ACC Share the Knowledge Membership Drive. Each time you use the Association of Corporate Counsel network, you gain valuable skills and experience only available through ACC. More members in ACC translate into improved educational opportunities, enhanced networking, increased online resources, and advancement of the profession worldwide. Each time you recruit a member, you will receive a $5.00 Starbucks™ giftcard. Recruit two or three members and win a chance to receive a portable DVD player. Recruit four or five members and receive a chance to win a digital camera. Recruit six or more members and receive a chance to win a digital video recorder or free ACC Annual Meeting, Corporate Counsel University, or ACC Europe Annual Conference registration and a $750.00 travel stipend. ACC’s Share the Knowledge Membership Drive ends on October 30—so don’t delay, recruit today! Get more information and tips on recruiting members.
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Upcoming Webcasts
• Supreme Court Decision Exposes Employers to Greater Potential Liability for Retaliation
Tuesday, July 25,12:00 PM (ET); 4:00 PM (GMT) • The Nuts and Bolts of Internal Investigations: An Important Element of Effective Corporate Governance
Wednesday, July 26, 12:00 PM (ET); 4:00 PM (GMT) •Deal or No Deal: Recent Developments Impacting Environmental Due Diligence in M&A Transactions
Tuesday, September 12, 4:00 PM (ET) • Key Distinguishing Features of Canadian Employment and Labor Law
Tuesday, September 19, 1:00 PM (ET); 5:00 PM (GMT) • Tracking Outside Counsel Performance
Wednesday, September 27, 1:00 PM (ET); 5:00 PM (GMT)
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Help Improve Legal Benchmarking
ACC is a sponsor of the Legal Process and Metrics Innovation Symposia developed in conjunction with the Open Legal Standards Initiative (OLSI) and other thought leaders. The project aims to improve the way legal departments and law firms measure performance by focusing on four key areas: industry standard list of practices, industry standard list of metrics, metrics collection and reporting methodologies, and implementation strategies. Participants can join online, industry-wide discussions on these key topic areas. Webinars have already occurred on the processes and metrics tracks, which are available online. The metrics collection and reporting and implementation webinars will be occurring in July, August, and September. Find out more about the Open Legal Standards Initiative and get registration details for the upcoming webinars.
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Free Compliance Training from WeComply
WeComply, an ACC Alliance Partner, is the leading provider of customizable web-based compliance training. Its ever-expanding product offering includes more than 40 compliance topics, including new programs on "Fraud Awarenes and Detection," "Information Security," and "Healthcare Fraud and Abuse." All programs are accessible from any computer without special hardware,software, and do not require a fast web connection. WeComply programs also meet the industry standards for interoperability with the leading learning management systems. For more information, including program summaries and sample programs, contact WeComply's sales department at 866-WECOMPLY ext. 250 or e-mail to sales@wecomply.com. As an ACC member, your company is entitled to train up to 100 employees on any program free of charge. When inquiring, be sure to identify yourself as an ACC member.
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