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The Veasey Report: DOJ Abuses Continue
"I am deeply concerned about lawlessness in the executive offices of
the Department of Justice, disregarding fundamental fairness ... This
administration rewrote the rules in 2003 in issuing the Thompson Memo."
- Senator Patrick Leahy, Chairman of the Senate Judiciary Committee
"This Committee needs to move forward to mark up and to vote on
this legislation ... As a former prosecutor, I can tell you that you
don't prove the case out of the mouth of the defendant."
- Senator Arlen Spector, Ranking Member of the
Senate Judiciary Committee and leading sponsor of the Attorney-Client
Privilege Protection Act of 2007
(At hearings on September 18, 2007 considering the DOJ's McNulty Memo and the need to enact legislation to protect the privilege from prosecutorial and enforcement practices that coerce privilege waivers in exchange for cooperation credit.)
The Senate Judiciary Committee, chaired by Senator Leahy, held hearings on Tuesday, September 18, to consider the Attorney-Client Privilege Protection Act of 2007. ACC and its coalition partners were proud to submit The Veasey Report, a compilation of stories that relate prosecutorial and enforcement authority abuse of corporate privilege rights that was authored (on a neutral, pro bono basis) by former Delaware Chief Justice E. Norman Veasey. To read The Veasey Report, click here. For more on the hearing and ACC’s work to protect privilege, click here.
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Question of the Month
Question: I need to develop a corporate policy about open source
software, including open source we may use in our own software products
and in products we license from other companies or use internally.
Does ACC have any resources on open source software?
• NEW: The Role of In-house Counsel in managing the use of Open Source Software: This practice profile examines the benefits and unique issues that arise in using Open Source software for nine companies. Particular attention is given to the role of in-house counsel in managing the use of OSS, and safeguards for limiting any drawbacks of using the software.
• “Sample Open Source Code Chart”
• “301 Understanding Open Source Software”
• “111 Open Source Software- Everything You Wanted to Know But Were Afraid to Ask”
• Upcoming 2007 Annual Meeting Resource: Program 710 “Open Source in the Real World: Beyond the Rhetoric”
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ACC Annual Meeting
This year’s Annual Meeting (October 29-31, 2007, Hyatt Regency Chicago) features features general counsel from Sun Microsystems, Inc., Lockheed Martin, The Clorox Company, Schering-Plough Corporation, Tyson Foods, Inc., and many more who will address key in-house issues including:
• 311: “Government Officials Who Move In-house: Changing Roles, Changing Minds”
• 407: “What You Didn’t Learn In Law School”
• 411: “General Counsel: Setting the Tone & the Message”
• 511: “You Decide: Ethics Reality Show”
• 600: “Advising the Ultimate CEO”
• 611: “Navigating the Thorny Path of Post-Andersen Audit Procedures”
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Upcoming Webcasts
• Corporate Criminal Investigations and Liability in the Sarbanes-Oxley Era
Wednesday, November 7, 3:00 PM (EST); 7:00 PM (GMT)
• Electronic Billing for the Small Law Departments
Tuesday, November 13, 2007, 12:00 PM (EST); 4:00 PM (GMT)
For more information go to the website. Please contact Sherrese Williams at williams@acc.com with any questions or topic suggestions for ACC’s Desktop Learning Webcasts.
Recent Webcasts
ACC's webcasts are recorded and available for replay on the website, including:
• Wind Power and Renewables: Legal Issues Related to the Development of Renewable Energy Projects
• Risk Management in International Oil and Gas
• Top 10 Tips for Managing Compliance Risk in Mergers and
Acquisitions and Day-to-Day Business Activities in Emerging Europe and
Asia
• Trademarks and the Internet • Electronic Data Discovery Technology & Terminology – A Primer for In-House Counsel
• The FMLA After 14 Years - - Managing Family and Medical Leaves of
Absence: Statutory Entitlements, Employer Commitments, and Reasonable
Accommodations
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This Month in ACC Docket
• The Future of Contracts Seen Through Six Sigma
• Compliance Programs for Importing and Exporting
• The Challenges of Global Compliance in Emerging Markets
• Small Bribes Buy Big Problems
• Ethics & Privilege: Ex Parte Interviews with Current and Former Employees
New issues, New information… read it in the ACC Docket.
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Top Ten List: Managing Legal Spending with E-Billing
Ten Tips for Turning Your e-Billing Initiative Into a Powerful Tool for Managing Legal Spend looks at the efficiency in using e-billing as a standard tool. Top Ten Lists also available on:
• Top Ten Suggestions for In-house Counsel of Venture-Backed Private Companies
• Top Ten Pragmatic Practices in Privilege Protection
• Top Ten Areas of Focus for a Corporate-wide Employment Law Audit
• Top Ten Tips for Keeping Up without Burning Out
To view these materials, go to ACC Top Ten.
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Attorney Gatekeeper
This new infoPAK helps you adjust to the new rules targeting in-house counsel and your new role as gatekeeper. To access this infoPAK, click here.
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Survey of Corporate Law Department Diversity
ACC and the Minority Corporate Counsel Association (MCCA) are embarking on a new program to annually report on the demographics of in-house counsel who work at both large and small companies. To participate or for more information click here or visit www.corporatediveristysurvey.com.
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2007 Pro Bono Institute Annual Gala
On November 6, 2007, the Pro Bono Institute, along with Corporate Pro Bono, ACC’s national partnership project with the Institute, will host a gala celebration at Gotham Hall in New York to recognize the work legal departments and law firms have done to improve access to justice through pro bono services. Please contact Eve Runyon at 202.662.9699 or erunyon@probonoinst.org to receive an invitation or go to www.cpbo.org.
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Simplify Your Compliance Certification
WeComply is now offering a fully customizable online Compliance Certification module. Whether implemented alone or in conjunction with Code of Conduct training, this fully automated electronic module will save your organization countless hours, hassles and headaches.
WeComply is an ACC Alliance Partner and the leading provider of customizable online compliance training. For more information on the Certification module, contact WeComply's sales department at 866-WECOMPLY ext. 250 or send an e-mail to sales@wecomply.com. ACC members who become WeComply clients will receive 100 free training credits when they make an initial purchase of 100 or more.
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