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NEWS ALERT: “Unreasonable and Erroneous Interpretation” of PA Law and Attorney-Client Privilege
Association of Corporate Counsel files Amicus Brief Urging Court to Reverse Decision
On December 12, ACC filed amicus in the Supreme Court of
Pennsylvania urging the court to reverse a finding that erodes
communications between lawyers and clients. The lower court in
Nationwide Mutual Insurance Company, et. al vs. John Fleming, et. al
required the company to produce at trial a memorandum its in-house
lawyer wrote and sent to the company’s senior executives and lawyers,
noting that the document was not protected by the attorney-client
privilege because it was a communication from a lawyer to a client and
not from a client to a lawyer. For more on this story and to view
additional resources, go to ACC's Public Policy page.
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Question of the Month
"As our law department grows with attorneys in the
US, Canada, Europe and elsewhere, we are seeking ways to have regular,
unified, and productive meetings of the senior lawyers who manage the
group and to bridge the distance that separates us. The
meetings we conduct address issues such as administration, planning
priorities, talent management, and legal issues. Are you able to share
any resources that would be helpful for the law department management
teams?"
Answer:
•Global Law Department Design and Service Models
•Managing a Multinational Legal Department
•Global Counsel best practice indicators: law department structures and reporting lines
•Global Law Department
•Managing the Global Law Department Resource List
•Roundtable: In-house Guide to Managing a Global Legal Practice
•Into the Global Services Pool
•Hallmarks of a Successful In-house Practitioner
•Ten Proactive Steps for the Multi Jurisdictional Employer: A Global Approach to Your Employment Law Audit
•Post a Question on an ACC Committee Listserv
and ask whether any other ACC members have suggestions regarding best
practices for regular meetings of the management teams of law
departments.
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Stolt-Nielsen Wins Case Against DOJ Antitrust Division
ACC, in partnership with the U.S. Chamber of Commerce’s Litigation
Center, had filed an amicus brief in the case, Stolt-Nielsen v. U.S., before the 3rd Circuit Court
of Appeals in June 2006. The case involved a dispute over an
antitrust amnesty or non-prosecution agreement. The district court
found the company had complied with the terms of the agreement and
enjoined the government from indicting the company. The Circuit Court
later reversed the decision.
The U.S. District Court for the Eastern District of Pennsylvania
dismissed the antitrust indictment brought by the Antitrust Division of
the U.S. Department of Justice against Stolt-Nielsen S.A., and two of
its executives. To read more about this, visit ACC's Public Policy page.
Additional Resources:
•ACC Amicus Motion to File
•ACC Stolt-Nielsen v. United States (Cert Request)
•Stolt-Nielsen Findings of Fact
•Stolt-Nielsen Memorandum and Order
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Now Accepting Innovative Ideas for 2008 Annual Meeting
Do you have an innovative idea for a CLE program? If so, we are now accepting program ideas for ACC's 2008
Annual Meeting, "In-house, Informed, Indispensable," October 19-22 in
Seattle, WA. Submission will only be accepted online through Friday, January
11 for ACC members/in-house counsel. Your ideas are what make our
Annual Meeting a valuable resource every year. To view meeting details
and submission guidelines, visit 2008 Annual Meeting: Call for Programs. Contact the education team with questions at education@acc.com.
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Upcoming Webcasts
•Open Source in the Real World: Beyond the Rhetoric
Tuesday, January 15, 6:00 PM
•Benchmarking Compliance, Risk and Anticorruption Efforts - How Does Your Company Compare?
Wednesday, January 16, 5:00 PM
•A Guide to Wage and Hour Compliance in 2007: Cutting-Edge Strategies
Wednesday, January 30, 6:00 PM Contact Sherrese Williams at williams@acc.com with any questions or topic suggestions for ACC’s Desktop Learning Webcasts. Missed a previous webcast? Access the archive on the website.
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Overview of Electricity Regulation & Oil and Gas Law in Canada
The Canadian Constitution assigns jurisdiction over
electricity and natural resources to its ten provinces, and as a
result, the Canadian electricity, oil and gas industries are primarily
organized along provincial lines. This InfoPAKSM provides an overview of Electricity Regulation & Oil and Gas Law in Canada.
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Top Ten Ways to Achieve Good Legal Writing
Interested in improving your legal writing skills? Read our ten tips on how to achieve powerful writing in this multimedia and soundbite era.
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Canadian CCU: A Great Success
2007 ACC's Canadian CCU Highlights
This past November, 34 in-house attorneys participated in ACC’s Canadian CCU in Toronto. This program helped to train these new corporate counsel and provided them with the skills they will need to succeed in the in-house environment. Attendees, representing both large and small departments, included Royal Bank of Canada, Telus Communications, The Clorox Company, Advanced Micro Devices, Infrastructure Ontario, Manulife, Bank of Montreal and Agrium – and the topics were universal. From Negotiating Cross-Border Transactions to Managing Outside Counsel, participants gained valuable information that they will be able to use back in the office. To view materials from the 2007 Canadian CCU and learn more, visit ACC Canada.
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ACC's Mini MBA (March 17-19)
Advanced business proficiency, comprehension of the operations of a business, and making critical decisions that often involve millions of dollars aren’t skills taught in law school. Companies, however, expect their lawyers to not only bring their legal skills to the table, but also their wise judgment concerning business operations. ACC's Mini MBA, offered in conjunction with Boston University's School of Management for Lawyers, explores the essential business skills that enhance and sharpen a lawyer's knowledge in such critical MBA disciplines as Accounting, Finance, Strategy and Organizational Behavior. Visit www.acc.com/minimba to register for the next program (Early bird registration ends January 14!)
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Canadian Program Materials
Legal Risk Management
If you missed the May 3 program i Toronto, on Legal Risk Management, or any other
ACC program, you can still view available program materials online. Just visit the website to download the documents you need.
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ACC News & Announcements
If you have any questions, or wish to receive additional information
about items included in this month's newsletter, please contact Susan
Jacobsen at
(202) 293-4103, ext. 354 or via email at jacobsen@acc.com.
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