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It’s All About You! Take the 2010 MMU Reader Survey Today! Please tell us what you think about Monthly Member Update (MMU). Voice your opinion and share suggestions by answering 6 simple questions to help us better understand your preferences. Take a moment to give us your thoughts. Visit the MMU Reader Survey today. Back to top |
| Question of the Month |
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Validity of Electronic Signatures I am General Counsel of a global company which has upheld a strict international deals policy that only allows for either faxed or hard copies of the contracts with manual signatures. A salesman has recently challenged our policy, asking my legal department to explain why he cannot use a service that purports to validate “electronic signatures” using a process that is legally accepted in the EU. I have tried to investigate on my own, but am getting confused with “digital signatures” versus “electronic signatures.” I am not sure what the laws might be for individual countries regarding the validity of electronic signatures. Can ACC point me to resources that would help clarify this issue for me? Answer: In many countries, including the U.S., the European Union, India and China, electronic signatures (when recognized under the law of that jurisdiction) have the same legal consequence as the more traditional forms of executing documents. A digital signature is encrypted, using a mathematical scheme for demonstrating the authenticity of a digital message or document (digital signatures can be electronic signatures, but not all electronic signatures are digital ones). Laws concerning electronic signatures do not always distinguish whether they are digital cryptographic signatures or otherwise. For more information, visit the following sites for resources on this topic and various national laws regarding electronic signatures: • Action Plan on E-Signatures and E-Identification to Facilitate the Provision of Cross-Border Public Services in the Single Market • Crossing the Pond Without Drowning • Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for Electronic Signatures • Doing Business in India • Doing Business Internationally • Electronic Signature Law of the People’s Republic of China • Information Security Committee Digital Signature Guidelines Tutorial • Legal Understanding and Issues With Electronic Signatures - An Empirical Study of Large Businesses • Regulation of Electronic Commerce in Europe: A Corporate Counsel Guide • The Impact of the Modern Age on Contract Law Back to top |
| Membership |
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In-house Jobline: Valuable Resources for Your Career ACC’s In-house Jobline is the premier source for in-house counsel career options and development resources. With hundreds of in-house positions posted by top companies, you can find the new position that best suits you. There are also valuable resources available including Career FAQs and Ask The Career Expert to help you grow in your current position. Whether you’re looking for upward or onward mobility, take the next step at ACC’s In-house Jobline. |
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Canadian Briefings Is Looking for Authors As a published author, you can contribute to the betterment of the profession; expand the thinking and encourage dialogue. Canadian Briefings is a quarterly newsletter supplement to the ACC Docket that focuses on timely, relevant issues affecting in-house counsel working on Canadian business legal issues. The next issue will be published in May, with drafts due February 11, 2010. If you are interested in writing for an upcoming issue of Canadian Briefings, please contact Tiffani Alexander at alexander@acc.com or 202.293.4103 x359. Back to top |
| Education |
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ACC Europe’s 17th Annual Conference 2010 – Super Early Bird Expires 25 January The ACC Europe Annual Conference continues to represent an unparalleled opportunity to network and exchange ideas with your peers from a pan-European and global perspective. This year’s event, “Strategic Risk Management: Art or Science?” offers streams to help you determine how to mitigate risk and demonstrate leadership. Register today to attend the 17th Annual Conference of ACC Europe at the Intercontinental Hotel in Vienna, Austria, from Sunday 30 May – Tuesday 1 June 2010. Super Early Bird pricing expires 25 January. Click here to register. Back to top |
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ACC’s 2010 Annual Meeting: Be the Solution. Join ACC and your peers for the world’s largest gathering of in-house counsel at ACC’s 2010 Annual Meeting, 24-27 October, at the Henry B. Gonzalez Convention Center in San Antonio. This is the one event where you can choose from over 100 CLE/CPD programs, network with your peers and learn about the latest tools and services specifically for corporate attorneys. Be more than an in-house counsel. Be the solution. The Early Bird rate of $1,200 is available through 24 March. Register today at http://am.acc.com. |
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Unlock Your In-house Potential with CCU New to in-house? ACC’s Corporate Counsel University® (23-25 May, Hyatt Regency, Indianapolis, IN) is designed specifically to help attorneys with less than five years of in-house experience get up to speed on topics pertaining to the corporate attorney role. Important aspects of business, including negotiations, contracts, finance, ethics and more, are addressed during this two-day program. In addition, you can earn up to 12 CLE/CPD credit hours, including hours in ethics. Register by 17 February to take advantage of the early bird rate of just $650. View the complete program schedule and register at http://ccu.acc.com. |
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Mini MBA – Bring More Than Your Legal Skills to the Table Register today to attend the Mini MBA for In-house Counsel at Boston University’s Executive Leadership Institute. Presented in partnership with the Boston University School of Management, Mini MBA provides a comprehensive overview of business essentials to help you sharpen your in-house counsel management skills. Two sessions are available: 15-17 March and 9-11 June. Visit www.acc.com/minimba for more information. Back to top |
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Need more time? Join this Webcast on Productivity Stretched too thin? Jack-of-all-trades? If this sounds like your small law department, join ACC Associate General Counsel Ellen Zavian and Getting Legal Done™ for the Stress-free Productivity Webcast on Tuesday, January 19, 14:00 EST, 19:00 UTC. Sign up at http://stressfree.zreply.com/. Back to top |
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Upcoming Webcasts: Available for CLE Earn CLE from your home or office with desktop learning from ACC. Here are our upcoming webcasts: • Financial Regulatory Reform – Full Steam Ahead for Regulators Despite Expansive Legislative Proposals – Jan 20, 2010 - 20:00 UTC • Compliance with the SAFETY Act* – Jan 21, 2010 - 22:00 UTC • Management and Defense of Employee Whistleblower Claims – Jan 27, 2010 - 22:00 UTC • Preparing for Your 2010 Annual Meeting of Shareholders* – Jan 28, 2010 - 20:00 UTC • Effective Document Collection and Legal Hold Protocols – Feb 11, 2010 - 20:00 UTC *CLE is not available. Back to top |
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Upcoming In-house Training Programs • The In-House Counsel Job Market and How to Optimise your Relationship with Headhunters – Paris 26 Jan 2010 – 8:15 UTC • Commercial Contracts Management in Challenging Times – Madrid 26 Jan 2010 – 9:15 UTC • EU Competition Law Update – London 10 March 2010 – Time TBA • EU Competition Law Update – Madrid 15 April 2010 – Time: TBA • Corporate and Tax Implications of the New Regime for Corporate Structure Changes – Madrid 11 May 2010 – 9:15 UTC • EU Competition Law Update – Frankfurt 20 May 2010 – Time: TBA • ACC Europe Annual Conference – Vienna 30 May – 1 June 2010 – Time: TBA • EU Competition Law Update – Brussels 8 June 2010 – Time: TBA • EU Competition Law Update – Amsterdam24 June 2010 – Time: TBA • EU Competition Law Update – Zurich 9 Sept 2010 – Time: TBA Back to top |
| Advocacy |
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Need New Outside Counsel? Want to Benchmark Yours? Use the ACC Value Index There are evaluations of over 600 law firms that you can access (and more are added every day), with clients scoring firms on budget management and efficiency as well as expertise and results. Most reviews include helpful comments and you can contact any reviewer to request a more detailed conversation about a firm. Use the ACC Value Index as a tool to find firms that excel at providing value and service in your market or practice area. And of course, the ACC Value Index is By In-House Counsel, for In-House Counsel®, so while you’re logged on, please contribute evaluations of the firms you have engaged at www.acc.com/valueindex. |
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ACC Value Challenge® NEW Resources and Tools: Find over 30 new online resources featuring value practices that firms and law departments are implementing and practical ‘how-to’ ideas at ACC Value Challenge Resources. Recent additions include How to Migrate from Traditional Billing to Alternative Fees and Implementing an Extranet for a Corporate Law Department. See all resources at www.acc.com/valuechallenge/resources/index.cfm. |
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ACC Advocacy – We’ve Got You Covered ACC intends to file an amicus curie with the Supreme Court later this month to encourage the Court to grant cert in United States v. Textron, Inc. In its August 13, 2009 decision, the First Circuit Court of Appeals split from all other circuits in its interpretation of attorney work product. The First Circuit sided with IRS arguments that tax accrual papers prepared by Textron’s counsel – papers assessing tax positions in disputes with the IRS and other documents which reflect these analyses, and created to assess risks with financial statement reporting - should never receive work product protection.
• U.S. v Textron Decision, 8/13/09In setting aside precedents to protect as attorney work product information including estimations of potential liabilities, the First Circuit places corporate counsel in the position of withholding from a client/employer company information that could be used against the company in litigation. To read the decision and prior amicus briefs, check the following links: • ACC-US Chamber Amicus Brief in US v. Textron, 4/22/09 • ACC-US Chamber Amicus Brief in US v Textron, 4/8/08 Back to top |
| Resources |
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Top Ten Real Estate Transaction Issues to Address This month’s Top Ten creates a practical guide for lawyers handling a real estate transaction, particularly a property acquisition, in a state other than his or her own. Interested in writing a Top Ten? Please contact legalresources@acc.com. |
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A New Year! New Thoughts To Hear, New Opinions To Express! Read our blogger's postings, express your own opinions or merely peruse the dialogue. In-house ACCess, the ACC blog, is the place for you to jump in and truly make it a forum by in-house counsel, for in-house counsel. You can hear from Fred Krebs and other ACC leaders on the issues that affect you most. Check out our blog at www.inhouseaccess.com. And, if you write a blog that other in-house counsel would be interested in reading, send your link to Ellen Zavian at zavian@acc.com. Back to top |
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What Size Shoe Do You Wear? Can one ever have enough shoes? When it comes to your company, the shoe size determines your footprint left behind. Let Green-house Counsel help you identify your chemical footprint and what you need to do to comply with applicable regulations. Visit www.acc.com/gogreen for more information. |
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The ACC Alliance – Premier Service Providers with Exclusive Savings ACC Alliance partners are companies that you can trust for quality service at exclusive savings. There is no need to look any further; we’ve done the work for you. Here are this month’s two featured partners: • Copyright Clearance Center (CCC): Rely on Copyright Clearance Center to use and share published content with ease and confidence. CCC offers special new customer discounts to ACC members. To find out more, click here.
• IntraLinks: IntraLinks offers corporate legal departments a better way to manage the exchange and storage of their company’s confidential and sensitive information. ACC members receive a 20% discount on all new subscription contracts. To find out more, click here. For more on these and the other ACC Alliance partners, visit www.acc.com/alliance. Back to top |
| ACC News & Announcements |
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ACC in the News Learn more about media coverage of ACC when you visit ACC in the News. Read the latest articles about: • Patricia Hatler and how she balances her roles as ACC Chair and Nationwide EVP and Chief Legal and Governance Officer in “Helping Shape The Voice Of In-House Counsel In 2010 At ACC” (Metropolitan Corporate Counsel). • The new value-focused tool, ACC Value Index in “ACC Rating Index Unnerves Firms” (The Lawyer). • Law firms and in-house counsel who are using technology to contain costs in “Lawyers Use Web Tools To Control Legal Bills” (Wall Street Journal). For a complete listing of ACC’s media coverage, visit ACC in the News. If you have any questions, or wish to receive additional information about items included in this month's newsletter, please contact Marthea Davis at 202.293.4103, x363 or via e-mail at davis@acc.com. Back to top |
