Newsletter

Spring 2017 Newsletter Print

President's Message

Greetings!

Somehow, Spring is approaching as I write this on a snowy, cold March day.  As I look forward to our upcoming events, I want  to remember our third annual Winter Gala, held in January at the Rainbow room. Thanks to all our members, guests, and sponsors who attended - if you didn’t make it, you missed an absolutely spectacular old time New York event at a classic art deco space, featuring great food, drink, networking along with incredible views, and 1940’s swing/jazz tunes from Fleur Seule. Check out pictures from the event on our Flickr album. And make sure to attend next year!

Moving ahead, our annual Ethics Marathon will take place on April 26th. We have three amazing panels presenting from Baker McKenzie, Baker Botts, and Jenner & Block. The event will take place at The Sue and Edgar Wachenheim III Trustees Room at the New York Public Library (another classic NY venue.) Space is limited and we expect high demand for this 3 CLE credit program, so sign up as soon as you can.

I’m also happy to announce that the NYC chapter won the Chapter Achievement Award for the second year in a row. I believe our robust schedule of intriguing, current and useful  CLE programs along with great social events, and our enthusiastic membership base contributed to our winning the award.

I encourage you to visit our Chapter website to see our upcoming schedule of events, as well as material from prior events. As always, check us out on social media – we have our LinkedIn group for members, and like so many other notable people and institutions are tweeting, albeit with somewhat less controversy!

I look forward to seeing you at upcoming events and if we haven’t met don’t hesitate to introduce yourself to me and our other board members (just look for the yellow name tag.) As always, please reach out if you have suggestions or feedback, and if you would like to volunteer for a role with the chapter, or speak on a panel, do let me know. 

Best regards,

Simon Kyriakides
President, ACC New York City Chapter

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Featured Articles


Data Breach Watch: A General Counsel’s Guide to Preparing for and Managing a Ransomware Attack
By: Kenneth L. Chernof, Nancy L. Perkins, and Tiffany M. Ikeda of Arnold & Porter Kaye Scholer

Paying a ransom to access your computer files? Not as unusual as it sounds. The Department of Justice estimates that on average, more than 4,000 ransomware attacks occurred per day last year. And the problem is only getting worse. According to Beazley, a data breach response insurer, the number of ransomware attack claims the company received in 2016 was four times higher than 2015. This surge in ransomware attacks presents a serious, costly, and growing threat to businesses across all industries. Being educated on and prepared for such an attack is no longer an effort businesses can afford to sidestep. [Read More]


DOJ Reinforces Important Themes and Rigor Needed in Evaluating the Effectiveness of Compliance Programs
By: Amy Conway-Hatcher, Andrew M. Lankler, Alex J. Bourelly, Kyle Clark of Baker Botts

On the heels of any investigation or during periodic compliance assessments, clients regularly inquire concerning how the Department of Justice ("DOJ") will evaluate the effectiveness of their company's compliance program or specific remediation efforts. As experienced practitioners with decades of compliance and investigations experience, Baker Botts lawyers tailor our responses for each company based on its business model, risk tolerance, existing compliance program coverage, and any specific areas of concern. We also provide clients with benchmarks based on guidance issued by the DOJ through various publications and case studies. [Read More]  


EEOC, DOL, HHS and IRS Weigh-In on Employer-Sponsored Wellness Programs – Is Your Program Compliant?
By: David F. Jones and Shannon Rushing of Dechert

Wellness programs are trending in the U.S., especially with employers looking for ways to encourage and promote healthy lifestyles for their employees and to reduce the cost of their self-insured group health plan. Regardless of an employer’s motivation for implementing a wellness program, employers must be mindful of the many rules that may impact such programs. Over the last few years, several government agencies, including the Equal Employment Opportunity Commission (“EEOC”), the Department of Labor (“DOL”), the Department of Health and Human Services (“HHS”) and the Department of Treasury (“IRS”), have weighed-in on what it means to have a compliant wellness programe. [Read More]


Transactional Practice Tip
By: Jessica R. Hertz, Andrew D. Irwin, Jared S. Manes, and David A. Wishnick of Jenner & Block    

This article was originally published in the 5th Edition of Jenner & Block’s Nordic Newsletter.

Managing CFIUS Risks and Other Strategic Considerations in Certain Transactions Involving US Businesses

The Committee on Foreign Investment in the United States (CFIUS) is an inter-agency committee that conducts national security reviews of foreign investments in the United States.  CFIUS, chaired by the US Department of the Treasury, has the authority to impose conditions on a deal and, in extreme cases, effectively block a deal before closing or unwind a deal after closing, all in the name of protecting US national security.[Read More]


The New “Defend Trade Secrets Act”: What It Means And How It Can Be Utilized To Defend Against Trade Secret Misappropriation
By: William J. McCabe and Gene W. Lee of Perkins Coie

I. Overview

On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA) into law. Trade secret misappropriation has been estimated to cost the U.S. economy over $300 billion and 2.1 million jobs annually.2

Employees and business partners are estimated to account for 85% to 90% of trade secret misappropriation.3 The good news is that companies can usually enter into written agreements with employees and business partners that will help them preserve their trade secrets and position themselves for a strong action under the DTSA. Although the DTSA covers both civil and criminal misappropriation, this article focuses on civil aspects. [Read More]


 

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Welcome New Members

ACC-NYC is pleased to welcome new members to the Chapter!


Doria Bachenheimer, General Counsel, Artivest
Frederic Brassard, President, Alma Global Advisors LLC
Elizabeth Caraballo, General Counsel, Christian Herald Association, Inc.
Afsar Farman-Farmaian, Managing Director, Varagon Capital Partners
Jeffrey Goldfarb, Assistant General Counsel, Centerbridge Partners, L.P.
Michael Held, General Counsel and EVP, Federal Reserve Bank of New York
Timothy Hirsch, Legal Director, Collibra Inc
Alfonso Jimenez, Senior Corporate Counsel, Addepar, Inc.
Tiffany Li, Commercial Counsel, General Assembly
Christopher Lutzo, General Counsel, Staffing 360 Solutions, Inc.
Nikki Maloney, Attorney, University Corporation for Advanced Internet Development
Gregory Marcus, Associate General Counsel, Arbor Realty Trust, Inc.
Dawn McClary, General Counsel, Center for Alternative Sentencing and Employment Services
Harold Meriam, Senior Vice President & General Counsel, Helmsley Enterprises, Inc.
Marie Merritt, Managing Director, JPMorgan Chase
James Paik, Counsel, Digital Realty
David Palmer, General Counsel, Roosevelt Institute
Rhonda Powell, Senior Vice President, Chief Legal Officer, Complex Media, Inc.
Kristine Salcedo, Director of Privacy and Regulatory Compliance, Phreesia, Inc.
Marianna Shafir, Corporate Counsel and Regulatory Advisor, Smarsh
Angela Shannon, Counsel, Mitsubishi Corporation (Americas)
David Simon, Counsel, Caring Professionals, Inc.
Julie Smith, Assistant General Counsel, Penton Media, Inc.
Yoshihisa Watanabe, GM Compliance, Mitsubishi Corporation (Americas)
Michael Wenger, General Counsel, Rosenthal & Rosenthal, Inc.


 

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ACC Mid-Year Meeting

New Year. New Administration. New Regulations.

Prepare yourself for the new world at the ACC Mid-Year Meeting April 2-4 in New York, NY. This two-day program offers an intensive educational opportunity on three topics critical to the success of today’s senior in-house counsel: Practical Strategies for Effective Contracts, Employment Law Challenges & Solutions, and Finance Services Regulatory & Technology Pulse. Engage your peers in meaningful conversations and receive practical guidance from faculty in intimate sessions. Register today at www.acc.com/mym.


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Join Us!

As one of largest Chapters, the Association of Corporate Counsel New York City provides its members with high quality and relevant programming spanning across multiple industries and topics.  Member involvement is the keystone of our success and provides valuable opportunities to hone leadership skills and develop professional relationships! Complete the ACC-NYC participation interest form to get involved today! 


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Miss an Event?

Most of our CLE event materials are posted online shortly after the event. Click here to view ACC-NYC Chapter event presentations.


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