Greetings and happy spring to all our ACC NYC members. This is supposed to be our Spring Newsletter - after making it through 4 nor’easters and an April snowstorm, I am going to be optimistic that warm snowless days are coming and I can finally take the snow tires off my car.
Before escaping the past, we had a wonderful fourth annual winter gala at the Rainbow Room on February 15th - I was happy to see a lot of our members and sponsors there at that iconic space, and a big thanks to our chapter programming committee who organized the event. Great food, drink, music and of course a photo booth. Check out our photos of this and other events on Flickr. Programming has been moving fast and furious since the Gala - our diamond sponsor NAM (National Arbitration and Mediation) put on an amazing event March 20, at the Rare View Rooftop featuring a presentation on commercial arbitration, and fantastic networking afterwards-including an icebreaker game that won one lucky member a magnum of wine. Thanks to everyone who braved the threat of yet another nor’easter to come out.
Now to the future - our Annual Ethics Marathon is taking place at Fordham University School of Law on April 24, with three great panels, including one presented by the Louis Stein Center for Ethics and the Law. Four ethics CLE credits are available, if the stellar panels and networking opportunities don’t convince you to attend. And as someone who has attended events in this space, it is beautiful and open, and well worth the trip up to 62nd street. As well as Ethics, we have many events scheduled through the rest of spring - check our calendar for more details.
With all this programming coming up and our expanded drive for membership, we can really use volunteers to help out. If interested, please contact me or Volunteer Coordinator Allison Tomlinson. Also, feedback is always welcomed - if you have a topic or special event you would like our chapter to consider, let us know and our programming team will be on it.
This spring also brings the implementation date of the General Data Protection Regulation (GDPR). I expect you will see programing from us about it, and for in-house counsel members affected by it, I’d be very interested in hearing how you are gearing up for it.
President, ACC New York City Chapter
Investment Treaty Planning Should be on the Checklist for Every Foreign Investment Your Company Makes
By David Zaslowsky and Derek Soller of Baker McKenzie
The title of this article explains why we have written it. Investment treaty planning may ultimately play no role in the way your company structures a foreign investment. At the very least, however, it should be on the checklist of items to consider as a foreign investment is being structured. Because, in our experience, there are so many companies that make foreign investments and give little or no consideration to investment treaty planning, this primer on the basics of investment treaty protections should help you decide whether this is an issue to which your company should be paying greater attention when it makes its next foreign investment. [Read More]
Tackling “Tokenism” in Legal Departments and Law Firms
(It’s Not Just a Virtual Currency)
By Brian J. Focarino of Cooley
The past few years have seen an unprecedented transformation in the diversity policies and initiatives of corporate legal departments and law firms. While there is hope that such policies, which are more data-driven than ever before, will help accelerate minority representation, the attrition rate among minority attorneys, particularly junior attorneys, continues to be high. How can legal departments collaborate with outside counsel to ensure diverse talent is supported and provided equitable opportunities to succeed? [Read More]
SmartLaw + Evolution of Technology
By Larry Oleksa of HighQ
Listening to Rob MacAdam’s recent Bloomberg Law presentation on SmartLaw, I was reminded about the evolution of legal technology as it relates to my own legal career. When I first started at a large firm based in the Midwest in 2001 as a litigator, I was handed a Dictaphone. [Read More]
Know Your Cryptocurrency: Traditional Due Diligence in a Disrupted World
By David Bitkower, Michael Ross and Emily Bruemmer of Jenner & Block
Unless you’ve been living under a stack of savings bonds from the 1980s, you’ve seen news of the Bitcoin mania that’s swept the financial world. As new entrants flood the market, speculation abounds that Bitcoin and other virtual currencies will usher in a new paradigm for the exchange of monetary value uncoupled from government backing—and that those currencies will eventually displace more traditional financial channels and intermediaries. [Read More] *previously published in the New York Law Journal
When Drafting an Arbitration Clause, Specificity Matters
By Hon. John P. DiBlasi, J.S.C. (Ret) of NAM (National Arbitration and Mediation)
The purpose of placing an arbitration clause in a contract is to streamline the resolution of any disputes under the agreement. Alternative Dispute Resolution (ADR) avoids the time, cost and uncertainty of litigating in court when a dispute arises. In drafting an arbitration clause, the goal is make the clause itself clear and to the point. The last thing you want is to have disagreements over the interpretation of the arbitration provision. That would defeat the purpose of same with the result of litigating the meaning of the clause itself. [Read More]