Greeting and happy soon to be summer to all our ACC-NYC members. I hope this season is starting off well for all of you and that in between dealing with the ever-growing responsibilities of an in-house counsel, you have planned some relaxing weekends and vacation time with family and friends.
If you haven’t yet - no worries, rest assured the Chapter will provide you with great social events and CLE over the coming months. As an example of what our members got to experience recently, on May 17th, our diamond sponsor National Arbitration and Mediation (NAM) hosted a signature social at the Players Club at Gramercy Park. We all enjoyed the musical entertainment from Broadway performers, and a tour of this historic part of NYC theater history, as well as networking with fellow members and representatives from NAM’s panel. Visit our Tumblr account to see pictures and details of this wonderful event. On June 7, sponsor Charles River Associates presented a CLE on Blockchain and Crypto Currency - from my end, it was a provocative introduction to the potential benefits of blockchain and an example of the kind of cutting-edge CLE available to our members.
Looking ahead, on June 20 our full day CLE event – The In-House Toolkit- will take place at Convene in Midtown Manhattan. Six hours of CLE is available, with topics ranging from best practices for contracting; diversity in litigation and ADR, current issues and compliance in employment law, and much more. This Convene location was particularly popular with our members last year, and as always, after you have earned your CLE, there will be a networking event with members, sponsors, and presenters, as well as raffles. Be sure to register to secure your space.
I am also very pleased and proud that the 2018 ACC Value Champions awards feature winners from our Chapter. Please join me in congratulating Andeavor and Counsel Management Group, and all the other winners. The ACC Value Challenge provides resources and training for legal executives to affect valuable change within the legal industry, and I encourage you to click the link to read about their winning initiative.
Finally, it is that time of year again where we at the ACC-NYC Board look to the end of terms and the start of new terms and opportunities for new board candidates. Board nominations are now open, and if you enjoy being a member and actively participating in ACC-NYC activities, please consider applying to be a member of our board of directors. Applications close on 6/21, and you can apply here.
I look forward to seeing you at our upcoming events - enjoy the summer and may it be a joyful and relaxing time for all of us.
President, ACC New York City Chapter
The Commercial Arbitration – The Single Arbitrator versus the Tri-Panel
By: Hon. John P. DiBlasi, J.S.C. (Ret.) of NAM (National Arbitration and Mediation)
Over the years, I have had the opportunity to preside over numerous commercial arbitrations of all types. I have done so as the sole arbitrator and also as a member of a tri-panel. The decision to use a single arbitrator versus a tri-panel is a critical one. [READ MORE]
Recent Regulatory Developments Offer Unique Opportunities to Shape the Law
By: Michael McGinley and Chelsea Nichols of Dechert
The federal regulatory landscape that companies face has changed dramatically in the past year. The new Administration has pursued an ambitious reform agenda aimed at reducing regulatory burdens and complexity—which opens a number of avenues for businesses to influence executive branch regulatory policy. [READ MORE]
Supreme Court: Class Action Waivers in Employment Arbitration Agreements Do Not Violate Federal Labor Law
By: Jeffrey Schwartz, Daniel D. Schudroff, Collin O'Connor Udell, Samia M. Kirmani, Sherry L. Swieca and Stephanie L. Goutos of Jackson Lewis
Class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (FAA), the U.S. Supreme Court has held in a much-anticipated decision in three critical cases. Epic Systems Corp. v. Lewis, No. 16-285; Ernst & Young LLP et al. v. Morris et al., No. 16-300; National Labor Relations Board v. Murphy Oil USA, Inc., et al., No. 16-307 (May 21, 2018). [READ MORE]
M&A Update: A Trio of Delaware Decisions Discount Deal Price In Appraisal Litigation
In a trio of appraisal decisions, Delaware courts declined to use the deal price as the best evidence of fair value, instead using discounted cash flow analyses (“DCF”) and the unaffected market price to determine fair values below the merger consideration. Building on the trend reflected in the Delaware Supreme Court’s high-profile 2017 decisions in Dell, Inc. v. Magnetar Glob. [READ MORE]
Addressing Sexual Harassment in the #MeToo Era: A Four-Part Series
By: Amy L. Bess and Sadina Montani of Vedder Price
Vedder Price Labor & Employment Shareholders Amy L. Bess and Sadina Montani are taking an in-depth look at how companies can move forward in the era of #MeToo through a four-part series published by Corporate Compliance Insights. The following excerpts are from the first three articles of the four-part series. [READ MORE]
Employment Arbitration Agreements With Class Action Waivers Are Enforceable
By: Baker McKenzie
The US Supreme Court issued a highly anticipated decision on May 21, 2018 in Epic Systems Corp. v. Lewis, holding that class action waivers in arbitration agreements are fully enforceable, notwithstanding the right to engage in concerted activity under the National Labor Relations Act (NLRA). [READ MORE]
Crafting Robust Force Majeure Clauses
By: Alan Howard and Luke van Houwelingen of Crowell & Moring, LLP
After a recent deadly 7.5 magnitude earthquake hit Papua New Guinea, ExxonMobil Corp. shut down a local natural gas facility out of concern that critical field infrastructure and a pipeline were damaged. Amid uncertainty about when the $19 billion liquid natural gas facility might be able to reopen, it has been reported that Exxon declared force majeure in an attempt to protect the company from any liability due to its inability to fulfill supply obligations. [Read More] *previously published on Law360
EXPAND YOUR NETWORK OF IN-HOUSE PEERS
Whether you’ve saved time, saved money, expanded your network, or contributed to your profession (or all 4!), you understand the value of ACC Membership.
Invite your in-house friends and colleagues to become members of ACC. Share the knowledge of ACC’s resources and how membership has helped advance your career.
With ACC membership, your in-house peers join the association's global network of over 43,000 in-house professionals, gain access to a robust online resource library, and receive discounts on world-class educational programming. Plus, you create new opportunities to engage with colleagues and share ideas.
New members must complete the online form and provide your contact information where requested. For every new member you recruit in June, you’ll be entered for a chance to win a $100 gift card!
We strongly encourage active Chapter members, interested in representing and directing the professional activities of the ACC New York City Chapter, to apply for an At-Large ACC New York City Board of Directors position (2018-2021). Board participation is a great opportunity for professional and personal growth and a critical component of a diversified membership. Click here for more information.