Newsletter

Focus On The New York City Chapter ~ Fall 2019 Newsletter Print

President's Message



A LETTER FROM THE PRESIDENT.

As we fall into another season connecting the more than 1,700 in-house counsel of the ACC New York City Chapter, we remain focused on the prior years’ manifestations to offer engaging, quality and relevant programming and making it accessible through the creation of a streamlined marketing methodology (don’t forget to join us on LinkedIn at https://www.linkedin.com/company/accnyc/) and re-balancing the chapter to be a better in-house bar for you.

In 2019-2020, we look forward to pursuing the following objectives set forth during our summer Strategy Session by new and incumbent leaders:

• Expanding our programming menu to offer more soft-skills based events designed to address the underlying needs of every in-house counsel – from interviewing skills, resume writing techniques, financial management, and health and wellness.

• Prioritize and target sponsors that can provide information that is valuable to our members while still leveraging creativity and flexibility in developing pioneering and inventive programming for the Chapter.

• Establish a formal new and under-engaged member outreach program targeted to continual membership engagement through member-driven programming, events and opportunities.

You can meet your leadership at https://www.acc.com/chapters-networks/chapters/new-york-city and check our upcoming events in New York City! In particular, we’ve created a new role this year - Vice President, Pro Bono and Cultural Outreach to lead and develop the Chapter’s pro bono, community and law school initiatives! And, we extend a warm welcome to our newest Board members: Chris Lalan, Senior Vice President and Director of the Legal Division, Popular Bank; Nina Reyes, VP Director – Senior Privacy Officer, HSBC; and James Farnsworth, Associate General Counsel, Capgemini North America along with the 2019-2020 slate of Officers:

• President - Ashley A. Miller

• President - Elect and Vice President, Spotlight and Inclusion – Penny Williams

• Vice President, Membership – Suzanne Cruse

• Vice President, Programming – Tia Gilford

• Vice President, Sponsorship – Kevin Fumai

• Vice President, Pro Bono and Cultural Outreach – Rachael Clark

• Treasurer – Jeffrey Schultz

• Secretary – Marco Salcedo

As we are always looking to evolve, we encourage you – our members – to help us stay focused and original with recommendations, feedback and guidance so that we continue to demonstrate our value as a resource for education and community. Please share your thoughts with any of your Chapter leadership or email our Executive Director, Amy Adams at: [email protected].

Best regards,


Ashley Miller
President, ACC New York City Chapter


 

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Featured Articles


BEFORE THE REAL NEGOTIATIONS BEGIN: USE GOOD FAITH DISCLOSURE AND PROACTIVITY TO PREVENT MEDIATION SABOTAGE

By: Hon. John P. DiBlasi, J.S.C. (Ret.), NAM (National Arbitration and Mediation)

The joint session of the mediation, where disputing parties speak directly to one another, is often considered the best opportunity for the parties to engage in a realistic discussion of the strengths and weaknesses of their case. However, joint sessions don’t always end up with parties finding common ground. In many cases, the mediation process is often sabotaged during the joint session where a dispute arises with respect to communications between counsel prior to the mediation. These critical communications are usually informal, never reduced to writing and often lead to misunderstanding and mistrust between parties. In other words, the joint session could have the adverse effect of driving parties further apart. As a result, the mediator – in an attempt to move the resolution process forward – redirects valuable time away from the mediation in order to smooth ruffled feathers and to help to resolve an argument about what was represented prior to the mediation.

To avoid this scenario, the parties should always confirm in writing any understanding upon which their agreement to mediate is based, well in advance of the mediation. Further, it should be mutually agreed upon that the parties will disclose any change of circumstances that will affect that understanding prior to the mediation. The purpose is twofold: 1) it will allow counsel to reevaluate their client’s settlement position and proceed with the mediation; or 2) adjourn the mediation to allow parties additional time to do so.

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GLOBAL EFFORTS TO COMBAT HUMAN RIGHTS ABUSES IN SUPPLY CHAINS

By: Robert P. Lewis, Kevin Coon and Chris Burkett, Baker McKenzie LLP

Modern slavery exists today in many forms, including forced labor, involuntary servitude, debt bondage, human trafficking and child labor. According to the Walk Free Foundation's Global Slavery Index, published with input from the United Nations' International Labour Organization and the International Organization for Migration (IOM), as of 2016, an estimated 40.3 million men, women and children were trapped in modern slavery, including 24.9 million people who were victims of forced labor including in global supply chains. Slavery is, of course, not the only issue affecting global supply chains. As tragically demonstrated by the 2012 fire at the Tazreen Fashions garment factory in Bangladesh that killed at least 111 people, and the 2013 Rana Plaza building collapse in Bangladesh that killed over 1,130 people and injured more than 2,500 people, substandard and unsafe working conditions in factories in which goods are manufactured by low cost labor can result in the same types of risks, and human misery.

This is more than just an academic exercise for multinational companies. For Boards and C-suites, it is a highly visible issue that shareholders, employees, NGOs, and other stakeholders are demanding be addressed. Customers and counterparties are increasingly sensitive to how companies conduct themselves—recent surveys show that larger sections of the public are more likely to make key purchasing decisions, from selecting their clothes and coffee provider to choosing their employer, based on a proven record of ethical and sustainable conduct.

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MERGERS & ACQUISITIONS: HOW U.S. AND INTERNATIONAL COMPANIES CAN ENTER THE CANADIAN MARKET

By: Borden Ladner Gervais LLP

Canadian businesses are ripe for foreign investment. With an open economy and few significant regulatory requirements for M&A transactions, the country is a great place to invest.

Canada is an attractive place for businesses around the world interested in establishing a presence in another country. Our stable economy and welcoming environment for international investors regularly brings in investment from corporations in the U.S., Europe and Asia. BLG partner Kent Kufeldt, a leader in cross-border financing transactions, and merger, acquisition and reorganization transactions, discusses the ins and outs of M&A transactions for any company interested in the Canadian market. From plans of arrangement and takeover bids, to acquiring minority interest in a company and advising on the Investment Canada Act, find out how we can help you gain a foothold here.

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DOES THE CREATOR OF A LOGO AUTOMATICALLY OWN BOTH THE COPYRIGHT AND TRADEMARK RIGHTS?

By: William M. Borchard, Cowan, Liebowitz & Latman, P.C.

A logo can be covered by both copyright and trademark rights. If you commission an independent contractor to design a logo for your use, ownership of those rights may vary because there are differences between the copyright law and the trademark law in the United States.

Copyright Ownership
Initial ownership of the copyright in a graphic work, such as a logo, normally vests in the individual who creates that work. The exception is a work made for hire, created by an employee working within the scope of his or her employment, but that does not apply to a work created by an independent contractor. Some works for hire may be created by written agreement if the work is within one of the categories of works specified in the Copyright Act, but logos - two-dimensional artwork - do not fall into any of those categories. However, if a work does not qualify as a work for hire, the owner may assign the copyright to any person or company in a written document.

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PORTFOLIO INVESTORS TO BENEFIT UNDER THE RECENT CHANGES TO INDIA’S SECURITIES LAWS

By: Majmudar & Partners

On August 21, 2019, India’s securities market regulator, the Securities and Exchange Board of India (the “SEBI”), introduced a plethora of changes to Indian securities laws and regulations. This update discusses the key changes.

Background

In recent months, a multitude of factors including, inter alia, the ongoing trade tensions between the US and China, a slowdown of India’s growth rate, the shadow bank liquidity crisis and the introduction of a higher tax surcharge on institutional investors in India’s financial budget for 2019-20, caused foreign investors to pull out of Indian equity markets. Given India’s need to attract investment to revitalize its economy, the SEBI has sought to ease compliance norms and make India a more attractive investment destination while seeking to provide support to domestic market participants.

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Upcoming ACC NYC Events

OKTOBERFEST WITH CADWALADEROctober 10, 2019

SOLD OUT - NO WALK-INS/REGISTRATION REQUIRED ~ DIVERSITY GROUP PRESENTS: INCLUSIVITY, INTERSECTIONALITY AND BECOMING AN EFFECTIVE ALLY - October 15, 2019

ANTI-BRIBERY LAWS IN THE US AND UK: A COMPARATIVE APPROACH - October 17, 2019

SAVE THE DATE --- 2019 Privacy & Tech Summit: What In-House Legal Counsel Need to Know - November 12, 2019

 

 

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