A LETTER FROM THE PRESIDENT.
A new fiscal year. New faces. New objectives. As the incoming President of the Association of Corporate Counsel – New York City Chapter I wish to not only honor our history but also to build upon it. I am sure many of us are tired of hearing the word – innovation - or have completely lost sight of what it truly means – this year, our goal is to innovate through a process of re-visiting the past and re-pointing the foundation of our organizational mission: anticipate, help, advance and create. Perhaps a journey through the past is counterintuitive to something deemed “innovative” – but I believe we need to remember where we came from, find humility there, and then move forward mindfully.
This fall, we encourage our members to continue to raise their hands and take a seat at the table – we want to be better listeners, and, therefore, better leaders. In support of this, the board of directors established three objectives for fiscal year 2018-2019 during its annual strategy session. These objectives are meant to build upon what we know, respect what we value – our members, and draw upon expertise and skills from your leaders to create a better community, open dialogue and transparency into the organization:
Objective 1: curated, consistent and polished marketing Content
This objective is designed to create a streamlined, and targeted approach to getting you the information you want and need – program topics, CLE credits and more networking that fits your schedule – through the creation of a Social Media Strategy, Revised Marketing and Direct Outreach.
Objective iI: targeted active board participation
This objective is designed to assess your leaders. We want to identify gaps to creating a Better Chapter – the Best Chapter – and are actively taking inventory and finding ways to directly engage your leaders in what they do best – and engage you to do what you do best.
objective III: Sponsor and member investment and retention
This objective is designed to identify ways to re-invest into sponsor relationships and into you – our existing members (we know familiarity is important to you when deciding who to hire)!
To achieve our objectives and vision of “promot[ing] the common professional and business interests of in-house counsel”, we want to extend gratitude for the value you contribute to the Association of Corporate Counsel – New York City Chapter as members and advocates and encourage you to volunteer by reaching out to myself or our Executive Director, Amy Adams.
Cheers to another season of listening and learning (along with some fun too)!
President, ACC New York City Chapter
Legal Privilege and Internal Investigations: The Court of Appeal Provides Some Protection and Suggests Legal Advice Privilege is Revisited
By: Christine Braamskamp, Elizabeth Shimmin and Oliver J. Thompson, Jenner & Block
The Court of Appeal on 05 September 2018 gave judgment in SFO v ENRC  EWCA Civ 2006. The judgment allowed the appeal, overturning the judgment of Andrews J in the court below. Mrs. Justice Andrews’ judgment had limited the scope of litigation privilege in internal investigations. This judgment has now reaffirmed that when an internal investigation is conducted, in certain cases litigation privilege will apply. [READ MORE]
When M&A Meets National Security: New Laws Affecting Private Equity, Sovereign Wealth and Investments in U.S. Companies
By: Rod Hunter, Sylwia Lis, Karl Egbert, Baker McKenzie
The Committee on Foreign Investment in the United States (CFIUS or Committee) has broad authority to review foreign acquisitions of U.S. businesses, and certain other transactions, on national security grounds. A newly enacted law, the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), represents the most significant change to CFIUS’s review framework since its creation three decades ago. [READ MORE]
U.S. Blockchain Enforcement and Litigation Update
By: Dechert, LLP
With soaring cryptocurrency prices attracting significant new investment in late 2017, U.S. regulators sought to fill the statutory void by exercising jurisdiction over a variety of digital assets. That trend continued in the first half of 2018, as both the federal government and state agencies have increased regulatory oversight for the rapidly-expanding digital asset industry. This has resulted in a distinct uptick in both enforcement actions and private litigation in the cryptocurrency space. [READ MORE]
Power of the Purse: Negotiating as a Woman
By: Elizabeth Lash, ACC-NYC Women's Group Steering Committee Member
Helping women become “bolder, braver, and better-paid” was the theme of the evening at the September 6, 2018 event “Power of the Purse: Negotiating as a Woman,” sponsored by Kirkland & Ellis and the Women’s Group Steering Committee. Bottomless Closet, a New York City non-profit which helps “connect women and work,” and Jamie Lee, a self-advocacy coach and lecturer, each presented on this theme. [READ MORE]
A Year On, the Reserve Bank of India Notifies Regulations on Cross Border Mergers
The Companies Act, 1956 permitted inbound mergers, i.e., merger of a foreign company into an Indian company. Even then, there were no foreign exchange regulations on inbound mergers. A key change that was introduced by the Companies Act, 2013 (the “Companies Act”) was to enable outbound mergers as well, i.e., merger of an Indian company with a foreign company, subject to approval of the Reserve Bank of India (the “RBI”). [READ MORE]
Your Color-Coded Crib-Sheet to Creating Compelling Restrictive Covenants
By: Laurent S. Drogin, Tarter Krinsky & Drogin
There is an oversimplified view in the press and on social media – and some members of Congress – that “non-competes” are bad— very bad—and that employers are far too aggressive in enforcing them. These opinions understandably flow from reports of non-competition clauses abusively enforced against low-wage employees such as sandwich makers and dog sitters. To fix this “problem,” a group of Democratic Senators introduced the Workforce Mobility Act of 2018 (WMA) (Senate Bill 2782, with an identical version in the House at H.R. 5631). [READ MORE]
We’re pleased to welcome law firms and legal service providers to join and contribute to one of the largest, most vibrant communities of in-house attorneys in the world – the Association of Corporate Counsel. Click here to preview information on the Chapter's 2019 Sponsorship Program.