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

President's Message


The season of renewal belongs to everyone and offers us a chance to reflect on what the prior year has meant to each of us and what we have made of it. As the President of the Association of Corporate Counsel New York City Chapter, I am constantly inspired by the generous time volunteered by our Board of Directors, the commitment and support of our Sponsors and the dedication of our community of Members. Each of you has built us up – and, many of you have personally built me up – I am truly grateful.

Perhaps, as we too, find ourselves on the brink of a new decade, it is time to recognize the tremendous growth of our Chapter over the last year:

  • We welcomed nine Directors to the Board, each full of motivation and perspective anew offering us a looking glass into how we can create an even brighter reflection.

  • We hosted 50 programs to educate our community on hallmark topics like data privacy and the uncertainty of new regulations in California, ‘free-fallin’ into copyrights, the artful drafting of commercial contracts and waging compliance efforts with employment laws.

  • We engaged in Pro Bono activities with the Chanel Foundation and Hot Bread Kitchen and co-hosted a seminar on small business transformation with the Pro Bono Institute.

  • We branded ourselves more consistently as the premier in-house community by tripling our social media presence on LinkedIn.

  • We redefined our Women’s Group to more strategically focus on ‘Women and Gender’ by acknowledging the importance of allies and inclusion and creating diversity and inclusion in the workplace.

Please share your insights with any of your Chapter leadership or email our Executive Director, Amy Adams at: [email protected].

We are excited to celebrate ‘you’ and how grateful we are during A Villainous Night in Gotham Winter Gala to be held at Gotham Hall on February 13, 2020.

Find meaning and magic in this beautiful life. Always remember, that what we so often seek, is right in front of us.

Best regards,

Ashley Miller
President, ACC New York City Chapter


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Happy Holidays

ACC-NYC wishes everyone a wonderful holiday season, and a happy, healthy & prosperous New Year!

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Featured Articles


By: Michael SchmidtCozen O’Connor

Employment Law Now, a podcast discussing the latest trends, news, and updates in employment law, is hosted by Michael Schmidt, the vice chair of Cozen O’Connor’s Labor & Employment Department and the office managing partner of the firm’s New York Midtown office. This is the 50th episode of the podcast and includes special guest David Weisenfeld at XpertHR, who joins the conversation about LGBTQ at the Supreme Court, mandatory arbitration, ban-the-box, data analytics, and hot HR topics to watch in 2020. Click here to listen to the podcast.


By: Demian A. Ordway and Peter J. Brody, Holwell Shuster & Goldberg LLP

Concerned that the EPA was preparing to roll back automobile efficiency and greenhouse gas standards, the State of California announced in July that it had reached agreement “on a voluntary framework to reduce emissions” with Ford, Honda, BMW, and Volkswagen. Importantly, the automakers agreed to apply the framework not just to those of their cars sold in California, but to all of their cars sold nationwide. The Justice Department responded by opening an investigation into whether the agreement violated federal antitrust law and issued subpoenas last month to the four automakers. Commentators elsewhere have argued that any antitrust action against the automakers is unlikely to succeed, and this article will not rehash their assessments. But the California case raises a more general question: how can businesses work together to advance the broader social good without violating the antitrust laws?

Answering this question is challenging because antitrust law has long viewed cooperation among competing business with great skepticism. Any effort to restrict the way in which rivals compete potentially diminishes competition itself, the social good that the antitrust laws were designed to safeguard. As the head of the DOJ’s Antitrust Division recently argued, “[n]o goal, well- intentioned or otherwise, is an excuse for collusion or other anti-competitive behavior that runs afoul of the antitrust laws.” Applying this reasoning, the Wall Street Journal’s Editorial Board argued that the California fuel-standards deal was effectively an agreement to raise prices on traditional gas-powered vehicles and steer customers towards electric cars. As the argument goes, if consumers want more electric cars, Ford can simply make more. It doesn’t need an agreement with Honda, BMW, and Volkswagen to do so unless it was illegally seeking protection from competition.



By: Jeffrey W. Brecher and Justin R. Barnes, Jackson Lewis P.C.

Persistent confusion over the Department of Labor’s (DOL) “fluctuating workweek” (FWW) pay method to satisfy employers’ obligation to pay overtime has deterred many from using it. Now, the DOL has proposed changes to clarify the pay method.

Under DOL regulations on the FWW pay method, if certain conditions are met, an employer may pay an employee who works fluctuating hours a fixed salary for all hours worked, and then an additional half-time for all hours over 40, a number that decreases as the number of hours increases. Although DOL regulations expressly permit employers to use it, uncertainty regarding its requirements and the potential for litigation (particularly during the last 10 years) has the FWW pay method gathering a bit of dust. The DOL aims to wipe off some of that dust. In a Notice of Proposed Rulemaking (NPRM) issued on November 5, 2019, the DOL clarifies that employers may provide additional pay, such as bonuses or premiums, to employees subject to the FWW method, even when the additional pay is tied to the number of hours worked, without jeopardizing the use of that pay method.



By: Christian Lee and Adam Connolly, Cooley LLP

With a month left before the January 1, 2020 deadline to comply with the California Consumer Privacy Act, covered businesses should ideally be well on their way to compliance. But what if you procrastinated and find yourself tardy for the CCPA compliance party?

Here are a few practical, last-minute tips to make the best of the last month before the deadline.

First, is your company covered?

Start by making sure your company is actually covered by the CCPA. First, your company must be a for-profit entity that (1) collects the personal information of California residents, (2) determines the purposes and means of processing the PI and (3) does business in California.



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Upcoming ACC NYC Events


Join us for a villainous good time at NYC's Gotham Hall. Registration for our 2020 Winter Gala will open shortly.

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