Guest bloggers: Kathryn Hartrick is vice president and general counsel at Robertson Lowstuter. Ted Banks is partner at Scharf Banks Marmor LLC and former chief counsel, global compliance at Kraft Foods.
You have just received a job offer for a great in-house position. You are an experienced law firm lawyer and you may be figuring that this is going to be easy. You know the law. You know how to write briefs. You are great in court. Your clients love you.
Not so fast. Lots of former law firm lawyers, even litigators, have done a fabulous job as in-house lawyers, but there are some differences. Trying to replicate everything you did at your law firm when you go in-house may be a recipe for disaster. Continue Reading
Guest blogger: James Merklinger is vice president and chief legal officer at ACC. He represents ACC on all global legal issues and advises the organization on meeting the needs of the in-house counsel community.
The complexity of compliance and its impact has skyrocketed throughout recent years as businesses across the globe continue to expand their operations and footprint. Roughly 96 percent of chief legal officers (CLO) and general counsel who responded to the ACC CLO 2015 Survey noted ethics and compliance as an important issue for the year ahead. In fact, compliance was the top practice area for hiring over the past year, especially for new positions created in Latin America (33 percent) and the Asia Pacific region (30 percent). Continue Reading
Guest bloggers: Eric F. Hinton is chief ethics and compliance officer at 7-Eleven, Inc. and Ted Banks is partner at Scharf Banks Marmor LLC.
Being a lawyer is fun. You get to do a lot of different things, and notwithstanding the lawyer jokes, it is a position of power and respect. Sometimes, lawyers are trapped by abstract concepts and training. This approach often shows up in preparing compliance programs, where the results can be disastrous.
In law school, we are trained to spot and analyze every issue, as well as anticipate every argument that the “other side” might present. We spend hours making sure every citation is not only correct, but follows an arcane and seemingly arbitrary format. This training is great for writing legal briefs. Does it help us deal with the real world of compliance though? Continue Reading
Guest blogger: Laura Woods is vice president of legal affairs at Care Centers Management Consulting, Inc. She is also co-vice chair of the ACC Health Law Committee. She can be reached at firstname.lastname@example.org.
Did you celebrate a birthday on March 23? If so, you share your special day with the Patient Protection and Affordable Care Act (PPACA). It is five years old! I know, right? If it were a kid, we would be looking to register him or her for kindergarten. Even as it continues to maintain a sharp divide among many Americans, there is still “newness” about the PPACA that makes it difficult to comprehend its age. Continue Reading
Guest blogger: Anthony Palazzo is general counsel for a private holding in Durham, N.C. Palazzo is also a member of ACC Research Triangle Area.
Few situations are more disturbing to a general counsel (GC) than when a senior executive resigns or is terminated. In today’s volatile capital market, it is apparent that people simply do not stay with a particular job as they did in the past.
As GC, you have a standard confidentiality and nondisclosure agreement (NDA). An NDA contains a covenant not-to-compete provision, commonly referred to as a “non-compete,” which prevents the employee from working with any company that conducts similar business. However, have you adequately protected your company? Continue Reading