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In-house Access

Insight & Commentary for In-House Counsel Worldwide

Using Non-compete Provisions to Avoid Employee Flight Risks

Posted in Contracts & Negotiations

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

New to Health Law In-house? Some Tips from the Trenches

Posted in Career, Inside Health Law

Guest blogger: Jane A. Orenstein is Director of Legal, Regulatory and Compliance Services at Delta Dental of Washington. She is also co-secretary of the ACC Health Law Committee. She can be reached at jorenstein@DeltaDentalWA.com.

In April 2013, in my 33rd year of legal practice, I received a very welcome job offer from a healthcare company. I was thrilled, but also terrified. While I have considerable experience both in-house and as a government lawyer, none of that experience came from working in the healthcare industry. Why, you might ask, would a healthcare company hire a lawyer with no healthcare industry experience? The pitch I made to my employer was that my experience as a corporate adviser, transactional attorney and government lawyer in a highly regulated industry would be applicable to the duties I would be performing at the dental benefits company. Continue Reading

Data Breaches: In the News and in the ACC Chief Legal Officers (CLO) 2015 Survey Results

Posted in Inside Health Law

Guest Blogger: K Royal is privacy counsel at Align Technology, Inc. She is also the co-secretary of the ACC Health Law Committee. She can be reached at kroyal@aligntech.com.

If you pay attention to any type of information sharing – news, emails, social media – you have heard something about at least one breach of data in the past six months or so. In January, ACC released the Chief Legal Officers (CLO) 2015 Survey, which revealed that 27 percent of CLOs and general counsel reported experiencing a data breach at their company within the past two years. I wonder what defines a “breach.” In my experience, I have never worked anywhere that did not have a personal breach of some sort. Thus, I am inclined to believe that the nearly 1,300 respondents from 46 countries applied some kind of threshold to the term “breach.” Continue Reading

2nd Annual Diversity Summit – Gaining Comparative Advantage Through Cultural Competency Awareness

Posted in Pro Bono & Diversity

Guest Blogger: Leslie Paige Wolfson is executive director of ACC New Jersey, which serves more than 1,300 in-house counsel in Northern and Central New Jersey. She can be reached at leslie.wolfson@acc-newjersey.com.

In December 2014, ACC New Jersey held its second annual Diversity Summit, titled “Gaining Competitive Advantage Through Cultural Competency Awareness.” Communications expert Vince Varallo of Varallo International and Luis Diaz, chief diversity officer of Gibbons P.C., were our key speakers at the event. Continue Reading

Beyond Gender: Negotiating for Yourself

Posted in Career, Contracts & Negotiations, Pro Bono & Diversity

Guest Blogger: Stephanie A. Scharf is a partner at Scharf Banks Marmor LLC. She represents clients in complex business disputes, corporate insurance litigation, tort and product liability and class action defense. She can be reached at Sscharf@scharfbanks.com.

When Carnegie-Mellon professor Linda Babcock asked men and women to choose a metaphor to describe how they feel about the prospect of negotiating, the men’s top pick was “winning a ball game.” The women’s top pick? “Going to the dentist.” That feeling is certainly how some women lawyers view the prospect of negotiating for themselves – whether for more compensation, office space, flex-time or a promotion. But like it or not, the more senior you become, the more negotiating for yourself becomes a required skill. Continue Reading