In-house ACCess : In-house ACCess: Association of Corporate Counsel : ACC : The In-house Counsel Bar Association

Much to the chagrin of those who know me well, I am a creature of habit. I sit on the same side in church; the same car and even seat on the commuter train. It upsets me if someone sits in “my seat.” Yes, I know it’s not really mine, but I am in my comfort zone. If I take a different commuter train, then I have to adjust to new conductors and new passengers. It’s almost like being in a new city. But, we all know how comforting yet constricting routine can be.

I cut my professional teeth in the print world of communication. Translated, that means I know what a pica pole is. I also know that a wax machine is not only for cleaning up your eyebrows and I am pretty good with X-Acto knives. I worked on my college newspaper before PageMaker or Quark even hit the design scene. Even so, I have embraced the online world and new technologies; however, I am usually not a first adopter unless it is effective. So, imagine how uncomfortable I was when two ACC colleagues introduced me to microblogging via Twitter. I had a LinkedIn profile that I had to complete since it was going to be posted on my Twitter page. I set up my Twitter account, @eicdocket, in February 2009, and have completely embraced the concept of social media. My LinkedIn account is used at least five times a week. But you won’t catch me on other sites — I only have so much time.

Twitter gives me access to topics and people I normally would not know about or communicate with. Since Twitter only allows 140 character, it forces me to write succinctly — a trait all of us should strive for. It serves as a communication tool for my employer when we launch a new magazine issue, blog post or news event. Yes, I even use it for personal observations, comments or thoughts; I use my best judgment to make sure I don’t take it too far. However, this isn’t always the case online, and employers are grappling with how to deal with social media because it’s not going away.

This month’s ACC Docket cover story, “Are You Building a House of Cards? Social Networking in the Office” asks if you have a clear social media policy for your clients because “what happens in Vegas,” doesn’t always stay there. And, if you need more on social media, then read “Identifying the Legal Issues Lurking Behind Walls and Tweets” and “Social Media Game Plan: IP and Marketing Law Playbook.”

If your multinational company is not familiar with US-style discovery, make sure you read “Tips and Traps in Conducting Discovery of Foreign Corporations.” “Building Blocks for Corporate Ethics” is an excellent refresh of your knowledge in this area. Protecting your customers’ privacy should always be a priority, so “A Balancing Act: Protecting Customer Interests and Privacy Online” helps in-house counsel strike a balance between the two. Further, neither in-house nor outside counsel should miss “Evidence Preservation Warfare: Ediscovery Lessons Learned from AMD v. Intel.”  Written by AMD’s legal team, this piece provides excellent points to remember as you preserve data within your company.

Make sure you always read our columnists. We knew their work was award-winning even before publishing peers told us so. Infusing humor, perspective and knowledge in 700 words or less is never easy. Try doing it in 140 character or less. See you on Twitter.

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I grew up a military brat and spent the majority of my life on U.S. Army bases. Uniforms, crew cuts and polished boots were a way of life. My dad’s boots were so shiny that you could see your reflection: To this day, I am still not sure how he performed helicopter maintenance while keeping his combat boots pristine.

An even lesser-known fact about me is that I like to watch war movies. While these movies are not my first pick (I prefer comedy or romance), if the plot is good or based on a true story, I am in. And, if the soldier falls in love — well that’s just blending two great stories.

I am fascinated with the human element of the military. What turns ordinary men and women into leaders? Other than rank and order, what qualities inspire a solider to follow a leader into the trenches during wartime? I often translate military behavior into civilian life: Am I the kind of leader who inspires foxhole followers? Can I spot a potential leader and mentor her so she can rise through the ranks? Am I creating foxhole-worthy leaders?

Identifying leaders is not an easy task. Common traits exist, but execution styles vary. Success is often open to interpretation. But one thing is consistent: one generation paves the way for the next. So, it is our responsibility to seek and develop the next generation of leaders.

This month’s cover story, “Developing Great Minority Lawyers for the Next Generation” offers diversity solutions. If you want to lead the conversation, this is an article to share because it offers solutions and tactics for corporations and firms. The next generation of lawyers and the leaders who rise to the top don’t appear spontaneously. You have to take the time to mentor them.

But even the best leaders and military officials face the reality of a finite career. “In-house Counsel’s Guide to Litigating Age Discrimination Discharge Cases” reminds us that no matter our place on the corporate ladder, we age. In our transition from mentee to mentor, we do not want to be professionally cast aside simply because of the date on our birth certificate. Learn how your company can avoid this. And if it’s too late, find tips to litigate as both plaintiff and defendant.

No matter how you slice it, lawyers are simply mortal men and women trying to accomplish their company’s mission. What kind of leadership qualities do you look for in a potential boss? Are you exhibiting those qualities in front of your staff? For those interested in the CLO career path, ACC’s CLO Community is a good place to start your research and find advice from experienced leaders. For the rest of you, remember the military trench mentality: Are you foxhole worthy?

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I admit it: my global travel experience is limited. I have only traveled out of the United States to Canada, Mexico, and the Caribbean. You guessed it: two out of the three trips were for vacation. I am not the candidate of choice for anything international. And, to top it off, I only speak one language: English. When I was in school, we were not required to take a language. Hindsight tells me that this was a grave mistake in the American school system and I went right along with it.

That said, I am proud to say that my circle of friends, acquaintances and business associates are more varied than my global travel. I do not hesitate to ask them questions about their culture or country. We sometimes even discuss the dreaded no-no’s of social circles: politics and religion. But, I ask questions in such a way as not to offend or condescend, but to learn. After all, unless I travel to their countries and live within their cultures, how am I supposed to find out what it’s like? Luckily, the people I know are generous and provide me with details that I bank for further exploration. My global experiences are only just beginning and I seek as much information as possible to be prepared for future travel.

The global business relationship may not be the situation you want to walk into as a novice, as the environment can be nuanced and fraught with cultural and legal differences. This is where ACC can help. We provide not just resources, but people: other legal professionals who serve as in-house counsel in other countries. ACC’s International Legal Affairs Committee is comprised of an active group of members from various companies and stages of career development. They can show you the tools you’ll need to navigate your global journey. They offer insights you may not be able to find elsewhere. Some of their experiences are shared in this month’s ACC Docket. Six feature articles focus on some aspect of practicing law in a global setting. And, the June issue is also one of the issues in which we publish one of our three international-focused newsletters, European Briefings. Finally, if you truly can’t get enough global insight, our monthly “Going Global” and “Outsource Resource” columns are regular reminders that global business is literally a phone call or an email away. Technology has made it so that we can communicate at a much quicker pace, much to the delight of some and the chagrin of others. You never know when you might be called upon to expand your knowledge base to include global matters.

Whether your passport is covered with stamps or waiting to be filled, ACC offers you insight into international legal issues, customs and cultures. From Finland to Mexico, from Bulgaria to Quebec, from Nigeria to Hong Kong, in-house counsel must be ready to address the complexity that international business operations entail. ACC’s worldwide reach and resources provide your law department with best practices that capture a global perspective. And, this global issue of the ACC Docket will help you and your company navigate the globe — it’s a small world, after all.

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A quick straw poll at a recent ACC MiniMBA showed that all the former litigators in the room eventually moved out of this area of their profession for one reason: they got tired of always arguing. If all the good litigators leave, who will represent you in court? Is there a way that in-house counsel can protect the company and reduce the amount of arguing the litigators must do?

This month’s ACC Docket features a variety of articles on areas that can impact your litigation efforts, including: ediscovery, internal investigations, personal injury claims, patent infringement, the Consumer Legal Remedies Act and Six Sigma.

In addition, you will find an interview tailored just for you in this month’s “Tips & Insights” section — one of the top-read departments in the magazine according to ACC Docket’s 2008 Readership Survey. Editor Maggy Baccinelli interviews Amar Sarwal from the National Chamber Litigation Center on hot button litigation issues and current cases affecting business. As general litigation counsel, Sarwal provides insights on how to improve your litigation game, stressing the importance of cost benefit analysis prior to pursuing litigation, a pointed brief that tells a story, and careful management of outside counsel. 

Maybe not all lawyers like to argue, but I bet you like to win. This issue of ACC Docket helps you get just that much closer to victory.

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Employees: You never really know what it’s like to have them until you manage them. Oh sure, when you don’t manage any employees, you think you know it all. You find out how much you don’t know when you get promoted.

I worked in my husband’s company — a bootstrapped telecommunication firm — for three years. Our staff’s experiences and perspectives were varied. To say that I finally learned complete ownership — literally and figuratively — of managing employees and money is a gross understatement. When it’s your own checkbook, you look at nothing the same ever again. And when it’s your name and reputation on the line, your focus becomes even more so acute.  

The April ACC Docket is loaded with articles about traditional employment law issues and covers two fairly new employee management issues: social media and workplace bullying. In most companies, employee overhead is generally one of the top three cost centers. And that does include employee litigation, which is something we all want to avoid. ACC’s Employment and Labor Committee is one of the most active we have and they always deliver content, perspective and rock solid experience to lean on to help you manage this area well.  

Products break. Cash ebbs and flows. Vendors come and go. How employees handle it impacts your business. How they treat each other and your customers impacts the bottom line. How employees present themselves on social media platforms impacts your image and your brand. How well prepared your company is impacts you.

According to Mashable, about six million of us have registered Twitter accounts. Fifty million are on LinkedIn and Facebook says it has more than 400 million active account users. LexisNexis Martindale-Hubbell’s 2009 global survey show that more than 70 percent of lawyers were members of an online social network — up nearly 25 percent the previous year. That’s a lot of opportunity for your employees to represent your company. This is new territory for most companies. If your company does not already have a social media policy, what are you waiting for?

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