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

The recent volcano that brought air travel to a standstill erupted just as I was finishing a European General Counsel Roundtable in London that focused on “Managing the Global Legal Function in the Midst of Change.” If you are on Twitter, you can see some of my insights here.  From the Roundtable, it became very clear that in-house counsel face the same issues around the world – they just develop different solutions or approaches depending on their particular circumstances.

In the midst of change, the world seemed to come to a halt. As the air travel stoppage continued, it became all about making lemonade from lemons. On the one hand, it was very inconvenient to be here in London for an unplanned six days. Yet, I am reminded that this is one of the great cities in the world and that there are much worse places to be stuck.  
 
Everyone I have encountered during this extraordinary situation has had a great attitude.  As the week wore on, you could sense growing frustration. And, great relief when they opened the airports.  Everywhere you go there are people with their disruptive volcano stories – most of the news here in London is filled with stories about travelers trying to return to UK – remarkable efforts such as hiring taxis or cars and driving from Milan, Prague or even Norway to the channel ports. Gordon Brown (UK PM) who is in a tough reelection fight here sent some ships from the Royal Navy to pick up some folks in Spain.  During this period, it has been interesting to watch the news about the UK election campaign and to compare it to the U.S.  They had their first debate ever among the 3 candidates; they have 2 more planned. There is substantial publicity about the rise of the Liberal Democrat candidate at the expense of the Tories and Labor.
 
The time in London gave us the opportunity to meet with members, including Cheryl Solomon, a UK country rep and Dan Fitz, the former ACC chair. We also had the chance to meet with people at ILO, who graciously provided us with computers and office space that made our time here more productive. We also met with vendors and consultants based in London.

I also took some time to enjoy London. On Sunday, I went to the changing of the guard at Buckingham Palace – nobody does pageantry like the British. There was a brief concert as part of the ceremony and the band played a medley from Chicago and “For Once in My Life,” the Stevie Wonder hit, which seemed a bit out of place!
 
Finally, this volcano time-out afforded me the time to reflect on the importance of members and volunteer leaders who contribute to ACC.  In the U.S., it is National Volunteer Week and I am reminded so often that the strength of our association comes from the commitment and contributions our ACC board, committee and chapter leaders and ACC Docket authors make.  

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On this month's NTI Committee call, Mark Sampson, Womble Carlyle Labor & Employment attorney presented the Legal Quickie on the new FMLA regulations.  The overview on how the regulations impact all employers with at least 50 or more employees covered:

• New categories of leave for military caregivers and certain qualified exigencies
• Clarifications of what constitutes a serious health condition
• Substantial modifications to employee and employer notice obligations
• Major adjustments to the medical certification process

With these new regulations also comes an entirely new and/or revised set of notices and forms that employers will be required to use. The regulations contain significant revisions which address numerous issues that have plagued employers and employees alike since the initial regulations were published nearly fifteen years ago.

Share your insights and or questions about the new FMLA regulations here and Mark and others will participate in the dialogue.

To contact Mark Sampson directly email him at msampson@wcsr.com or call him at (336) 574-8095.

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Below is a guest post from the Law Department Management Committee's Program Chair, Richard Bates.

Fellow ACC Law Department Management Members, as you know this is the time of year all ACC committees devote to idea generation for Annual Meeting programs.  Attached are suggestions to date.  However, we need your input for more program topics to consider.  And, our deadline for submission of program topics -- with description -- is January 16, 2009.  Please take some time to comment to this blog post (and please include a brief description) of your program ideas. 

 1.    Confronting Communication Issues in a Diverse Workforce

Without effective communication among its members and between its personnel and others inside and outside the company, a law department will find success in its mission elusive.  To avoid misunderstandings and disparate expectations, we must communicate with our clients and colleagues in a way that takes into account how the audience is receiving our communication.  We may sometimes fail to recognize – or simply misinterpret -- the gender-, culture- or generation-based verbal and nonverbal cues that we transmit and receive during the interaction.  The panel will discuss how as in-house counsel we can increase our emotional intelligence and awareness in this area and be more effective in establishing broader and more productive relationships inside and outside of the organization.  

2.    Ethical Responsibilities of In-House Counsel to the Corporate Client

Most of the ABA Model Rules deal with the private practice of law and the fiduciary duties owed clients.  As in-house counsel, we have just one client: the company, our employer.  This session will revisit the current ethical rules governing the in-house practice of law -- including those rules that apply to both in-house and private practice – and how the application of those rules has of late come under pressure.  From in-house counsel’s ethical role in e-discovery to compliance reporting, this session is a welcome refresher on ethics and the in-house practice of law.
3.    Technology Open Forum/Ask the Experts

Faced with increasing budget constraints, legal departments are looking at technology solutions to help them do more with less.  But how do you find answers to the questions you have about maximizing usage of the systems you already have, or about new systems you may be considering?  This unique session is primarily devoted to Q&A so that attendees can ask their most pressing questions and obtain candid feedback from industry experts.  This panel will help you sort through issues and solutions regarding available technologies -- including integrations between and among systems -- involving matter management, e-billing, contract management, digital signatures, and document management systems.  This session will address prevalent questions collected through ACC listservs, as well as spontaneous questions and comments from the audience.

4.    Inexpensive/Free Applications for Your Law Department

If you are wondering which inexpensive or free technology-related solutions are available for your legal department, this session is for you.  The panel will cover solutions ranging from workflow efficiencies to professional/social collaboration and networking.  This session will also include live on-screen demonstrations and tips on how to customize these solutions to meet your individual and department needs.

5.    Making an Effective Imprint on the Business Side of the Company

As in-house lawyers, we interact with all business units of our employer organization.  Often we are viewed as an obstacle or bottleneck rather than as a facilitator to the business units.  How do we change the perception of in-house counsel within an organization from an obstacle to a valuable contributor to the development and implementation of business decisions?  This program will explore how in-house counsel can add value, and be perceived as adding value, to the departments outside of legal.

6.    Information Management

How can you, as in-house counsel, select and implement effectively an information (A/K/A records) management program?  What are the requirements you will need for your particular department and organization?  How can you make it part of a knowledge (or information) management program that is effective and intuitive?  How can you be proactive in the event of a discovery request?

7.    Challenges Facing In-House Counsel in Our Current Economy

Today’s economic climate heightens the urgency of securing the maximum value for your expenditures.  How should you work you’re your in-house and outside colleagues so as to meet the CEO’s and other management’s value-added expectations?  How can we effectively manage legal costs, both internally and of outside counsel, while building and maintaining a productive and effective legal team with a positive work-life balance?

8.    In-House Counsel Malpractice Insurance Coverage

The role of in-house counsel continues to evolve, from professional employee to trusted advisor for ever-broadening stakeholder segments of the company.  Whether it is necessary to purchase or obtain professional liability insurance becomes an important consideration in taking on these new roles.  The panel will review the types of coverage available and discuss the situations where the attorney-employee is potentially exposed to liability based on the legal services they provided.
 
 

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Last night, the New to In-house Committee was treated to a spectacular event at the Seattle Space Needle. Hosted by Thomson Reuters and Womble Carylye Sandridge & Rice, the NTI members enjoyed a great meal at the base of the Needle, followed by drinks and dessert in the observation tower. As I've mentioned in previous posts, NTI won the Committee of the Year award, which was only enhanced in excellence by Womble's win for Outstanding Committee Sponsor of the Year.

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