The Metropolitan Corporate Counsel

EDITORIAL HIGHLIGHTS      JUNE 2012 Issue

Cover: Wayne Mason (invited) President, Lawyers for Civil Justice, will discuss his goals for LCJ during his term, including LCJ’s efforts to reduce the costs of e-discovery and of litigation generally. 

Featured Topics:

Intellectual Property: Discussion of litigation strategies on the basis of infringement, including risk of escalation of infringement claims via counterclaims for unrelated patents (mutually assured destruction). The analyses used to determine whether to pursue a potential infringement claim and/or to use counterclaims as a defensive strategy. IP issues pertaining to apps, social media and political movements such as Germany’s Pirate Party, which seeks to eliminate IP protection for Internet content. Discussion of important judicial decisions and pending cases. What is the current thinking regarding global patent infringement vis-à-vis broader social issues, such as public health?

Compliance Programs: Managing compliance in a dynamic U.S. and global legislative/regulatory environment. Specific topics include PPACA, Dodd-Frank, FCPA, UK Bribery Act, Alien Tort Claims Act, antitrust and export controls; and designing effective compliance programs, including their impact on the company’s public image and employee relations. Proactive and voluntary initiatives that garner confidence with regulatory authorities; encouraging whistleblowers to exhaust internal procedures before going to the SEC; and enforcement issues across the board.

Insurance and Risk Management: Discussion of insurance and risk management issues, including new coverage options, state-of-the-art risk management policies and emerging risks associated with the proliferation of technology and access to information. How has Social Media affected analysis of corporate reputational issues, and what steps can be taken to mitigate this risk? New developments in D&O insurance.

Outsourcing: Outsourcing as a business strategy, within both corporate and legal organizations and the general state of service quality within this industry. Assessing outsourcing services by location, industry, legal specialty or specific project. What is the impact of outsourcing on U.S. and global economies? Service providers discuss preferred technologies, locations, employee training/qualification standards and industry certifications.

Special Section: Controlling Legal Costs: L. Gino Marchetti, Jr., Immediate Past President of LCJ. Themes from LCJ’s Membership Meeting on May 3-4; including federal and state court rules and legislative developments; privacy, discovery and the consequences of litigating in the clouds; the status of Rules Advisory Committee activities; the economic and global impact of litigation costs, including on U.S. job creation and competitiveness and on attracting foreign companies to the U.S.; and benefits of (and election-year issues affecting) Rule reform addressing preservation, cost allocation, discovery and e-discovery.

Special Section: National Association of Corporate Directors (NACD): Cover Peter R. Gleason, Managing Director and Chief Financial Officer for the NACD, a national association devoted exclusively to serving the information and educational needs of corporate directors. Topics to include the NACD’s services and value proposition, the evolution of boards of directors, the role of corporate counsel, performance metrics, compensation issues, risk management and the board’s responsibilities with respect to effective internal compliance programs. Discussion of the importance of NACD’s role in educating directors with respect to their governance responsibilities.

Special Section: Employment Law: Cover: Glenn Spencer, Executive Director, Workforce Freedom Initiative, U.S. Chamber of Commerce. Law firms comment on implications of recent actions of the NLRB, including packing the NLRB through recess appointments and providing for quickie elections.

Special Section: Delaware: Cover: Chief Justice Myron Steele: Discussion of important decisions by the Delaware Supreme Court and issues facing the court. To what extent has federal legislation intruded on issues normally left to state courts? Are Delaware law and Delaware state court decisions still the most influential sources of authority in other states? To what extent does Delaware continue to lead the nation in being the incorporating jurisdiction of choice? What advantages does it offer?  Law firms that appear before Delaware courts, advise with respect to Delaware law or cite Delaware law as the “gold standard” may wish to comment.

Special Section: Midwest Discussion of doing business in the Midwest. Service providers and law firms with offices in the Midwest will discuss their capabilities and benefits to corporate clients. Comments on the area’s economic recovery with a particular emphasis on the role of manufacturing and exports.

Deadlines: Interviews: May 11  •  Articles: May 16  •  Ad Materials: May 20
Coming In July-August COMBINED ISSUE
Social Media / Employee Benefits / Compensation / Crisis Management
Alternative Dispute Resolution / Investigations & Audits
Special Section: Pro Bono
Focus on Pennsylvania and New Jersey
ADR Directory and Roundtable