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Corporate Counsel Connect collection

December 2013 Edition

Top ten observations from ACC 2013: Turns out it does rain in southern california

Bernadette Bulacan, Director, Market Development, Corporate Counsel; Thomson Reuters

Bernadette M. BulacanA famous song proclaims that "it never rains in Southern California," which was definitely not the case the last week of October as crowds of corporate counsel converged onto the Los Angeles Convention Center for the 2013 Association of Corporate Counsel (ACC) Annual Meeting. The good news was that the light drizzle occurred while the nearly 1,600 attorneys huddled indoors, collecting CLE credits, networking with peers, and learning best practices to bring home to their legal departments. Here are my top ten observations from this year's conference:

  1. Risky business. Regulatory issues were center stage at this year's conference, with an entire track dedicated to compliance and ethics. Corporate counsel shared "from the trenches" insights on creating compliance programs, managing an investigation, and best practices when regulators come knocking on your door.
  2. Most appropriate title for a CLE session for Hollywood? "Lights! Camera! Action! Music & Video Licensing 101" brought to you by the ACC's Sports and Entertainment Committee.
  3. Jet setters. From Canada's Anti-Spam Law to distribution agreements in China to litigation and alternative dispute resolution in Mexico to doing business in the GCC (Gulf Cooperation Council – Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, United Arab Emirates), there was a multitude of CLE sessions to address issues facing legal departments doing business across the globe.
  4. A legal thriller. During an ethics session titled "In-House Lawyers Who Got into Trouble & How You Can Avoid a Similar Fate," attendees focused on a series of case studies involving corporate counsel who got into trouble for (allegedly or actually) violating ethics rules. Spoiler alert: transgression-committing attorneys do not live happily-ever-after disbarment.
  5. "And the Oscar goes to..." The ACC continued to celebrate the transformation of the legal industry by recognizing the 2013 ACC Value Champions. Using value-based fees, strategically allocating work between in-house and outside resources, employing project management and data driven practices, these superstars increased the value they provide to their internal business clients as well as demanded additional value from their law firm service providers. More on the winners can be found online.
  6. It's not what you know, it's who you know. Going to the ACC reminded me that most in-house practitioners are in small legal departments—two to three lawyers, or often, the solo attorney at their organization. Unlike practice in a law firm, there are fewer opportunities to "walk down the hall" to discuss issues and strategies with other legal colleagues. But like all practices, in-house or in private practice, building a network is crucial for a successful career. Nothing rivals the opportunities at the ACC Annual Meeting to not only collect CLE credits, but maybe more importantly, grow and strengthen professional connections.
  7. Inspired by Dirty Harry. Can an employer terminate an employee in retaliation for criticism posted on Twitter? So was the discussion amongst employment law practicing attorneys. In one jurisdiction, an employee posted the following tweet (redacted accordingly): "They are full of... they seem to be staying away from me... fire me... Make. My. Day." The court ruled that this termination was not an act of retaliation; rather, the employer simply (and lawfully) acceded to the employee's stated wishes and fired him.
  8. Coming to a theater (or supermarket) near you. In a session focused on driving change in the legal industry, a vice president and chief counsel at British Telecom stated that he is keeping his eye on the UK's New Legal Services Act, allowing "alternative business structures" to sell legal services from supermarkets in England and Wales. Imagine picking up a gallon of milk, getting a flu shot and obtaining legal advice all in a one-stop shop—talk about convenience!
  9. (Quasi) star struck. What's better than a celebrity sighting in Los Angeles? For numerous corporate counsel, it was multiple sightings and the ability to take your photo with celebrity look-alikes Johnny Depp, J-Lo and Brangelina at the Thomson Reuters booth during the evening receptions. The Thomson Reuters all-star cast included: WestlawNext, Concourse, Serengeti, Practical Law, Pangea3, CLEAR and Investigative Due Diligence Solutions, e-Discovery Solutions, and Transactional Tools and Resources.
  10. That's a wrap! I just unpacked from this year's meeting, but the ACC is already soliciting programming for next year! What will be the hot topic in 2014 for corporate legal departments? We'll be sure to find out when Thomson Reuters and the ACC head to New Orleans in 2014.

About the Author

Drawing from her experiences as a former assistant general counsel and law firm partner, Bernadette M. Bulacan, Esq. is a frequent speaker and author regarding the use of technology in corporate legal departments, collaboration between in-house and outside counsel, and best practices related to legal project management. Bernadette currently leads Thomson Reuters Market Development Group, which is charged with identifying trends and innovations affecting corporate legal departments. Bernadette was a founding employee and Assistant General Counsel of Serengeti. Prior to joining Serengeti/Thomson Reuters, Bernadette was a partner at Graham & Dunn, a Seattle law firm, where she led the firm's Entrepreneur and Emerging Companies practice group. She started her legal career advising start-up technology companies with Venture Law Group, a Silicon Valley law firm. Bernadette received her undergraduate degree from Yale University and her law degree and LL.M (Taxation) from the University of Washington.


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