Archive for October, 2007
« Older EntriesLaw Firm Associate Retention and Professional Development
October 30th, 2007
in Law Firm Management |
Strategies for Successfully Cultivating Your Firm’s Future Leaders
GAIN CRITICAL KNOWLEDGE AND STRATEGIES TO:
• OVERCOME the unique challenges of retaining “Millennial Generation” associates
• DEVISE an effective career development planning program that covers all associates
• IMPLEMENT work-life balance programs that benefit the firm and associates without sacrificing clients’ needs
• MAXIMIZE the effectiveness of your training programs—and your attorneys’ impact on the firm’s bottom line
How long can you hold on to your associates? And how do you keep your talent pool from leaving? If you’re firm is like many, these questions become more and more pressing every day. Attrition rates at law firms are at an all-time high. In the past, associates typically stayed six or seven years before leaving the firm but that is no longer the case. According to a 2005 NALP study, 62% of associates leave their firm by the end of their fourth year of practice—that’s well before they’ve started generating significant revenue for the firm and well before you’ve amortized the money you’ve spent to train and recruit them. Even worse,
when talented associates leave, this directly impacts your firm’s future. These lost associates could be the future rainmakers and leaders of your firm.
How can you solve these retention problems? Tried-and-true solutions, like raising salaries, no longer work. Recent law school graduates now demand more—they want challenging work and work/life balance in addition to a high salary…
The key to improving attorney retention is learning how to give associates what they need while still preserving your firm’s business model, satisfying your clients, and maintaining profitability standards.
American Conference Institute’s Forum on Associate Retention and Professional Development will help you devise strategies and workable programs to improve associate retention in your firm. Our faculty—comprised of professional development directors, top consultants, and partners from leading law firms—will lead a frank and detailed discussion of the tactics your firm needs to employ to retain and develop the brightest and the best associates. Topics to
be covered include:
• Creating work-life balance programs that accommodates all attorneys without inconveniencing clients
• Reevaluating your existing mentoring programs—to make sure your firm and associates get the most out of it
• Enhancing your existing training programs to give associates the skills they need to succeed
• Developing a strong firm culture—so that associates feel the firm is invested in their future
Tags: Attorny Retention, Attrition, Law Firm, Legal conferences, NALP
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American Conference Institute presents Biotech and Pharma Public Private Partnerships
October 25th, 2007
in Pharmaceuticals / Biotech / Life Sciences |
A National Forum on Fostering Innovation Through Strategic Industry/University/Government Alliances
Maximize your competitive edge in R&D acceleration by attending the ultimate myth-dispelling collaborative event on bridging the gap between innovation and commercialization, including how to:
✓ VALUE early-stage IP in industry/research institution deals
✓ MANAGE critical IP commercialization issues in industry/academia collaborations
✓ SOLVE key problems in license deals with research institutions and the government
✓ INCORPORATE government R&D collaborations into your partnership strategy
✓ ASSESS the state of and use of government-funded IP on translational research
✓ INCREASE the sophistication level of deals between industry and foundations
✓ EXAMINE new funding alternatives for biopharmaceutical R&D
✓ RECOGNIZE and RESOLVE individual and institutional conflicts of interest
Plus, hear faculty from National Institutes of Health:
• Office of Technology Transfer
• National Institute of Allergy and Infectious Diseases
• Office of Extramural Programs
• National Human Genome Research Institute
• Office of Science Policy
• National Institute of Diabetes and Digestive and Kidney Diseases
Distinguished Co-Chairs:
Kathleen Sybert, Ph.D., Esq.
Clinical Technology Transfer
Group, P.L.L.C.
Veleka R. Peeples-Dyer
Womble Carlyle Sandridge
& Rice, PLLC
Dispel the myths. Get the critical information that you need to bridge the innovation gap.
With the time and costs involved in drug discovery and development, it is vital that licensing and sponsored research deals appropriately balance contributions and rewards and recognize and utilize the strengths of collaborating parties. This is especially true as the biotech and pharmaceutical industries, driving R&D at an accelerating pace, look more and more to collaborate with the government and institutional researchers for a competitive edge. However, there is a distinct culture clash between industry and academia/government that leads to wheel-spinning, which prevents agreements from being reached and important
innovations from being noticed, and ultimately leads to pipeline stagnation, diminished efficiency and profitability, and competitive disadvantage.
Determining which party owns the IP in an industry-research institution deal is a persistent issue confronting these collaborations. Moreover, Bayh-Dole restrictions, which are difficult and expensive to accommodate, cause their own separate concerns about the clarity of IP positions. Government contracts can be bureaucratic and inflexible, and governmentfunded and university initiatives often require data sharing and publication. This is in stark contrast to companies’ vested interest in keeping their development work confidential.
Institutions largely vary in their respective policies for requiring assignments of inventions and for licensing technologies. And industry remains unclear about NIH guidelines and federal tech transfer statutes, the academic/government processes for negotiation of collaborations, and the constraints and discretion of academic/government negotiators.
It is critical that you gain awareness of the prevailing culture on the other side so that a common language can be found. ACI’s forum on Biotech and Pharma Public-Private Partnerships offers the Rosetta Stone in finding this common language. The conference brings together a distinguished faculty of leading experts from big pharma, small biotech, NIH and other government agencies, and research institutions. They will provide an intensive and thorough framework for overcoming the critical issues that arise in bridging the innovation gap between industry and academia/government.
Gain the competitive edge in R&D acceleration by attending this one-of-akind
forum on solving the collaborative and funding dilemmas that diminish
efficiency and profitability.
Tags: IP, Legal conferences, Pharma, R&D
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ACI’s 3rd National Annual Conference on Financial Services Marketing Compliance
October 25th, 2007
in Advertising & Marketing, Financial Services |
Marketing experts, government regulators & financial institution executives
will provide insights on how to:
> Negotiate effective co-branding and affiliate partnerships
> Ensure compliance with anticipated Reg Z disclosures
> Manage marketing solicitations to achieve effective results
> Implement appropriate gift card fees and terms post Darden
> Assess the impact of emerging privacy and security legislative initiatives on sharing and marketing personal information
> Ensure marketing abides by state based suitability requirements
> Define and allocate roles and responsibilities to ensure effective marketing compliance
Can You Afford the Risk of Non-Compliance?
With the changing regulatory environment you face as a financial services marketing professional it’s no wonder marketing financial products and services have to be carefully deliberated and executed.
Anticipating privacy and security restrictions, new creditor and sales practices and increased disclosure requirements, financial services marketing professionals must understand how to comply with the new regulations in store for 2007 and beyond.
Join ACI’s Financial Services Marketing Compliance event’s outstanding faculty of legal, compliance and marketing executives and gain practical guidance on how to:
> Ensure compliance with solicitation and disclosure regulations
> Comply with information sharing and privacy restrictions
> Effectively structure your marketing compliance teams
> Understand new state and federal law regulations and developments
> Structure and negotiate affiliate marketing and co-brand partnerships
In addition, we offer two interactive workshops to customize your conference experience. Consumer Protection Laws for Financial Institutions before the main event to bring those new to the area up to speed; and solicitation Strategies to Broaden your Marketing Pool for those looking for additional insight on applying the new rules and regulations to a marketing plan. This is a unique opportunity that you won’t want to miss.
Tags: Financial Services, Legal conferences, Marketing Compliance, Reg Z
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Intellectual Property in Advertising & Marketing
October 24th, 2007
in Advertising & Marketing, Intellectual Property |
A successful advertising practice begins with a solid understanding of intellectual property – and how to keep it from getting misappropriated.
This series of panels will focus on specific components of IP law
as it relates to your industry. The dedicated faculty will help you achieve a greater level of mastery in copyrights, trademarks, and licensing, taking into consideration that the advertising community is shifting towards new creative formats.
Defining Appropriate Uses of Competitors’ Trademarks in Advertising
Allison McDade
Counsel, Trademarks & Copyrights
Dell Inc.
(Round Rock, TX)
• Does keyword advertising constitute a fair use?
• How “tasters” make money and how to catch them
• Special issues with keyword searches and bidding on keywords
- preventing competitors from bidding on a trademark owner’s mark
• Using different search engine’s policies to your advantage
Determining Where the “Right of Publicity” Begins and Ends
William Jelinek
Associate Counsel
The Estee Lauder Companies Inc.
(New York, NY) (invited)
• When you need permission to use a likeness in advertising
• Is the right expanded to include persona?
• Anticipating right of publicity claims against content providers
- films
- video games
- television shows
• Applying a right of publicity analysis to:
- personal websites
- blogs
- consumer generated content
- advergames
Tags: Advertising, Intellectual Property, Keywords, Law, Legal conferences, Trademark
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American Conference Institute’s National Forum on GOVERNMENT CONTRACTS LITIGATION & INVESTIGATIONS
October 23rd, 2007
in Litigation, Regulatory & Compliance |
Senior government officials, prominent in-house counsel, and experienced
private practitioners will share their expertise on:
• Responding to congressional and executive branch investigations
• New grounds for False Claims Act violations being advanced by the government
– and how to prevent being a target
• Protecting against OCIs and other procurement integrity violations
• Advanced strategies for winning bid protests
• Emerging legislative issues that will affect federal contractors
• Handling the fallout of an investigation when wrongdoing is found
• Prevailing in disputes that may arise between contractors
With changes in the federal government, new state False Claims Act statutes and
increased media attention, government contractors are more likely than ever to
face intense scrutiny from multiple fronts.
Entering into litigation with the federal government is one of the most difficult
ordeals a company will undergo. As the government steps up its enforcement of
False Claims Act, states enact new FCA legislation‘, and procurement integrity
violations increase, companies are finding themselves facing grueling audits and
investigations and potentially severe administrative, civil and even criminal actions.
In this National Forum on Government Contracts Litigation & Investigations,
American Conference Institute will provide you with the proven strategies
for minimizing the impact and liability risks from government actions.
Experienced private practitioners and leading in-house counsel from top companies, including General Electric, Lockheed Martin, United Technologies, Verizon Business, Computer Sciences Corp., EDS Federal, Oracle USA, Alion Science Technology, DynCorp International and ECC will provide in-depth advice on:
• Reducing the chances of formal charges during a government investigation
• Winning strategies for arguing bid protests
• Defending your use of alliance agreements against allegations of kickbacks
and FCA violations
• Working with auditors to prevent a full-fledged investigation
• Handling the PR aspects of an investigation
• Understanding what recent qui tam decisions mean for you
• Avoiding suspension and debarment when wrongdoing is uncovered during
an investigation
Tags: FCA, Flase Claims Act, Legal conferences, Litigation strategies
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Legal and Financial Strategies for Structuring and Investing in Medical Office Building &Healthcare Facility Projects
October 18th, 2007
in Pharmaceuticals / Biotech / Life Sciences |
Partnering for Success • Profiting from Growth • Controlling Risks
New trends in the fast-growing healthcare industry are making medical office
buildings a lucrative investment. Expert advisors for leading medical institutions, healthcare REITs and real estate developers will show you how to:
• CREATE winning partnerships between healthcare providers and developers
to gain access to the growing earning opportunities presented by new
ambulatory surgery centers, specialty ancillary centers, and specialty hospitals
• ENSURE your transactions do not violate anti-fraud and self-referral statutes
• GUARD against pre-existing liabilities when acquiring properties in the
booming sales market for medical office buildings
• SECURE the most attractive financing
• PROTECT investors against interruptions to rental income and other risks
“THE RACE FOR SPACE: A MEDICAL OFFICE BUILDING BOOM”
– American Medical News, February 26, 2007
About 13 million square feet of medical office space is expected to be built in 2007 (according to Marcus & Millichap, a national real estate brokerage firm that has been tracking this area). With many hospitals also expanding, medical office construction is one of the country’s hottest growth industries. In high-growth areas such as Texas, which has gained 239,000 jobs since May of
last year, demographic and economic factors are spurring new activity and dramatically decreasing medical office vacancy rates. And the healthcare sector will continue to grow as the aging Baby Boomer generation fuels the increasing demand for expanded health care services. Many developers and investors – including high-performing REITs – are thus putting their money in
medical facilities. And they are finding that healthcare institutions and physicians are very interested in partnering with them in new ventures.
As healthcare real estate gains attention it becomes more critical than ever that the players – those responsible for key real estate decisions for hospitals and health care groups, real estate investors, and developers/owners – understand the unique and complex issues that arise when buying, selling, developing, or leasing healthcare property. The financial risks are substantial – the build-outs are expensive, and many federal and state statutes impact these real estate transactions. Plus the unique concerns of owners, healthcare institutions and medical practitioners make for complex lease negotiations.
ACI has developed its Forum on Legal and Financial Strategies for Structuring and Investing in Medical Office Building and Healthcare Facility Projects to specifically address the unique problems that surface in these transactions. This event will offer a practical discussion of real-world issues that arise in healthcare real estate development and offer winning and workable strategies to resolve these issues.
Our faculty, consisting of leading experts and advisors for major healthcare systems as well as for property developers and owners, will offer key negotiating advice and detailed knowledge to help you better handle various types of transactions. They will guide you through:
• Structuring successful partnerships between healthcare institutions, physicians, and developers
• Forming entities to avoid risks under the Stark Law and the False Claims Act
• Assessing the risks in buying existing healthcare facilities
• Selecting the right financing options
• Negotiating medical office leases and tenant improvement allowances
• Obtaining land use approvals and complying with regulatory requirements
Tags: Healthcare, Legal conferences, Liability, Medical, REIT, Risk
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2nd International Forum on CHINA TRADE COMPLIANCE
October 16th, 2007
in International Trade & Defense, Regulatory & Compliance |
Get “must-have”, practical insights on how to:
• Implement an ICP for exports and re-exports to China
• Screen your customers in China: how to meet VEUrequirements and identify military end-uses
• Reduce import/export cycle time and adapt to port of entry differences
• Avoid costly mistakes of repairs and returns
• Optimize bonded operations process
• Mitigate increased VAT leakage costs on export goods
• Assess trade capability of your suppliers and vendors in China
• Address import/export issues directly with Chinese government officials
• Manage the global trade compliance function in China
• Comply with new Chinese Encryption regulations
• Overcome FICE operational challenges
Can your company afford border delays and being the target of an enforcement action?
As US exports to China continue to increase, US companies willing to succeed in the People’s Republic of China must master unique and complex export, customs and tax regulations.
Keeping track of recent changes in China’s import and export laws is complex,
and local administrative bodies and regional customs offices have a lot of leeway
interpreting the law. At home, the US government is aggressively enforcing export controls (almost a third of OEE enforcement matters involve exports to China) and is imposing new export controls and licensing requirements on high-tech goods ranging from aircraft to space communication systems that could be used by China’s rapidly expanding military. The new “China Trade Rule”, which took effect June 19, also creates a “trusted customer” program that will allow approved companies in China to import certain high-tech goods without having to get an individual license.
For this one of a kind 2nd National Forum on “China Trade Compliance”, the
American Conference Institute has assembled once again an international faculty of import/export compliance professionals, attorneys and senior government officials. Hear corporate perspectives on how to comply with the new China Rule and Chinese Customs requirements and learn how to implement a China trade compliance program to minimize customs delays and ensure compliance with US and Chinese laws. Highlights from the program will include:
• Impact of the new China Rule: Validated End User concept and impact of “military end use” controls
• What due diligence should the US company undertake to make sure it is dealing with a legitimate buyer in China
• Developing a local written compliance program, covering both China’s customs and US export requirements
• Overcoming challenges associated with product related governmental restrictions and importer restrictions
• Choosing between “free trade zones”, “export processing zones”, “logistics zones” , “bonded logistics parks”
• What channels are most effective when dealing with Chinese officials?
• Latest changes to China’s export VAT refund rates and how they impact supply chain and manufacturing tax structures
Tags: China, Compliance, Export, FICE, ICP, Import, Legal conferences, Trade, VEW requirements
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AMERICAN CONFERENCE INSTITUTE’S THE PRACTICAL & TACTICAL ART OF THE DEAL IN SOFTWARE LICENSING AGREEMENTS
October 16th, 2007
in Telecoms & Technology |
Negotiating and drafting sophisticated agreements that achieve business and technical goals
Software Licensing Attorneys and Contract Professionals will leave having honed their license drafting and negotiation skills in:
• Eliminating AMBIGUITY and minimizing RISK in key contract provisions
• Establishing a timeline upfront for CUSTOM-MADE and MODIFIED software license terms
• REVERSE ENGINEERING your contract prior to agreement to ensure it is litigation ready
• Distinguishing DELIVERY, LICENSING and PRICING models to determine which model works best for your client
• ADDRESSING OPEN SOURCE and its effect on the proprietary use of the software product
• Maneuvering in the GLOBAL SOFTWARE MARKET while maintaining control and avoiding common contract pitfalls
Back again in its 13th installment, the American Conference Institute is proud to bring you Software Licensing Agreements in the third week of October in San Francisco. Offering a revised and updated agenda that will delve into the specific terms of the license agreement that trouble you most, this conference will provide up-to-date, practical strategies on how to draft and negotiate terms
that will minimize risk as well as maximize rights and profit.
Experiencing an overall slowdown in subscriptions, a renewed focus on software compliance and electronic enforcement, and a movement to change software licensing and pricing models, attorneys and technology licensing professionals, on both sides, must revise their negotiation strategy in order to find a common
ground that will also allow them to achieve their business and technical goals.
With increased strain on corporate budgets, your ability to obtain the most beneficial contract terms on behalf of your client is of the utmost importance. Determining where the separation lies between the use of open source code and the development of a proprietary product, negotiating to obtain fair and appropriate warranties, limitations of liability and indemnification, considering special privacy and data security protection concerns, and agreeing to terms that will address performance standards, service agreements and custom made or modified software are all vital issues that need to be addressed during the negotiation of the software license agreement.
Each session will be followed by a brief Q&A discussion in a mock negotiation format, which will evaluate the points discussed in the topic just presented as you follow along in your own sample software license agreement. We have also brought back our highly-successful focused master class sessions, geared specifically towards the most contentious issues you face during the negotiation process:
Software Licensing Boot Camp: Basic Training for the Non-Lawyer Contract Professional, will provide you with an A-to-Z overview of the software licensing process, augmenting your practical knowledge with a “Software 101” approach. Led by a faculty of senior contract managers and attorneys, this licensing primer will provide you with the behind-the-scenes details of the business, technical, and legal aspects of the software license agreement.
For those who would like to attend a more advanced session on the nuts and bolts of how to navigate the license agreement itself, The Master Class on Negotiating, Drafting, and Streamlining Your Software Licenses provides a hands-on, interactive seminar led a by a team of experienced attorneys and software licensing experts who will walk you through various factual scenarios
designed to present real world issues and drafting challenges commonly encountered during licensing negotiations.
For those who would like to attend a more advanced session on the nuts and bolts of how to navigate the license agreement itself, The Master Class on Negotiating, Drafting, and Streamlining Your Software Licenses provides a hands-on, interactive seminar led a by a team of experienced attorneys and software licensing experts who will walk you through various factual scenarios
designed to present real world issues and drafting challenges commonly encountered during licensing negotiations.
Tags: Data Security, Legal, Legal conferences, Negotiations, Open Source, Software Licensing, Technology
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Defending FRAUD CLAIMS in CONSUMER CLASS ACTIONS
October 15th, 2007
in Financial Services, Litigation |
Advanced strategies for cost-effective and expeditious resolution of class actions
arising from claims of misrepresentations and unfair or deceptive practices
Leading consumer products defense counsel and in-house litigators will provide you with the most up-to-date and effective strategies for:
• LIMITING damages in the wake of multi-million dollar settlements
• CONQUERING class certification
• Early DISMISSAL of consumer protection class actions in light of Prohias v. Pfizer, Inc.
• DEFEATING the case on the merits
• IDENTIFYING the government’s priorities in prosecuting false advertising or deceptive practices cases
• MINIMIZING the impact of adverse publicity during high-profile, high stakes consumer product litigation
• DEVISING a settlement strategy which will minimize future risk and liability
Government and industry insights from:
The Honorable Lloyd D. George
United States District Court Judge
District of Nevada
The Honorable Elliott Maynard
West Virginia Supreme Court of Appeals
Thomas A. Cohn
Acting Regional Director,
Northeast Region
Federal Trade Commission
Brian Christensen
AVP/Corporate Counsel – Litigation,
Legal Systems & Records Policy
H&R Block
John Mulderig
Associate General Counsel
Altria Corporate Services, Inc.
J.L. Novak
Assistant General Counsel
AOL LLC
Mitigate the Enormous Financial Risks Associated with Consumer Product
Fraud Class Actions. Don’t become the next company to lose millions.
Consumer protection statutes arm consumers and the plaintiff ’s bar with a powerful weapon for suing consumer products manufacturers, retailers, wholesalers, and service providers. Not only can plaintiffs recover actual damages, but many state consumer protection statutes allow for treble damages in addition to an award of attorney’s fees. Recent examples of the financial burden incurred as a result of these lawsuits include a financial company which settled consumer protection cases for $215 million and an online payment
company which agreed to pay $5.2 million to settle deceptive practices claims.
Defending against claims brought under state consumer protection statutes is no small task – you must manage public media attacks while developing creative arguments to combat the case on the merits. You must also mine discovery to your client’s advantage and develop a settlement strategy that will minimize risk and foreclose future liability.
Minimize the risk of class actions and prevent devastating losses
Because these types of “economic injury” cases are easier to certify as class actions, defense counsel needs specific strategies to defend consumer fraud allegations. ACI’s Defending Consumer Product Fraud Class Actions is the only conference to recognize the unique and daunting task of defending cases brought pursuant to consumer protection statutes. This conference has been specifically designed to provide consumer products manufacturers, retailers, wholesalers, and service providers with the best strategies for early disposition of
cases, tips for defeating broad claims, and tactics for managing parallel civil and government proceedings. This conference will enable you to prepare for your next consumer product claim with winning results.
Tags: Consumer Class Actions, Fraud, Legal conferences, Litigation strategies
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