Archive for December, 2007
American Conference Institute’s 20th Advertising Law Forum
December 11th, 2007
in Advertising & Marketing, Litigation |
Expert legal solutions and strategies for new advertising,
marketing, and media law challenges
• TRACK enforcement trends on social networking and user generated content
• MAXIMIZE sponsorship and endorsement deals
• ENGAGE in the hottest promotional campaigns without getting burned
• PREVENT hefty fines, litigation, and class actions in the direct marketing arena
• LEVERAGE rights and bargaining power when negotiating the agency/client agreement
…ALL THE TOOLS YOU NEED TO ADVISE YOUR CLIENTS ON CREATING EFFECTIVE AND AGGRESSIVE ADVERTISING WHILE AVOIDING LEGAL CHALLENGES IN THE PROCESS.
In light of the FTC’s testimonial guideline revisions, recent text message/sweepstakes litigation, and the CARU guidelines, there are many new
developments driving the advertising and marketing industry. Your clients are depending on you to stay on top of it all.
New media trends are pushing regulators and lawmakers to devise new ways to protect consumers, particularly children, and it is your responsibility to follow their lead and counsel your clients on issues such as ensuring information security, advertising on social networking sites, and substantiating claims.
American Conference Institute has gone to great lengths to uncover the nuances in the laws and the latest enforcement trends. We dedicate months of research to uncover exactly what you need to know to stay on top of the most important issues your industry faces. This year’s conference promises to be refreshingly different, with new speakers, new companies, and will offer a real hands on approach to the topics you face daily. Specific highlights include:
✓ Avoiding third-party liability on social networking and user-generated content sites
✓ Preventing fines, litigation, and class action in the direct marketing arena
✓ Engaging in the latest online sweepstakes methods without getting burned
✓ Recent FTC enforcement trends and NAD challenges
✓ Maximizing bargaining power when negotiating the agency/client agreement
✓ Avoiding regulatory scrutiny when advertising/marketing to children
Tags: Advertising, CARU, FTC, Legal conferences, Litigation, Litigation strategies
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MERGERS AND ACQUISITIONS IN CHINA
December 10th, 2007
in Anti-Corruption / FCPA, International Trade & Defense |
Minimizing legal, regulatory and business risks when doing business in the world’s largest market.
December 10 & 11, 2007 The Westin Times Square – New York, NY
Gain expert insight on how to:
• Protect your ownership rights under China’s new real property law
• Structure your investment to minimize the effect of the January 2008 Chinese income tax regulations
• Comply with China’s newly implemented Labor Contract Law
and Environmental Impact Assessment Law
• Prevent violations of the FCPA and Chinese anti-bribery laws
• Protect and enforce your IP rights when doing business in China
• Learn what private equity firms see as untapped avenues
of growth for foreign investors
Exclusive Interactive Workshops – December 12, 2007
A Fundamentals of Employment & Labor Laws in China:
Practical Guide for US Executives
B Master Class on China’s System of Taxation
LEARN HOW TO MINIMIZE LEGAL AND BUSINESS RISKS OF INVESTING IN CHINA
While the benefits of investing in China can be great, so are the risks. Many US
businesses that have ventured into China have been astounded by the variety of
challenges they faced including investment restrictions, regulatory uncertainty
and more. And, with the rising sense of protectionism in China, foreign companies must be smarter than ever about their investment decisions in the
PRC. The newly enacted income tax laws as well as the labor laws and the rise
of unionism will all undoubtedly have an effect on foreign investors.
For this critically acclaimed 3rd National Symposium on Mergers and Acquisitions in China, American Conference Institute has assembled an
exceptional faculty of top business and legal minds who will provide you with an
intensive, up-to-the-minute review of the most complex issues that arise in
acquiring interest in China, including:
• Structuring your investment to minimize the effect of the new tax laws
• How the rising Chinese market has affected the valuation of its companies
• Dealing with conflicts between local, provincial and national government authorities in China
• Key elements to consider when penetrating the Chinese market
• Litigating in China: navigating the legal and bureaucratic hurdles
• Overcoming the lack of transparency with books and records when conducting due diligence on your Chinese target
An additional highlight of this program is the panel of corporate executives who will answer your most pertinent questions about how to get things done in China. Benefit from their experience and learn how to avoid common – and not so common – mistakes foreign companies make in China.
Tags: Acquistions, Anti-Bribery, China, FCPA, Law, Legal conferences, Mergers, PRC
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ACI’s 6TH MANAGING LEGAL RISKS AND AVOIDING CONFLICTS OF INTEREST IN MEDICAL AFFAIRS
December 6th, 2007
in Pharmaceuticals / Biotech / Life Sciences, Regulatory & Compliance |
Leading in-house counsel, expert attorneys, senior medical affairs executives
and compliance officers will share insights on:
• MAINTAINING transparency during the grants process
• UNDERSTANDING how the final provisions of the proposed FDA Revitalization Act will impact Medical Affairs
• SPECIFYING the role of Medical Affairs at the pre- and post-marketing clinical stages
• MANAGING risk and avoiding liability based on scientific communications
• COMPLYING with legal and regulatory constraints when distributing medical
and product information
• DETERMINING when it is proper for physicians to act as consultants
• DEFINING appropriate roles and boundaries between medical affairs and sales and marketing
• ESTABLISHING good pharmacovigilance practices – in the US and abroad
• CLARIFYING the range of permissible field-based dissemination of information by MSLs
FDA authority to regulate the drug industry is evolving…it’s time to review your
Medical Affairs department’s practices and procedures to make sure you’re ready
for the next wave of regulatory oversight and government enforcement.
Increased media scrutiny, pending legislation, and a general lack of public confidence in the ability of the FDA to regulate the pharmaceutical industry have made it more important for you to monitor the actions of your Medical Affairs department. What is the proper role of your company’s Medical Affairs department and how should it be defined?
To what extent is your Medical Affairs department putting your company at risk?
Recent focus on educational grants, physician-industry relationships, and increased pressure on drug companies to more closely evaluate drug safety and efficacy places the Medical Affairs function at the heart of discourse on how you should be reforming policies and procedures. As the link between the Clinical and Scientific departments and Sales and Marketing, it is imperative that transparency is maintained in all business practices. Communications between these departments must constantly be monitored and checked for compliance. As tighter policing of drug makers takes hold, you must be prepared to pull back the veil on your Medical Affairs department’s activities in order to prove compliance.
To aid you in performing this task, the American Conference Institute brings you this sixth installment of Managing Legal Risks and Avoiding Conflicts of Interest in Medical Affairs. This conference will provide you with thoughtful and targeted commentary and in-depth analysis from an outstanding faculty of in-house pharmaceutical counsel, medical affairs specialists and compliance officers as well as expert attorneys. Topics to be discussed include:
• Analyzing conflict of interest concerns that arise when giving independent and unrestricted grants
• Revising your pharmacovigilance practices and procedures in light of the FDA Revitalization Act
• Specifying clear boundaries for promotional scientific exchange between Medical Affairs and Sales and Marketing
• Incorporating a compliance structure into the Medical Affairs function that includes monitoring and auditing metrics
• Establishing an efficient procedure for monitoring market performance, side effects, and product safety
• Setting qualifications for MSLs and identifying what they can and cannot do
Tags: FDA, Legal conferences, Marketing, Medical Affairs, MSLs, Pharma, Sales
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American Conference Institute’s 401(k) Compliance
December 4th, 2007
in Employment & Benefits, Litigation |
Proactive Strategies for Preventing
Litigation and Regulatory Deficiencies
Valuable guidance from pension plan experts:
• Ensuring reasonable fees and expenses
• Minimizing exposure to stock drop claims
• Complying with Pension Protection Act requirements
• Preparing for a DOL audit of your 401(k) plan
• Meeting your fiduciary liability insurance needs
• Administering automatic enrollment and choosing default funds
• Planning and conducting a self-audit of your 401(k) plan
• Monitoring your investment consultants to avoid conflicts of interest
• Establishing a system of best practices that meets appropriate ethical standards
Do your 401(k) plans meet all
applicable ERISA requirements?
Learn how to protect your company from costly litigation by
implementing the most effective policies and procedures.
In recent years, there has been a tremendous increase in defined contribution plan litigation asserting a breach of fiduciary duty. Companies are facing a growing number of claims and millions of dollars in potential liability. Plan fiduciaries, sponsors, vendors, advisors and insurers of 401(k) plans are all facing increased litigation risk.
American Conference Institute’s 401(k) Compliance event will provide you with practical strategies for handling complex 401(k)-related issues to prevent costly litigation and regulatory challenges. Whether you represent employers, benefit plans, trustees, fiduciaries, administrators, insurers, advisers or plaintiffs, you are sure to benefit from our expert faculty’s insights. We’ve assembled some of the most successful ERISA specialists in the country, who will provide guidance on how to successfully steer clear of trouble in this high-stakes arena.
Take this opportunity to get answers to your most pressing questions and to get the tools you need to untangle the myriad of issues raised by recent case law and prepare for what is on the horizon. All attendees will also benefit from the comprehensive written materials prepared especially for this event, which will provide a useful reference source after the conference has ended.
Tags: 401(K), DOL, ERISA, Legal conferences, Litigation strategies
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RETAINING & DEVELOPING WOMEN LAWYERS
December 4th, 2007
in Law Firm Management |
Implementing Effective Women’s Initiatives to Cultivate Talent,
Prevent Attrition, and Boost your Firm’s Competitive Advantage
FEATURING SOUND ADVICE AND BEST PRACTICES FOR PRESSING
HOT TOPICS INCLUDING:
• IMPLEMENTING women’s initiatives that deliver tangible results
• LEADERSHIP STRATEGIES that go beyond making partner
• FACILITATING a successful business development program for women lawyers
• ACHIEVING an effective, structured mentoring program
• CREATING win-win flexible work arrangements
• PROMOTING your firm as a great place for women lawyers to work
Women account for 49% of the law school population, but that ratio starts to decline as they enter the workforce. 44.1% of law firm associates are women, yet only 17.3% make it to partner, and only 5% of managing partners at large law firms are women.
Too many women lawyers are leaving firms, particularly within the first few years of practice. As you and your firm strive to retain the workforce you have invested so heavily in, what can you do to increase the number of female attorneys in the partnership ranks?
The cost to a firm from the loss of female attorneys is huge. A lack of senior
women harms recruiting efforts, incurs huge training and recruiting costs to
replace those that leave, and can even cause a firm to lose potential and existing clients. Instituting a gender diversity program to address the brain drain is theoretically simple, yet coming up with a framework and specific procedures
to retain female attorneys can be extremely challenging.
Unlike other conferences on this topic ACI’s Retaining and Developing Women
Lawyers conference focuses on on key strategies and best practices that will enable you to implement effective women’s initiatives that will result in developing your existing talent to boost your firm’s competitive advantage. With a speaker faculty comprised of industry thought-leaders, the interactive agenda offers nothing but concrete strategies and solutions that facilitate the retention and advancement of your female attorneys.
Attending this event will enable you to:
• Launch a retention and advancement strategy
• Structure mentoring, assignment and professional development programs
• Implement business development strategies for women attorneys
• Be able to work with your clients to further gender diversity within your firm
• Market your firm as one that is leading the way in gender diversity
This is your chance to meet and mingle with successful women rainmakers such
as Deborah Rhode from Stanford Law School, Joan Williams from Hastings Law
School and Kerry Francis from Deloitte Financial Advisory Services.
Tags: Diversity, Law Firm Management, Legal conferences, Retention, Woman
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