Archive for March, 2008
ISDA® Master Agreements & Confirmations
March 31st, 2008
in Anti-Corruption / FCPA, Employment & Benefits |
Get specialized, practical strategies for:
• Evaluating whether to use the 1992 versus 2002 ISDA® Master Agreement
• Utilizing collateral to manage market and counterparty risk
• Representing or facing hedge fund or asset manager counterparties
• Strategically using PAUG dealer forms for CDS on CDO/MBS
• Factors to consider when using ISDA® agreements for rated transactions
• Effectively using Master Confirmation Agreements
• Interpreting market disruption and fallbacks under the 2005 ISDA® Commodity Definitions
In response to market demand, American Conference Institute’s Negotiating and Tailoring ISDA® Master Agreements & Confirmations is back for its 5th Annual iteration. Offering a revised and updated agenda that will delve into the most challenging and heavily negotiated terms of the Agreement, this event will provide up-to-date practical strategies for negotiating terms that will minimize risks while maximizing potential profit. As a result of the subprime shakeout, the turbulent market has created new opportunities for structuring innovative derivative financial instruments. Whether you are involved in foreign exchange, credit, equity or commodity derivatives having a fundamental understanding of the ISDA® Master Agreement is critical to ensure that you are adequately protecting your firm when trading these financial instruments.
By attending ACI’s 5th Annual Conference on Negotiating and Tailoring ISDA®Master Agreements and Confirmations you will gain a thorough understanding of how to approach and overcome the current challenges surrounding the use of the Master Agreements.
Our distinguished faculty of industry professionals who will guide you through:
• Negotiating confirmations with the 2002 equity derivatives definitions
• Knowing how and when to use the English law and New York law CSA
• Respecting confidentiality concerns when representing or facing hedge fund counterparties
• Effectively using and incorporating the 2005 ISDA® commodity definitions for new and existing transactions
• Identifying new products and developments in the marketplace
In addition, we are offering two in-depth, interactive workshops. Introduction to ISDA® Master Agreements and Credit Support Annex will give a firm grounding that will allow you to take full advantage of the main conference and Compliance Strategies for Maintaining Derivative Documentation will provide necessary insight for the current challenges presented to effectively manage and maintain documents.
Tags: American Conference Institute, Legal conferences, Master confirmation agreements
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REDUCING LEGAL COSTS
March 31st, 2008
in Law Firm Management, Litigation |
• Overcoming outside counsel’s resistance to alternative fee arrangements
• Advanced techniques for forecasting budgetary costs and strategies for sticking to your plan
• Reducing outside counsel bills while maintaining quality of service
• Innovative approaches for controlling e-discovery and production costs
• Maximizing savings from offshored functions
With 90% of US companies engaged in litigation at any given time, it is hardly surprising that legal budgets are continuing to rise. And, with law firms increasing their billable rates to record levels, companies’ bottom lines are being hit harder each year. As budgets tighten in the current economy, the pressure to reduce costs will rise, making it imperative that you take a hard look at implementing alternative fee arrangements outsourcing and offshoring of legal services and technological tools.
To facilitate this analysis, American Conference Institute’s one-of-a-kind conference will give you the insider’s view on how to achieve true and significant cost reduction in your legal department. We have gathered senior corporate counsel responsible for cost reduction success stories from Agfa, Capital One, Citigroup, C.R. Bard, Inc., E.I. du Pont de Nemours & Co., FMC Technologies, InBev USA, Ingersoll- Rand Company, JP Morgan Chase & Co., Marsh & McLennan, New Century Mortgage, Northrop Grumman, Pioneer Hi-Bred International, Pfizer, Sunoco, and Tyco International to guide you through:
• Factors to consider when selecting alternative fee arrangements
• Upgrading your RFP process to promote savings
• Areas to cut when your legal budget is too high
• Implementing companywide policies to reduce electronic discovery costs
• Effectively dealing with outside counsel when billing disputes arise
Plus, add value to your attendance by taking advantage of our interactive workshops on “Using Predictive Modeling to Determine Litigation Outcomes” and “Negotiating, Structuring and Monitoring Offshore Legal Services.”
Tags: American Conference Institute, Legal conferences, Litigation strategies
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FDA BOOT CAMP Basic Training for Products Liability and Patent Lawyers
March 31st, 2008
in Law Firm Management, Litigation, Pharmaceuticals / Biotech / Life Sciences |
The FDA Amendments Act of 2007 (FDAAA) is one of the most comprehensive
revisions of the FFDCA in decades. Preeminent members of the nation’s Food and Drug bar will drill you in the basics of FDA law and regulation— and the nuances of FDAAA – as they help you:
• MASTER the basics of the application and approval processes for drugs, biologics, and devices
• COMPREHEND the structure of the FDA and the roles of the three major agency centers: CDER, CBER, and CDRH
• DEVELOP a practical working knowledge of clinical trials for drugs and biologics and the clearance process for devices
• LEARN how devices are classified, monitored, and regulated
• APPRECIATE the complexities of pharmaceutical IP and the regulatory balance between brand name and generic products
• RECOGNIZE the pivotal role of labeling in the drug/biological product approval process
• SEE the importance of cGMPs to the post-approval regulatory process
• NAVIGATE the protocols of adverse events monitoring, product withdrawals, and recalls
The approval process…pre-approval concerns…product labeling…clinical trials…adverse events reports…patent concerns…exclusivity. FDA law and regulations govern these critical aspects in the commercialization process for drugs, biologics, and devices. Plus, the FDA Amendments Act of 2007 (FDAAA) is one of the most comprehensive revisions of FDA law in decades. And recent court cases and high-profile trials concerning FDA-regulated products send a clear signal that attorneys who do not have regulatory practices – but who do deal with FDA-regulated products – must understand these concepts. The same demands fall on securities experts and business executives in the life sciences arena.
Products liability and patent litigation concerning these products often hinges on what happened during the pre-approval, approval, or post-approval periods. However, many products liability lawyers, patent counsel, and business and investment experts — despite their tenure in working with FDA-regulated products — are not well-versed in the essentials of the approval process and the regulatory hurdles of the post-approval period.
Boost your FDA regulatory IQ. Learn about the FDA approval process and the ins and outs of post-approval challenges. ACI’s FDA Boot Camp has been designed to give products or patent litigators, as well as patent prosecutors and life sciences investment and securities experts, a strong working knowledge of core FDA regulatory competencies, including the nuances of FDAAA. A distinguished faculty of top FDA regulatory experts — a “Who’s Who of the FDA Bar” — will share their knowledge and give you critical insights on:
• The organization, jurisdiction, functions, and operations of the FDA
• The essentials of the approval process for drugs, biologics, and devices, including:
• Clinical trials for drugs and biologics and the clearance process for devices
• The classification of devices and the concept of “risk-based” classification
• The role of the Hatch-Waxman Act in the patenting of drugs and biologics
• Labeling in the drug and biological products approval process
• cGMPs and other manufacturing concerns relative to products liability
• Proactive adverse events monitoring
• Recalls, product withdrawals, and FDA oversight authority
Other program highlights include special tracks for Patent Attorneys and Products Litigators.
Tags: Legal conferences, Litigation strategies, Products Litigators
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Negotiating and Tailoring ISDA® Master Agreements & Confirmations
March 31st, 2008
in Insurance & Reinsurance |
Get specialized, practical strategies for:
• Evaluating whether to use the 1992 versus 2002 ISDA® Master Agreement
• Utilizing collateral to manage market and counterparty risk
• Representing or facing hedge fund or asset manager counterparties
• Strategically using PAUG dealer forms for CDS on CDO/MBS
• Factors to consider when using ISDA® agreements for rated transactions
• Effectively using Master Confirmation Agreements
• Interpreting market disruption and fallbacks under the 2005 ISDA® Commodity Definitions
In response to market demand, American Conference Institute’s Negotiating and Tailoring ISDA® Master Agreements & Confirmations is back for its 5th Annual iteration. Offering a revised and updated agenda that will delve into the most challenging and heavily negotiated terms of the Agreement, this event will provide up-to-date practical strategies for negotiating terms that will minimize risks while maximizing potential profit. As a result of the subprime shakeout, the turbulent market has created new opportunities for
structuring innovative derivative financial instruments. Whether you are involved in foreign exchange, credit, equity or commodity derivatives having a fundamental understanding of the ISDA® Master Agreement is critical to ensure that you are adequately protecting your firm when trading these financial instruments. By attending ACI’s 5th Annual Conference on Negotiating and Tailoring ISDA®Master Agreements and Confirmations you will gain a thorough understanding of how to approach and overcome the current challenges surrounding the use of the Master Agreements. Our distinguished faculty of industry professionals who will guide you through:
• Negotiating confirmations with the 2002 equity derivatives definitions
• Knowing how and when to use the English law and New York law CSA
• Respecting confidentiality concerns when representing or facing hedge fund counterparties
• Effectively using and incorporating the 2005 ISDA® commodity definitions for new and existing transactions
• Identifying new products and developments in the marketplace In addition, we are offering two in-depth, interactive workshops. Introduction to ISDA® Master Agreements and Credit Support Annex will give a firm grounding that will allow you to take full advantage of the main conference and Compliance Strategies for Maintaining Derivative Documentation will provide necessary insight for the current challenges presented to effectively manage and maintain documents.
Tags: American Conference Institute, credit support, Legal conferences
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L AW FIRM CLIENT RETENTION SATISFACTION
March 31st, 2008
in Law Firm Management, Litigation |
SHARED BEST PRACTICES INCLUDE:
• Key metrics for the successful acquisition and retention of corporate clients
• Understanding the pressing challenges faced by corporate counsel and how your firm can build a client retention strategy based on this
• Identifying steps other firms have undertaken to improve client relationships
• Adapting to increased competition to distinguish your firm and services
• Strategies for winning more work even in the face of budget squeezes
• Effectively communicating your firm’s diversity, governance and social responsibility initiatives
• Creating and evaluating strategies to accomplish business goals and satisfy client expectations
• Evaluating creative fee structures to increase efficiencies and client satisfaction
We have brought together an unparalleled faculty of general counsel from major corporations who have committed to clarifying exactly what it is they look for when selecting or determining to retain their outside counsel. They will uncover their most pressing challenges, as well as some of the creative
solutions they believe counsel could adopt to alleviate much of this. They are also prepared to drill down into the elements of the attorney client relationship where they see the greatest need for change and improvement and they will pinpoint, through relevant case studies, the things that would convince them not only not to recommend their counsel, but conversely, to dispense with their services.
You cannot put a price on that sort of recognition. The respect you earn when your clients are the ones who laud you. Word of mouth? Priceless. 80% of new business for law firms comes from existing clients. And yet 70% of those clients do not recommend their outside counsel. Can you calculate the revenue your firm has lost in the past five years due to client churn? Or because your client gave new business to a competitive firm? Business that you were expecting to receive. Would you care to estimate how much potential revenue your firm was never able to capitalize on because your existing clients chose not to recommend your firm? It is becoming harder and harder to be that rainmaker and law firm partners need to understand the need for, and then implement, change. .
Corporations, especially legal units, have undergone significant cultural changes in recent years, and to compete successfully for their business and good opinion, you are going to have to match these changes with some updates of your own. The whole relationship between corporate counsel and law firms has morphed. Once immune to budget cuts and shareholder accountability, the legal departments in corporations are now looking to retain fewer and fewer law firms, and they are expecting very different support from those they do retain.
How does your client want to be approached? How much do they expect you to know about their business? How often should you be talking to them? What are their concerns around your firm’s fee structure and what creative billing solutions can you find to alleviate their worries?
And things are even more complex than that. Corporations want their outside counsel to reflect their corporate image. Diversity, governance and social responsibility are top of their agenda. It is no longer enough to describe how diverse you are and how much pro bono work your lawyers do, clients want to see quantifiable measures of your effectiveness in these areas.
This agenda has been developed and driven by corporate GCs in order to present real world best practices in client management, case study pitfalls to avoid, as well as how to resolve disputes quickly and effectively and ways to use technology to cut the cost to your client.
The success of any law firm, even the most prestigious, will ultimately come down to client retention and satisfaction. Join us on March 31, and hear first hand of initiatives and best practices you can implement to keep your clients happy and increase your firm’s profitability. Register for our post-conference conference seminar on how to best conduct client satisfaction surveys for
tangible feedback and quantifiable value.
Tags: Corporate counsel, Legal conferences, Litigation strategies
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SYMPOSIUM ON HEALTHCARE FRAUD INVESTIGATIONS
March 31st, 2008
in Healthcare, Litigation |
Top government officials, senior in-house counsel, and expert private practitioners will help you:
✓ LEARN what to do when the government is making allegations
of Health care Fraud & Abuse
✓ DETERMINE when to provide voluntary disclosures and who
to present them to
✓ IMPLEMENT measures to decrease coding and billing errors
✓ MAXIMIZE the internal audit function to avoid surprises
during an investigation
✓ IDENTIFY suspect financial agreements as potential Stark
and anti-kickback violations
✓ NEGOTIATE with the government on case settlements and the use of a CIA
The challenge of obtaining full comprehension of the complex and constantly changing, laws and regulations governing Medicare and Medicaid is well documented. Nonetheless, in the current environment of ever increasing government scrutiny of the health care industry, there is no room for error. With staggering settlements extracted to date and the increased potential for criminal penalties, it is imperative that you fully understand the implications of every statement and action you, your client, and employees of your institution make when you are the target of an investigation into Medicare and Medicaid practices. American Conference Institute has created this program specifically to address the challenges being faces by the health care industry today. Led by an exceptional faculty packed with current and former Medicare and Medicaid regulatory and enforcement officials, senior compliance and audit professionals, and white collar experts, this event will prepare you for any queries, formal inquiries, and investigations. By the end of the Symposium on Health care. Fraud Investigations you will be thoroughly grounded in liability-limiting approaches for:
• Providing voluntary disclosures that will help to mitigate penalties
• Navigating the ins and outs of provider financial agreements in violation of the evolving Stark laws and anti-kickback regulations
• Determining the consequences for refusing to waive attorney-client privilege for specific types of information requested by investigators
• Mobilizing your internal audit function to detect misconduct in Medicare and Medicaid practices
In addition, to complete your overall conference experience, be sure to attend the post-conference workshop, Ensuring the Effectiveness of Your Compliance Program in Light of Changing Regulations. Our expert panel of health care compliance professionals will provide you with the best practices for conducting an annual audit of the health care compliance program and the best ways to incorporate new regulatory developments into the existing program.
Tags: Legal conferences, Litigation strategies
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19TH NATIONAL CONFERENCE FOREIGN CORRUPT PRACTICES ACT
March 26th, 2008
in Anti-Corruption / FCPA, Regulatory & Compliance |
THE PREMIER LEGAL & REGULATORY ANTI-CORRUPTION COMPLIANCE EVENT
Get “must-have” insights from senior industry executives, FCPA attorneys
and government officials on:
• SEC and DOJ enforcement priorities and how latest cases in the U.S. and abroad affect compliance programs
• How to conduct effective global investigations and overcome conflicting
local laws and traditions
• Pros and cons of voluntary disclosures and how the government evaluates them
• Enhancing the internal audit function to detect FCPA violations
• Conducting pre-merger/pre-IPO due diligence
• Minimizing liability risks when dealing with foreign third parties
• Avoiding gifts, hospitality and facilitation pitfalls
• Appointing and working with compliance monitors
• Implementing a global anti-corruption compliance program
• Combining anti-money laundering and FCPA controls to reduce risk
Do not miss the FCPA event that everyone is talking about
An FCPA enforcement explosion is reaching across industries and around the globe. 2007 has produced both the largest criminal fine and the largest combined sanction ever imposed for violations of the FCPA. Recent settlements
of FCPA actions have resulted in heavy civil and criminal penalties for both individuals and corporate offenders, disgorgement of profits and, increasingly, the imposition of independent monitors. Foreign governments, primarily in
Europe, are also cracking down on corruption and actively cooperating with US enforcement officials. Companies today face not only FCPA enforcement actions in the United States, but the possibility of enforcement actions in other jurisdictions as well.
The increase of FCPA enforcement makes prevention an even higher priority than it may have been in the past. The absence of preventative measure is almost certain to result in substantially increased penalties if an issue arises. This makes
an effective anti-corruption compliance program essential for all companies. With record-setting sanctions involving wellknown companies, global organizations have to reassess their own anti-corruption measures to prevent lapses that might lead to damaging and costly enforcement actions.
Now in its 19th successful year, the American Conference Institute‘s National Conference on the FOREIGN CORRUPT PRACTICES ACT is the event that corporate counsel, compliance officers, outside counsel and consultants
rely on for comprehensive, insightful, and practical guidance on critical FCPA compliance issues. Benefit from the practical perspective of seasoned corporate FCPA compliance executives, get an update on enforcement and policy initiatives from top Government officials and FCPA attorneys, and learn how industry is setting up internal controls to comply in this constantly changing global legal
landscape. This year’s agenda will include the latest information on:
• Changes you need to make to your compliance program as a result of recent cases against companies and individuals
• How government agencies evaluate voluntary disclosures
• Harmonizing U.S. and foreign anti-corruption compliance obligations
• How to design and implement due diligence for a prospective foreign third party relationship
• What to look for in a target’s anti-corruption compliance
• Managing the PR impact of an investigation or voluntary disclosure
• How to incorporate robust FCPA auditing into your compliance program
Tags: Compliance, Foreign Corrupt Practices Act, IPO Dde Diligence, Legal conferences
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Prescription Drug Pricing
March 12th, 2008
in Healthcare, Litigation, Pharmaceuticals / Biotech / Life Sciences |
THE NEW AMP RULE, AWP LITIGATION AND AN INCREASE IN GLOBAL DRUG SALES ARE CHANGING THE FACE OF DRUG PRICING.
Develop strategies for managing the ever changing reimbursement landscape by attending new sessions on:
• Exploring the New Role of AMP
• Using New Pricing Data Provided by AMP for State Medicaid Prescription Reimbursement
• AWP Litigation Update
• Grappling With the Uncertain Future of AWP: Preparing for a Changing Reimbursement Landscape
• Considering Global Pricing and Reimbursement Systems When Developing a U.S. Pricing and Reimbursement Strategy
Meet Changes in the Evolving Pricing and Reimbursement Landscape Head-on with changes to AMP, increased transparency and the uncertainty of AWP’s future, the time is critical to have a comprehensive pricing strategy in place. To ensure your rebate reimbursement exposure is limited, that you are being adequately reimbursed for drugs provided to beneficiaries or that pricing for government programs is not negatively affecting commercial prices, you need to understand the changes that are taking place and devise a strategy to deal with them.
New pricing methodologies mean new compliance challenges… Nearly every major component of the pharmaceutical industry, as well as public and private healthcare, is in a tailspin. R&D, IP, product and formulary placement, and patient access all have been touched by these reforms in some way. More scrutiny under the DRA and Part D = more litigation? These newest reforms are at the root of new and continuing anxieties over pricing transparency and fraud and abuse. They also exacerbate the scope of existing dilemmas, such as public and private pricing litigation and criminal enforcement actions. Will Medicare Part D pricing and AMP reform under the DRA bring something akin to the long-waged civil and criminal AWP suits? How do your business operations need to change?
For six years, only one conference has brought the whole picture into focus: American Conference Institute’s In-House Counsel Forum on Government Regulation of Prescription Drug Pricing. This sixth annual program gives full coverage of all the new developments, from all the leading experts.
Hear from those in the trenches of pricing and reimbursement, and hear first-hand how the new landscape is evolving. Network with your peers and benefit from the written materials prepared by the speakers especially for this program.
Tags: Legal conferences, Litigation strategies
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NAVIGATING LEGAL & REGULATORY RISKS FOR IR PROFESSIONALS
March 11th, 2008
in Financial Services, Insurance & Reinsurance, Law Firm Management, Litigation |
Senior investor relations executives, government officials and seasoned legal experts will provide unparalleled insight on how to:
• Communicate with investors while remaining within the confines of Reg FD
• Adapt IR materials into SEC reporting documents
• Prepare for a SEC investigation to avoid disclosure & documentation violations
• Comply with Sarbanes-Oxley while minimizing costs
• Implement an effective crisis communication strategy
• Mitigate regulatory risk in roadshows and annual investor meetings
• Respond to hedge fund and shareholder activism
• Prevent rule 10b-5 violations to ensure best practices in mergers & acquisitions
More than ever, IROs are dealing with maximum vulnerability situations. Exacerbated by the subprime meltdown, obfuscation of disclosure requirements, new SEC proxy rules, and an increase in hedge fund activism, allegations of disclosure violations are on the rise. To avoid the repercussions of such tumultuous conditions, it is an imperative to ensure best practices in investor relations. American Conference Institute’s National Forum on Navigating Legal & Regulatory Risks for IR Professionals features an expert faculty of investor relations executives, top government officials and private practitioners who will provide you with practical and tactical insights on:
• Ensuring compliant disclosure practices
• Implications of SEC and FINRA enforcement actions on investor relations
• Strategies to maintain analyst coverage while eliminating earnings guidance
• Identifying shareholder base to effectively respond to hedge fund activism
• Documenting SEC and FINRA requirements in M & A transactions
• Effectively planning roadshows and annual investor meetings
In addition, an in-depth pre-conference Master Class on SEC and FASB Accounting Standards will provide you with the knowledge you need to intelligibly communicate your company’s financials to investors. Plus, don’t miss our exclusive interactive post-conference workshop on Reputational Management: Proactive Strategies to Increase Shareholder Value, specifically developed to increase your shareholder value.
Tags: Legal conferences, Litigation strategies, senior investor relations
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