03 by NiceTime


									November 2005                                                                                                                            The Metropolitan Corporate Counsel                                                                             Page 3

                                    HIGHLIGHTS FOR NORTHEAST                                                                                                               Comment
Special Report: Civil Justice Reform – Part I                                                                                                                                           Considering A Long-Range Plan
   See Index and Cover Page 39
   Preserving The Privilege Is Essential For Corporate Counsel’s Compliance Role                                                                                                       For Reducing Litigation Exposure?
   Interview: William “Bill” Ide, McKenna Long & Aldridge LLP                                                                                                                        Corporate Counsel Should Attend The LCJ Membership Meeting
Special Section: Latin America                                                                                                                                                        Find Out How Outside Counsel Can Help Achieve Your Goals
   See Index and Cover Page 13
   The World Bank: A Cautious Optimism On The Region                                                                                                                            The cost of litigation is the largest single component in a law department’s
   Interview: Guillermo Perry, The World Bank                                                                                                                              budget. General counsel are fighting a losing battle to control this cost
Special Section: Employment Law                                                                                                                                            notwithstanding focused efforts to handle individual cases more effectively. Yet,
   See Index and Cover Page 17
   Employment Arbitration: Fair And Effective Program Design
                                                                                                                                                                           despite careful case management and the use of quality outside counsel, new
   Darin T. Allen, National Arbitration Forum                                                                                                                              cases continue to pour in – and litigation expense as a percentage of sales
Special Section: Florida                                                                                                                                                   continues to grow.
   See Index and Cover Page 55                                                                                                                                                  Corporate counsel are confronted by a classic forest and trees dilemma.
   Serving Florida’s In-House Legal Community                                                                                                                              They are addressing the individual trees – cases – effectively, but some may not
   Interview: Lazarus Rothstein, South Florida Chapter, Association of Corporate Counsel; and
   Martha H. Kuhn, Central Florida Chapter, Association of Corporate Counsel
                                                                                                                                                                           be spending enough time thinking about how they can best cope with the forest –
Special Section: Disaster Relief                                                                                                                                           that is, by focusing on ways to improve the civil justice system. Since this is the
   See Index and Cover Page 59                                                                                                                                             only way to stem the litigation tide, the time, effort and money involved is well
   Katrina, Rita And Other Natural Disasters – Business Should And Does Help Victims                                                                                       spent. The current political environment for effecting change could not be better.
   Interview: Jeffrey B. Kindler, Pfizer Inc                                                                                                                                Civil justice reform is a top priority of the federal administration and many state
Regular Features                                                                                                                                                           governments – and there are an increasing number of judges, both at the federal
Policy Issues Alerts!                                                                                                                                                      and state levels, whose backgrounds qualify them to understand the concerns of
   SEC Gives Smaller Companies An Extra Year To Comply With Internal Control Rules Page 25                                                                                 corporate counsel. In addition, a variety of organizations exist that are
   Andrew J. Beck and Joshua Goldstein, Torys LLP
   Will Congress Follow The Lead Of State Legislatures And Force The Pharmaceutical Industry
                                                                                                                                                                           successfully addressing the big picture – the forest. And, with more support from
   To Counteract The Methamphetamine Epidemic? Page 48                                                                                                                     corporate counsel, they can make even greater progress.
   Christopher P. DePhillips and Brian P. Sharkey, Porzio, Bromberg & Newman, P.C.                                                                                              Most companies have five- and ten-year plans addressing business issues.
Corporate Counsel Organization Highlights Pages 55, 65-70                                                                                                                  Yet, these plans can be disrupted by one “bet-the-company” case brought in a
   Letter: Joseph M. Aronds, Member of the Board of Directors, New Jersey Corporate Counsel                                                                                remote county of a small state. Most general counsel recognize the need to
   Association, and Liaison, The Joint NJCCA-NJDA Initiative Page 67
   Letter: Bettina Plevan, President, Association Of The Bar Of The City Of New York Page 69                                                                               develop a plan for handling bet-the-company cases and then to carefully review
   Letter: Norman Reimer, President, New York County Lawyers’ Association And James B.                                                                                     the plan with the CEO and the board. But how many have also developed a long-
   Kobak, President, New York County Lawyers’ Association Foundation Page 70                                                                                               range civil justice reform plan for reducing the likelihood of such cases for
Honor Roll Page 25                                                                                                                                                         review with the CEO and the Board?
Partners Notes Pages 46, 50, 58, 64-72                                                                                                                                          This month and next, in Parts I and II of our Special Reports on Civil Justice
Pro Bono Pages 71, 79                                                                                                                                                      Reform, we will be featuring a number of organizations that can help you
Website Directory Page 72                                                                                                                                                  implement your long-range civil justice reform plan. Your outside defense
Topics Pages 73-76
Calendar Pages 77-78
                                                                                                                                                                           counsel and their organizations are willing and able to play significant roles in
Legal Placement Directory Page 79                                                                                                                                          such a plan. General counsel, who have encouraged their outside counsel to
                                                                                                                                                                           partner with them to support their diversity, pro bono and other goals, have in
                                                                                                                                                                           many cases also encouraged them to support their civil justice reform goals. But,
                                                           TOPICAL GUIDE                                                                                                   some general counsel may still be unaware of the ways their outside counsel can
                      For Other Articles And Interviews See Highlights On This Page
                                                                                                                                                                           help them realize those goals. The interviews of Philip Sellinger (page 41 ) and
                                     And Pages 13, 17, 39, 55 And 59
                                                                                                                                                                           Bill Graham (page 43) illustrate some of the ways outside counsel can help. In
ADR                                                                                                                                                                        his article on page 42, Victor Schwartz outlines strategies whereby, through the
   Enforcing Arbitration Awards Against Foreign Entities                                                                                                                   litigation process, changes in outmoded and unfair legal principles can be
   David W. Phillips ST. JOHN & WAYNE, LLC Page 36                                                                                                                         obtained. You will want to be sure that your defense counsel are alert to your
Bankruptcy                                                                                                                                                                 desire to take advantage of these opportunities.
   Bankruptcy Recoveries From Auditors: The Ambassador Case                                                                                                                     Lawyers for Civil Justice (LCJ) provides opportunities for defense counsel
   Interview: Richard B. Whitney JONES DAY Page 9
                                                                                                                                                                           to help their clients and corporate America achieve their civil justice reform
Compliance And Corporate Governance
   Compliance Programs, Voluntary Disclosure And Internal Investigations: Making Sure The                                                                                  goals. It is a coalition of Fortune 500 corporations and the leadership of the
   Government Gives You Maximum Credit For “Doing The Right Thing” Interview: Joshua                                                                                       organized national defense bar: DRI, Federation of Defense and Corporate
   Hochberg MCKENNA LONG & ALDRIDGE LLP Page 4                                                                                                                             Counsel (FDCC), and the International Association of Defense Counsel (IADC).
   Responding To The Evolving Roles And Responsibilities Of Boards Of Directors And Audit                                                                                  Its efforts have also been aided by 52 Associate Members, a group of law firms
   Committees: The Importance Of A Compliance Risk Assessment – Part I Robert E. Bostrom
                                                                                                                                                                           that partner with corporate counsel by contributing to the support of LCJ, both
   The Duty Of Good Faith: A New Doctrine Or A Variation Of An Old One?                                                                                                    financially and, when the opportunity arises, by applying their legal talents in
   Interview: Steven A. Seidman and Laura L. Delanoy                                                                                                                       support of LCJ’s goals. LCJ works closely with the Civil Justice Reform Group
   WILLKIE FARR & GALLAGHER LLP Page 16                                                                                                                                    and the U.S. Chamber of Commerce.
   Corporate Counsel’s Role In Detecting Internal Company Fraud
   Interview: Ernest E. Badway and Edwin H. Nordlinger
                                                                                                                                                                                In our December issue, Part II of our Special Report on Civil Justice Reform
   SAIBER SCHLESINGER SATZ & GOLDSTEIN, LLC Page 38                                                                                                                        will focus more specifically on LCJ’s Membership Meeting in New York City on
Corporate Law And Securities Regulation                                                                                                                                    December 12-13, which will cover a wide range of civil justice reform topics.
   U.S. Securities Issues In Spin-Offs And Subsidiary IPOs – Part I                                                                                                        Confirmed speakers already include: John Hofmeister, President and CEO, Shell
   M. Ridgway Barker and Randi-Jean G. Hedin                                                                                                                               Oil Company; Charles W. Matthews, Jr., Vice President and General Counsel,
   SEC Adopts Rule 16(b) Amendments: Eliminates Uncertainty Caused By Sterling Miranda S.
                                                                                                                                                                           Exxon Mobil Corporation; William “Bill” Ide, Former ABA President and Chair,
   Schiller WEIL, GOTSHAL & MANGES LLP Page 10                                                                                                                             ABA Task Force on the Attorney Client Privilege; Chief Justice Myron T. Steele,
Insurance                                                                                                                                                                  Delaware Supreme Court; Honorable Lee Rosenthal, Chair, Judicial Conference
   Ways To Improve Your D&O Liability Insurance Coverage Stephen J. Weiss and Thomas H.                                                                                    Advisory Committee on Civil Rules; and Justice Nathan Hecht, Texas Supreme
   Bentz, Jr. HOLLAND & KNIGHT LLP Page 8                                                                                                                                  Court. Bill Ide’s interview appears on page 39 of this issue and interviews of Mr.
   Learning A Thing Or Two From Rodney Dangerfield Stephen J. Weiss and Shannon A.G. Knotts
                                                                                                                                                                           Matthews and Chief Justice Steele appear in our August issue on pages 31 and
Intellectual Property                                                                                                                                                      32. We will be interviewing a number of the other speakers in our December
   Understanding The Harry Potter Injunction: Protecting Copyright And Confidential                                                                                         issue.
   Information Barbara Grossman, Aaron Milrad and Annie Na                                                                                                                      We are also planning to encourage defense counsel to use our December
   FRASER MILNER CASGRAIN LLP Page 37                                                                                                                                      issue to continue to share with our readers ways in which they and their firms
                                                                                                                                                                           help corporate America to achieve their civil justice reform objectives.
                  Martha Driver                                             Al Driver                                         George C. Miller                                  We urge our corporate counsel readers to consider attending the LCJ
                    Publisher                                                Editor                                            Director of Sales
                                                                        Kristi L. Vaiden                                      & Associate Editor                           Membership Meeting. For information about attending the Meeting, please
               Robert L. Duncan
                Deputy Publisher                                          Deputy Editor                                        Mary Ann Kent                               contact LCJ’s Executive Director Barry Bauman at 202-429-0045. For general
                                                                                                                                 Amy Lemel
                  Lyn Tweedie
                                                                          Peter Laning
                                                                       Production Manager
                                                                                                                               Joan McGeough                               information about LCJ, visit its Web site at www.lfcj.com or contact Barry at
                                                                                                                               Sally Monaghan
                  Peter Laning
                                                                        Spase Miloseski                                        Christina Swaak
                 Associate Editors                                         IT Director                                       Geraldine Winters
                 Aimee Junno                                               Jairo Cano                                      Relationship Executives                                                                      Al Driver,
                  Ruth Lasar                                            Vanessa Church                                           Liza Taylor                                                                            Editor
               Editorial Assistants                                          Interns                                     Sales and Marketing Support
         The Metropolitan Corporate Counsel is published monthly by The Metropolitan Corporate Counsel, Inc., 1180 Wychwood Road, Mountainside, NJ 07092,
  (908) 654-4840. Subscription price is $95 per year. Periodicals postage paid at Mountainside, NJ and additional offices; permit issued ISSN Number 1073-3000.
  Address changes or corrections must be made in writing and sent to above address Att: Circulation Dept.; by Fax to (908) 654-4068; or by e-mail to rlasar@metro-
  corpcounsel.com. For reprints, contact reprints@metrocorpcounsel.com, or Fax your request to same number above. Note, new reprint rates are effective Novem-
  ber 1, 2005. Ask for details.
         The material in this publication contains general information, is not intended to provide legal advice and should not be relied on to govern action in particu-
                                                                                                                                                                                Some Of Those Mentioned On This Page Partner With Corporate Counsel
  lar circumstances. The sources of material contained in publication are responsible for such material, and any views or opinions expressed are solely those of the
                                                                                                                                                                                        By Providing Us With Financial And Editorial Support

To top