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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
WINSTON & STRAWN LLP Page 12
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,
KELLEY DRYE & WARREN LLP Page 6
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
HOLLAND & KNIGHT LLP Page 8
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
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Peter Laning
Spase Miloseski Christina Swaak
bbauman@lfcj.com.
Associate Editors IT Director Geraldine Winters
Aimee Junno Jairo Cano Relationship Executives Al Driver,
Ruth Lasar Vanessa Church Liza Taylor Editor
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