ACC Focus on the New Jersey Chapter - September 6, 2007 (Print All Articles)


NJCCA President's Message

by Lee Bream

Summer’s Gone – But Many Things Lie Ahead!

Hard to believe that summer is over. While the beach weekends may be history, so too are the traffic jams, bugs and poison ivy. And Fall awaits. 

NJCCA will be holding its all-day conference on September 27 at the Hanover Marriott Hotel and its Annual Dinner Meeting on November 14 at the Pleasantdale Chateau.  The former offers close to 20 substantive programs and some wonderful speakers.  The latter will offer a keynote address by Harvard Constitutional Law professor Arthur Miller, the installation of our new officers and/or Board members, and some great dining and dancing.  Please join us to network and meet your colleagues. 

I am especially excited by the slate of Officer/Board candidates we will be presenting to the membership for installation at our Annual Dinner Meeting.  We have some of our existing leadership returning in new roles and some attorneys joining us for the first time.  I look forward to working with them and sharing in the leadership they can offer NJCCA. 

Members can look forward to the Association of Corporate Counsel’s Annual Meeting on October 29-31 in Chicago.  There is never an end to substantive program offerings at this event and several NJCCA members are speakers at this event.  NJCCA will also continue to track developments for 2007-2008 on public advocacy issues, such as privilege and multijurisdictional practice issues and limited licensing.  We still have several outstanding requests to the Court to clarify some matters pertaining to limited licensing. We’ll keep you updated, of course. 

Enjoy the Fall and hope to see or hear from you soon.

 

Very truly yours,
 
Lee Braem
President, NJCCA  


Upcoming NJCCA Events

Register today for these relevant and insightful events.

SEPTEMBER

Fifth Annual All-Day Conference
Date: September 27, 2007
Time: 8:30 AM to 7:00 PM EDT
Description: Full day of CLE, Career Enhancement and Ethics programs followed by cocktail reception.  More than 150 in-house counsel are anticipated to attend the event, which features 18 programs with 75 speakers.  Don't miss this stellar opportunity for education and networking planned by in-house counsel for in-house counsel.
Speakers:  Featured speakers include general counsels from Agfa Corporation, Goen Technologies, ConAgra Foods, Sychronoss Technologies, TerraCycle, The Sarnoff Corporation, Toshiba America, TX2 System and Wyndham Worldwide as well as legal experts from 17 of the best law firms in NJ, NY and Europe.
Chapter Contact: Kristi Vaiden, Executive Director
RSVP Phone: (973) 706-5027 or for FAX call first
RSVP Email: njcca@optonline.net
Member Cost:  $149 until August 25; $175 after August 25
Non-Member Cost:  $195 until August 25; $220 after August 25
 

OCTOBER

High Tea at Somerset Hills Hotel
Date & Time:
Thursday, October 4 from 3 to 6 pm
Description: A special program hosted by Women's Networking Group,the guest speaker is Gale Evans, best selling author of "Play Like a Man and Win LIke a Woman" and "She Wins, You Win."
Chapter Contact: Kristi Vaiden, Executive Director
RSVP Phone: (973) 706-5027 or for FAX call first
RSVP Email: njcca@optonline.net
Cost: TBD
Sponsor: Wilson, Elser, Moskowitz, Edelman & Dicker

Protecting the Corporation 
Date & Time: October 12, 2007, 9:00 AM -noon PM EDT 
Description: The New Jersey Defense Association and the New Jersey Corporate Counsel Association have planned an educational morning to provide you with the tools to protect today's corporation.  The program will also provide the necessary updates on the key decisions in New Jersey case law this year.  Preeminent members of both the NJDA and the NJCCA will present at this event, which you do not want to miss.
Chapter Contact: Kristi Vaiden, Executive Director 
RSVP: (973) 706-5027 or by Email at njcca@optonline.net 
Cost: TBD 
 

Global Compliance 
Date & Time: October 17, 2007, 8:00 AM -5:00 PM EDT 
Description: An international conference for corporate counsel and compliance officers in partnership with The Metropolitan Corporate Counsel and Eversheds LLP.  Reasons to be there:  (1)  Execellent speakers on practical issues you can put to use in your work; (2) Fantastic networking with global in-house counsel and compliance professionals through best pratices roundtables and interactive panel discussions; and (3) A rare chance to hear the enforcement perspectives first-hand from SEC and European Commission regulators.
Speakers:  The faculty includes leading in-house counsel and compliance officers from Tyco, Schering-Plough, Cisco Systems and other companies facing similar challenges to yours.
Chapter Contact: Kristi Vaiden, Executive Director 
RSVP: (973) 706-5027 or by Email at njcca@optonline.net 
Sponsor: Eversheds 

Iliadis v. Wal-Mart: Have the Flood Gates Been Opened for Class Actions in New Jersey?
Date & Time:
October 25, 2007, 8:30 AM - 11:00 AM EDT
Description: The panel, including David W. Garland, Chair of Sills Cummis' Labor and Employment Practice Group, Jeffrey Greenbaum, Chair of Sills Cummis' Class Action Practice Group, and Peter G. Verniero, former associate justice of the Supreme Court of New Jersey and Co-Chair of Sills Cummis' Corporate Internal Investigations and Business Crimes Practice Group, will explore the New Jersey Supreme Court's recent opinion in Iliadis v. Wal-Mart, and other recent cases, trends and developments in class action litigation and what they mean for companies facing class actions in New Jersey.
Location: Montclair Golf Club
Sponsor: Sills Cummis Epstein & Gross P.C. 
Chapter Contact: Kristi Vaiden, Executive Director  
RSVP: By Phone at (973) 706-5027 or by Email at njcca@optonline.net

NOVEMBER

NJCCA Annual Dinner Meeting
Date & Time:
Wednesday, November 14, 5 PM
Location: Pleasantdale Chateau
Description: Save the date for our gala Annual Meeting, the Keynote Speaker is Arthur Miller, Constitutional Law Professor, at the Harvard University School of Law. Also on the program will be Installation of 2008 officers and board members. Wine tasting at 5pm,  Cocktails at 6 pm, and Dinner at 7:30 pm
Chapter Contact: Kristi Vaiden, Executive Director
RSVP Phone: (973) 706-5027 or for FAX call first
RSVP Email: njcca@optonline.net
Cost: TBD


ACC Amicus Helps Win Third Circuit Privilege Case

In a case of first impression under Delaware law, the U.S. Court of Appeals for the Third Circuit applied attorney-client privilege rules to the parent-subsidiary context.

A unanimous Third Circuit panel vacated the district court's production order in the BCE/Teleglobe case in a precedential opinion. ACC filed an amicus brief with the Third Circuit in this case involving BCE, Inc., who were being sued by a number of its former subsidiaries now in bankruptcy, primarily Teleglobe Communications. Teleglobe demanded access to attorney-client privileged communications between BCE and its in-house and outside counsel on the grounds that BCE's in-house counsel previously represented both the parents and subs on a variety of issues.

The Third Circuit held that BCE could not be compelled to produce documents on the ground that BCE and Teleglobe were jointly represented. The Court reasoned that Teleglobe cannot unilaterally waive a joint privilege with BCE. BCE's consent would also be required to waive the joint privilege.

The Third Circuit further held that that documents prepared by outside counsel did not lose their privileged status merely because they were funneled through in-house counsel for BCE and Teleglobe.

Relevant Documents:


Fifth Annual Full Day Conference, September 27, 2007

Cindy Long, General Counsel, Valley National Bank, and Chair, NJCCA's Fifth Annual Full-Day Conference
Sign Up Today for NJCCA’s Fifth Annual Full-Day Conference, September 27.

 NJCCA is making final plans for its Fifth Annual Full Day Conference being held on September 27 at the Hanover Marriott in Whippany, NJ.  More than 150 NJCCA members are expected to attend 18 different programs.  The Conference features 75 speakers, including attorneys from leading law firms in both New Jersey and New York City, senior executives, general counsels and other in-house attorneys from many Fortune 100 corporations, experts from national consulting companies, and high-ranking government officials. 

The total fee for NJCCA members is $149 for registrations made prior to August 25 and $175 for registrations made after that date.  In-house counsel, who are not yet NJCCA members, are invited to attend at the total fee of $195 for registrations made prior August 25 and $220 after that date.    
 
Programming Developed Based On Membership Survey. 

In order to maximize the usefulness of the conference to those attending, all of the topics for the conference were developed based on a membership survey that NJCCA conducted a few months ago.  The survey asked members to identify their level of interest in various substantive areas of law and to rank by their importance a number of professional enhancement issues.  The conference planning committee then took the most highly ranked legal and professional enhancement topics and created programs directly related to those topics.   

Preliminary Schedule:

7:45-9:00 a.m. Breakfast, Meetings of NJCCA’s Substantive Committees, Special Guest from the DC office of the Association of Corporate Counsel for Hands-on Highlights of Membership Benefits and Opening Remarks

9:00-10:15   (a) Environment, Health and Safety Basics for the General Practitioner
                    (b) Doing Business in Europe: Three Hot Topics
                    (c) Breaking News in Employment Law
                    (d) Mass Torts: Defending the Company in the First 90 Days

10:30-11:45   (a) Restatements of Earnings: Why, How and Liability
                      (b) Navigating the Minefields of Consumer Class Actions: Achieving Optimal Results without Breaking the Bank
                      (c) How to Get the Most Out of Your Insurance Coverage
                      (d) Offshore Outsourcing: How to Effectively Evaluate, Draft and Negotiate Offshore Engagements

12:00-1:15  (a) Best Practices for Managing a Multi-location Law Department
                    (b) Survival Secrets for the In-house Solo Practitioner
                    (c) Keys to Becoming a Successful Manager
                    (d) Through the Looking Glass:  What Do Outside Counsel Want from Inside Counsel?

1:15-2:30     Lunch Program on Catching Crooks: An Update from Law Enforcement on AML, SAR and Fraud Activities and Investigations in the New York/New Jersey Area

2:30-3:30     Plenary Session on Ethics: The Real World

3:45-5:00    (a) The In-house Attorney as a Party, Witness and Deponent
                   (b) False Advertising: A Primer on Resolving Advertising Disputes
                   (c) The Ten Secrets of Successful Strategies for Dealing with Government Regulators
                   (d) Current Issues for Intellectual Property Licenses

5:00-7:00    Networking Cocktail Party
 

Download the Conference Flyer, visit NJCCA’s website at www.acca.com/chapters/njcca.php or call (973) 706-5027 to learn more about the Annual Full Day Conference and other NJCCA activities.

 


NJCCA's Food and Drug Law Committee Focuses on Mentoring

Participate in a discussion of the best practices for mentoring programs.

NJCCA's Food and Drug Law Committee Co-chairs Heidi Allen, Associate General Counsel of sanofi-aventis, and Jean Frydman, Chief US Counsel & Compliance Officer for Ferring Pharmaceutical, Inc., invite in-house counsel to attend the committee's meeting from 7:45 to 8:45 a.m. on September 27 at the Hanover Marriott immediately preceding NJCCA's full day conference.

Lynn Shapiro Snyder will facilitate a discussion of the best practices for mentoring programs. One area is vertical advancement - where the mentoring program is directed to help staff increase their effectiveness and be promoted inside an organization. Another is Horizontal AdvancementTM where the mentoring is directed to senior staff who are interested in further growth professionally without regard to promotions within an organization. Ms. Snyder's background in the area of vertical advancement stems from the lawyer mentoring program she established within her law firm, Epstein Becker & Green, P.C. Her background in the area of Horizontal AdvancementTM stems from her founding of the Women Business Leaders of the U.S. Health Care Industry Foundation.

For more information, contact NJCCA's Executive Director Kristi Vaiden at
njcca@optonline.net.


NJCCA visits Princeton Cemetery

Giuliano Chicco

This is NOT a "dead lawyer" joke.

On June 27, on a lovely evening in Princeton, New Jersey, the New Jersey Corporate Counsel Association hosted an unusual social event - a tour of the Princeton Cemetery.

Founded in 1757, and known as the "Westminster Abbey of the United States," Princeton Cemetery is the final resting place for one president and one vice-president (both of whom were lawyers), the first United States Attorney for the District of New Jersey, the Colonial Justice of the Supreme Court of New Jersey, as well as numerous other officers of the court. In addition to former members of the Bar the cemetery is the final resting place for many notable scientists, educators, clerics and other New Jersey luminaries dating back to revolutionary times.

Approximately 25 NJCCA members and their guests took the one hour guided walking tour, led by Meg Chicco, cemetery docent and her husband Giuliano Chicco (aka the NJCCA Newsletter Editor), who provided the color commentary. The tour was followed by a dinner at the Alchemist & Barrister, a favorite Princeton watering hole, sponsored by Princeton Legal Search Group, LLC.

If you would like additional information about the Princeton Cemetery, its residents, or early New Jersey history, please visit the Princeton Cemetery website.

 


In-house Counsel Join the Cast and Crew of Pajama Game

An all too rare chance to see your colleagues in a different light.

NJCCA’s Past President Bruce Hector of Becton, Dickinson and Company joins the Pajama Game pit orchestra in the Third Celebration of Lawyers in the Arts on Wednesday, September 19, at Newark’s NJPAC.  As well as Bruce, you may know one or several of the other in-house attorneys who are performing – Mark Salvacion of Prudential, Pamela Labaj of Integro USA Inc. and Treasurer of New Jersey Volunteer Lawyers for the Arts, Inc. and Maria Anderson of K. Hovnanian Companies.

The evening also features an exhibition of art, sculpture and photography created by attorneys and law students during the cocktail and dinner hours, as well as a silent auction. All net proceeds from the event will support the New Jersey Volunteer Lawyers for the Arts, Inc. (NJVLA), a 501(c)(3) organization that grew out of the first Celebration and provides artists and arts organizations with pro bono legal services.

For more information or to purchase tickets, please visit the NJVLA website at www.njvla.org.


OVERRULED! by Aronds

As far as we know, the only Chapter Newsletter with its own in-house cartoonist!