The First Seminole GC

Great article by Sue Reisinger at law.com titled How the Seminoles' GC Helped Land $965 Million Hard Rock Deal.
Seminole GC, Jim Shore, was the first Seminole to ever graduate from law school. Take a minute to read a little about him and the great negotiating he did to win his tribe the Hard Rock corporation.

Fire a paintball gun, keep your job

Who knew that there's no public policy reason against rehiring a Garden State Parkway toll-taker who fired a paintball gun at a vehicle in a fit of road rage. Read the New Jersey Law Journal's article for all of the details on the NJ's Supreme Court's decision that was upheld by an appellate court. Personally, I feel we should all leave our paintball guns at home.

Hot Legal Blogs and the Like

Take a look at Kelly Talcott's article about the freshest legal news on the blogosphere. She pulls together some good places you need visit on the web to keep up with your legal news. Of course, we love Law.com for great legal updates and news as well.

New eDiscovery Software on the Block

Exterro has come to the table with it's flagship product Fusion, which combines BPM with collaboration capabilities and centralized management in an intergrated environment.

Read Law.com's piece Exterro Gets E-Discovery Down to Business

Update: GCs Operating Without Licenses

As promised, I tried to track down the "survey" mentioned by Corporate Counsel in their recent story about GCs operating in states where they are not licensed. The story said "...past surveys by ACC of its membership suggest that [the number of in-house counsel in this situation] could be in the hundreds or even thousands."

As it turns out, there is no such survey (ha!). In a conversation with the reporter an ACC staff member [identity protected] said that we have seen anecdotal evidence that at least some of our members are in this situation, and suggested that it could be "hundreds or thousands," but "we just don't know."

Certainly, it's more exciting the way Corporate Counsel wrote it, but is it accurate? I'll let you be the judge. Here's a link to the story again.

In the News: GCs Operating Without Licenses

According to Corporate Counsel magazine, they've found 8 GCs from Fortune 250 companies who are not licensed in the states in which they are practicing...and they name names. They also spoke to some of the folks on the list, including ArvinMeritor's Vernon Baker who said "you got me" (as a joke, apparently). The story also references an unnamed ACC survey that "suggests" that the number of unlicensed attorneys could be in the "hundreds or thousands." Read the full story here.

In the meantime, I'm going to try to track down the mystery survey.

New York Moves on MJP Rules

The New York State Bar Association House of Delegates proposed important amendments to the rules of professional conduct in New York, and specifically proposed a new Rule 5.5, which was formerly the state's Unauthorized Practice of Law rule, but would be amended to include new multijurisdictional practice (MJP) reforms. New York's proposed Rule 5.5 would permit a lawyer who is not admitted in New York the ability to provide legal services “on a temporary basis” if their services “arise out of or are reasonably related to the lawyer’s practice” in a lawyer’s home jurisdiction. See the full article on this development.

In completely unrelated, but welcome news to all you Zamboni drivers out there, a Superior Court judge has ruled that:

a) Zamboni machines are not motor vehicles
b) therefore, an inebriated Zamboni driver cannot be convicted of drunk driving

See the full story on (where else?!) law.com.

China International Economic and Trade Arbitration Commission comes to ACC

Today ACC hosted a meeting with the China International Economic and Trade Arbitration Commission .
The parties met to explore the formation of a beneficial relationship; extending CIETAC's valuable information and resources to ACC members. Check out CIETAC's Arbitration Rules.
Pace University also has a great database of arbitration proceedings by country.

Is technology fueling firms to move to a flat-rate fee?

David Ambrose, of Ambrose Law Group (Portland, OR), tells The National Law Journal that since his firm has switched from the billable hour to a flat-rate fee, they have seen a 90% increase in profits. 90%! Hard to believe? His theory behind the increase: "Technology is fueling the drive for flat fees . . . something that [used to] take two house, we can now do in 10 minutes."
Would your company benefit from working with a firm who charges a flat-rate?

Read the article

Coke Punks it's In-house Attorneys

Have you seen the ads? Coca-Cola has released several commercials where two actors, posing as Coke brand managers, inquire as to whether they can sue Coke Zero for 'taste infringement.' Check out this article with links to the commercials.

Who's Paying for Associate Pay Hikes?

Susan Hackett, ACC General Counsel, wonders why in-house aren't staging a revolt against associate pay hikes. "I've heard disgusted buzzing about this among corporate counsel at private luncheon meetings. But that's all. There's been no hint of the revolution that I was sure would erupt. In-house counsel of the world: What are you waiting for? Who's managing your company's legal spending: you, or the firms?"

See Susan's complete column on law.com. Let us know what you think.

ACC's 25th Year

2007 marks ACC's 25th Anniversary and we are looking forward to reminiscing about all of the great strides ACC has made through the years. From the growth of the membership (to over 20,000 members!) to the services we provide, ACC is proud to be The In-house Bar Association.

Check out what we're all about!

Susan Hackett on NPR

ACC's General Counsel, Susan Hackett, was interviewed on NPR sharing her insight on the new eDiscovery rules. New rules take effect that help companies decide how many e-mails and other digital items they have to keep in case someone sues them and demands the documents be brought to court. Even small companies can generate millions of digital documents in a very short time, and systems for managing them can be expensive.

Click here to listen

ACC Fellow to be Honored for Katrina Work

Reilly Morse, the ACC/Equal Justice Works Disaster Relief Fellow, will be recognized by the Lawyer's Committee for Civil Rights Under Law with the Edwin D. Wolf Award, for performing pro bono, or no-fee work, in public interest law.

Read More about Mr. Morse and other attorneys recognized by the Committee

If you would like to support ACC's Disaster Relief Fellowship, please contact Susan Hackett at hackett@acc.com, or Eve Runyon at runyon@acc.com. Every $75,000 ACC raises will place another Fellow on the ground where pro bono services are desperately needed. If you would like to make a contribution toward this fellowship fund, contact LeAnna Hart Gipson at Equal Justice Works at lgipson@equaljusticeworks.org.

Silicon Valley Companies Looking for a Few Good GCs

Jessie Seyfer, of The Recorder, writes about the worlds biggest tech companies and their scramble to fill leadership positions within their legal departments. Click here to read more.

Does it Matter How They Spend Their Money?

In a story covered by law.com, a New Jersey judge has ordered Merck & Co. to release records documenting how much it spent on a trial involving its Vioxx painkiller. Outside counsel for Merck disagreed with the judge's decision and stated that what defense lawyers spend has no relation to plaintiffs lawyers' expenses. But since the order was made as part of the discovery process, Merck couldn't appeal.

Merck has reserved $970 million for legal costs and spent $285 million of that last year. So, how much was spent on litigating whether Vioxx caused the victims heart attacks or the consumer fraud issue?

Read this article on law.com

ACC's Annual Meeting

The ACC Annual Meeting is less than a week away. The office is a buzz with activity, as we prepare to journey across the country to meet our members. This will be my second Annual Meeting, and I must say, I'm more than excited. It's always such a pleasure to get out of the office and meet the membership. It gives me a chance to find out what it is you're looking for from ACC Online. My ears are always open--what do you want to see more of on our site? How do you like our recent website redesign? How can we make your visit to acc.com more productive? Looking forward to seeing some old faces and meeting some new ones! See you in San Diego.

Nichole Opkins, Esq.

In the News: Tough Times for In-house Lawyers?

That's what the Wall Street Journal's Ashby Jones is reporting today on page A12. The story says that "at least seven general counsels...have left their jobs in the wake of a backdating investigation." You should be able to access this story on the WSJ's law page. (Registration may be required.)

Now, will someone remind the WSJ that counsel needs no "s" when plural? Thanks.

2006 ABA Survey: Lawyers More Mobile but Stuck on Basics

Lawyers are always on the go. Whether it's off to a contract negotiation or running to the courtroom we are always moving. And the technology that gives us the leverage to keep on top of what's going on back in the office, no matter where we are, is priceless. But are attorneys using it to the fullest extent possible?Read Laura Ikens article on attorneys and their technology woes at law.com in her article 2006 ABA Survey: Lawyers More Mobile but Stuck on Basics

In the News: Heineman on Public Policy

GE's Ben Heineman, one of the in-house counsel community's most noted members, discusses why transnational corporations need to be proactive in their public policy efforts. He explains GE's approach and identifies the roles of both in-house and outside counsel.

You can see his insights on--you guessed it!--law.com today.