New Developments In Successful Partnering

Friday, July 1, 2011 - 11:46

Effective partnering between inside and outside counsel enables corporate law departments to improve the quality and reduce the costs of legal services provided to corporate clients. The definitive source of expert guidance on partnering is the four-volume, 7,000 page treatise entitled Successful Partnering Between Inside and Outside Counsel which is a joint project of Thomson Reuters/West and the Association of Corporate Counsel (ACC). This critically acclaimed treatise contains comprehensive coverage of numerous strategies that a corporate law department can implement to maximize the value of legal work for corporate clients. The treatise provides detailed analyses of the advantages and disadvantages of each of these strategies as well as concrete, practical guidance for implementing each strategy.

The 275 authors of Successful Partnering include the general counsel of more than 80 Fortune 500 companies and the senior partners of many major law firms. The Editor-in-Chief is Robert L. Haig, a partner at Kelley Drye & Warren LLP in New York.

The 85 chapters in the treatise cover all aspects of corporate law department operations and management, 30 substantive law subjects, and all aspects of the relationships between inside and outside counsel. Each chapter is updated every year. The updates cover all of the important developments during the preceding year in the provision of legal services to corporate clients.

In addition to the annual updates, new chapters are added each year as new topics become increasingly important to corporate counsel. Eight new chapters were published in April 2011 to address rapidly evolving and important areas of corporate legal practice. Four of these new chapters are briefly discussed in this article.

Corporate Secretarial

The role of corporate secretary is far more expansive than company scribe, historian and official record keeper - though these are critical parts of the job. This new chapter analyzes the myriad responsibilities, roles and duties of a professional corporate secretary; discusses whether the corporate secretary should be within or closely aligned with the corporate legal department; provides suggestions for working with inside and outside counsel; and suggests guidelines to assist both the corporation and the corporate secretary in navigating the corporate governance landscape as it directly applies to the roles of the corporate secretary. This new chapter was written by William B. Solomon, General Counsel, Ally Financial Inc., and Michael A. Nemeroff, Vedder Price PC.

Immigration

In our increasingly global economy, corporate counsel encounter numerous immigration issues, including securing temporary work visas for new hires and intracompany transfers, securing foreign visas for U.S. employees, sponsoring foreign employees for permanent resident status, dealing with terminations or furloughs of foreign national employees, the effects of corporate restructures on existing temporary work visas and pending green card cases, and avoiding or mitigating immigration compliance and related employment law risks. This new chapter also covers how corporate counsel identify outside immigration counsel needs and select the appropriate partner outside immigration counsel or firm. This new chapter was written by Mark I. Williams, Vice President, General Counsel and Secretary, Michelin North America, Inc., and Jay C. Ruby, Ogletree, Deakins, Nash, Smoak & Stewart, PC.

Insurance For Business Disruptions And Other First-Party Claims

This new chapter addresses the roles of inside counsel and outside counsel in procuring insurance coverage to protect against property losses and the economic consequences of major business disruptions, and in pursuing insurance recoveries after losses are incurred. It begins with an explanation of the types of first-party insurance that are obtained by most companies, discusses the role of counsel in the selection and procurement of coverages and in the pursuit of insurance recoveries, and provides practical advice for avoiding pitfalls that could result in a company not having, or not being able to recover under, insurance that is needed to protect against property losses and business disruptions. This new chapter was written by Randall G. Wick, Senior Vice President and General Counsel, Emulex Corporation, and Finley T. Harckham, Anderson Kill & Olick, PC.

International Trade

The treatise also includes a new chapter on international trade. As the authors note, when a competitor's prices are low enough to suppress a corporation's prices or to cause sales to be lost, counsel may be asked whether there are legal remedies available. If a company is a domestic manufacturer and the low-priced competitive goods come from a foreign country, this new chapter discusses how to determine whether a remedy is available, including who may avail itself of the remedy, as well as what are the considerations of pursuing the action. The chapter primarily is directed at corporations that may want to avail themselves of the laws to fight low-priced competition, but also offers guidance to companies that find themselves as respondents in such trade-remedy cases. This new chapter was written by Paul M. Liebenson, General Counsel, ArcelorMittal USA, and Paul C. Rosenthal, Kelley Drye & Warren LLP.

More information about Successful Partnering Between Inside and Outside Counsel is available by calling West at (800) 344-5009 or online at www.west.thomson.com.