LEGAL
Technology, increased regulations, and globalization are all speeding up the pace of change in the legal industry. Keeping up is a constant challenge, but imperative for any corporate counsel. And that's where the Association of Corporate Counsel comes in. Resources and events held by the ACC, like the upcoming Annual Meeting being held October 28 – 31, are ideal to keep on top of the trends and in touch with colleagues. Corporate Counsel Connect had the chance to speak with ACC's General Counsel, James (Jim) Merklinger, on some of the biggest trends affecting corporate legal departments, what ACC has to offer regarding this month's topic of employment and human resources, and what to expect at this year's Annual Meeting.
The role of corporate counsel continues to evolve, as validated in a December 2013 ACC survey. As the role of GC expands to managing tight resources, counseling CEOs and boards, and helping shape strategy, the traditional training provided in law school or in a law firm is no longer enough. The study explored the "changing role of the general counsel by documenting its evolution and predicting the skill sets that will be required for future general counsel to be successful." Using information gathered from the study, ACC developed the Executive Leadership Institute, or as Jim described, a "master class for the next generation of general counsel." This intimate week-long event took the findings from the survey and applied them directly, helping train the next generation of GCs with the skills to help them succeed. Topics discussed included working with the Board of Directors, what CEOs look for in a general counsel, the strategic planning role of the general counsel, ethics challenges general counsel face, and strategic and crisis communications. "It was very well received. We plan to continue to put on this program," states Jim.
In order to support member efforts, ACC has also increased the number of meetings they hold with regulatory agencies, such as the SEC, DOJ, Consumer Financial Protection Group, and others. The ACC library continues to grow with added materials and resources. ACC is also continuing to track the corporate counsel right to practice, and the differences between the various jurisdictions in these regards.
ACC has also undertaken research looking at the shift in its own demographics. As baby boomers continue to reach retirement age, members of Generation X move up to fill these vacancies. However, their study shows a growing proportion is from the even younger Generation Y. This new trends is due in part, according to Jim, to lawyers spending less time at law firms before making the switch to in-house. These are important trends to watch moving forward, and to respond to, in order to ensure they are meeting member and industry needs.
One gets the impression that Jim could speak for several hours about employment law issues, and do it all enthusiastically. It becomes very clear as he delves into the complications surrounding mergers, international issues, data privacy, and so much more, that a several hour conversation would barely scratch the surface of the concerns facing corporate counsel.
Fortunately employment law is a focus for ACC, with "one of our largest committees working on it," Jim says. Issues addressed by ACC include conducting employment investigations and data privacy regulations. However, this is made much more difficult because employment issues are subject to multiple jurisdictions, and often global jurisdictions. "What is valid in one country is not the same in another," shares Jim, adding "they keep changing the rules all the times."
International mergers highlight the complexity faced by corporate counsel handling employment law issues. Policies that may seem commonplace in the U.S., like termination conditions, are different throughout the world and vital to understand. "In some countries, people truly are an employee for life regardless. Other areas are much like the U.S.," explains Jim. As more businesses become global, the ACC is seeing more immigration attorneys added to in-house staffs to keep up with these issues and to facilitate the movement of employees to various offices worldwide.
Another concern dealt with by corporate counsel is the technology designed to help employees be more efficient. Specifically, the bring your own device (BYOD) issue has become quite hot. A non-exempt employee checking their work e-mail on their own phone at night can create a legal headache when it comes to overtime. "Think of data privacy," says Jim. He launches into an anecdote of his early years as a law clerk.
"Of course, there was no internet. I worked in a commercial bank, and we were cutting edge. We would back up data on these disks that were, literally, the size of a manhole cover. Nobody was going to smuggle that out in their pants. Now you don't even have to put data on a jump drive, you just have to e-mail it out."
Many of these subjects are covered in a full track dedicated to employment and labor at the ACC Annual Meeting. Sessions range from data protection, expat assignments and global workers, international termination policies, and even the legal aspects of fantasy league play in your organization. There is an impressive list of speakers coming in to talk about this very subject, with corporate counsel from Best Buy, Home Depot, DHL, Under Armor, and many familiar law firms. The ACC Employment & Labor Committee will be presenting on 2014 top ten trends and issues in employment and labor law, featuring representatives from Jackson Lewis, Consolidated Edison Company of New York, Inc, Freddie Mac, and the national Labor Relations Board (NLRB). Jim is particularly looking forward to hearing from the NLRB as they have "been issuing a lot of opinions where they have not said much in the past. It will be interesting to hear from them."
The ACC Annual Meeting is coming in less than a month, to be held in New Orleans October 28 – 31. In addition to an excellent program on Employment and Labor, the ACC Annual Meeting has 11 other tracks, ranging from Compliance and Ethics to Health Law to Technology. Attendees can choose from over 100 CLE/CPD programs in these specialized areas. Special events are being held for Chief Legal Officers. Keynote speaker Geoff Colvin will speak on talent being overrated, and how your organization can adopt behaviors to encourage greatness in all employees.
For many, one of the key aspects of the meeting is the chance to meet and network with other corporate counsel. Jim brightens as he speaks about the unique opportunity to meet with counsel from literally around the world, and is very excited to have a couple thousand of the globe's top attorneys converge in Louisiana. "New Orleans is a fun place," says Jim. "It will be a great meeting."
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