Counsel to Counsel - May 2008 - (Page Cover2) letter from martindale contributor profiles Phyllis F. Granade Shareholder, Carlton Fields Establish and rehearse your company’s data theft response process before a breach occurs. These are difficult times for many companies, but such times usually call the legal function to the fore. It’s clear that the current economic slowdown has put real strain on corporations. The cash crunch has tightened business lending and made restructuring a more challenging process. Mergers and acquisitions are stressed when the economic outlook dims and deals can fall apart at the closing table. Even climate change is complicating the maze of regulations companies face. But adversity is an opportunity to add value. The articles in this issue of Counsel to Counsel are full of insight for counsel to draw on as they guide their companies through this tumultuous environment, and even contribute to the bottom line along the way. Please share your thoughts with us at counseltocounselmag@ martindale.com. Deborah Sorell Stehr Senior Vice President, Business Affairs and Licensing, Iconix Brand Group, Inc. Introduce continuing education programs that benefit both new and existing board members. Evan M. Tager Partner, Mayer Brown LLP Archis A. Parasharami Associate, Mayer Brown LLP To sustain a court challenge, contractual arbitration provisions must be fair to all parties. Michael O’Neill Senior Vice President and General Counsel, Lenovo Michael Walsh President and CEO Kevin Hughes Assistant General Counsel, Lenovo On the cover: Pictured from left are Stephen H. Sutro, Lisa Siegel and George D. Niespolo, Duane Morris LLP; Gerald P. “Gerry” Kenney, NEC Corporation of America. Cover photo by Holly Kuper. Story on page 4. InsideCounsel 222 S. Riverside Plaza, Suite 620 Chicago, IL 60606 calfred@insidecounsel.com 312-651-0345 LexisNexis® Martindale-Hubbell® 121 Chanlon Road New Providence, NJ 07974 counseltocounselmag@martindale.com 800-526-4902, ext. 2156 Fight counterfeiting with a monitoring and response program that leverages existing resources. Counsel to Counsel is published as a supplement to InsideCounsel, 222 S. Riverside Plaza, Suite 620, Chicago, IL 60606. Copyright 2008 by LexisNexis. All rights reserved. No reproduction of any portion of this supplement is allowed without written permission from LexisNexis. The views expressed herein are the views of the contributing author(s) and do not necessarily reflect those of LexisNexis or its affiliated companies. LexisNexis, the Knowledge Burst logo, Martindale-Hubbell and martindale.com are registered trademarks of Reed Elsevier Properties Inc., used under license. © 2008 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Joanne M. Vorpahl Partner, Porter & Hedges LLP Under specific circumstances, the federal government does permit workplace English-only policies. http://www.martindale.com
Table of Contents Feed for the Digital Edition of Counsel to Counsel - May 2008 Counsel to Counsel - May 2008 Contents Harassment Policies NEC Corporation of America and Duane Morris LLP Lost or Stolen Data: Minimizing Fallout On-Boarding the Board Drafting Fair, Efficient and Enforceable Arbitration Agreements Responding to Counterfeit Products Crafting an English-Only Workplace Policy Distressed Debt: New Players, Global Sophistication Make Restructuring More Complex IP Confidential: Plan Ahead, Act Fast to Protect Your Trade Secrets Adverse Changes: Think Ahead in a Strained M&A Market Optimizing Web 2.0 Technology: Expanding Your Professional Network Union Pacific Railroad Company and Patton Boggs LLP Warming Warning: Develop Your Climate Change Strategy Now Risk Sharing: Expect New Obstacles and Expenses in Syndicated Loans E-Discovery in Action Diversification at the Gate Energy Counsel to Counsel - May 2008 Counsel to Counsel - May 2008 - Counsel to Counsel - May 2008 (Page Cover1) Counsel to Counsel - May 2008 - Counsel to Counsel - May 2008 (Page Cover2) Counsel to Counsel - May 2008 - Contents (Page 1) Counsel to Counsel - May 2008 - Harassment Policies (Page 2) Counsel to Counsel - May 2008 - Harassment Policies (Page 3) Counsel to Counsel - May 2008 - NEC Corporation of America and Duane Morris LLP (Page 4) Counsel to Counsel - May 2008 - NEC Corporation of America and Duane Morris LLP (Page 5) Counsel to Counsel - May 2008 - NEC Corporation of America and Duane Morris LLP (Page 6) Counsel to Counsel - May 2008 - Lost or Stolen Data: Minimizing Fallout (Page 7) Counsel to Counsel - May 2008 - On-Boarding the Board (Page 8) Counsel to Counsel - May 2008 - Drafting Fair, Efficient and Enforceable Arbitration Agreements (Page 9) Counsel to Counsel - May 2008 - Responding to Counterfeit Products (Page 10) Counsel to Counsel - May 2008 - Crafting an English-Only Workplace Policy (Page 11) Counsel to Counsel - May 2008 - Distressed Debt: New Players, Global Sophistication Make Restructuring More Complex (Page 12) Counsel to Counsel - May 2008 - Distressed Debt: New Players, Global Sophistication Make Restructuring More Complex (Page 13) Counsel to Counsel - May 2008 - IP Confidential: Plan Ahead, Act Fast to Protect Your Trade Secrets (Page 14) Counsel to Counsel - May 2008 - IP Confidential: Plan Ahead, Act Fast to Protect Your Trade Secrets (Page 15) Counsel to Counsel - May 2008 - Adverse Changes: Think Ahead in a Strained M&A Market (Page 16) Counsel to Counsel - May 2008 - Adverse Changes: Think Ahead in a Strained M&A Market (Page 17) Counsel to Counsel - May 2008 - Optimizing Web 2.0 Technology: Expanding Your Professional Network (Page 18) Counsel to Counsel - May 2008 - Union Pacific Railroad Company and Patton Boggs LLP (Page 19) Counsel to Counsel - May 2008 - Union Pacific Railroad Company and Patton Boggs LLP (Page 20) Counsel to Counsel - May 2008 - Union Pacific Railroad Company and Patton Boggs LLP (Page 21) Counsel to Counsel - May 2008 - Warming Warning: Develop Your Climate Change Strategy Now (Page 22) Counsel to Counsel - May 2008 - Warming Warning: Develop Your Climate Change Strategy Now (Page 23) Counsel to Counsel - May 2008 - Risk Sharing: Expect New Obstacles and Expenses in Syndicated Loans (Page 24) Counsel to Counsel - May 2008 - Risk Sharing: Expect New Obstacles and Expenses in Syndicated Loans (Page 25) Counsel to Counsel - May 2008 - E-Discovery in Action (Page 26) Counsel to Counsel - May 2008 - E-Discovery in Action (Page 27) Counsel to Counsel - May 2008 - Diversification at the Gate (Page 28) Counsel to Counsel - May 2008 - Diversification at the Gate (Page 29) Counsel to Counsel - May 2008 - Diversification at the Gate (Page 30) Counsel to Counsel - May 2008 - Energy (Page 31) Counsel to Counsel - May 2008 - Energy (Page 32) Counsel to Counsel - May 2008 - Energy (Page Cover3) Counsel to Counsel - May 2008 - Energy (Page Cover4)
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