3rd Quarter - Association of Corporate Counsel
Transcripción
3rd Quarter - Association of Corporate Counsel
Inside 3Q2012 2...Contests, Sweepstakes, Lotteries 5...Dennett Enjoys Internships with Delta and ADP 6...Member Spotlight: Matthew Schwartz 7...Home Depot Legal Dept. Named a 2012 Value Champion 8...30 at 30 9...Five Must-Have Mobile Apps for In-house Counsel 10...Photos: Corporate Counsel Awards 12...Upcoming Events & .Welcome New Members! focus President’s Message Martha McMillin Successful inaugural Corporate Counsel Awards It was a pleasure for the Association of Corporate Counsel–Georgia (ACC-GA) chapter to partner with the Atlanta Business Chronicle to produce our first Atlanta Corporate Counsel Awards, designed to recognize the outstanding performance of the leading corporate counsel in our area. The Atlanta Business Chronicle is read by business leaders, so this was a great opportunity to publicize the talents and value of in-house counsel. There were many worthy nominees and the selection process was difficult. Many thanks to those who took the time to submit thoughtful nominations and congratulations to the winners and finalists who were honored at our June chapter luncheon, featured in the June 15 issue and listed in the adjacent side bar. Monique McNeill, Commercial Counsel at Novelis Corporation, is the Vice-President of our chapter’s Communications Committee and did an outstanding job in working with the team from the Atlanta Business Chronicle to formulate these awards. Many thanks to Monique and her committee members (Joe Freeman, Assistant General Counsel, Cox Communications, Inc.; Matt Schwartz, Executive VicePresident and General Counsel, Caucho Technology, Inc.; Kara Hindrichs, Counsel, LexisNexis; and Rachel Gervin, Vice-President and Deputy General Counsel, Sage) for their good work, dedication, and care in selecting the finalists and winners in the seven categories. Kudos also to John Tanner, Senior Vice President & Division Counsel, Financial Services Division, of McGriff, Seibels & Williams, Inc. and Kelly Wilcove, Senior Counsel, Assurant, Inc., for their valuable contributions in the planning portion of the awards. These volunteers have full plates at work and home so it is most gratifying that they made time to do this good work. Home Depot recognized as ACC Value Champion On June 21, the Association of Corporate Counsel announced the 2012 “Value Champions”, five in-house law departments and seven law department/law firm collaborations that have delivered substantial contributions to their clients through value focused legal management skills. It is a pleasure to report that The Home Depot legal department received this honor, because in “combining fixed fee retainer programs with additional efficiency measures across a wide array of portfolios and matter types, Home Depot has cut spending in half over four years.” ACC 6/21/12 Press Release. Sixty one nominations from around the world were considered by a distinguished panel so it is a significant accomplishment for our hometown colleagues to receive this recognition. But it is not a surprise — attorneys from The Home Depot have presented on this topic at CLEs for our chapter and we appreciate their support (CLE presenters Tom Best, David Steele, and Stephanie Aferiat and Board Member Wanda Morris, Vice-President, Programs continued on page Contests, Sweepstakes, Lotteries and Everything in Between By Sabrina L. Bosse, Assistant General Counsel, ACC Not too long ago, I was asked, as in-house counsel for ACC, to evaluate a proposal for a sweepstakes that ACC would run as part of its larger celebratory efforts to recognize its upcoming 30th year anniversary as an organization. For those who aren’t familiar with the complexities of sweepstakes and gaming laws, seemingly innocuous activities — e.g., awarding a Starbucks gift card to members who complete an online crossword puzzle — can trigger concerns over proper compliance with a variety of state and federal laws. Most people, including many in-house counsel, do not know that sweepstakes, contests and lotteries are all legally distinct activities, and that the distinction can be the difference between conducting a legal and an illegal activity. So, if your organization is contemplating any type of promotion, you need to ensure you understand not only the key differences among these three types of activities, but also the key legal and regulatory requirements for properly conducting each type of activity. increase sales or to garner participation, the first step is to understand what type of activity you will be conducting. Lotteries, sweepstakes and contests are defined — and thus best distinguished — as follows: Promotion law is quite complex due to the myriad laws and regulations from both the state and federal level, which include lottery laws, prize notification and registration laws, in addition to state and federal laws regarding how these promotions are advertised. There are further complications where a promotion involves certain regulated products, such as alcohol, tobacco, or dairy products, in which case, the promotion may be subject to certain state laws. Similarly, online promotions involving platforms like social media sites or that collect personal data have created a whole new layer of legal implications and attendant complexity. Moreover, because each US state has its own gaming/sweepstakes laws, a promotional activity involving residents of more than one state must comply with the laws of all states involved. Chance is defined as “any part of the selection process that is beyond the judgment or control of the participant.” In other words, a game/ activity of chance means that the participants have no control over who wins. Examples include random drawings, instant-win cards and scratch cards. Some activities involve both skill and chance, such as guessing the number of jellybeans in a jar. In these situations, it must be determined whether “chance” is the dominant factor (or the material factor) in selecting the winner. For example, in a “Fast 100” promotion, in which the first 100 to respond will win, chance is the dominant factor for winning. If chance is determined as the dominant factor, your promotion may be considered illegal. While this may seem daunting, the good news is that there is now an established framework and jurisprudence for conducting promotions. So, in an effort to help you navigate through the labyrinth of rules and regulations, here are some suggestions for approaching your next planned promotion. I. Categorize the planned activity: Is it a lottery, sweepstakes or contest? If you are contemplating any type of promotional activity, whether it’s to promote a product, to drive interest in a new service, to Georgia Chapter FOCUS 3Q12 • Lottery = Prize + Chance + Consideration • Sweepstakes = Prize + Chance + No Consideration [Note: Consideration can be included only if there is also a free AMOE.] • Contest = Prize + Skill/Ability + Consideration (optional) [No chance] A lottery consists of three elements: 1. A prize being awarded; 2. Chance (the winner is chosen by chance); and 3. Consideration given to participate. A prize is defined as “anything of value offered as an inducement to enter,” and can include cash, merchandise, coupons/vouchers and even discounts. Consideration within the promotions context can be a bit nebulous, as the definition varies across jurisdictions. However, in general, consideration is understood to be something of value that participants must pay, stake or risk in order to participate in the game. Most states define consideration as a purchase or payment or the expenditure of “significant effort.” However, some states’ statutes limit the definition of consideration to the payment of money only, such as the payment of an entry fee (e.g., “pay to play”), the purchase of a product or service, and even the postage for entry (i.e., Vermont). These examples are considered types of “monetary consideration.” In contrast, other states’ definitions of consideration include non-monetary acts or items, such as the expenditure of significant time or effort, or the disclosure of otherwise proprietary information. These are referred to as “non-monetary consideration.” Examples of “significant effort” include traveling to a location, multiple store visits, completion of a lengthy survey, disclosure of personal information, waiver of legal rights (e.g., waiving do-not-call right) and attending a sales presentation (which is separately regulated in some states). Finally, skill/ability requires use of a bona fide talent. Examples of “genuine skill” include athletic ability, knowledge-based games, and creative skills (e.g., consumers create their own advertisement for a product, and the most innovative advertisement wins). II. Understand the significance: Lotteries are illegal; properly-run sweepstakes and contests are legal. A. Lottery = Prize + Chance + Consideration Illegal! So, you are probably wondering why all of these technical definitions and distinctions matter to in-house counsel. The essential differentiator for in-house counsel to remember when contemplating any promotional activity is that lotteries are illegal unless you are a state or state agency or church (Note: Even charitable raffles run by a church may require permits and registration.), while sweepstakes and contests, provided they are conducted properly, are legal activities for organizations. Therefore, if you find your activity contains the three elements of a prize, chance, and consideration, and you are not an authorized lottery provider, you will need to change your approach immediately. B. Sweepstakes = Prize + Chance + No Consideration [Consideration can be included only if there is also a free AMOE]. A sweepstakes is a legal promotional activity that involves a prize and chance as the determinant of the winner; however, there is either no consideration required to participate or to win, or it provides a free alternate method of entry (AMOE). As such, the most complex element in running a legal sweepstakes is ensuring that when the activity involves some form of consideration to enter for a chance to win, the sweepstakes sponsor must also ensure it is providing a free continued on page continued from page AMOE that is as equally plausible and viable for winning. This concept is termed “the equal dignity” doctrine and must be reflected in the Sponsor’s Sweepstakes Rules (suggested content for Sweepstakes Rules is provided below). “Equal dignity” requires that the AMOE provides entrants with an equal chance to win (same odds) and is not too onerous. In other words, the “free” and the “paid” entries must be treated the same way. Examples of acceptable AMOE include: • providing a toll free number to call to enter; • mailing a postcard; • sending an email submission; and • entering online (on website) Note: Online version must not be overly cumbersome/lengthy as compared with main consideration method. To avoid violating the equal dignity doctrine, avoid the following things when providing an AMOE in your sweepstakes: • different deadline dates; • different prize pools; • insufficient number of free-entry method; • different entry limits; • requiring more burdensome entry method for free entrants; and • in-store promotions must have an in-store AMOE and posted rules (i.e., New York). Have you ever wondered why, at the end of a commercial advertising a sweepstakes, a speaker will state, “No purchase necessary. Void where prohibited”? The reason for the announcement is because the AMOE must be clearly and conspicuously stated in all advertisements, and some states even require that the AMOE be explicit and appear (for printed advertisements) in no smaller than ten-point font (e.g., Colorado Statute). In addition, for those sweepstakes where a consumer is automatically entered by simply purchasing a product in-store, the AMOE must also comply with the “Equal Prominence Doctrine,” which requires that the AMOE be displayed in the same manner as the consideration entry method. For example, in the print advertisements, the AMOE should not be buried in fine print, while the purchase method of entry is highlighted in the ad. C. Contest = Prize + Skill/Ability + Consideration (optional) [No Chance] A contest is another legal promotional activity that involves a prize and consideration (consideration may or may not be required to participate), but the winner is selected based upon skill/ability and not upon chance. The defining characteristic of a contest is that it is an activity whose winner is determined solely by skill, ability or a “bona fide” talent and not by a random selection (chance). However, there are many activities that the courts have held are not contests, so, again, be cautious of how you structure the contest. The following additional points will help you in operating your contest: • Skill must determine the outcome/winner. • Examples of “genuine skill” include athletic ability, knowledge-based games, creative skills (e.g., Consumers create their own advertisement for a product, the most innovative advertisement wins). • If there is a tie, make sure the tiebreaker is not decided by chance; it must be determined by skill. • There must be clearly defined judging criteria, and entrants must know the standard of skill. • Entries are evaluated based upon predominantly objective criteria (rather than subjective). • Examples of good criteria: originality, grammar, humor, relationship to product and dramatic interpretation • Examples of bad criteria: “Best” or “Judge’s Favorite” • Judges must be qualified to apply the judging criteria. All of the above elements should, like the sweepstakes, be reflected in written official contest rules to ensure proper compliance. These Rules serve as a contract with the entrants. Finally, unlike sweepstakes, a contest may require either paid consideration, such as an entrance fee (permitted in most states), or nonmonetary consideration, such as substantial effort to enter (e.g., completing difficult trivia questions, show of skill or workmanship) and cost of materials (e.g., cooking contest, video contest, etc.). III. Summary Checklist The following is a brief summary checklist I have devised to help you when developing your next promotional activity: 1. Is there a prize being awarded? • If there is no prize involved, then you have no further concerns regarding illegal lotteries. • However, sometimes things as simple as game pieces have been considered a “prize” within this context — so be careful. 2. How is the winner(s) being selected — does it materially involve an element of chance? 3. Is consideration required to participate? • Is there monetary consideration or nonmonetary consideration? If all three of the above elements are present in your planned promotion, then you must determine how you can eliminate at least one of these elements to avoid running an illegal lottery. 1. Eliminating the consideration requirement — provide AMOE and equal dignity. a. Activity will then be a sweepstakes; b. It must have written rules that are accessible; and c. AMOE must be clear and conspicuous. 2. Eliminating the chance element — it will have to be a contest based upon skill. a. Activity must have official written rules; b. It involves clear skill, ability or talent (e.g., spelling bees, athletic competitions, chess competitions, etc.); c. There exist clear, objective standards for winning; d. Judges are qualified to evaluate; and e. Ties are decided based upon skill, not chance. 3. Eliminating the prize — however, this usually defeats the purpose of the promotion. While there are many more permutations in sweepstakes law, if you are contemplating running a contest or sweepstakes, I hope you now have at least a framework from which to begin devising your promotional plans. As the typical lawyer, I will caution you to make sure you research the specific state law for your planned activity and, of course, review more in-depth materials before you roll-out your next sweepstakes. But most important, I wish you the best of luck! If you have questions or comments, please feel free to contact me directly at: bosse@acc. com, or you can contact the Legal Resources Department at: [email protected], 1.202.293.4103 x456. (Sources: ACC Legal Quick Hit, Advanced Sweepstakes, by Nerissa Coyle McGinn, Loeb & Loeb (Dec. 2011), at http://webcasts.acc. com/detail.php?id=701754&go=1; ACC Annual Meeting Presentation, Online Advertising, Contests, & Sweepstakes, by Linda Daniel-Seal & George J. Straschnov (Oct. 2006,) available at www.acc.com/legalresources/resource. cfm?show=20097; ACC QuickCounsel: Contests, Sweepstakes, Lotteries and Everything In Between: U.S. Promotions Law, by Sabrina L. Bosse (Sept. 2012) (publication forthcoming at www.acc.com/quickcounsel). continued from page Committee). Congratulations to The Home Depot legal department for achieving this honor and to Stephanie for spearheading the winning nomination and providing the article in this issue. Member Spotlight It is a pleasure to spotlight Matt Schwartz this quarter as his contributions to our chapter are significant. He served three years on our Board as Secretary and as Vice-President of the Outreach Committee. He conceived of and executed the successful ACC Hot Seat Tournament several years ago where Georgia law students played the role of a general counsel. We appreciate Matt’s contributions to our chapter and are glad to highlight his good work. and Law: How Work — Even Legal Work — Can Become More Fun, Creative and Efficient.” Technology Issues Featured Technology legal issues are of great interest to our members. When we have programs on these topics, they sell out immediately. Such was the case with our June program, where the law firm Gonzalez, Saggion & Harlon presented “Emerging Trends in Intellectual Property: What Every In-House Lawyer Should Know” and our summer special Braves game CLE sponsored by Nelson Mullins Riley & Scarborough on “Transforming Communications, Relationships and Professionalism in Business As a special benefit in this issue, Creighton Frommer has provided an article on useful apps for attorneys, “Five Must-Have Mobile Apps for In-house Counsel”. Creighton is a most valuable at large member of our ACC-GA Board. He has volunteered to take photos at each of our monthly chapter events, something that adds so much to the visuals of our activity. As Corporate Counsel, Intellectual Property at Reed Elsevier, his legal duties revolve around technology issues so we are fortunate to have his skill in filtering applications that are of the most use to in-house attorneys. 2012 ACC-GA CORPORATE COUNSEL AWARDS Lifetime Achievement: Teresa Kennedy, Associate General Counsel, Cox Communications, Inc. Outstanding General Counsel, Large: Loretta Cecil, Senior Vice-President and General Counsel, McKesson Technology Solutions Finalists: Deborah Kuper, Vice-President, General Counsel and Corporate Secretary, AGCO Corp.; Steven W. Smith, Senior VicePresident and General Counsel, Americas, Intercontinental Hotels Group Plc Outstanding General Counsel, Medium: Jim Reed, Chief Legal Counsel, North and Central Americas Region, YKK Corporation of America Finalists: David Quillian, Vice-President and General Counsel, PrimeRevenue Inc; Kristen McGuffey, Executive Vice-President and General Counsel, Simmons Bedding Co. Outstanding General Counsel, Solo: H. Eric Hilton, Senior Vice-President, Corporate Secretary, and General Counsel, H.J. Russell & Co. Finalist: Anne Hicks, General Counsel, Georgia Transmission Corp. Diversity Champion: Charemon Grant, Managing Associate General Counsel, Blue Cross Blue Shield of Georgia Health Plan, Wellpoint Finalist: Dorian Denburg, General Attorney, AT&T Community Champion: Timothy Phillips, Interim Chief Counsel, American Cancer Society Finalists: Teri McClure, General Counsel and Corporate Secretary, United Parcel Service, Inc.; Elizabeth Finn Johnson, Senior Counsel, Employee Relations, The Coca-Cola Co. Rising Star: Kali Beyah, General Attorney, Delta Air Lines Finalist: Annalisa Bloodworth, Associate General Counsel, Oglethorpe Power Corp. Georgia Chapter FOCUS 3Q12 Board Resignations While happy for their good moves, I am sad to report that several Board members have submitted their resignations. Amy Loggins, Vice-President, Membership is returning to private practice at the law firm Taylor English. Keith Henderson, At-Large Board member, is moving to Washington, D.C. to manage compliance at Fannie Mae. Monique McNeill, Vice-President, Communications, is scaling back her activities in preparation for the birth of her first child. All three have made valuable contributions to our chapter and served well on the Board. I will miss their good energy, enthusiasm, and hard work. Under our chapter bylaws, the Board will vote for their replacements. I hope this finds you all enjoying the beginning of fall and planning to attend the ACC Annual Meeting. Dennett Enjoys Internships with Delta and ADP By Adam Dennett Now in the seventh week of the ACC Georgia Summer Law Internship program, I find myself in the enviable position of having worked for two extraordinary companies: Delta Air Lines, Inc. and ADP, Inc. If you asked me back in June what I thought my summer would be like, I would have said I’d be crunching numbers in Excel, reading pages upon pages of contracts, and doing research on topics that were of little value to the company — all under the watchful eye of a mentor who worked from 9 am to 5 pm. I would have been wrong. and it is thanks in large part to my host attorney, Jacki Green. Jacki, an experienced ERISA attorney, has graciously taken me under her wing and has gone above and beyond to make me feel welcomed with several attorneys in both the Atlanta and Miami offices on projects and research related to compliance, health care reform, risk management, and corporate security. I started working for Delta on June 4, and I hit the ground running. My first day started with preparation for the upcoming shareholders meeting, sitting in on the closing call for Delta and AeroMexico’s strategic commercial alliance, and touring the administrative buildings, airplane hangars, and Delta Museum. (For anyone who hasn’t been to the Delta Museum or seen the Spirit of Delta, I would highly recommend it; the museum is open to the public). Kali W. Beyah, my host attorney and mentor, could not have been more knowledgeable, personable, or sedulous. If my future bosses are anything like Kali, I am in for a very fulfilling and worthwhile career. Since Delta’s legal department consists of many different practice areas, I had the opportunity to work on issues related to corporate governance and SEC filings, employment, real estate, litigation, and aircraft finance. I completed assignments ranging from asset/business acquisition filings, to aircraft and engine insurance and small commercial disputes. I could not have asked for a more well-rounded experience at Delta, and I am excited to say that I will be continuing with Delta this fall in an externship capacity. My second week at ADP has proven to be even more enriching than my first week, ACC-Georgia Summer Intern Adam Dennett with colleagues Danielle Early and Sumita Dalmia on a Delta Air Lines worldport tour. and appreciated at ADP. Jacki, who spent several years working in banking before attending law school, has shown me the significance of having a background in business operations in addition to a knowledge of the law. Some of the lessons Jacki has imparted include the importance of balancing your work and professional life, constantly challenging yourself, getting buy-in and treating your co-workers with respect, and never being afraid to ask questions. A day at ADP is not complete without one of Jacki’s acronym reminders for the CAWTPA, EPLI, FMLA, or PPACA. I have been fortunate to work I would like to thank all of the members of the ACC Georgia, especially the Outreach Committee, for making this opportunity possible. The experiences I have had thus far will certainly leave an indelible mark on my professional career. I hope to one day show my gratitude to the ACC Georgia by being a host attorney for a deserving intern in the summer law program. Adam Dennett will start his second year of law school at the Emory School of Law this fall. ACC-Georgia Member Spotlight: Matthew Schwartz 1. Where do you work? Caucho Technology, Inc. (a software development company based in San Diego, CA) 2. What is your job title and what are your duties? Executive Vice President & General Counsel As General Counsel, I am responsible for addressing all of the company’s legal issues which primarily include negotiating transactions, protecting the company’s IP portfolio, human resources compliance and general corporate management. As Executive VP, I am intimately involved in the company’s strategic planning and alliance building initiatives. 3. Please describe the legal department at your company. You’re looking at it … but I have two support staff. 4. How did your career path lead to an in-house role? I hung a shingle upon passing the California Bar and practiced in my own firm for several years. One of my clients started a software business fourteen years ago with no money and I was its attorney from inception. I incorporated it, drafted its contracts, protected its IP, and basically looked out for the company. It has since grown exponentially. When the time came to hire a full time attorney, there was only one person they wanted to hire. 5. What do you most enjoy about your work? I enjoy working with a very gifted and diverse team at our company. I like hav- Georgia Chapter FOCUS 3Q12 ing dual roles in both legal and business affairs. I am fortunate to have a lot of independence, and I get to travel to San Diego a few times a year. 6. What is most challenging about your work? Keeping up with the technology and understanding how it impacts our business 7. What has been your biggest accomplishment at your company? Aside from closing various large transactions with Fortune 100 companies, I think my most critical work so far has been protecting the company’s trade secrets in litigation and beyond. 8. How long have you been a member of ACC-Georgia? Ever since I moved to Georgia in 2007. (I had been a member of the ACC So-Cal chapter for three years before that) 9. What are the best benefits of ACCGeorgia membership? The sponsored CLE programs are extremely informative and they help you stay ahead of the curve on new business trends and legal issues (and it doesn’t hurt when these programs are conducted at the 755 Club at Turner Field). 10. Now for some personal questions: • Your favorite burger is from: the Varsity? Or Flip? Flip. • Dog person or cat person? Dog. (We have a 2-year old Doberman named Xena) • Morning person or evening person? Evening. • Krispy Kreme or Dunkin’ Donuts? Dunkin’ Donuts! • Boiled peanuts: Thumbs up or thumbs down? Thumbs down, sorry. I’m originally from New York. (Pretzels, please.) • Favorite non-profit? National Foundation for Autism Research • Favorite Activities? Softball, racquetball, hiking, and home improvement projects. • Favorite Films? Godfather I & II, Raiders of the Lost Ark, Lord of the Rings, Gran Torino, The In-Laws (1979 version), Casablanca, Goodfellas, Pulp Fiction, Monty Python films, A Fish Called Wanda • If you could go anywhere in the world for free for two weeks, where would that be? Italy • If you were not a lawyer, what would be your alternate career path? Film & Television Production Home Depot Legal Department Named a 2012 Value Champion By Stephanie Aferiat1 On June 21, 2012, ACC announced 12 winners of its 2012 Value Challenge (aka “Value Champions”), including ACCGeorgia member company, The Home Depot. The Champions were recognized for delivering cost efficiency to their clients through value-focused legal management skills and initiatives. want to squeeze the outside firms on cost completely; they wanted strong firms as partners but they also wanted greater predictability in their legal expenses. “The shared risk aspect meant that we could align the firms’ interests with those of the company,” Hunter says. “We pitched it as a win-win, pointing out that the firms would have predictable work and revenue.” For Home Depot’s Legal Department, now headed by General Counsel Teresa In addition to a series of retainer proWynn Roseborough, the quest for fixed-fee grams, ACC also recognized Home arrangements began in the employment Depot’s Legal Department for implementTeresa Wynn Roseborough, arena, when Deputy General Counsel ing a variety of other initiatives aimed at General Counsel, Jocelyn Hunter challenged several memincreasing efficiency and adding value. The Home Depot bers of the Employment Law Team to develop an overall retainer program covering the majority of the employment law spend. “Our General Counsel at the time pushed us to achieve lower cost, predictable cost and shared risk,” Hunter explains. This initiative evolved into a program of retainer and fixed-fee arrangements across many of the department’s practice areas. Ranging from employment and benefits to general liability, commercial litigation (including customer litigation and consumer class actions), patents, and a longstanding fixed fee program for M&A transactions, the arrangements share the basic principle of using a core group of retainer counsel to handle a portfolio of cases or corporate/transactional matters in their area of expertise for a fixed fee. Deputy General Counsel Briley Members of the HD legal team: Front row – Linda Seal, Stephanie Aferiat, Stacy Brisendine observes, “Once Ingram, Jocelyn Hunter, Tom Best; Back row – Briley Brisendine, Wanda Morris, and we saw the potential savings Brett Soloway being generated, it became business concessions in cases where the important to identify other practice areas These include: regular Retainer Counsel Company is a member of a class or subject where there was a similar opportunity for meetings and calls to share best practices, to regulatory fees, including in areas such success.” provide business updates, and discuss as shipping, pharmaceutical, credit, tax strategic topics; a web-based “Brief refunds and customs duties. Home Depot’s lawyers wanted to get Bank” organized by practice area to share control of their legal spend, but didn’t resources, including briefs, court opinions, As a result, across the department, Home discovery documents and form docuDepot has reduced annual legal fees by 45 Portions of this article have been reprinted from ments; and a recovery program aimed at the June 2012 ACC/Value Challenge article by continued on page seeking out potential cash recoveries and Jennifer J. Salopek continued from page to 55 percent since the start of the program in 2008. Additionally, the legal budget is more predictable. “We are now able to predict with near certainty approximately 70 to 75 percent of our annual legal fees, and our total fee spend is more consistent month to month,” Hunter says. Most promising, the company has reaped improved legal outcomes by better aligning the goals and interests of outside counsel with those of inside counsel, and thus, those of the company. “We’ve found that creating true partnerships with outside counsel consistently drives the best results for the company, minimizes business disruption, and fosters the sharing of knowledge and resources among participating firms,” says Roseborough. “You can’t argue with the strong results of this program,” says Hunter. “Some firms were initially reluctant citing all the reasons the program could fail. Happily, the programs have been enormously successful for Home Depot and in providing certainty for the firms, and we believe similar initiatives could be successful at other companies.” Home Depot is proud to receive this award and to be recognized as a leader in valuebased initiatives. We look forward to being a part of the continued good work of the ACC Value Challenge. About the ACC Value Challenge: The ACC Value Challenge, launched in 2008, has provided resources and training for inhouse counsel and law firm lawyers to help affect change within the legal industry. By re-aligning relationships and promoting value-based fee arrangements and other management tactics, such as project management, process improvement, efficient use of technology and knowledge management tools, the market for the delivery of legal services benefits from the same insights and wisdom upon which every other service industry relies to provide world-class value to their customers. For more information, visit www.acc.com/valuechallenge. 30 at 30 ACC is excited to celebrate two milestones this year—30 years of serving the in-house community and reaching 30,000 members worldwide. From its start 30 years ago as a small group of 3,000 in-house counsel in the United States, ACC has evolved into a global association with more than 30,000 members. The role of in-house counsel has evolved dramatically over the last 30 years, and we look forward to celebrating this momentous occasion with you. Here are some of the ways that you can help us celebrate our 30th anniversary: Celebrate All Year Round: July 2012–July 2013 • Visit the ACC 30th Anniversary website: acc.com/30. • Browse the 30th Anniversary photo gallery. Submit your own ACC photos to be uploaded by emailing them to [email protected]. • Complete the ACC Contest puzzle each quarter and receive a $5 Starbucks card. Additionally—for quarters 1, 3 and 4—one participant will be selected for a $100 gift card. In quarter 2, one participant will be selected for a complimentary 30th Anniversary Gala ticket. (Puzzles must be completed by: Oct 7; Jan 6; Apr 7; Jul 1) • Read the ACC Docket. There will be a timeline chronicling ACC and the evolution of in-house counsel throughout the years in each issue through June 2013. In the October 2012 issue, there will be a special edition to the ACC Docket dedicated entirely to our 30 th Anniversary. • Follow @ACCinhouse on Twitter for timely updates regarding the 30th. • Sign the Guestbook and add your thoughts on ACC’s 30 th anniversary or how you think the in-house community has changed and grown over the past 30 years. Georgia Chapter FOCUS 3Q12 Five Must-Have Mobile Apps for In-house Counsel By Creighton Frommer So your company’s IT department has just dropped off your fresh, new Android device, iPhone, or iPad. What mobile apps do you install first? Sure, you can get great apps for researching case law and managing outside counsel that are designed specifically for attorneys. But some great general productivity mobile apps will also help you keep up with legal news and organize your work life, and maybe your personal life, too. Here are five apps I suggest new mobile users install on the first day. Due to the amount of reading in-house attorneys must do, the first three are helpful reader apps, and the second two improve productivity. If you already use them, I’ll suggest an advanced feature in each app that you may not have tried. Each one of these applications is available for the iPhone, iPad, and Android devices, and they are each free, at least for basic use. Zite Zite, a self-described “personalized magazine”, aggregates and combines traditional news articles with posts from high profile blogs into a suitably formatted, exceptionally readable compilation. Periodically refreshing itself, you can use Zite to stay on top of both the latest news and Internet buzz. Like many reader apps, you can share articles via Facebook, Twitter, Instapaper (discussed below), or old-fashioned email. Zite will search from dozens of standard topics. And your selected topics sync between your devices. When you’re ready to take the next step with Zite, you can add custom topics. For instance, you may want to keep up with a specific legal field like, “Intellectual Property” or “Employment Law”. Then let Zite bring the latest news and viral updates to you. Pulse A complimentary news reader to Zite, Pulse gathers a certain type of published news, RSS news feeds, and presents them in fantastic sets of side-scrolling lists. If you frustratingly stopped reading RSS feeds in 2006, Pulse may bring you back. In the “old days” it was too easy to drown in unread articles. But with Pulse, that volume becomes an advantage by allowing you to scroll through dozens of pictures and headlines, only stopping and reading when you find something worthwhile. Instead of reminding you of what you haven’t read yet, it quietly shifts older articles off to the side and keeps the latest right up front. With Pulse, unlike Zite, you choose your news sources, and you can scan through many more article headlines much quicker. In fact, you may want to setup a page just for your favorite blawg feeds. Especially for in-house attorneys covering a range of legal topics, this gives you easy access to a full day’s worth of legal news with just a few quick swipes. And you can then share your favorite articles via social media and email. Instapaper Instapaper serves a different purpose from Zite and Pulse in your mobile reader toolbox, and brilliantly combines cloud and web technologies. Think about when you last were reading a long article, but had to get back to your Inbox or take a phone call before finishing it. With Instapaper, one click to a bookmarklet in your web browser will save the article to your Instapaper cloud account. But that’s not the best part! When you do find time to read it, the article will appear in the Instapaper app free of ads, comments, and all that distracting website clutter. You’ll get just the article’s text formatted similar to an e-book. And with Instapaper’s cloud storage, you’ll have access to the same articles on all your devices and with the ability to read them off-line. Originally intended for general web content, Instapaper makes a great tool for collecting law firm newsletter and legal update articles. For instance, instead of reading and digesting a complex update on implied warranty rights in between phone calls, you can save it once with Instapaper for reading on your next flight and for future reference. The Instapaper app and technology simply changes the game when it comes to reading long form content on the Internet. TripIt Moving on to a different type of mobile tool, TripIt makes managing and accessing your personal travel information extremely easy by organizing it in the cloud. TripIt makes setup and management easy enough, so that even Zone 3 fliers, like me, can really benefit from using it. Instead of fumbling around at hotel, airline, and rental car check-in desks and kiosks, TripIt gives you an organized set of your travel confirmations with links to online maps and additional information. And you will have your confirmed price right at hand to verify your bill. TripIt also can quickly email your full itinerary to others who must know where you’ll be. TripIt offers three main ways to input your travel data: manually through their website, by forwarding your confirmation emails to [email protected], or through their automatic email filter. Advanced users may like this third method giving continued on page 10 continued from page TripIt access to an email account, maybe a special email account setup just for travel, for continuous scanning and updating of your travel plans. Evernote Mobile device users fortunately have lots of choices for collecting, storing, and organizing notes. My current favorite is Evernote because of how it organizes saved materials, syncs them across on all devices, and provides flexibility with inputting content. Notes can be short lists, meeting minutes, website addresses, photos, audio recordings, or even full articles. You might even use it to snip and save smartly worded contract provisions you run across. Many in-house attorneys want to save and track law firm articles, case summaries, blog postings, and various other legal tidbits. To me, Evernote has been the best way to collect and store content from these disparate sources. Along with Evernote’s normal save capability, users can also save content by emailing it directly to the Evernote cloud. You may want to also add keyword tags in the email subject to automatically organize it with similar content. These are some free mobile applications that I like use to be more productive. If you have suggestions for other mobile apps, tools, or features that you use and think would help other in-house attorneys work more efficiently, please send them to me. We’ll compile suggestions and distribute that feedback back to the ACC-GA community. Creighton Frommer is Corporate Counsel, Intellectual Property at Reed Elsevier in Alpharetta. His practice focuses on global copyright, trademark, trade secrets, open source, and other software matters. The opinions herein do not represent the opinions of his employer. He can be reached at [email protected]. PHOTOS: Corporate Counsel Awards Presented at June Luncheon Meeting Chapter President Martha McMillin and Vice-President, Communications, Monique McNeill, who spearheaded the successful inaugural awards more photos on page 11 10 Georgia Chapter FOCUS 3Q12 Jim Reed (Outstanding General Counsel, Small); Teresa Kennedy (Lifetime Achievement) and Eric Hilton (Outstanding General Counsel, Solo) Timothy Phillips (Community Champion) and Charemon Grant (Diversity Champion) (Not pictured: Loretta Cecil, Outstanding General Counsel, Large and Kali Wilson Beyah, Rising Star, who were not able to attend the luncheon) 11 Upcoming Events Monthly Luncheon Sponsored by Sutherland Asbill & Brennan LLP Oct 9, 2012 11:30 AM - 1:30 PM Maggiano’s Little Italy Cumberland Mall Monthly Luncheon Sponsored by Swift Currie Nov 13, 2012 11:30 AM - 1:30 PM Maggianos Little Italy Cumberland Mall Monthly Luncheon Sponsored by Bondurant, Mixson & Elmore, LLP Dec 11, 2012 11:30 AM - 1:30 PM Maggiano’s Little Italy Cumberland Mall All day CLE Jamboree sponsored by King & Spalding Oct 25, 2012 King & Spalding Welcome New Members! Alejandro Arca, The Home Depot, Inc. Julianne Belaga, Avnet, Inc. Steven Belew, Capital Access Network, Inc. Noah Benz, Neenah Paper, Inc. Timothy Brown, ING Americas Lindsey Churchill, InterContinental Hotels Group Corey Cutter, Pythagoras, Inc. Sheila Garber, InterContinental Hotels Group Stephanie Hooks, LexisNexis Risk Solutions Samantha Johnson, Grady Health System Jon Lober, Communications Capital Group, LLC Jennifer Manning, The Coca-Cola Company Theresa McDaniel, Randstad North America Martha Nerenhausen, Healthcare Solutions, Inc. Jeffery Phillips, DS Waters Madison Roberts, Akzo Nobel, Inc. Marlon Starr, PRIMEDIA Inc. Maureen Sutton, YP Douglas Tulley, Kimberly-Clark Corporation Board Members President Ms. Martha McMillin Vice President and Managing General Counsel The Housing Authority of the City of Atlanta, Georgia (404) 817-7210 [email protected] President-Elect Mr. Joseph Freeman Assistant General Counsel Cox Communications, Inc. (404) 843-7682 [email protected] Vice President, Sponsorships & Programs Ms. Wanda M. Morris Counsel The Home Depot, Inc. (770) 384-2169 [email protected] Vice President, Outreach Initiatives Ms. Rachel Gervin Vice-President and Deputy General Counsel Sage North America (678) 280-5107 [email protected] 12 Georgia Chapter FOCUS 3Q12 Vice President, Special Programs Mr. Paul Marcela North American Bus Industires, Inc. VP, General Counsel & Secretary (478) 293-7619 [email protected] Secretary Ms. Sheri Gates McGaughy Vice President, Legal The Weather Channel (770) 226-2791 [email protected] Treasurer Mr. Neil J. Ginn General Counsel WEG Electric Corp. (678)534-4661 [email protected] At-Large Directors Ms. Virginia Wadsworth General Counsel-APCO Automobile Protection Corporation (678) 357-1497 [email protected] Mr. Seth Bruckner Attorney United Parcel Service (404) 828-7023 [email protected] Ms. Kelly Wilcove Senior Counsel Assurant, Inc. (770) 763-1207 [email protected] Mr. H. Eric Hilton SVP, Secretary and General Counsel H.J. Russell & Company (404) 330-1013 [email protected] Mr. Creighton K. Frommer Corporate Counsel Reed Elsevier (678) 694-3211 [email protected] Chapter Administrator Ms. Lisa Smith ACC-GA Chapter Administrator (404) 375-2036 Cell [email protected]