801 – Training Your Clients · 2018-10-12 · 801 Training Your Clients Faculty Biographies Kevin...
Transcript of 801 – Training Your Clients · 2018-10-12 · 801 Training Your Clients Faculty Biographies Kevin...
ACC’s 2012 Annual Meeting September 30-October 3, Orlando, FL
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Monday, October 1, 2012 11:00 AM - 12:30 PM 801 – Training Your Clients Kevin Clem Senior Director Huron Legal Marcy Hingst Assistant General Counsel Bank of America Amita Kent Regional Lead Counsel Merck Canada Inc. Elena Kraus Director/Commercial Transactions Walgreen Co. Stephanie Lambert Managing Counsel Staples, Inc.
801 Training Your Clients
Faculty Biographies
Kevin Clem Kevin Clem is a senior director in the law department management practice of Huron Legal in New York, NY. He has provided consulting services to leading corporate legal departments across a variety of industries including pharmaceutical, financial services, media, and utilities. Mr. Clem’s practice is focused on assisting corporate law departments with managing legal spending through optimized use of internal and outside counsel, analyzing and improving internal business processes, and selecting and implementing support legal technologies. Prior to joining Huron, Mr. Clem served as a senior consultant with Arthur Andersen in their business consulting practice in Los Angeles and Dallas, where he focused on litigation data analysis and risk consulting. Mr. Clem holds a BS in international business from Pepperdine University and a MBA from NYU's Stern School of Business. Marcy Hingst Marcy Hingst is associate general counsel in the litigation and regulatory inquiries group of the legal department at Bank of America. Ms. Hingst leads a team of more than 30 professionals responsible for managing defensive litigation/arbitration concerning all bank businesses that serve individual customers and clients with deposit, card, home mortgage, wealth management, and related products and services. Prior to her current role, Ms. Hingst managed an operational team responsible for civil e-discovery, reporting and litigation spend management initiatives at the bank. Before joining Bank of America, she was a commercial litigator with O'Melveny and Myers. Ms. Hingst holds degrees from the New England Conservatory of Music, Tufts University and the Ohio State University College of Law. Amita Kent Amita Kent is the regional legal lead for Merck in the Europe and Canada region. Ms. Kent's key responsibilities are in business development, global franchise support, and customer solutions. Prior to assuming her current global role within Merck, Ms. Kent was the vice president of legal affairs for Schering-Plough Canada Inc. She has been involved in the pharmaceutical industry for over 22 years with companies such as Pharmacia and Novopharm as general counsel, in addition to other functional roles such as vice
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801 Training Your Clients
president, corporate business development; corporate secretary; chief compliance officer; chief privacy officer and vice president of strategic planning. Ms. Kent serves on the board of several non profit organizations and volunteers regularly on local committees. As well, she is associated with several professional organizations including the Canadian Bar Association, the Canadian Healthcare Licensing Association (past executive) and the Canadian Corporate Counsel Association. She is a regular speaker on behalf of the Canadian Bar Association, the American Bar Association, The Canadian Institute, Rx&D and industry on corporate issues such as intellectual property, licensing agreements, mergers and acquisitions, employment issues, leadership and the role of general counsel. Ms. Kent obtained a BS with a double major in biology and physics from Dalhousie University in Nova Scotia. She then went on to obtain her JD at the University of Windsor, Ontario and was admitted to the Law Society of Upper Canada. Elena Kraus Elena Kraus is director of commercial transactions and intellectual property law for Walgreen Co., the nation's largest drugstore chain based in Deerfield, IL. Her responsibilities include managing a group of commercial contracts and intellectual property attorneys and staff, providing legal advice and counsel to Walgreen's diverse group of business clients ranging from information technology to merchandising, marketing, supply chain and logistics, financial services, e-commerce, and pharmacy services. Prior to joining Walgreens, Ms. Kraus practiced corporate and real estate law with the firm DLA Piper in Chicago and has served on the board of directors of the YWCA/Lake County. She earned a bachelor's degree in government from the University of Texas at Austin and a JD from DePaul University in Chicago. Stephanie Lambert Stephanie S. Lambert is managing counsel for Staples, Inc., in Framingham, MA. Her responsibilities include providing legal counsel to Staples' merchandising and private label products divisions in a variety of substantive areas, including commercial law, intellectual property, and international trade. She previously served as technology counsel for Staples advising the company on software licensing and professional services. Prior to joining Staples, Ms. Lambert served as corporate counsel at OneSource Information Services, Inc., in Concord, MA for four years. While at OneSource she provided counsel on intellectual property and technology licensing matters. Prior to her role at OneSource, she was engaged in a general law practice in Worcester, MA.
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Ms. Lambert currently serves on the executive board of the ACC's Law Practice Management Committee and has served on the Business Law Section Council and as a faculty member for the Massachusetts Bar Association. She is also on the board of directors of Staples Foundation. Ms. Lambert received a BA from Wheaton College in Massachusetts and is a graduate of Suffolk University Law School.
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Training Your Clients Teaching them to fish while
avoiding shark infested waters
Presented by Law Department Management Commi:ee
Monday, October 1, 2012, 11:00am -‐ 12:30pm
IntroducEons
Amita Kent Regional Lead Counsel, Europe/Canada
Elena Kraus Director, Commercial TransacEons
Marcy Hingst Associate General Counsel
Stephanie S. Lambert Managing Counsel
Kevin Clem Senior Director
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Session outline
• Defining your service delivery model • Developing your training plan • PrioriEzing your training topics • ConducEng the training • Sustaining desired behaviors
Defining your service delivery model
• TradiEonal legal department organizaEonal structures fall into one of the following:
Model Characteris/cs
FuncEonal Structured around legal specialEes (e.g. employment law, liEgaEon, M&A, IP)
Client-‐Facing Structured around business units; lawyers provide legal support to the business funcEon
Hybrid (Matrix) Some lawyers are focused on the business, with shared services lawyers who provide specialty legal services across the corporaEon
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Defining your service delivery model
• ArEculate the role of the legal department: • What is a legal issue vs. a business issue? • When do we engage outside counsel? • PrevenEve vs. reacEve • Who is the client? Doing what’s best for the company, not the individual • Se\ng expectaEons:
Ø Bi-‐direcEonal – Legal can help client if client knows how to best use Legal resources Ø Responsiveness to requests for help
• An example: • The law department should only be involved when it adds value to a project • Any involvement should help "drive the business" or protect the present or future value
of the Company • The law department should not be involved with work of low monetary value that will
not affect our reputaEon and that can be handled by others • Templates should be used when possible
Defining your service delivery model
• Assess your legal pordolio to idenEfy low value areas as candidates for client self-‐service
Corporate/Business Unit Strategy
Low
High
High Low Alignment with Strategic Direction
Risk
Pot
entia
l
Medium Value
Higher Value
Higher Value
Lower Value
Medium Value
Higher Value
Lower Value
Lower Value
Medium Value
Internal Resources Outsource
Eliminate Reduce
Automate Outsource
Internal Resources Automate Outsource
Legal Workload Value Framework
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Defining your service delivery model
• Agree on the scope of legal’s work through Service Level Agreements, or as Merck has defined them, CollaboraEve Work Arrangements
Collabora/ve Work Arrangement Sec/on
• Scope of work
• Roles and responsibiliEes
• PrioriEzaEon and Eming
• CWA Sponsor approval
• Feedback and review
• Who? Define target audience o Who is the client? o Who needs the training? o What is their level of experience and
context?
• What? Create content – What does your client need to know? – What does your client want to know
more about? – What content is readily available?
• When? Establish schedule – When is training delivered? – How oeen is it refreshed? – Which sessions are one-‐Eme? Which
are annual/recurring?
• How? Consider logisEcs – What is the appropriate group size? – Given approach (lecture, interacEve),
how long should the sessions be? – What is the most appropriate venue?
Developing your training plan
• Why? Clearly define your training goals o What are you trying to achieve and what will success look like?
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PrioriEzing your training topics
• While you will need to tailor content for your industry and/or business context and prioriEze your topics based on the associated risk, recommended topics include: – A:orney/client privilege – Appropriate use of email/email eEque:e – Contracts policy and approvals – Data privacy – RegulaEons such as FCPA – Use of social media
• Topic: Contracts policy and approvals – Why agree in wriEng? – Can we perform our obligaEons? – Who has the authority to sign? – When to engage Legal for
review?
• Example: “Get it in wri:ng”
PrioriEzing your training topics -‐ example
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• Topic: Appropriate use of e-‐mail – Be careful what you put in
email, even if only internal – Inside jokes / nicknames – Do not e-‐mail when angry – Don’t create ammuniEon for
opposing party – Avoid using “red flag”
phrases
• Examples: Red flag phrases to avoid: – “I made sure nothing was in wriEng.” – “I really shouldn’t put this in wriEng.” – “I don’t want to discuss this in e-‐mail.” – “Delete this e-‐mail immediately.” – “Don’t tell them.” – “I could get into trouble for telling you this, but…”
– “I don’t think I’m supposed to know this, but…”
– “Don’t ask. You don’t want to know.” – “Is this actually legal?”
PrioriEzing your training topics -‐ example
PrioriEzing your training topics -‐ example
• If you don’t want to see it on the front page of the Wall Street Journal, don’t put it in an email…
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• Topic: Foreign Corrupt Prac:ces Act (FCPA)
• The anE-‐bribery provisions of the FCPA prohibit: issuers, domesEc concerns, and any person from making use of interstate commerce corruptly, in furtherance of an offer or payment of anything of value to a foreign official, foreign poliEcal party, or candidate for poliEcal office, for the purpose of influencing any act of that foreign official in violaEon of the duty of that official, or to secure any improper advantage in order to obtain or retain business.
PrioriEzing your training topics -‐ example
PrioriEzing your training topics -‐ example
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ConducEng the training
• How much informaEon to cover – Short and to the point – don’t overwhelm your audience – Ensure briefings with execuEves cover the key topics but are concise
• FacilitaEng client parEcipaEon – Handouts don’t need to match the presentaEon on the screen – Be creaEve and use pracEce examples/metaphors
• Pacing your presentaEon and providing opportunity for quesEons – Speak such that the audience can take notes – go slowly – Ask the audience quesEons and build parEcipaEon – Make Eme for quesEons from the audience
ConducEng the training
• Principles – Research has shown that 3 days aeer training, parEcipants will retain:
Ø 20% if the parEcipants only listens (tell) Ø 25% if the parEcipants are provided relevant examples (show) Ø 65% if the parEcipants acEvely parEcipate (involve)
• Se\ng – Choose the appropriate venue and Eme carefully – Smaller se\ngs invite quesEons and more interacEon between
speaker and audience – Use props when appropriate; reward audience for parEcipaEon
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Sustaining desired behaviors
• Establish and monitor training program success criteria • Obtain feedback from your clients • ConEnue to refine your Training Plan • As appropriate, record any web training sessions so they can
serve as a refreshed at a later date and/or in other regions • Post FAQs and quick reference cards including reference
materials to intranet site • Re-‐train as needed
Open Discussion
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