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Business Law Monographs, Volume C3--Preventive Law in Corporate Practice

Provides a concise review of preventive law programs for in-house and outside ...
Publisher: Matthew Bender
Print Book
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ISBN: 9780820524153
Publisher: Matthew Bender
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Provides a concise review of preventive law programs for in-house and outside corporate counsel. Topics include compliance, training, litigation, contracts, and legal audits, and advice on how counsel to both small and large corporations can avoid legal problems through preventive lawyering.

Business Law Monographs, Preventive Law in Corporate Practice, provides a preventive law “tool box” common to all areas of substantive law.

Chapter 1 describes the historical development and benefits of the practice of preventive law. This chapter contains an overview of the historical and theoretical underpinnings of preventive law.

Chapter 2 describes how to avoid legal problems with a compliance program for the company and its employees. The chapter describes the growing use of legal policy statements as a form of “ten commandments” for corporate personnel and reviews a variety of widely used procedures to communicate and enforce the company's commitment to legal compliance.

Chapters 3 through 5 cover programs that carry out or supplement a basic compliance program. Chapter 3 describes how to conduct an employee training program through client seminars, newsletters, and other educational activities. Chapter 4 describes tactics for controlling litigation risks. Chapter 5 addresses preventive law considerations in the drafting of the company's contracts.

Chapter 6 discusses how to conduct a legal audit. Legal audits are used to monitor adherence to compliance programs. They are a popular tool and serve as an “early warning system” for legal problems.

Chapter 7 discusses a variety of techniques for organizing the law department for the practice of preventive law, including strategic planning, office visits, law department brochures, and annual reviews with management.

Chapter 8 introduces and discusses the emerging area of cyber law, including a brief history of e-mail, e-commerce, electronic media discovery, misappropriation and misuse of corporate electronic resources, and a guide for the development of a corporate counsel legal research intranet.

Chapter 9, the final chapter in the monograph, is a brief summary and conclusion on the practice of preventive law in corporate law departments.

The Forms segment of the monograph includes a variety of materials used by law departments of large corporations: corporate policy statements, communications to managers and employees, legal education materials, alternative dispute resolution documents, and legal audit questionnaires.

With a great deal of variation in the legal environment of each corporation, Business Law Monographs, Preventive Law in Corporate Practice, is set up for corporate counsel to use many of the suggestions in the monograph to improve the preventive practices of their client.

Also available as part of the complete 38-volume set entitled Business Law Monographs.

Table of Contents

Division I TEXT 

CHAPTER 1 Introduction to the Theory of Preventive Law

CHAPTER 2 Establishing Compliance Programs to Prevent Legal Problems

CHAPTER 3 Preventive Legal Training for Managers and Employees

CHAPTER 4 Preventive Methods for Handling Disputes and Litigation

CHAPTER 5 Preventive Aspects of Contract Drafting and Review

CHAPTER 6 Conducting Legal Audits as a Preventive Law Tool

CHAPTER 7 Organizing the Law Department for Prevention

CHAPTER 8 Bridging the Digital Divide

Appendx 8A. Developing a Corporate Intranet Legal Research Tool

CHAPTER 9 Conclusion

Division II FORMS

Form C3-1 The Legal Audit: A Reality Check for Entrepreneurial Companies

Form C3-2 Principles of Federal Prosecution of Business Organizations

Form C3-1 The Legal Audit: A Reality Check for Entrepreneurial Companies

Form C3-4 Certificate of Compliance

Form C3-5 How the Ethics Process Works at Lockheed Martin

Form C3-6 Lockheed Martin Corporation: Code of Ethics and Business Conduct

Form C3-7 Chipotle Mexican Grill, Inc. Code of Conduct

Form C3-8 Qwest Code of Conduct

Form C3-9 Qwest Ethical Business Practices for Consultants, Contractors, & Suppliers

Form C3-10 Model Master Dispute Resolution Agreements - Arbitration

Form C3-11 Macy's, Inc. Code of Business Conduct and Ethics

Form C3-12 Macy's, Inc. Corporate Governance Principles

Form C3-13 Target's Business Conduct Guide

Form C3-15 Seyfarth Shaw Management Alert

Form C3-15 Sample Memo and Certification for Vendors About Compliance

Form C3-16 Brooks Kushman Intellectual Property Primer

Form C3-17 Centura Health Integrity Standards

Form C3-18 Sample Newsletter Articles

Form C3-19 Corporate Compliance: Plan Now for Managing Electronic Data and Avoid Tomorrow's Legal Risks


Item C3-i1 Department of Justice Sentencing Guidelines, Chapter 8--Sentencing of Organizations