Association
of Corporate Counsel
1025 Connecticut Avenue, NW,
Suite 200, Washington, DC 20036-5425
p: 202/293-4103
www.acc.com
f: 202/293-4701
President’s Message
ACC National Annual
Meeting
The 2012 Annual
Meeting of the Association
of Corporate Counsel is
September 30-October 3 at
the Orlando World Center
Marriott in Orlando, Florida.
Yes, we are going to Disney
World! Some 57 ACCGeorgia chapter members,
Martha McMillin from Atlanta and throughout
Chapter President the state, are scheduled to
attend. This is the largest
gathering of in-house counsel in the world and is a huge
event, in terms of many attendees, excellent programs,
and a large vendor fair. I am excited about attending and
am proud that so many chapter members will be there.
Information on the Chapter website
We have worked hard this year to keep our chapter
website updated so that members can readily locate
information about future events, committee work, and
other matters. We also post the materials presented by
ACC Georgia Chapter 2012
Board Members & Contacts
President
Ms. Martha McMillin
VP & Managing General Counsel
The Housing Authority of the City of Atlanta
230 John Wesley Dobbs Avenue, NE
Atlanta, GA 30303-2421
martha.mcmillin@atlantahousing.org
President Elect
Mr. Joseph Freeman
Assistant General Counsel
Cox Communications, Inc.
1400 Lake Hearn Drive
Atlanta, GA 30319
Joe.Freeman@cox.com
VP- Sponsorships & Programs
Ms. Wanda M. Morris
Counsel
The Home Depot, Inc.
2455 West Paces Ferry Rd, NW
Atlanta, GA 30339
wanda_m_morris@homedepot.com
VP- Outreach Initiatives
Ms. Rachel Gervin
VP & Deputy General Counsel
Sage North America
1715 North Brown Road
Lawrenceville, GA 30043
Rachel.Gervin@sage.com
VP- Membership
Mr. Creighton K. Frommer
Corporate Counsel
Reed Elsevier
1000 Alderman Drive
Alpharetta, Georgia 30005
Creighton.frommer@reedelsevier.com
our sponsor law firms, so if you miss a program, you
can still review the information provided. If you are
searching for information about ACC-Georgia, you
can find it at www.acc.com/chapters/georgia.
Member Spotlight
Phil Gura, formerly Vice President – Legal,
General Counsel and Assistant Secretary of RaceTrac
Petroleum, Inc., now Of Counsel, is featured in our
Member Spotlight for October. Phil has been an
active member of our chapter for many years and was
suggested by our chapter Secretary, Sheri McGaughey,
who met him when she attended her first ACC-Georgia
monthly luncheon around 1995. When I asked Phil
to participate in this month’s Spotlight, he asked if I
knew that he was in transition from his current job and
gave me the chance to pick someone else. I told him
that because dealing with transition is an important
part of successfully managing an in-house career, his
story might be helpful to other members who may one
day be in the same boat. Phil has made the transition
from private practice to in-house twice already in
his career and shared with me his conviction of the
absolute need to be able to “roll with the changes”, to
quote an REO Speedwagon song. As we go to press,
VP- Special Programs
Mr. Paul Marcela
VP, General Counsel & Secretary
North American Bus Industries, Inc.
P.O. Box 671
Alpharetta, GA 30009-0671
paul.marcela@nabiusa.com
VP- Communications
Ms. Sheri Gates McGaughy
Vice President, Legal
The Weather Channel
300 Interstate North Parkway
Atlanta, Georgia 30339
smcgaughy@weather.com
Secretary
Ms. Sheri Gates McGaughy
Vice President, Legal
The Weather Channel
300 Interstate North Parkway
Atlanta, Georgia 30339
smcgaughy@weather.com
Treasurer
Mr. Neil J. Ginn
Corporate Counsel
WEG Electric Corp.
6655 Sugarloaf Parkway
Duluth, Georgia 30097
nginn@weg.net
At-Large Directors Term of Office
Ms. Virginia Wadsworth One year as Past President
General Counsel-APCO
Automobile Protection Corporation
6010 Atlantic Blvd.
Norcross, GA 30071
vwadsworth@easycare.com
Phil is actively considering both in-house positions
and a return to private practice.
Programs Past and Future Make for a Busy Fall
Many thanks to Fisher & Phillps, LLC for
sponsoring our September luncheon, the special
annual Labor & Employment law update. Jennifer
Sandberg, Joseph Shelton, Andria Lure Ryan, and
D. Albert Brannen gave an informative presentation
on current employment law issues, as detailed in the
accompanying article from the firm.
The ACC-Georgia luncheon for October will be
held on Tuesday, October 9, the second Tuesday of
the month, at Maggiano’s Little Italy, Cumberland
Mall. Sponsored by Sullivan, Asbill & Brennan, the
program is on “What Keeps Corporate Counsel Awake
at Night?”. The November 13 luncheon is sponsored
by Swift Currie McGhee & Hiers.
Mark your calendars for the annual all day CLE
Jamboree on October 25, hosted again by King &
Spalding at their office in Midtown. This popular
event combines excellent CLE programs with time for
P r e s i d e n t ’ s M e s s ag e , P g 2 B
Kali Beyah
General Attorney 1
Delta Airlines
PO Box 20574
Atlanta, GA 30320
Kali.W.Beyah@delta.com
2nd year of a two year term
Mr. Seth Bruckner One year to fill the term of Rachel Gervin
Attorney United Parcel Service
55 Glenlake Parkway NE
sbruckner@ups.com
Ms. Kelly Wilcove
Senior Counsel Assurant, Inc.
260 Interstate North Circle SE
Atlanta, Georgia 30339
Kelly.wilcove@assurant.com
Two year term
Mr. H. Eric Hilton Two year term
SVP, Secretary and General Counsel
H.J. Russell & Company
504 Fair Street SW
Atlanta, Georgia 30313
ehilton@hjrussell.com
Ms. Sloane Perras
Senior Managing Counsel
Aaron’s Inc.
309 E. Paces Ferry Rd. NE
Atlanta, Georgia 30305
sloane.perras@aarons.com
Chapter Administrator
Two year term
Lisa King Smith
PO Box 2008
Carrollton, GA 30112
404-375-2036
laotsu@bellsouth.net
The views expressed in the American Corporate Counsel Newsletter do not necessarily represent those of the Daily Report or American Lawyer Media.
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daily report monday, October 1, 2012
p r e s i d e n t ’ s m e s s ag e c o n t .
socializing at lunch and a reception. The keynote speaker
is the Honorable David Nahmias, Associate Justice of
the Supreme Court of Georgia and former United States
Attorney for the Northern District of Georgia.
Mark your calendars also for another special program,
on “Social Media, Employers and the Law”. It is
sponsored by Jackson Lewis and will be held at the Atlanta
Fish Market on December 6.
Several prominent legal associations of interest to inhouse counsel are holding key meetings in Georgia this
October and have extended special rates or free invitations
to ACC-Georgia members. Invitations and details of how
to register will be emailed to the chapter and can also be
found at www.acc.com/chapters/georgia. The first event is
the 2012 Annual Meeting of the National Association of
Minority and Women Owned Law Firms (NAMWOLF)
at the Sheraton Atlanta from October 14-17. The stellar
program includes several ACC-Georgia members as
ac c n e w s l e t t e r
panelists and offers networking and the chance to meet
firms which can bring diversity to outside counsel. The
second event is related to the NAMWOLF gathering and
occurs on the afternoon of Wednesday, October 17. The
Minority Corporate Counsel Association (MCCA) is
hosting its Academy of Leadership & Inclusion, also at the
Sheraton. This is a groundbreaking, interactive training
program designed to show attendees how to define, create
and sustain a diverse and inclusive workplace, using
inclusion principles that can be implemented immediately
within their organization. Both events are free to ACCGeorgia members.
The third event is the mid-year meeting of the American
Society of International Law (“ASIL”), taking place in
Atlanta on October 19 and in Athens on October 20. ASIL
is the nation’s premier international law organization with
members who are attorneys in law firms and corporations
and law school professors from the United States and
around the world. As part of this year’s meeting, ASIL has
organized a program featuring some of the world’s leading
figures in the field of international arbitration. This
program, beginning at 5PM on Friday, October 19, at The
Coca-Cola Company’s corporate headquarters, will consist
of an hour-long panel discussion, designed in particular
for corporate counsel, regarding the opportunities and
challenges of this important form of international dispute
resolution. ACC-Georgia members receive discounted
registration fees for the ASIL meeting.
As you can see, it is a busy fall full of excellent
programs and events for our members. Many thanks
to Wanda Morris, Vice-President, Programs, and Paul
Marcela, Vice-President, Special Events, and their
committee members for planning such strong programs; to
our law firm sponsors who provide financial support and
expert speakers; and to NAMWOLF, MCCA and ASIL for
hosting ACC-Georgia members at their October events.
ACC-Georgia Member Spotlight: Philip Gura
1. Where do you work?
At the time of this writing, I
am “of counsel’ to RaceTrac
Petroleum, Inc. Until April
of 2012, I served as Vice
President – Legal, General
Counsel and Assistant
Secretary. I was in that role
for seven years. In my
decade-long experience as
an in-house lawyer, I have
learned that being prepared
to handle transitions is an
essential skill, and that has
never been truer than it is today. I am currently evaluating
several options for the next step of my legal career, one of
which is a return to private practice.
2. What is your job title and what are your duties?
In my role as General Counsel, I oversaw all of RaceTrac’s
programs, policies, and procedures aimed at legal
compliance, safety and risk management. I served with
RaceTrac’s senior executives on its Oversight Committee
and advised its officers and directors on matters large and
small. I also served as RaceTrac’s media relations officer.
3. Please describe the legal department at your
company.
RaceTrac has what is, essentially a small internal law
firm staffed by corporate counsel, paralegals, clerks
and administrators. The risk management and security
departments also report to legal. The department has close
to twenty members.
4. How did your career path lead to an in-house role?
I spent a great deal of my career working in several
prominent law firms in Atlanta. Developing expertise
in many different areas like procurement, mergers and
acquisitions, secured transactions, finance, and licensing
while in private practice turned me into the prototypical
“corporate generalist” that many companies prize as
general counsel. RaceTrac was actually my second inhouse role. I previously served as the CLO of LaRoche
Industries, Inc., a specialty and commodity chemicals
manufacturer. I joined LaRoche after working for it as a
client while I was with Hunton & Williams.
10. Now for some personal questions:
5. What do you most enjoy about your work?
Helping others succeed.
• Morning person or evening person?
Definitely morning.
6. What is most challenging about your work?
Ensuring that decision-makers understand the need to
devote the necessary time and resources to address rapidly
changing and often onerous and expensive legal and
regulatory requirements while remaining an effective and
credible member of the management team.
• Krispy Kreme or Dunkin’ Donuts?
DD.
7. What has been your biggest accomplishment at your
company?
Changing the perception of the legal department from an
obstacle to be avoided to a competitive advantage.
• Favorite non-profit?
Heifer International.
8. How long have you been a member of ACC-Georgia?
About ten years.
9. What are the best benefits of ACC-Georgia
membership?
Hands down, ACC-Georgia is the most effective, practical,
and hospitable legal organization to which I belong. The
programs and resources are all invaluable, but I believe
the best benefits are the warmth and helpfulness of the
members. ACC-Georgia members will always go the extra
yard to help one another.
• Your favorite burger is from: the Varsity? Or Flip?
Neither. The Counter in Roswell. Try it; you’ll thank me.
• Dog person or cat person?
Cat person by temperament, but we have two of each and
I must say there is something about the unconditional
positive regard you get from a dog.
• Boiled peanuts: thumbs up or thumbs down?
From NY; do you have to ask? Peanuts should be roasted,
as nature intended.
• Favorite hobby?
Cycling.
• Name the actor or actress whose appearance in a
movie guarantees you will go to see it.
Not really a movie buff. Maybe Dustin Hoffman?
• If you could go anywhere in the world for free for two
weeks, where would that be?
Australia/New Zealand.
• If you were not a lawyer, what would be your
alternate career path?
Teaching literature.
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daily report monday, October 1, 2012
ac c n e w s l e t t e r
In-House Counsel Receive Update on Changes in Workplace Laws During ACC Annual Labor and Employment CLE Event
Attorneys from Fisher & Phillips LLP Cover Array of Important Developments
Attorneys from the labor and employment law firm Fisher
& Phillips LLP presented a fast-paced and informative
overview of various changes in labor and employment
law on September 11, 2012, during the Annual Labor and
Employment CLE Event for the Georgia Chapter of the
Association of Corporate Counsel.
About 125 in-house counsel attended “Labor &
Employment Law Update: Adapting to a Rapidly Changing
Legal Landscape.”
Jennifer Sandberg, a partner who concentrates in
employment law, provided an overview of recent
developments including new state legislation, new
regulations, proposed regulations and increased federal
enforcement activity related to workplace laws. She said
that some governmental agencies are now advertising in
an effort to encourage employees to take action against
their employers. She noted that the Equal Employment
Opportunity Commission (EEOC) has greatly increased
litigation against employers while the Department of Labor
is coming down hard on companies it believes are not
paying prevailing wages or complying with wage and hour
laws.
Sandberg reminded the corporate attorneys that several
new regulations impact workplace decisions in ways never
thought of before. For instance, the Genetic Information
Non-Discrimination Act (GINA), prohibits discrimination
based on genetic information that an employer might learn
about applicants or employees.
Partner Joseph Shelton, who works with Georgia
employers to protect their assets, provided an overview of
the state’s new law on restrictive covenants. Shelton said
that the law is good news for employers. The new law
allows Georgia judges flexibility in enforcing non-compete
and other restrictive covenant provisions in employment
agreements. Before, if a provision in an agreement was
overbroad in any respect, the entire covenant was not
enforced.
Andria Lure Ryan, chair of the Fisher & Phillips
Hospitality Industry Practice Group, said the number of
discrimination charges against employers has increased
dramatically in the past couple of years. In 2011, nearly
100,000 charges were filed against companies. Ryan also
pointed out that the EEOC has issued new guidance on
using criminal background checks in all employment
decisions. For example, she noted that the EEOC does not
want employers to automatically refuse to hire someone
because of a previous felony conviction. The EEOC is
taking a very hard look at employers accused of not paying
men and women equally or discriminating against people on
the basis of age or disability.
D. Albert Brannen wrapped up the session with a review
of National Labor Relations Board (NLRB) actions
impacting companies that operate without unions. The
NLRB has publicly promoted the fact that employees do not
have to belong to a union to engage in historically protected
activities such as distributing information, complaining
about pay, benefits or working conditions, enlisting support
of third parties and promoting legislation contrary to an
employer’s interests. Brannen stressed that social media is
an area where employers can find themselves crossways
with the NLRB. The Board has taken a stand that in many
instances employees may air their employment complaints
on social media without facing retaliation from an employer.
With so many workplace laws changing, and more
coming, in-house counsel are busy ensuring their employers
remain in compliance.
Photo Gallery: ACC September Lunch Event
From l to r: Eric Hilton, ACC-GA Board member, assists Lisa Smith, Chapter
Administrator, at check-in.
Jennifer Sandberg delivered a broad overview of current and coming
changes to workplace laws
Another sold out crowd.
Kristan Goran of Focus Brands wins the drawing for a $ 150 Buckhead Life Group gift card.