Executive Management Meeting
For those companies that have already established a U.S. subsidiary, our Executive Management Meeting (EMM) offers up-to-date information about how the U.S. subsidiary can perform correctly (keyword: Corporate Governance). In addition, the EMMs help to protect the U.S. subsidiary from personal liability by adequately training its executives in the operational areas in which they will bear management responsibility. Equipped with this advice, the managers’ risk of personal liability will be considerably reduced. In addition, since the German managers will come away with knowledge of the U.S. market, the argument that the U.S. subsidiary must be a front company and the German parent company should be responsible will no longer be valid (keyword: liability penetration; Veil Piercing).
The EMMs are structured in a way that allows all relevant liability topics to be covered. Therefore, no issue remains that the managers have to worry about. Among the topics covered are product liability, transfer pricing, corporate governance, insurance, employment, and contractual risk management.
We recommend that the EMMs are attended with a certain delay after the U.S. Entry Meetings since they are based on the content of the U.S. Entry Meeting. Therefore repetitions in some areas are unavoidable.
In particular, after setting up a company in the US, all managers involved in the US business should visit the Executive Management Meetings (EMM) to be up-to-date on relevant US issues.
Agenda
08:45–09:00 Registration
09:00–09:15 Welcome, Overview & Introduction
• Overview of the Day & Agenda
• Brief Introduction of the Participants
09:15–09:45 Introduction to U.S. Risk Management
• Punitive Damages
• Contingency Fees
• Discovery-Procedures
• Costs
• Prevention Measures
09:45–10:45 Product Liability Protection
• Adjustment of Products
• Content and Structure of Manuals
• Technical Standards
• Selecting the Warning Labels
• Protection against Liability
• Costs & Timing
• Recent Developments
10:45–11:00 Coffee Break
11:00–11:45 Insurance Solutions
• Analysis of the current situation: changed conditions for international insurance programmes D /USA
• US Product Liability: Coverage in International Programs
• Practical examples: Protection and liability claims management
• Manager Liability Special: D&O Coverage
• Current topics and developments (dangers of the supply chain, cyber risks, etc.)
11:45–12:30 Employment
• Hire & Fire Reality
• Employment Law & Regulations
• Management Tasks
• Discrimination Issues
• Titles & Organization Structure
• Employment Handbook
• Medical & 401 (k) Plans
12:30–13:00 UCC Liens
• Definition & Purpose
• Why do we need it in the US
• How to use it
• Procedure, Timing & Costs
13:00–13:45 Lunch Break
13:45–14:30 Transfer-Pricing
• Significance of transfer pricing
• Methods
• Documentation
• Recent Developments
• Pitfalls
• Questions & Discussion
14:30–15:15 Data Protection Compliance
• Current Compliance focus in the US
• Data Protection
• Anti-Trust Rules
• Kickbacks
• System of Compliance measures
15:15–16:15 Corporate governance and avoidance of piercing the corporate veil
• Current Requirements
• Managing the US-Subsidiary from the European Headquarter
• Officer & Board Functions
• Documentary Requirements in the Minute Book
• Avoidance of Personal Liability of Officers and Directors
• Avoidance of Piercing the Corporate Veil
16:15–16:30 Tea Break
16:30–17:00 Representations & Warranties
• What it is
• Most signifikant Commercial Content
• Plus one Legal Aspect
• Practical use of Reps
17:00–17:30 Contractual Risk Management
• Exclusion of Consequential Damages
• The Overall Liability Cap
• “Time is of the Essence” Provision
• “The deal is a deal” Language
• Arbitration vs. Litigation
17:30–17:45 Participants’ Feedback
17:45–19:30 Cocktail Reception / Networking / Farewell
* Subject to changes
Here you have the possibility to download the newest flyer for the Executive Management Meeting: