Compliance matters are a growing issue among General
Counsel, according to a national study.
The study, as reported in the New Jersey Law Journal,
indicates that 86 percent of 169 corporations surveyed
in 2005 cited their main concern as “keeping track
of company activities that might have legal implications.”
“Such concerns have been heightened by the increasing
complexity of regulatory requirements, driven by Sarbanes-Oxley
and related laws, along with a series of high-profile
trials involving executives and in-house counsel,” according
to the Managing Outside Counsel Survey Report, prepared
by the Association of Corporate Counsel and Serengeti
Law.
The increased emphasis on compliance has manifested
in several aspects, reported New Jersey Law Journal:
63
percent of law departments report that they must certify
there are no material deficiencies in their reporting
of legal issues annually
46 percent must issue
monthly reports assessing exposure to legal issues;
22 percent must do so on a quarterly basis
49
percent must document legal developments between formal
reporting periods
“The increased emphasis on compliance may have
a ripple effect through relationships with outside counsel,
making in-house counsel more likely to bring in outside
help, and less sensitive to higher hourly rates,” according
to the report.
The Journal also reported that spending on outside counsel
is increasing:
Spending rose to $1.8 million
in 2005 from $1.3 million in 2004; 2004 spending was
down from $1.6 million in 2003
Median spending
for 2005 was $5.2 million for companies with revenues
of more than $1 billion, $963,000 for those with revenues
of $100 million to $1 billion, and $525,000 for smaller
companies.
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