Thursday, March 7, 2013
Registration and Continental Breakfast
Welcome and Overview
William M. Treanor, Dean, Georgetown University Law Center
Lawrence J. Center, Assistant Dean, Georgetown University Law Center
Thomas F. O'Neil III, Founder and President, The Saranac Group LLC
View from the Top: The Board and C-Suite on the New Reality of the CLO
- How does the CLO balance the needs and responsibilities that come with being the chief legal advisor to the corporation with being a corporate officer engaged in strategic planning and executing the business plan?
- What are the advantages and pitfalls for the CLO who wears many hats?
- Does being in the crosshairs of law enforcement or being a private litigant create personal peril for the CLO?
Moderator: Hon. E. Norman Veasey, former Delaware Chief Justice; Senior Partner, Weil, Gotshal and Manges LLP; Coauthor of Indispensable Counsel: The Chief Legal Officer in the New Reality
Speakers: Kristin Campbell, Executive Vice President and General Counsel, Hilton Worldwide; Barbara Hackman Franklin, former U.S. Secretary of Commerce; President and Chief Executive Officer of Barbara Franklin Enterprises; Victoria Harker, Chief Financial Officer, Gannett, Company Inc.; William E. McCracken, Chief Executive Officer, CA Technologies
- Priorities and initiatives at the CFPB, DOJ, and SEC.
- How coordinated are the various enforcement entities—both in the U.S. and internationally?
- In 2013 does privilege matter, or even exist anymore?
- If someone showed up at your door at dinnertime with a badge and a gun, what should you do and whom should you call?
Moderator: Jay B. Stephens, Senior Vice President, General Counsel and Secretary, Raytheon Company
Speakers: Kara Brockmeyer, Chief, Foreign Corrupt Practices Act (FCPA) Unit, Division of Enforcement, U.S. Securities and Exchange Commission; James Koukios, Assistant Chief, Foreign Corrupt Practices Act (FCPA) Unit, U.S. Department of Justice; Kent R. Markus, Director of Enforcement, Consumer Financial Protection Bureau
Luncheon and Address: The Art of War—Surviving on the New Corporate Battlefield
Sponsored by Kroll Ontrack
Stanley Bing first made his appearance in Esquire magazine in 1984, writing scurrilous things about his employers and friends and giving strategic advice to those even more befuddled than he. Rather than risk expulsion from his crabby corporate environment, he created the Bing pseudonym in order to observe and criticize the executive class while at the same time aspiring to its lifestyle. This strategy has for all intents and purposes paid off big-time. Since 1995, Bing has been sniping at the hand that feeds him in the pages of Fortune magazine while functioning as an ultra-haute executive at a huge multinational corporation whose identity is one of the worstkept secrets in business.
Speaker: Stanley Bing, well known and prolific author (What would Machiavelli Do?, Crazy Bosses; The Big Bing: Sun Tzu was a Sissy...etc.) and columnist extraordinaire for Fortune Magazine (disguised as a mild-mannered Executive Vice President and Chief Communications Officer of CBS Corporation, Gil Schwartz.)
Session A | Corporate Governance: Corporate Secretary as Governance Ombudsman in the C-Suite
- Evolution of the importance of the role of Corporate Secretary and how general counsel can gain the needed expertise.
- Best practices in publicly traded corporations.
- Private companies and nonprofit organizations: why governance matters.
Moderator: Thomas F. O'Neil III, Founder and President, The Saranac Group LLC
Speakers: Bruce D. Collins, General Counsel, C-SPAN; Anastasia D. Kelly, Partner, DLA Piper LLP (US); Jennifer C. McGarey, Corporate Vice President and Secretary, Northrop Grumman Corporation
Session B | Employment and Labor Law: Understanding the Latest Federal Policies and How They Will Affect Your Company
- Review how reinvigorated federal agencies and the courts are enforcing old laws in new ways that might make your time-honored work rules illegal.
- Why failure to understand how your policies may be interpreted in today's climate may lead to litigation.
- The Equal Employment Opportunity Commission's view of criminal background investigations and credit reports.
- Updates on the National Labor Relations Board taking on an activist role with respect to social-media policies, the ability to require that employees keep internal investigations confidential, and whether an employer may include "at-will" language in its handbook.
- Developments in the courts interpreting free-speech rights with respect to social media activity.
- Wage and hour litigation trends, including a Circuit court approval of private settlements of claims.
Moderator: Robin S. Conrad, Executive Vice President, National Chamber Litigation Center, Washington, DC
Speakers: John E. Higgins; Victoria A. Lipnic, Commissioner, U.S. Equal Employment Opportunity Commission; Karen Rindner, Labor and Employment Counsel, HMSHost Corporation
Cybersecurity: The Top-of-Mind Issue for General Counsels in 2013, and What You Need to Know to Address It
- The current global environment, including how cloud computing has exacerbated the cybersecurity threat.
- The need for a cybersecurity/data protection strategy to address developing business and strategic imperatives and fiduciary and regulatory obligations.
- Practical responses to cyberattacks and data breaches—the role of the general counsel.
- The challenge of complying with state notification requirements.
- Class action suits and the impact of Edwards v. First American on cybersecurity claims.
Moderator: Harriet Pearson, Partner, Hogan Lovells
Speakers: Theodore J. Kobus III, National Co-Leader of the Privacy and Data Protection Team, Baker & Hostetler LLP; Catherine Maybee, Senior Vice President, Marsh Inc.; Alex Ricardo, Director of Breach Response Services, Beazley Group
Risk Management and Compliance: How Do You Measure Success?
- Designing and implementing a successful risk management and compliance program: key components, areas of concern, mechanisms, and responsibilities.
- When to take action: initiating an investigation and advising the board.
- Monitoring adherence to the program: compliance officers, hotlines, checklists, and other tools.
- Metrics for measuring success: reducing complaints and claims.
Moderator: Sharon J. Zealey, Chief Ethics and Compliance Officer, The Coca-Cola Company
Speakers: Phyllis P. Harris, Vice President of Environmental, Health and Safety Compliance, Wal-Mart Stores, Inc.; J. Andrew Jackson, Partner, Dickstein Shapiro LLP; Sharon A. Leyhow, Associate General Counsel and Chief Counsel International Trade, and Chief Counsel Product Compliance, DuPont Legal
Sponsored by Capstone Advisory Group, LLC
Registration for Women's General Counsel Event
How Successful General Counsel Manage C-Suite and Board Expectations
While one of the qualities of all successful general counsel is the ability to manage the expectations of the Board and company executives, as more women become general counsel this is one of the more important skills required. This panel will discuss how several successful women general counsel have accomplished this goal.
Speakers: Marsha Baumgarner, Executive Vice President and Chief Legal Officer, Beech Street Capital, LLC; Kristin Brown, General Counsel, gategroup; Christiana Lin, Executive Vice President, General Counsel, and Chief Privacy Officer, comScore, Inc.; Vanessa L. Allen Sutherland, Chief Counsel, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation
Champagne and Chocolate Reception
Sponsored by Hogan Lovells.
Friday, March 8
Legal Ethics for Corporate Counsel: Privilege Issues when Wearing Many Hats
- How our involvement in social media advances the direction of the ethics rule and the spirit of professionalism in the practice.
- Social media's effect on Competence, Rule 1.1.
- How Web-based social networking blurs professional lines.
- Confidentiality and privilege issues, Rule 1.6.
- The Seven Not-So-Deadly Sins of RPC 7.
- The role of the CLO as legal advisor and business partner and the ethical impact—particularly on privilege issues—of wearing many hats.
Speaker: Stuart I. Teicher, Law Offices of Stuart I. Teicher
10:50 am–12:05 pm
Supreme Court Review: The Most Important Cases Affecting Business and Their Implications
- The state of the Court's business law docket this term.
- Assessment of the potential impact of the most significant business cases up for review, including: Kiobel—Extraterritorial corporate tort liability in U.S. courts for acts committed on foreign soil, revisited.
- Amgen—Rule 10b-5: Is a showing of materiality required before a class can be certified for a fraud-on-the-market claim?
- Comcast—Whether a district court may certify a class action without resolving whether the case is susceptible to awarding damages on a class-wide basis.
- Kirtsaeng—Does the first-sale doctrine under copyright law apply to a copy made and legally acquired abroad and then imported into the United States?
- Additional cases corporate in-house counsel should be tracking.
Moderator: Prof. Steven H. Goldblatt, Director, Supreme Court Institute, Georgetown University Law Center
Speakers: Paul D. Clement, Partner, Bancroft PLLC; Hon. Donald B. Verrilli Jr., Solicitor General of the United States
Session A | Alternative Billing and Auditing: Are There Viable Alternatives to the Billable Hour?
- Is alternative billing really an "alternative"? Meet companies where it is the norm.
- Why do we talk more about alternative fee arrangements than use them?
- What alternatives exist and their advantages and disadvantages, including whether some areas are more appropriate for alternative billing than others.
- The relationship between AFAs, LPOs, disaggregation, alliances & panels, reverse auctions, RFQs/RFPs, sourcing/procurement strategies—are they complementary, conflicting, or cohabitable?
Moderator: Jeffrey W. Carr, Senior Vice President, General Counsel and Secretary, FMC Technologies, Inc.
Speakers: Mark Cohen, Managing Director, Clearspire Service Co., L.L.C.; Peter J. Kalis, Chairman and Global Managing Partner, K&L Gates LLP; Patrick J. Lamb, Founding Member, Valorem Law Group
Session B | Cross-Border Issues: Strategies for Addressing Multi-Jurisdictional Risks
- Challenges of assessing, preempting, and addressing cross-border regulatory compliance issues.
- Considerations for developing a critical action plan to prepare for potential cross-border investigations.
- Impact of differing rules of privilege on the rights and obligations of cross-border litigants.
- Privacy and security implications of transborder data flows, and strategies for managing risk.
Moderator: Pamela Gonzales de Cordova, Managing Director, Trinity
Speakers: Sharon R. Ryan, Senior Vice President, General Counsel and Corporate Secretary, International Paper; Robert M. Talley, President—Corporate, General Counsel & Secretary, Johnson Matthey Inc.; Francis Zou, Partner, White & Case LLP
Session A | The "New Technology" GC: Liberator or Curse?
- The possibilities and challenges—both practical and legal—in the selection, implementation, and adoption of various new technologies as they apply to legal-service delivery platforms.
- Using technology to streamline processes while upgrading quality, consistency, and customer service.
- Fear, inertia, and hypotheticals—the resistor's arsenal or the prudent advisor's reality.
- Implementing technology initiatives—it's more about the culture than the toys.
- BYOD & social media—nightmare for IT and Legal?
Moderator: Kathleen T. Barlow, Senior Vice President, Marsh & McLennan Companies
Speakers: Shahzad Bashir, Executive Vice President, Huron Legal; Mark Chandler, Senior Vice President, General Counsel and Secretary, Cisco Systems, Inc.; Paul Lippe, Founder and Chief Executive Officer, Legal OnRamp
Session B | eDiscovery and the Use of Predictive Coding: What Is It, How Does It Work, and Why Should Corporate Law Departments Use It?
- What is predictive coding and why is the legal world viewing it as the solution to the enormous financial burdens of eDiscovery?
- How does it allow you to manage document intensive litigation more effectively?
- How do judges and experts know it is accurate and reliable?
- How can its use be defended by your in-house lawyers and outside counsel?
- How can it help you to reduce litigation costs and improve the quality of your organization's document review process?
Moderator: Jerone J. English, Director of the eDiscovery and Litigation Management Group, Intel Corporation
Speakers: Prof. Gordon V. Cormack, Professor, University of Waterloo; Maura R. Grossman, Counsel, Wachtell, Lipton, Rosen & Katz
General Counsel Roundtable: The Rewards and Pitfalls of being CLO and Business Executive
- What happens when you add the roles of Chief Compliance Officer, Chief Risk Management Officer, Chief Administrative Officer, and the leader for the regulatory, government relations, and human resources functions, amongst others?
- How do you train lawyers to take on these additional corporate responsibilities? Is "on-the-job" training enough?
- Are there institutions, programs, and courses that provide the academic foundation to prepare the CLO to assume these responsibilities?
Moderator: E. Robert Lupone, Executive Vice President, General Counsel and Secretary, Textron Inc.
Speakers: Michael Bisignano, Senior Vice President and General Counsel, Blackboard Inc.; Louis J. Briskman, Executive Vice President and General Counsel, CBS Corporation; Edward J. Weiss, Executive Vice President & General Counsel, Fenway Sports Group