Written Materials & Speaker Biographies
Thursday, February 15, 2018
CLE Plenary: 2018 Litigation Management Roundtable
3:45 pm – 5:00 pm
The Litigation Management Roundtable will address continuing and emerging trends and issues of concern to corporate counsel, including ethical concerns created by business and litigation realities. Our panelists will provide their thoughts on the challenges inside and outside counsel must address and how outside counsel may provide value.
Moderator: Anthony J. Carriuolo, Berger Singerman LLP, Fort Lauderdale, FL
Speakers: Franz Hardy, Gordon Rees Scully Mansukhani LLP, Denver, CO; Aaron Johnson, eBay Inc., San Jose, CA; Renee M. Lawson, Airbnb Inc., San Francisco, CA; Sung Yang, Molson Coors Brewing Company, Golden, CO
CLE Plenary: General Counsel Forum
5:15 pm – 6:30 pm
The challenges facing in-house counsel are constantly changing. Featuring veteran general counsel from both publicly traded and privately held companies, this panel will address hot topics from cybersecurity to the latest trends in litigation management to the always popular tips for the counsel relationship. New this year will be a lightning round of quick response Q&A with our panelists.
Moderator: Palmer Gene Vance II, Stoll Keenon Ogden PLLC, Lexington, KY
Speakers: J. Paul Allen, Fischer Homes Inc., Erlanger, KY; Kathleen Johnston, Facebook, Menlo Park, CA; Marc L. Kesselman, Yum! Brands Inc., Plano, TX; Rita Tuzon, Fox Networks Group, Los Angeles, CA; Jun Yamato, Roland Corporation U.S., Los Angeles, CA
- Chief Legal Officer Survey 2017: An Altman Weil Flash Survey
- Legal Department Trends for 2018: Cyber-security, GDPR and more!
- The Legal Institute For Forward Thinking: Legal Trends, Observations And Predictions For 2018
- Five Techniques for Selecting and Managing Outside Counsel Without Upsetting the Applecart
Friday, February 16, 2018
CLE Plenary: Cybersecurity and the Obligation of Companies: An Ethical Perspective on Breaches and Responses (Ethics)
8:00 am – 9:15 am
This program will discuss the ethics of cybersecurity breach reporting, including the complex tensions between the need to maintain customer, business partner, and regulator trust, while ensuring that information is accurate and that the company is put in the best position for a zealous defense of any potential government investigations and civil litigation.
Moderator: James Melendres, Snell & Wilmer LLP, Phoenix, AZ
- Cybersecurity Trends for Boards of Directors
- PowerPoint: Cybersecurity and the Obligation of Companies: An Ethical Perspective on Breaches and Response
- PowerPoint: Investigations – Customer Focused
CLE Breakout: How Experienced Lawyers Can Hone Their Mediation Advocacy Skills
9:30 am – 10:30 am
In this graduate level session, our panel (outside counsel, a federal judge, and two neutrals with diverse backgrounds) will talk about what experienced outside and in-house counsel need to know to sharpen their mediation skills for complex mediations. We will assess how best to select and work with experienced mediators and advanced preparation and mediation session techniques.
Moderator: Conna A. Weiner, Conna Weiner ADR, Boston, MA
Speakers: David Brodsky, Brodsky ADR LLC, New York, NY; Adrienne K. Eason-Wheatley, The Bank of New York Mellon, New York, NY; Hon. Marilyn Heffley, U.S. District Court for the Eastern District of Pennsylvania, Philadelphia, PA; David Singh, Weil, Gotshal & Manges LLP, Redwood Shores, CA
- The Seven Deadly Sins of Mediation
- Choosing a Mediator
- Counsel’s Preparation for a Mediation: Creating the Basis for Resolution
- Five Things Your Client Should Know and You Should Do Before a Mediation
- Conference Order: John Smith v. Acme Markets Inc.
- Honing Mediation Skills
- Mediation Before Litigation or Arbitration
- Questions for In-House Counsel to Ask Litigation Counsel About Mediation Checklist
- Striving for a Bullet Proof Mediated Settlement Agreement
- Subjects for Trial Counsel to Discuss with the Client About Mediation Checklist
- The Four P’s of a Successful Mediation
CLE Breakout: The Times They Are A-Changin’: Keeping Up with the Changing Employment Law Landscape (In-House Bootcamp)
9:30 am – 10:30 am
Our expert panel will guide you through the hot topics in employment law, including the status of the proposed changes to the overtime regulations, the ongoing employee misclassification lawsuits, prohibitions on inquiring about job applicants’ salary history, dealing with employee recreational marijuana use in states where it’s legal, the differing views on whether Title VII covers gender identity, new paid sick leave laws, recent cases on ADA reasonable accommodations, and what the changes to the membership of the EEOC and NLRB mean for your company.
Moderator: Heather White, TIAA, Charlotte, NC
Speakers: Lauren Mutti, Southern Glazer’s Wine and Spirits, Dallas, TX; Amy M. Stewart, Stewart Bradbury PLLC, Dallas, TX; William Weinberger, Parker Milliken Clark O’Hara & Samuelian, Los Angeles, CA
- Watch Your Step to Avoid Tripping up Your HR Strategies
- Trumping It Up: Analyzing the New Administration’s Impact on Employers
- Changes in 2019 to California Law Impact Employers’ Hiring and Employment Practices
CLE Breakout: The Internet of Things: Changing Business, Changing Law, and Changing Lives
9:30 am–10:30 am
The Internet of Things (IoT) is the new industrial revolution. Everyday devices are communicating with the Internet in ways never before imagined. This session describes real-life scenarios of how companies are implementing IoT and the legal implications of this new technology including, for example, product liability, warranties, privacy, data security, and intellectual property.
Moderator: Stephen E. Reynolds, Ice Miller LLP, Indianapolis, IN
- The Internet of Things: Changing Business, Changing Law, Changing Lives
- Internet of Things Quick Reference
CLE Breakout: TED-Style Talk: Why Smart People Give Stupid Testimony
10:45 am - 11:45 am (first 30 minutes)
Using examples from famous witnesses like Bill Cosby, Bill Gates, Paula Deen, and Tom Brady, lawyer/author Ken Berman offers an engaging talk showing why smart people give stupid answers and how a paradigm shift in witness preparation can eliminate career-ending or case-losing testimonial suicide.
Speaker: Kenneth R. Berman, Nutter McClennen & Fish LLP, Boston, MA
CLE Breakout: TED-Style Talk: Trying the Media Influenced/Celebrity Case - What to Do When Your Case is Reported Daily in the Press and is Televised Live?
10:45 am - 11:45 am (last 30 minutes)
There has been a marked increase in the number of media influenced/celebrity cases, both criminal and civil. These cases raise a host of issues and this program will explore the key considerations when your case is tried not only by a jury, but by the public eye as well.
Speaker: Michael A. Attanasio, Cooley LLP, San Diego, CA
- Tips for Handling High-Profile Media Cases
- Spinning and Winning in The Court of Public Opinion
- Rule 3.6 Trail Publicity
- Damage Control in the TMZ Era
- Effectively Handling High-Profile and Celebrity Cases
CLE Breakout: Autonomous Lawyering: Predictive Analytics and Artificial Intelligence are Changing the Practice of Law
10:45 am − 11:45 am
Artificial intelligence can/will perform research faster and maybe even better than lawyers. This panel will explore what artificial intelligence can do for lawyers and legal restraints on lawyers' use of artificial intelligence. This discussion will include a look at the use of predictive analytics by in-house and outside counsel in discovery and otherwise.
Moderator: Robert W. Kantner, Jones Day, Dallas, TX
CLE Breakout: WhatsApp: Detecting Problems and Managing Risk in the Age of Encryption and Disappearing Evidence
10:45 am − 11:45 am
This program will explore the challenges in-house counsel and law enforcement alike face in uncovering evidence of possible corporate executive wrongdoing in an era where communications and evidence can be hidden via new tools and devices. Hear from FBI, DOJ and Compliance advisors on the latest developments.
Moderator: Lisa M. Phelan, U.S. Department of Justice, Antitrust Division, Washington, DC
Speakers: Craig C. Lee, Baker McKenzie LLP, Washington, DC, Devon Mahoney, Federal Bureau of Investigation, Charlotte, NC, Nichole Williams-Miller, Verizon Wireless, Arlington, VA
- State of Florida, Petitioner v. Aaron Stahl, Respondent
- Digital Privacy and E-Discovery in Government Investigations and Criminal Litigation
- Encryption Workarounds
CLE Breakout: Diversity & Inclusion Roundtable (Elimination of Bias)
1:15 pm – 2:15 pm
Empirical evidence shows that diverse teams make better decisions and achieve better results than teams that are not diverse. Despite these findings, progress and promotion for women, minority, and LGBTQ attorneys continues to lag behind other professions, with law firms making fewer gains that in-house environments. Our panel of experts will share their views on the challenges faced by women, minority, and LGBTQ attorneys, and their insights on the steps each of us can take to make the legal profession more diverse and inclusive sooner rather than later.
Moderator: Patricia O’Prey, Norwalk, CT
- The Business Case for Diversity: Reality or Wishful Thinking?
- Disregard Diversity at Your Financial Peril: Diversity as a Financial Competitive Advantage Red Flags
- IILP Review 2017: The State of Diversity and Inclusion in the Legal Profession
- To Be, Or Not To Be, A Large Law Firm Partner
- Balancing the Value Proposition for Diversity & Inclusion with Other Core Values
- Taking Action to Make Diversity & Inclusion a Reality
- Women in the Workplace 2017
CLE Breakout: The Attorney-Client Privilege for In-House Counsel
1:15 pm - 2:15 pm
This program will address some of the unique issues facing in-house counsel regarding the attorney-client privilege, including giving mixed legal and business advice, advising related corporate entities, and working across international lines. A distinguished panel will offer their insight into these issues as well as common pitfalls and best practices.
Moderator: Lance J. Ream, Gordon & Rees Scully Mansukhani LLP, Denver, CO
Speakers: Paul Sung Cha, CoorsTek Inc., Golden, CO, Laurie Korneffel, Denver, CO, Hon. Nina Y. Wang, U.S. District Court for the District of Colorado, Denver, CO
- Proactive Protection of Privilege: Steps to Take Before an Opponent Seeks to Pierce the Attorney-Client Privilege in the Corporate Setting
CLE Breakout: Legal Outsourcing: Practical and Ethical Considerations (Ethics)
1:15 pm - 2:15 pm
This program will address the practical and ethical considerations surrounding legal outsourcing. First “legal outsourcing,” would be defined from the standpoint of ethical rules. Next, the panel will discuss various types of projects on which legal outsourcing is useful, from the production of documents to substantive document and privilege review to legal research and analysis.
Moderator: Merrick L. "Rick" Gross, Carlton Fields Jorden Burt PA, Miami, FL
Speakers: Elizabeth S. Fenton, Saul Ewing LLP, Wilmington, DE, Ellen A. Pansky, Pansky Markle Attorneys at Law, South Pasadena, CA, Diane Quick, Navigant, New York, NY, Anuj Shah, Hire an Esquire, Inc. c/o WeWork Transbay, San Francisco, CA, Jenna Unell, C-III Asset Management LLC, Irving, TX
- Legal Outsourcing: Practical and Ethical Considerations
- American Bar Association Commission on Ethics 20/20 Report to the House of Delegates
Saturday, February 17, 2018
CLE Plenary: Class Actions – Scared Straight: Real Class Action Stories, Strategies, and Solutions from Both Sides of the “v.”
8:00 am - 9:15 am
This program will challenge general counsel from a plaintiffs’ class-action lawyer’s perspective. It will reveal plaintiffs’ lawyers’ motivations and goals by describing these lawyers’ actual attacks. The panel’s honest discussion of perilous class-action issues will help attendees to identify and defeat class-action cases.
Moderator: Daniel Karon, Karon LLC, Cleveland, OH
- Bundle Up, Defense Counsel: Winter’s Coming
- Why ‘Class Action Attorney Fees’ Are Such Dirty Words
- Killing Class Actions Means Everybody Loses
- Law 360 - How Plaintiffs and Defense Counsel Misperceive Each Other
- CFPB’s Payday Loan Protections Protect Big Business Too
CLE Plenary: Ten Tips to Develop Your Expert Witness Expertise (In-House Bootcamp)
8:00 am – 9:15 am
Expert witness testimony can make or break your case. Our panel of experienced attorneys will go beyond the basics and share their insights on ways to maximize the value of experts in litigation. Hear tips on topics ranging from selecting the right expert for your case, to cross examining the opposing party’s expert at trial, from lawyers who are experts at working with experts.
Moderator: Beatrice O’Donnell, Duane Morris LLP, Philadelphia, PA
Speakers: Shantel Bill, Schumacher Electric Corporation and Don Schumacher Racing, Boston, MA; Hon. Karen S. Crawford, Court for the Southern District of California, San Diego, CA; Joao Dos Santos, Navigant, Los Angeles, CA; Paula W. Hinton, Winston & Strawn LLP, Houston, TX; Tiffanee Wade-Henderson, International Paper Company, Memphis, TN
- Expert Reports and Communications: Pointers on Privilege and Waiver
- Preparing Your Damages Expert for Trial
- Using a Consulting Expert’s Assistance to Take Effective Depositions
- Tips for Finding and Vetting Expert Witnesses
- Five Mistakes Litigators Make When Preparing Expert Witnesses for Depositions
- The Centerpiece Exhibit and Other Courtroom Communication Considerations
- Expert Witnesses: You Can’t Try a Big Case Without Them, and You Can’t Kill Them
- Games Experts Play: Did the Expert Actually Write the Articles?
- Enter Angus: His Initial Words of Wisdom Focus on Cross-Examining Expert Witnesses
- What's the worst experience you've had dealing with your own expert witness?
- Three Strikes: Litigation Section Drops Proposal for Guidelines on Dealing with Expert Witnesses
- Preserving Your Psychiatric Expert’s Integrity in Criminal Matters: From Retention Through Testimony
- How Lawyers Can Effectively Cross-Examine Psychiatrists and Psychologists
- Put Simply, Make Your Experts Teach
- Five Mistakes Litigators Make When Preparing Expert Witnesses for Depositions
- Experts Will Tell You a Lot in Depositions if You Ask the Right Questions
- The Expert Witness Process: Are You Doing What’s Best for Your Clients?
- For an Expert Witness, Consider Reputation, Location and Cost
CLE Breakout: Are You Smarter Than a Fraudster?: A Game Show Designed to Educate General Counsel on Collecting and Analyzing Complex and Emerging Data Sources for Investigations
9:30 am - 10:30 am
As the Fourth Industrial Revolution continues, emerging data sources are becoming more relevant than ever to complex investigations. Navigant’s experts will provide insights into how to identify and extract data from relevant sources and conduct analysis during a data driven internal investigation. Topics include IoT/Big Data/Analytics/Machine Learning.
Moderator: Jonathan R. Marshall, Navigant, Chicago, IL
Speakers: Zachary Adams, Squire Patton Boggs, Washington, DC, Mira Edelman, Facebook, San Francisco, CA
CLE Breakout: An SEC Enforcement Update: A Look at the Numbers and the Current Issues Facing Corporations
9:30 am – 10:30 am
Understanding the current regulatory environment is an important part of every GC’s job. This panel, led by experts who regularly investigate SEC related issues or respond to inquiries made by the regulatory authorities, will help GCs understand the most recent enforcement actions taken by the SEC and the current “hot” areas of focus that may lead to the next wave of regulatory scrutiny.
Moderator: Zabrina Jenkins, Starbucks Corporation, Seattle, WA
Speakers: Koji Fukumura, Cooley LLP, San Diego, CA, Amy J. Longo, SEC Division of Enforcement, Los Angeles, CA, Achyut Phadke, Munger Tolles & Olson LLP, San Francisco, CA, James Walker, Richards Kibbe & Orbe LLP, New York, NY
- United States of America before the Securities and Exchange Commission
- Securities and Exchange Commission Securities Exchange Act of 1934
- SEC Announces Enforcement Initiatives to Combat Cyber-Based Threats and Protect Retail Investors
- In the Supreme Court of the United States, Raymond J. Lucia, et al., Petitioners v. Securities and Exchange Commission
- Are Cyber-Related Securities Violations the Next Frontier in Securities Enforcement? Walker
CLE Breakout: The Countdown to the GDPR: Is Your Organization Ready?
9:30 am - 10:30 am
The General Data Protection Regulation goes into effect on May 25, 2018. The maximum fine for a violation of the GDPR is 4% of total annual worldwide turnover or €20 million, whichever is higher, and allows data subjects to bring legal action against organizations where a data breach has occurred. Our panel will discuss what you need to know to protect your organization, including the definitions of "Personal Data" and consent, the collection and purpose limitation, and the "Right to be Forgotten."
Moderator: Gail Gottehrer, Akerman LLP, New York, NY
- PowerPoint: The Countdown to GDPR
- Article 29 Data Protection Working Party: Guidelines on Data Protection Impact Assessment (DPIA)
- Article 29 Data Protection Working Party: Guidelines on Personal Data Breach Notification Under Regulation 2016/679
- Article 29 Data Protection Working Party: Guidelines on the Application and Setting of Administrative Fines for the Purposes of the Regulation 2016/679
- Article 29 Data Protection Working Party: Guidelines on Automated Individual Decision-Making and Profiling for the Purposes of Regulation 2016/679
- Preparing for the General Data Protection Regulation (GDPR) 12 Steps to Take Now
- Article 29 Data Protection Working Party: Guidelines on the Right to Data Portability
- Article 29 Data Protection Working Party: Guidelines on Data Protection Officers (‘DPOs’)
- Article 29 Data Protection Working Party: Guidelines on Data Protection Impact Assessment (DPIA) and Determining Whether Processing is “Likely to Result in a High Risk” for the Purposes of Regulation 2016/679
Non-CLE Workshop: Why Should I Keep Talking to You? Forming Foundations for Trusted Relationships
10:45 am – 12:00 pm
Meeting someone for the first time can be awkward. Especially when there is an opportunity to start a new professional relationship. The words, “So, what do you do?” should be a welcome opportunity for us to introduce ourselves and describe how we might help others. But, we often stumble, talk too much or don’t give enough information to really start a relationship. Canned, scripted “elevator pitch” may even trip us up more as we try to spit out our memorized lines.
Join us in this session as Law Firm Business Development Consultant, Craig Brown takes us beyond canned elevator pitches and gets us to memorable conversations that will lead to satisfying professional relationships. This session will help you create a framework for applying first introductions to a variety of settings and then use your new relationships to begin building new business.
Speaker: Craig Brown, Vision Law Group, San Diego, CA
Non CLE Workshop: Forum for In-House Counsel Only: Peer-to-Peer Open Forum Discussion
10:45 am - 12:00 pm
Candid, open forum discussion led by in-house counsel for in-house counsel on topics of shared interest. No outside counsel allowed, permitting the group to facilitate a more open discussion.
Leader: Heather White, TIAA-CREF, Charlotte, NC