2017 Program Schedule

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Below is the program schedule for the 2017 ACC Mid-Year Meeting.

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Sunday, April 2, 2017

5:00 PM - 6:30 PM

Welcome Reception

Monday, April 3, 2017

8:00 AM - 9:00 AM

Breakfast

9:00 AM - 11:00 AM

Track: Practical Strategies For Effective Contracts
101 - Driving Performance Through Contract Drafting
Presented by Lex Mundi

  • Understand how experienced contracts counsel design incentives – such as Statement of Work provisions, Service Level Agreements, Key Performance Indicators, representations, and warranties – to foster optimal contract performance;
  • Explore how peers craft termination, damages, and adjustment clauses that preserve relationships through performance reviews, lessons learned, remediation, and improvement processes;
  • Hear how other legal departments measure whether their contracts drive performance, identify lessons learned, and adjust their contracting practices for improved results;
  • Discuss how experienced counsel deal with the use of standard terms and conditions, and incorporate provisions by reference; and
  • Identify tips for negotiating and drafting provisions with parties in jurisdictions where terms may be interpreted and enforced differently.
Speakers:
Dina Davalle, Associate General Counsel, Booz Allen Hamilton Inc.
Patrick A. De Ridder, Partner, McGuireWoods LLP - a Lex Mundi member firm
Jordan Herman, Partner, Baker Botts a Lex Mundi Member Firm
Ellen Yang, Legal Director, Contracts, Taco Bell Corp

9:00 AM - 10:45 AM

CLO1 - Effective Crisis Response and Your Role as the Chief Legal Officer

For Small/Medium Law Departments

  • Hear from peers about crisis preparedness, and the key steps the CLO should take now, before a major crisis hits your company;
  • Understand how to lead most effectively in a crisis and work with your colleagues in other functions to implement your crisis plan;
  • Learn from peers about how to deflect assaults on your corporate brand and transform a crisis into an opportunity for your company; and
  • Discover how to lead through any crisis, including bet-the-company litigation, high-level internal investigations, data breaches, and more.

11:00 AM - 11:30 AM

Break

11:15 AM - 12:45 PM

Track: Financial Services Regulatory And Technology Pulse
203 - Regulator Roundtable: Surveying the New Financial Regulatory Landscape and the Road Ahead
Presented by WilmerHale
A roundtable of distinguished regulators and regulatory compliance experts will discuss regulatory developments, emerging issues and challenges impacting financial services institutions, and the outlook for the year ahead. The panel will address such topics as the impact of Executive Orders and consequences for the regulatory landscape; regulatory developments for the Fintech industry; enhanced prudential standards for foreign banking organizations; model risk management; financial crimes risk; and other topics of interest to attendees.
Speakers:
Tony Alexis, Assistant Director for Enforcement, US Consumer Financial Protection Bureau
Dawn Haghighi, General Counsel, PCV Murcor Real Estate
Hon. Ronald Machen, Former US Attorney for the District of Columbia; Partner, WilmerHale
Kathleen McGovern, Senior Deputy Chief, Fraud Section, Criminal Division, US Department of Justice
Brian Michael, Deputy General Counsel and Group Chief Compliance Officer, 21st Century Fox/Fox Networks Group
Winston M. Paes, Chief, Business and Securities Fraud Section, United States Attorney's Office, Eastern District of New York
Seth Stern, Deputy News Director, Bloomberg Law
CLO2 - Corporate Governance and Handling Corporate Secretarial Responsibilities in Small and Medium Law Departments
Presented by Nelson Mullins Riley & Scarborough LLP

For Small/Medium Law Departments

  • Discuss best practices among CLOs of small- and medium-sized law departments in applying current corporate governance standards, and handling the corporate secretarial duties of the corporation;
  • Learn how to best advise your Board of Directors as the CLO, while also often holding the role of corporate secretary; and
  • Hear from your peers about tools, resources, and service providers that exist to help support you in managing these responsibilities.
Speakers:
Brennan Ryan, Partner, Nelson Mullins

11:30 AM - 12:45 PM

Track: Practical Strategies For Effective Contracts
201 - Tackling Data-Related Challenges in Contracts
Presented by Corporation Service Company

  • Discuss how experienced counsel use contract terms to protect sensitive data received or shared by their organizations;
  • Learn how companies review vendor security controls, and negotiate corresponding security-related contractual provisions, internally and with key stakeholders;
  • At a time when vendors do not accept unlimited liability for data-related risks, understand how other organizations determine what data-related terms and risk levels are commercially acceptable, and what risk they can shift to suppliers or mitigate through other channels such as cyber-insurance;
  • Learn how to be creative in negotiations to resolve apparent data-related deal-breakers;
  • Explore how peers approach contract provisions on key data issues such as data privacy compliance, audit rights, requirements to report cloud use, data ownership, and the ability to mine, use, and track data; and
  • Hear how in-house counsel adjust existing contracts to comply with ongoing regulatory changes such as the Privacy Shield, the European Union’s General Data Protection Regulation, and evolving US state laws.
Speakers:
Kim Bykov, Vice President, Managing Sr Counsel, CA Technologies
Julia Le, Corporate Counsel, Business Insider
Jennifer Mailander, Director, Compliance & Privacy, Associate General Counsel, Corporation Service Company
Hilary Wandall, General Counsel & Chief Data Governance Officer, TRUSTe
Track: Employment Law Challenges & Solutions
202 - That’s Not What the Handbook Says! Marrying Practices and Policies to Combat EEOC Systemic Violation Investigations
 

Normally, employers win the vast majority of regular EEOC investigations, but when it comes to systemic investigations, the success rate drops to 50 percent. Failing to identify and mitigate risks, and demonstrate compliance, can have significant repercussions.

  • Explore proven best practices for cooperating with the EEOC while protecting your company and complying with ABA Model Rule 1.13;
  • Dive into unwritten behavioral and cultural trends that are impacting your business;
  • Discuss the new EEO-1 reporting requirements and how to turn these requirements into opportunities for improvement;
  • Learn to manage aggressive EEOC investigators and poorly conducted investigations;
  • Gain insight into dealing with a determination of cause, and how to proceed if the case goes to an administrative hearing; and
  • Examine notable EEOC trends, including the agency's use of social media to promote its agenda to the public.
Speakers:
Jennifer Harper, Principal Counsel, Employment Law & Litigation, DC Water
Micah Heilbrun, Legal Counsel - Labor & Employment, Exxon Mobil Corporation
Richard Roberts, Vice President, Litigation & Employment, FedEx Express

12:45 PM - 2:45 PM

Networking By Topic Lunch
Sponsored by Lex Mundi

Following the presentation of the ACC Advocacy Award, discuss hot topics affecting today’s law departments. Look for the app alert Monday morning with scheduled topics. Grab a seat at a table featuring the topic you want to discuss and learn new insights from fellow in-house counsel.

2:45 PM - 3:15 PM

Break

3:15 PM - 4:45 PM

Track: Practical Strategies For Effective Contracts
301 - Managing Enterprise Risk Through Contracts
Presented by ContractLogix
 

  • Examine processes that establish a team-wide approach to contract risk assessment, educate the business for informed risk-taking, and develop consistent mitigation strategies to address major risks;
  • Discuss tools that experienced contracts counsel use to rate risks associated with a contract and adjust review levels accordingly;
  • Explore how peers conduct due diligence on domestic and foreign vendors and clients;
  • Hear how others track evolving risks under existing contracts, and address risks of conflict between their companies' contracts and parallel documents, such as click-through terms or policies linked in contracts;
  • Identify strategies to manage risks when contracting across borders, such as risks related to co-employment, or choice of law and jurisdiction; and
  • Gain insight into ethical challenges that may arise when negotiating cross-border agreements, such as preserving privilege and confidentiality, and using local counsel (in light of ethics rules such as ABA Model Rules 1.1 and 1.6).
Speakers:
Timothy Donaghy, Founder, ContractLogix
Robert Jett, Senior Legal Counsel – Global Information Services, Stryker Corporation
Wendy Rubas, Vice President & General Counsel, Northwest Community Hospital
Track: Employment Law Challenges & Solutions
302 - Employee Communications and the Emerging Rules of Office Etiquette
Presented by NAVEX Global

The current heated political environment and growing social divisions raise a number of risks for employers, including conflict between employees and increased claims of harassment and discrimination.  These challenges are further complicated by the pervasiveness of social media and the risk that employee conduct that occurs outside of work finds its way back into the workplace.  While employers may be tempted to modify their policies regarding employee communications, evolving regulation has complicated the options open to employers. What are employers to do?
 
In this interactive session, we will explore:
 
·NLRB and EEOC guidance on the restrictions that employers may (and may not) place on employee speech and actions
·Practical considerations related to policies affecting employee behavior and communications
·Challenges associated with confidentiality in internal investigations, and discuss the office of general counsel's role in investigating internal complaints
·The scope of NLRB rulings and their application to alternative work arrangements and contingent workforces
Speakers:
Andrew Foose, VP of Advisory Services, NAVEX Global, Inc.
Jennifer Fournier, General Counsel, Vice President, HR & Compliance Group, The Schuster Group
Ronald Peppe, VP Legal & Human Resources, Secretary, Director, Canam Steel Corporation
Track: Financial Services Regulatory And Technology Pulse
303 - The Rise of Fintech: An Impact Analysis and Blockchain Case Study

  • Learn the key concepts of distributed ledger technology that make it fit for use in the financial services industry, including its potential impact on middle- and back-office operations;
  • Discuss the key benefits to using this technology and the pain points it can solve, including those related to AML/KYC obligations;
  • Identify challenges to the widespread adoption of distributed ledger technology, including regulatory issues, cyber-security risks, and operational risks that in-house counsel should anticipate as the technology becomes more widely used.
  • Discover the tremendous capabilities of smart contracts, as well as change management challenges to negotiating contracts in a new way;
  • Examine the path to development of this technology to date and look forward to anticipated developments over the next 2-3 years; and
  • Pinpoint actions that financial services legal departments can take to support corporations in responding appropriately to this new wave of innovation.

Speakers:
Jason Mark Anderman, Vice President and Senior Counsel, American Express
Ingrid Busson-Hall, Senior Director, Financial Regulation, PayPal
Isabelle Corbett, Senior Counsel & Director of Regulatory Affairs, R3
Caragh Landry, Global Head, Discovery Services, Integreon
CLO3 - How CLOs, CCOs, and Chief Risk Officers in Large Companies Can Partner to Mitigate Compliance Risk Today

For Large Law Departments

Major recent compliance failures at large companies suggest revisiting corporate organizational structures and how CLOs, Chief Risk Officers, and Chief Compliance Officers relate to each other. Historically, compliance, legal, and risk roles were strictly separated, ostensibly to create greater independence in reporting, and improve internal controls. This CLO Roundtable will address the following questions regarding this structure:

  • Was this effort successful, and are there alternative models that would be preferable?
  • Has splitting up roles weakened the ability of CLOs to provide credible checks and balances on questionable business practices?
  • Should the compliance function be put back with the CLO? If not, how should CLOs most effectively work with CROs and CCOs to prevent potential compliance catastrophes?
Speakers:
Brian Brooks, Executive Vice President, General Counsel, and Corporate Secretary, Fannie Mae

4:45 PM - 6:00 PM

Reception

Meet and mingle with other in-house lawyers from similar-sized law departments

Stop by the registration desk and pick up a wristband that represents your department size. Then, wear it to this reception and find others wearing the same color band to connect with other attendees from similar size departments.

Tuesday, April 4, 2017

8:00 AM - 9:00 AM

Breakfast

9:00 AM - 10:30 AM

401 - Expecting the Unexpected: Duty of Care and Workplace Risks for Multinational Organizations
Presented by Bloomberg Law

Last year, Steve Dennis, a kidnapped aid worker, won a landmark lawsuit against his employer. The Dennis case coupled with recent trends involving acts of terrorism, active shooters, and business travelers and expatriated employees getting hurt and killed in conventionally safe environments, sheds light on an emerging area of risk for multinational organizations. From terrorist attacks in Nice and Brussels to mass shootings in Paris, Orlando, Colorado Springs, and San Bernardino, workplace violence is becoming a reality for employers around the world. In this session, attendees will learn the following from seasoned security, crisis, and legal experts:

  • The greatest areas of concerns for employers;
  • Duty of care and legal liability frameworks under civil and common law;
  • The industries that are most vulnerable to workplace violence; and
  • What to do when faced with an active shooter scenario.
The session will highlight findings from the ACC 2017 Chief Legal Officers Survey, and offer takeaways attendees can use to help their organizations protect employees and navigate risk.
Speakers:
John Darby, Lead CBRNE Investigative Response Specialist, Pentagon Force Protection Agency
Laura Hagmann, Managing Editor, Bloomberg Law
Derede McAlpin, Vice President and Chief Communications Officer, Association of Corporate Counsel
Eve Wright Taylor, SVP, Legal Affairs & US Sports Marketing, Unscriptd

10:30 AM - 11:00 AM

Break

11:00 AM - 12:15 PM

Track: Practical Strategies For Effective Contracts
501 - Contract Management Strategies
Presented by ContractWorks

  • Discuss how peers use new contract management tools and processes, and ensure processes are followed across their organizations;
  • Explore how companies use tools such as contracts workflow tools, authoring tools, analytics, and artificial intelligence-type systems to drive process efficiency and risk analysis; learn how such tools may be best suited for different types of contracts and law departments;
  • Discuss how contract metrics impact group culture and change management;
  • Explore the implications of going digital – for example, by using electronic signatures and click-through licenses – on contract management; and
  • Hear how experienced counsel optimize the contracting process by leveraging internal and external stakeholders, such as their organizations’ procurement teams (e.g., to use Requests for Proposals and negotiate more favorable terms through a competitive multi-vendor selection process), subject matter experts (e.g., information security, risk management, and other internal stakeholders), and Legal Process Outsourcing providers (LPOs).
Speakers:
Kimberly King, Senior Counsel, John Deere
Albert Oaten, VP, Market Development, ContractWorks
Tracy B. Rolph (Stanton), Senior Counsel - Asset Management, NRG
Track: Employment Law Challenges & Solutions
502 - Avoiding Costly Wage and Hour Class Action Litigation
Presented by Fisher Phillips
    Despite often having little merit, most wage and hour class actions have the potential to create significant financial burdens on employers.  Internal strategies employed by in-house counsel are crucial to avoiding costly litigation.  This panel will discuss wage and hour class, collective, and representative actions generally, as well as address specific strategies and tactics to avoid class actions and minimize associated risks, including:

  • Internal wage and hour audits and other preventive strategies; 
  • Pros and cons of arbitration agreements and class action waivers; and
  • “Armoring” strategies and tactics (lessons learned from past litigation, and policies and practices to implement now to help defend against future actions).

Speakers:
Chris Boman, Partner, Fisher & Phillips LLP
Kevin Chapman, Associate General Counsel, Dow Jones
James Herman, Senior Managing Counsel, North America Employment Affairs, Chubb NA
Nathalie Le Ngoc, Assistant General Counsel, Employment & Ethics, Salesforce.org
Track: Financial Services Regulatory And Technology Pulse
503 - A Simulated Bad Day: Exercising a Corporate Cybersecurity Breach
Presented by Adams and Reese LLP

  • Through interactive scenarios, learn how financial corporate-level cybersecurity exercises are designed, conducted, and evaluated with the purpose of identifying and remediating gaps in incident-response coordination and investigations;
  • Understand business peers’ critical concerns when assessing preparedness for major incidents;
  • Identify areas in which legal, regulatory, and business knowledge of in-house lawyers should be leveraged to support the corporation;
  • Identify key legal, regulatory, and compliance issues associated with a financial firm's response to a suspected or confirmed large-scale, cyber-induced data breach; identify policies and capabilities that can enhance preparation, prevention, response, recovery, and continuity of operations in such an event; and
  • Gain insight into the current cyber-threat landscape of the financial sector.
Speakers:
Adam Bulava, Executive Director of Cybersecurity Exercises, JPMorgan Chase
Jack Pringle, Partner, Adams & Reese
Sarah Statz, Vice President and Senior Counsel, American Express

12:15 PM - 2:00 PM

Networking By Industry Lunch
Sponsored by Bloomberg Law

Talk more with your colleagues based on your industry. Compare and discuss shared issues and challenges

2:00 PM - 3:15 PM

Track: Practical Strategies For Effective Contracts
601 - Aligning Contracts and Regulatory Compliance
Presented by Exari

  • Explore how experienced in-house counsel manage the impact of evolving regulations and enforcement trends on contracts;
  • Identify collaboration strategies for contracts counsel and compliance professionals;
  • Hear how peers drive vendor and client alignment with compliance policies on key topics such as human rights, workplace conditions, and anti-corruption; and
  • Discuss recent developments in government contracts, such as flow-down requirement trends in US federal and state government procurement, and emerging issues in the international landscape of public procurement.
Speakers:
Fernanda Beraldi, Director, International Ethics & Compliance and Corporate Counsel, Cummins Inc.
Ruth Hay, Corporate Contracts Attorney, ON Semiconductor
Jamie Wodetzki, Founder & Chief Product Officer, Exari
Track: Employment Law Challenges & Solutions
602 - Societal Changes and Their Impact on In-house Employment Practices
Presented by Jackson Lewis P.C.

Few issues in-house counsel grapple with move at the speed of fiberoptics, but social media renders your policies, processes, and general understanding of risks and opportunities obsolete with the click of a button. Savvy in-house counsel will discuss the most relevant social media issues facing companies and legal departments today, including (but not limited to):

  • How the government’s use of social media to promote policy changes sometimes leaves out important context, and can create significant confusion among your employees;
  • Managing millennials’ social media engagement; and
  • Leveraging employees’ use of social media to accomplish corporate objectives (e.g., conducting training, and increasing transparency or awareness of internal policies and benefits).
Speakers:
Alexander Bogdan, Attorney
Holly Cini, Principal, Jackson Lewis P.C.
Philip Weis, Director & Senior Counsel II, Boehringer Ingelheim Corporation
Amy Yeung, VP - Legal, Dataminr
Track: Financial Services Regulatory And Technology Pulse
603 - Financial Services Roundtables

During this facilitated roundtable session, attendees will participate in breakout discussions moderated by subject-matter counsel from some of the largest financial services organizations in the world. Discussion topics will be tailored based on attendee representation; topics will include issues related to:

  • Banking
  • Insurance
  • Investment
Registrants will be invited to submit issues for discussion in advance. Discussion notes will be distributed to all session attendees.
Speakers:
Richard De Giacomo, Jr., Senior Legal Counsel, DELL | Financial Services
Howard Lindenberg, Managing Associate General Counsel, Freddie Mac
Matthew Michaels, Assistant General Counsel – Litigation, MetLife

3:15 PM - 3:45 PM

Break

3:45 PM - 4:45 PM

701 - Advanced Topics in Corporate Attorney-Client Privilege and Confidentiality
 

Take a deep dive into some of the more complicated areas of attorney-client privilege that in-house counsel face, including:

  • Maintaining privilege in internal investigations;
  • Determining whether privilege will apply to compliance activities;
  • Dealing with the corporate board and auditor requests for legal information;
  • Managing legal work performed by non-legal personnel; and
  • Preserving privilege across state and international borders.
Faculty will also discuss the ethical duty of confidentiality in ABA Model Rule 1.6 and how that applies in corporate practice.
Speakers:
Relani Belous, SVP, General Counsel, Penthouse Global Media Inc.
Mary Blatch, Director of Advocacy and Public Policy, Association of Corporate Counsel
Todd Braunstein, Head of Legal Investigations, Willis Towers Watson
William T. Purdue, Deputy General Counsel - Litigation, United States Steel Corporation
ACC reserves the right to modify program content at its discretion.
This program is eligible for CLE/CPD credits. Sessions that may be eligible for ethics CLE/CPD credit are noted.
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