Below you will find the CLE schedule for the 2019 Corporate Counsel College. Under each CLE program description, CLE materials are listed. Please click each hyperlink to access that specific CLE material. If you have any issues accessing these materials, please contact Melisa Maisel Vanis, Director of Professional Development and Assistant Director of Meetings, at mmaisel@iadclaw.org or Ashley Hatfield, Director of Communications, at ahatfield@iadclaw.org.
To see speaker bios, please click here.
Thursday, April 11, 2019
7:15 - 8:00 a.m.
BREAKFAST
8:00 - 8:15 a.m.
OPENING REMARKS
Joseph E. O’Neil, Corporate Counsel College Dean
Campbell Conroy & O’Neil, P.C., Philadelphia, PA USA
Craig A. Thompson, IADC President
Venable LLP, Baltimore, MD USA
8:15 - 9:15 a.m.
Preparing Global Companies for Navigating through U.S. Litigation
Snared in the net of the mesh mass tort in the U.S. (which has gone “viral” to countries around the world), Coloplast executives faced a situation and risk of exposure they had not before. This presentation will share lessons learned from the experience. Coloplast executives, both from the business perspective and the legal perspective, will discuss their impressions of the U.S. litigation system, ideas and suggestions on how outside counsel can best serve their needs, what processes and procedures both inside and outside counsel should think about to counsel the business, and manage expectations, as the mass tort plays through.
Moderator: Lana Kay Varney, King & Spalding LLP, Austin, TX USA
Panelists: Lisa M. Floro, Global General Counsel, Interventional Urology, Coloplast Corp., Minneapolis, MN USA; Steffen Hovard, President & Senior Vice President, Interventional Urology, Coloplast Corp., Minneapolis, MN USA
Materials:
9:15 - 9:30 a.m.
REFRESHMENT BREAK
9:30 - 10:30 a.m.
Glum, Manic, and Drunk – Not a Law Firm to Emulate or Hire
Society is in the grip of a mental health crisis. Law firms and legal departments are not immune from this situation. It is time to do something! With the help of a lawyer leading the charge on the ground in his firm and state, and a past director of the Texas lawyer’s assistance program, this presentation will provide information on how pervasive this problem is and, importantly, on how law firms and legal departments can work independently and together to support their lawyers before and during periods of crisis.
Moderator: Charles Stuart Mauney, Gallivan, White and Boyd, P.A., Greenville, SC USA
Speaker: Bree Buchanan, Krill Strategies, Austin, TX USA
Materials:
10:30 - 10:45 a.m.
REFRESHMENT BREAK
10:45 - 11:45 a.m.
Corporate Compliance: Is Filip a Factor for You?
The United States Attorney’s Manual describes several specific factors that prosecutors should consider in conducting organizational investigations, determining whether to bring charges, and negotiating plea or other agreements. Commonly known as the Filip Factors, they include (1) the existence and effectiveness of an organization’s pre-existing compliance program and (2) the organization’s remedial efforts to implement an effective compliance program or to improve an existing one. U.S. Department of Justice, Criminal Division, Fraud Section – Evaluation of Corporate Compliance Programs. This panel discussion will include an awareness analysis of the Filip Factors and explore best practices for keeping business organizations out of the government’s crosshairs.
Moderator: Thomas W. “Trea” Southerland III, Lead Counsel – Government & Compliance, Federal Express Corporation, Memphis, TN USA
Panelists: Scott Schools, Chief Compliance and Ethics Officer, Uber Technologies, Inc., San Francisco, CA USA; Charles S. Schwager, Vice President and Chief Compliance & Ethics Officer, Waste Management, Inc., Houston, TX USA; Jamie E. Stern, Former Managing Director, Head of Investigations for the Americas at UBS, New York, NY USA; John Unice, Assistant Secretary & Senior Counsel, Litigation & Polycarbonate Business Support, Covestro LLC, Pittsburgh, PA USA
Materials:
11:45 a.m. - 12:15 p.m.
LUNCHEON
12:15 - 1:00 p.m.
KEYNOTE SPEAKER
John Q. Barrett, Professor of Law, St. John’s University, New York, NY USA
Lawyering Nuremberg: Building the Rule of Law Following World War II
Following Nazi Germany’s unconditional surrender and the captures of leading Nazis in May 1945, the victorious Allied nations— the U.S., the U.S.S.R., and the U.K., joined by the new French republic—worked to deliver on wartime pronouncements that they would, together, hold the leading Nazi perpetrators legally accountable for their World War II crimes. In the U.S., President Truman appointed Supreme Court Justice Robert H. Jackson to serve as U.S. chief of counsel. In Washington, then in London, and then in Nuremberg, in what had been Nazi Germany, Justice Jackson assembled a legal team, negotiated with Allies to create the world’s first international criminal court, assembled evidence, brought charges, and served as U.S. chief prosecutor, building an evidentiary record and winning judgments that held individual criminals accountable while advancing international law and protections for human rights. Professor Barrett will describe the work of Justice Jackson and others in the Nuremberg trials and the enduring significance of that work for the world, the law, and lawyers.
1:00 - 2:00 p.m.
Crowdsourcing: What It Is, How It Works, and Its Implications for Corporate America
Thumbs up? Thumbs down? Space for detailed reviews? The internet allows customers and other members of the public to comment on everything from products to services to advertising campaigns and company strategy. Crowdsourcing affects businesses of all types. In-house and outside counsel will discuss a variety of legal and practical concerns that both positive and negative reviews can have on a business, including implementation of appropriate policies, how to manage negative reviews, whether the business should participate in crowdsourcing or responding to online comments, the legal implications including defamation, FTC, copyright, and other statutory concerns. The panel will also address ethical issues attorneys may face with regard to legal crowdsourcing.
Moderator: Sandra J. Wunderlich, Tucker Ellis LLP, Saint Louis, MO USA
Panelists: James Rosenfeld, Davis Wright Tremaine LLP, New York, NY USA; Catherine Turner Willmunder, Vice President-Employee Relations and HR Compliance, Apria Healthcare, Lake Forest, CA USA
Materials:
2:00 - 2:15 p.m.
REFRESHMENT BREAK
2:15 - 3:15 p.m.
Developing the Modern Lawyer: Growth, Social Responsibility, and Commitment to Inclusion and Diversity
This panel will explore the essence of what it means to be in today’s legal profession. Outside of the substantive legal work performed for our respective clients, the profession at its heart also means much more. To serve our clients better, lawyers must have balance outside of their core competencies and be geared toward helping and evolving with the society constantly changing around them. This panel will focus its discussion on lawyer and legal department development and the role things like inclusion and diversity, pro bono, and corporate social responsibility play in that development.
Moderator: Andrew W. Boczkowski, Assistant General Counsel, GSK, Philadelphia, PA USA
Panelists: Sneha Desai, Deputy General Counsel, Litigation, BASF Corporation, Florham Park, NJ USA; Eve Runyon, President and Chief Executive Officer, Pro Bono Institute, Washington, DC USA; Raymond M. Williams, DLA Piper LLP (US), Philadelphia, PA USA
Materials:
3:15 - 3:30 p.m.
REFRESHMENT BREAK
3:30 - 4:15 p.m.
Update: Global Shifts in Class Actions and Third Party Litigation Funding
This panel of experienced in house and external counsel will discuss ongoing class action reform initiatives in Canada, Australia, and other countries looking at reform and potential developments that could significantly impact collective litigation and company exposures around the world. The panel will also discuss the status of litigation financing around the world, not just financing in the class action space (where its availability without regulation can result in frivolous litigation), but also whether there is a place for funding on the company side, in business to business litigation, and the pros and cons of its use.
Moderator: S. Gordon McKee, Blake, Cassels & Graydon LLP, Toronto, ON Canada
Panelists: Lance W. High, Global Chief Litigation Counsel, Caterpillar Inc., Peoria, IL USA; Harold H. Kim, Executive Vice President, U.S. Chamber Institute for Legal Reform, Washington, DC USA; Thomas Rouhette, Signature Litigation AARPI, Paris, France
Materials:
4:15 - 5:15 p.m.
Trying Cases in a Rapidly Changing World
The number and frequency of astronomical jury verdicts has been on the rise for a number of years. The size of the verdicts speaks to how some jurors view civil litigation and to the risks presented in the decision to try a significant civil damages case. Corporate defendants must demonstrate a willingness to try cases as a backstop to baseless claims and unreasonable settlement demands. The increased risk of substantial adverse verdicts requires a re-examination of how cases are evaluated and how cases are presented to juries. The panel will examine and discuss the current trial environment, identify factors driving the changes, and propose alternatives and solutions as to how to change the current trends.
Moderator: James M. Campbell, Campbell Conroy & O’Neil, P.C., Boston, MA USA
Panelists: Michael A. Brown, Nelson Mullins Riley & Scarborough LLP, Baltimore, MD USA; Laurence J. De Respino, General Counsel, U-Haul International Inc., Phoenix, AZ USA; Aref Jabbour, Trial Behavior Consulting, San Francisco, CA USA; Deirdre R. Kole, Johnson & Johnson, New Brunswick, NJ USA; Frank A. Lattal, Senior Vice President, Chubb Group, Hamilton, Bermuda
Materials:
5:15 - 5:20 p.m.
CONCLUDING REMARKS – DAY ONE
Joseph E. O’Neil, Corporate Counsel College Dean
Campbell Conroy & O’Neil, P.C., Philadelphia, PA USA
5:30 - 6:30 p.m.
COCKTAIL RECEPTION
Friday, April 12, 2019
7:15 - 8:00 a.m.
BREAKFAST
8:00 - 9:00 a.m.
Sending in the Reserves: Litigator Interactions with Finance/Audit
Many corporate legal departments, working with their external counsel, face increased interaction with their company’s finance department or financial auditors. In order to demonstrate value and run legal like a business, this panel will cover a host of topics at the intersection of litigation and finance, including: accounting rules for setting legal reserves; approaches to managing and estimating legal reserves (including both expense and indemnity estimates); controlling litigation costs; approaches to demonstrating value of legal services and showing savings; issues related to assembling legal proceedings notes; and more.
Moderator: Andrew W. Boczkowski, Assistant General Counsel, GSK, Philadelphia, PA USA
Panelists: Brian W. Byrd, Partner, KPMG, Chicago, IL USA; Halli D. Cohn, Troutman Sanders LLP, Atlanta, GA USA; Austin A. Evans, Senior Associate Counsel, Tort Litigation, Walmart Inc., Bentonville, AR USA
Materials:
9:00 - 9:15 a.m.
REFRESHMENT BREAK
9:15 - 10:15 a.m.
The Changing Landscape in Delivery of Legal Services
Advances in technology, shifts in socioeconomic and demographics, globalism, changes in the legal marketplace, and a host of other factors are rapidly changing how legal services are being delivered, priced, sourced, packaged, and even defined. This panel will discuss the factors driving this change, how law firms and legal departments can address the sometimes competing interests of law firm profitability and reduced legal spend, and how buzz words like “creativity,” “innovation,” and “efficiency” can be put into practice through tools like Process Improvement and Project Management to address these interests and demonstrate value.
Moderator: Raymond G. Mullady, Jr., Nelson Mullins Riley & Scarborough LLP, Washington, DC USA
Panelists: Timothy B. Corcoran, Corcoran Consulting Group, LLC, Lawrenceville, NJ USA; Kyle H. Dreyer, Adjunct Professor of Law, Baylor Law School, Waco, TX USA; Catherine Alman MacDonagh, Legal Lean Sigma Institute LLC, Norfolk, MA USA
Materials:
10:15 - 10:30 a.m.
REFRESHMENT BREAK
10:30 - 11:45 a.m.
#MeToo Allegations and Litigation
This program is designed to provide both in-house and outside counsel information, guidance, and best practices with regard to sexual harassment in the workplace in an era of #MeToo allegations and litigation. It will focus on key legal issues which arise in employment litigation generally (such as what constitutes a hostile environment, best practices as to policies and training, and whether employers can or should attempt to minimize exposure through arbitration and/or non-disclosure agreements). In addition, significant emphasis will be placed on creating a corporate culture which minimizes liability, encourages respectful behavior, and allows employees and managers to report possible violations and conduct investigations in a manner consistent with both the law and respecting the wishes of the reporting parties.
Moderator: Bonnie Mayfield, Dykema Gossett PLLC, Bloomfield Hills, MI USA
Panelists: Mitchell F. Borger, Vice President and Assistant General Counsel, Macy’s, Inc., New York, NY USA; Karen R. Glickstein, Jackson Lewis P.C., Overland Park, KS USA; Arin N. Reeves, President and Managing Director, Nextions, LLC, Chicago, IL USA
Materials:
11:45 a.m. - 12:00 p.m.
CLOSING REMARKS
Joseph E. O’Neil, Corporate Counsel College Dean
Campbell Conroy & O’Neil, P.C., Philadelphia, PA USA
John T. Lay, Jr., Corporate Counsel College Dean-Elect
Gallivan White & Boyd, P.A., Columbia, SC USA