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2022 CORPORATE COUNSEL COLLEGE CLE MATERIALS
Below you will find the CLE schedule with materials for the 2022 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.
Thursday, April 7, 2022
8:00 - 8:15 a.m.
OPENING REMARKS
John T. Lay, Jr., Corporate Counsel College Dean, Gallivan, White & Boyd, P.A., Columbia, SC USA; Spencer H. Silverglate, IADC President, Clarke Silverglate, P.A., Miami, FL USA
8:15 - 9:30 a.m.
When Congress Calls: Strategies for Preparing for Investigations and Testimony on the Hill
One of the most daunting challenges for both in-house and outside counsel is guiding your client through the unique world of Congressional investigations. What are the best strategies for responding to a request for records from a Congressional subcommittee? Once an investigation begins, can anything be done to slow it down or stop it? How do you select the best person to give sworn testimony before Congress, and what advice do you give them? Our experienced panelists will offer practical advice on what your clients should and should not do when faced with a Congressional inquiry. The panel will also analyze the sensitive intersection between responding to Congress and balancing the risk to civil litigation and other governmental actions.
Moderator: Mark A. Behrens, Shook, Hardy & Bacon LLP, Washington, DC USA
Panelists: Alyssa DaCunha, WilmerHale, Washington, DC USA; Kristina Moore, FTI Consulting, Washington, DC USA; Sally Q. Yates, King & Spalding LLP, Atlanta, GA USA
Materials:
9:30 - 9:45 a.m.
REFRESHMENT BREAK
9:45 - 11:00 a.m.
The Equifax Data Breach: From Suspicion to Settlement
What started out as a notification of a suspicious intrusion unfolded into a global data breach. In this fireside chat, Equifax leaders who were on the front line will describe how the company handled this breach, working with United States government officials, international world leaders, regulators, and investors for close to three years to bring the matter to resolution.
Moderators: Emily G. Coughlin, Coughlin Betke LLP, Boston, MA USA; Alex J. Hagan, Ellis & Winters LLP, Raleigh, NC USA
Presenters: Julia Houston, Chief Transformation Officer, Equifax, Atlanta, GA USA; Paul Zurawski, Senior Vice President of External Affairs, Equifax, Atlanta, GA USA
Materials:
11:00 - 11:15 a.m.
REFRESHMENT BREAK
11:15 a.m. – 12:15 p.m.
The Art and Science of Disagreeing with Management
When corporate misdeeds occur, the regulators, shareholders, and the public look for someone to blame, and that is often the in-house counsel team. This session explores the realities of the relationship between the legal team and management and the human dynamics that play a role in the legal team’s ability to disagree with management. A recent behavioral study suggests these issues may be rooted in a disconnect between how each views their respective role in the decision-making process. Through a series of prompts, the panelists will address the expectations, the challenges, and offer strategies for addressing conflicts with management in the context of compliance, litigation strategy, and internal investigations.
Moderator: Sandra J. Wunderlich, Tucker Ellis LLP, St. Louis, MO USA
Panelists: R. Matthew Cairns, Associate General Counsel - Litigation, Textron Inc., Providence, RI USA; Melanie Margolin, Chief Legal Officer, Thumbtack, San Francisco, CA USA
Materials:
12:15 - 1:15 p.m.
NETWORKING LUNCHEON WITH MODERATED TABLE DISCUSSIONS
1:15 - 2:30 p.m.
Have You Checked On Your Corporate Compliance Program Lately? If Not, You Should!
In June 2020, the U.S. Department of Justice updated its previous guidance on the evaluation of corporate compliance programs in the criminal context. U.S. Department of Justice, Criminal Division, Fraud Section – Evaluation of Corporate Compliance Programs. As part of that update, the DOJ referenced specific factors prosecutors should consider when conducting an investigation of a corporation, determining whether to bring charges, and negotiating plea or other agreements. Moreover, the DOJ also included three “fundamental questions” prosecutors should ask when making informed investigative decisions: (1) Is the corporation’s compliance program well designed? (2) Is the program being applied earnestly and in good faith? (3) Does the corporation’s compliance program work in practice? This two-part workshop will explore answering each of these questions in the affirmative through the effective design, adequate resourcing, dedicated empowerment, and focused implementation of effective – and best in class – corporate compliance programs.
Introductions: Kimberly Martin, Bradley Arant Boult Cummings LLP, Huntsville, Alabama USA
Co-Moderators: Ashley Garry, Head of Compliance Investigations, Roche Diagnostics Corporation, Indianapolis, IN USA; Jason P. Mehta, Bradley Arant Boult Cummings LLP, Tampa, FL USA
Special Guests: Lauren Kootman, Assistant Chief (Acting), Corporate Enforcement, Compliance & Policy Unit, Fraud Section, U.S. Department of Justice, Washington, DC USA; Donald J. Ridings Jr., Covington & Burling LLP, Washington, DC USA
Materials:
2:30 - 2:45 p.m.
REFRESHMENT BREAK
2:45 - 3:45 p.m.
Lessons for Lawyers from the Science of Well-Being
This panel will discuss an evidence-based approach to improving well-being for lawyers. According to recent research, lawyers continue to struggle with depression, anxiety, suicide, and substance abuse at alarming levels. Shayna Cook and Emma Ross will present insights from Yale Professor of Psychology Dr. Laurie Santos’s course on the Science of Well-Being, including recent publications about happiness and evidence-based practical tools that make a lasting difference in well-being. Brett Strand will present an in-house counsel perspective on well-being. Judge Betsy Chestney will provide a judicial perspective on the importance of well-being for lawyers.
Moderator: Shayna S. Cook, Goldman Ismail Tomaselli Brennan & Baum, Chicago, IL USA
Panelists: Honorable Elizabeth S. “Betsy” Chestney, United States Magistrate Judge for the Western District of Texas, San Antonio, TX USA; Emma C. Ross, Goldman Ismail Tomaselli Brennan & Baum, Chicago, IL USA; Brett Strand, Vice President and Chief Employment Counsel, 3M Company, St. Paul, MN USA
Materials:
3:45 - 4:00 p.m.
REFRESHMENT BREAK
4:00 - 5:00 p.m.
Managing Litigation with Effectiveness and Efficiency
Clients and their counsel recognize the increasing and critical need for education and training in how better to manage litigation effectively (doing the right things) and efficiently (doing those things in the right way). To be effective and efficient, true litigation management must be conducted ethically and professionally while achieving the client’s goals. This approach requires a team who structures management of cases around the right plan, employs the right team, applies the right processes and tools, delivers services at the right cost, and continuously focuses on achieving the right result for actual client objectives.
This panel combines academic thought leaders, corporate counsel, and practicing trial lawyers who can share insight on litigation management from all perspectives. Panelists will address these crucial tenets in litigation management in an interactive format. First, they will demonstrate how to assess litigation risk with early case assessments and decision tree analysis as a basis for litigation planning and strategy. Second, the panel will address and engage the audience in planning and how the correct use of the “Iron Triangle” (Schedule, Scope, and Resources) can enable alternative pricing methods that are beneficial to both law firm and client.
Moderator: Elizabeth M. “Liz” Fraley, Co-Director of the Executive LL.M. in Litigation Management, Professor, Baylor Law, Waco, TX USA
Presenters: Kyle H. Dreyer, Program Coordinator, Executive LL.M. in Litigation Management, Adjunct Professor, Baylor Law, Waco, TX USA; James Peacock, Vice President for General Counsel of Claims, Litigation, and Risk Prevention, Baylor Scott & White Health, Dallas, TX USA; James E. “Jim” Wren, Leon Jaworski Chair of Practice and Procedure, Director of the Practice Court Program, Co-Director of the Executive LL.M. in Litigation Management, Baylor Law, Waco, TX USA
Materials:
5:00 - 5:10 p.m.
CONCLUDING REMARKS - DAY ONE
John T. Lay, Jr., Corporate Counsel College Dean, Gallivan, White & Boyd, P.A., Columbia, SC USA
​Friday, April 8, 2022
8:00 - 9:30 a.m.
Lawyers as Trusted ESG Advisors to the Business
There is no company that can escape the ever-growing environmental, social, and governance (ESG) mandates. This panel will explore the structure and the fundamental practices and regulatory requirements of ESG issues as they relate to supporting ESG metrics aimed to promote sustainability strategies. The panelists will share their own experiences and best practices for navigating their businesses through this rapidly evolving field, and how lawyers, as risk mitigation experts, can play a critical role in all aspects of the business to reach concrete ESG targets while also meeting the mandates of all relevant stakeholders from investors to customers to communities.
Moderator: Heidi B. Friedman, Thompson Hine LLP, Cleveland, OH USA
Panelists: W. Robert Main, COO and Managing Partner, Sustainable Governance Partners, Philadelphia, PA USA; Melanie Margolin, Chief Legal Officer, Thumbtack, San Francisco, CA USA; Brendan Morrissey, Senior Director for ESG Strategy & Engagement, Walmart, Bentonville, AR USA
Materials:
9:30 - 9:45 a.m.
REFRESHMENT BREAK
9:45 - 11:15 a.m.
Asking the Right Questions During a Crisis While Running a Business to Serve Customers
South Carolina’s state-owned utility made the business decision to cease construction of two nuclear generation units. The resulting fallout entailed lawsuits, legislative inquiry, government investigations, and extensive media coverage. This panel covers the questions any company should raise in the face of a multi-front scenario. From assembling the right team, to addressing the needs of the stakeholders, and on to continuing to operate the business. The focus will be making sure the right questions are asked and how you need to be ready to stay focused on a prudent business outcome during chaotic times.
Moderator: A. Mattison Bogan, Nelson Mullins Riley & Scarborough LLP, Columbia, SC USA
Panelists: Deborah B. Barbier, Attorney at Law, Columbia, SC USA; Shawan Gillians, Director of Legal Affairs and Corporate Secretary, Santee Cooper, Moncks Corner, SC USA; Cal Land, Member of Board of Directors and Head of Legal Affairs Committee, Santee Cooper, Manning, SC USA; Pamela Williams, General Counsel, Santee Cooper, Moncks Corner, SC USA
Materials:
11:15 - 11:30 a.m.
CONCLUDING REMARKS
John T. Lay, Jr., 2022 Corporate Counsel College Dean, Gallivan, White & Boyd, P.A., Columbia, SC USA; Craig A. Thompson, 2023 Corporate Counsel College Dean, Venable LLP, Baltimore, MD USA
2022 CORPORATE COUNSEL COLLEGE FILING INFORMATION
Approximately 9.75 hours of CLE credit in 60-minute states and 11.7 hours of CLE credit in 50-minute states has been requested for accreditation from all mandatory continuing legal education jurisdictions where we had registrants licensed in as of March 31. Opening Remarks, Closing Remarks, the Networking Luncheon, and Breaks are not available for CLE credit.
How to Obtain CLE Credit:
Fill out the 2022 Corporate Counsel College CLE Certificate of Attendance and follow the reporting instructions listed for the states you are licensed in. You will also receive a reminder email as well following the meeting with these specific instructions for obtaining credit based on the states you are licensed in.
*If you are a speaker/presenter, you are responsible for reporting any extra credits you may have earned for participating on a panel. The IADC does not report Teaching Instruction Credits unless specifically contacted by a State Bar to confirm an individual’s participation.*
Thursday, April 7
8:15 - 9:30 a.m. (75 General Minutes)
When Congress Calls: Strategies for Preparing for Investigations and Testimony on the Hill
9:45 - 11:00 a.m. (75 General Minutes)
The Equifax Data Breach: From Suspicion to Settlement
11:15 a.m. - 12:15 p.m. (60 General Minutes)
The Art and Science of Disagreeing with Management
1:15 - 2:30 p.m. (75 General Minutes)
Have You Checked On Your Corporate Compliance Program Lately? If Not, You Should!
2:45 - 3:45 p.m. (60 General Minutes or Substance Abuse/Mental Health Minutes)
Lessons for Lawyers from the Science of Well-Being
4:00 - 5:00 p.m. (60 General Minutes)
Managing Litigation with Effectiveness and Efficiency
Friday, April 8
8:00 - 9:30 a.m. (90 General Minutes)
Lawyers as Trusted ESG Advisors to the Business
9:45 - 11:15 a.m. (90 General Minutes)
Asking the Right Questions During a Crisis While Running a Business to Serve Customers