THURSDAY, NOVEMBER 5, 2015
REGISTRATION & BREAKFAST |
7:30 AM - 8:30 AM |
OPENING SESSION |
8:30 AM - 9:45 AM |
WELCOME STRATEGIC NETWORKING FOR IN-HOUSE COUNSEL To succeed in the expanding role of General Counsel, you must continually connect with new people and develop strategic relationships inside and outside your company. Networking provides the most productive, most proficient, and most enduring tactic to build those relationships. Engage in an interactive session, with our Premier Corporate Sponsor — Walmart — to learn different forms of networking techniques and how to identify, develop, and nurture strategic relationships. |
GENERAL COUNSEL PANEL |
9:45 AM - 10:45 AM |
Moderator: Panelists: General Counsels are increasingly taking on broader roles to be much more than strictly a legal advisor. They must also act as a C-suite executive, senior counselor to the Board, the CEO, and the CFO, and the ultimate guardian of the company’s integrity. The General Counsel and her in-house lawyers are expected to understand the full spectrum of their company’s business and provide expert legal advice, business strategy input, and ethical guidance. We will explore the skills necessary to be an effective General Counsel and discuss strategies and approaches for developing and strengthening those skills. |
WORKSHOPS |
11:00 AM - 12:15 PM |
TRACK 1 - ROLE AS LEGAL EXPERT Moderator: Panelists: Global spending on wearable technology, which stood at $750 million in 2012, is expected to reach $5.8 billion in 2018. With more people wearing FitBits, FuelBands, smart watches, and interactive headsets, more personal, health, and general life data is being collected about us than ever before. What happens to all of that data? Who has rights and access to it? What should you know as in-house counsel — and as a consumer — about these devices? Learn about privacy laws that govern these issues, best practices for your website’s “Terms of Use” and “Privacy Policies,” current trends in privacy-related litigation, and tips to deal with the convergence of personal and professional data. |
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TRACK 2 - ROLE AS BUSINESS AND COMMUNITY PARTNER Panelists: Each year, corporations forego millions of dollars by failing to assert legitimate claims involving price-fixing, class action settlements, or other causes of action against customers or vendors. Often, the decision not to assert vi-able claims is made because the disadvantages of litigation are mistakenly thought to outweigh the potential benefits. Recently, however, many corporations are recognizing that there are numerous strategic business ad-vantages to asserting such claims when they arise. This session will explore strategies to implement a recoveries program, including how to identify potential claims, when to assert bona fide claims, options for financing recovery activities, and how to track recoveries to improve or adjust business practices to mitigate future missed opportunities and get your company what it’s owed. |
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TRACK 3 - ROLE AS ETHICAL ADVISOR Panelists: Every General Counsel can expect to receive a serious regulatory inquiry during her tenure, which may develop into a more significant long-term matter for the company. What is the first thing you need to do and who do you need to notify? How will decisions you make at the outset affect the assertion of attorney-client privilege down the road? What does the Board need to know and at what point do you need to advise the directors? In light of recent statements from regulators and prosecutors, how do you handle the gathering of information from employees in the face of increased focus on holding those same employees “responsible” for the alleged wrongdoing? Update your knowledge of best practices to ensure that you are protecting your company’s interests and minimizing the risk that such an inquiry paralyzes your organization. |
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TRACK 4 - ROLE AS LEADER Moderator: ANNE WEISBERG, Senior Vice President for Strategy, Families and Work Institute Panelists: The age of Big Data and shrinking budgets can mean big headaches for just about anyone. However, General Counsels are often most affected as they attempt to manage technology and other resources to cut costs and still remain efficient and competitive, all the while managing risk and ensuring that procedures are prudent from a business perspective and comply with all applicable laws. Maneuvering through this digital journey with outside counsel on your side can help General Counsels find balance and real-world support to tame that “Big Data Beast,” from helping with e-Discovery and document retention issues to legal project management. Join us to learn how to leverage your relationships with outside counsel so that your legal department becomes more efficient, you realize internal and external cost-savings, and achieve higher quality legal work driving value to the company. |
LUNCHEON KEYNOTE |
12:15 PM - 1:45 PM |
LEANING FORWARD, SCRAMBLING AND MUDDLING THROUGH-- |
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SUSAN BLOUNT In a stressful world with competing demands, it is easy to focus on everyone else's priorities. If your goal is to enter the C-suite you need a strategy to avoid the forces of inertia and invest in your future. This keynote will use real life examples to look at the issues in our life that can so easily divert us from our goals and techniques for scrambling forward while meeting our other obligations and living into our values. |
WORKSHOPS |
2:00 PM - 3:15 PM |
TRACK 1 - ROLE AS LEGAL EXPERT THERESA DONAHUE EGLER, Shareholder, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Last year, the Chief of the U.S. Securities and Exchange Commission Office of the Whistleblower advised that the Securities and Exchange Commission would scrutinize companies’ employee confidentiality provisions to determine whether they impeded whistleblowers’ access to enforcement agencies. He also warned of action against lawyers who drafted those provisions. Earlier this year, the Securities and Exchange Commission issued the first order against a company whose code of conduct it found to be too restrictive. Join our Premier Corporate Sponsor — Ogletree Deakins — as it addresses what employers and their attorneys need to consider to bolster their policies, procedures, and agreements to withstand agency scrutiny. |
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TRACK 2 - ROLE AS BUSINESS AND COMMUNITY PARTNER Moderator: Panelists: Creating and maintaining a diverse professional team continues to be a challenge for general counsel and outside counsel. To succeed in creating a more diverse inclusive professional community, general counsel and outside counsel must work together with the community at large. This interactive panel discusses the ways in which general counsel can partner with outside counsel to further the mission of inclusion in the legal community and professional world in general. Promoting inclusion outside the legal community, particularly with community groups and outside vendors increases the strength and momentum of our mission. The panel will also discuss the importance of pro bono and charity/volunteer work as a tool for communicating and educating the community as to the importance of inclusion. |
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TRACK 3 - ROLE AS ETHICAL ADVISOR Panelists: Your company’s largest competitor is on the block and your senior management believes that an acquisition would be an industry-changing event, catapulting your company into an exciting new phase of growth and expansion. Such a transaction is likely to pose significant regulatory hurdles. Gain valuable insights on providing strategic legal and ethical direction, managing the interface between the business and regulatory process, and successfully executing complex transactions. Learn how to develop a legal and regulatory strategy that will gain Board support; manage regulators, outside counsel, the other party, and inside stakeholders through antitrust review; oversee integration planning and implementation before and after closing; and handle separation and sales processes for divestitures that may be required by regulators. |
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TRACK 4 - ROLE AS LEADER Panelists: Concisely communicating both risks and benefits of global privacy and security issues facing corporations today can seem daunting given the variety of concerns making headlines and the lack of harmonization of global laws. Yet privacy and security practices have become integral components of corporate governance, accountability, product development, risk management, and brand cultivation and protection in today’s business environment. They are now topics that must be discussed with boards of directors and C-suite level executives. In this interactive session, you will learn from Intel Corporation’s Chief Privacy & Security Counsel, and two partners from Wragge Lawrence Graham &Co LLP working in the field of IP, privacy, and security law, how to communicate the top privacy and security issues in an engaging and persuasive way that puts them in the larger context of corporate governance and global laws, so that executives will have clear vision on the privacy and security challenges impacting their companies. The team from Wragge Lawrence Graham will consider the messages that need to be conveyed about the significant proposed changes in privacy laws currently underway in Europe. |
PLENARY SESSION |
3:30 PM - 4:30 PM |
ANN GITTLEMAN, Managing Director, Duff & Phelps Corp. Headlines inundated newspapers in 2008 describing the collapse of the financial system. But what really happened? By using real case studies, such as Lehman Brothers, Oppenheimer, and Countrywide Financial, this session provides an overview of accounting standards, identifies red flags, and focuses on areas of financial statements that are subject manipulation and/or fraud. In the aftermath of the financial crisis, it is imperative to know what to look for and what questions to ask. |
KEYNOTE |
4:30 PM - 5:30 PM |
SAME GAME, NEW RULES: PLAYING TO WIN IN A WAY THAT WORKS FOR YOU |
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ARIN N. REEVES |
NETWORKING RECEPTION |
5:30 PM - 6:30 PM |
Before you depart for the evening, join us to unwind, debrief your favorite sessions, and have your complimentary copy of One Size Never Fits All signed by author Arin Reeves. |
OPTIONAL NETWORKING EVENT After a day of exciting sessions at the General Counsel Institute, join NAWL for a fun New York City evening at Hudson Terrace. Enjoy hors d'oeuvres, hosted beer and wine bar, and private group mixology lesson. Attendees will also have the opportunity to purchase Linda Richards' luxury outerwear accessories, including fur scarves, vests, and shawls. Complimentary transportation between the Crowne Plaza and Hudson Terrace to be provided. Buses will leave from the front/main entrance of the hotel on Broadway (between 48th and 49th Streets) at 6:30 PM. $34 prepaid fee. |
FRIDAY, NOVEMBER 6, 2015
BREAKFAST |
8:30 AM - 9:00 AM |
KEYNOTE |
9:00 AM - 10:00 AM |
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A GC'S PERSPECTIVE ON THE SEC'S WHISTLEBLOWER PROGRAM Ms. Small, the first female General Counsel of the Securities and Exchange Commission, will provide a unique overview of the Commission's whistleblower program and the rules governing its implementation, which award individuals who provide high-quality tips that lead to successful enforcement actions and protect whistleblowers from employment retaliation. Among other things, Ms. Small will touch on recent litigation concerning the interpretation of these rules, the interplay between the rules and internal compliance program, and company confidentiality agreements. |
KEYNOTE |
10:00 AM - 11:00 AM |
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IN-HOUSE COUNSEL: BUSINESS LEADERS WITH LEGAL EXPERIENCE Ms. Sweet will discuss the important role in-house counsel play as business leaders, providing advice on how to deepen your business sense and build legal departments that effectively embrace the twin goals of helping drive shareholder value and protecting the company, and the importance of helping companies focus on behavior rather than policies in creating a culture of ethics and compliance. |
WORKSHOPS |
11:15 AM - 12:30 PM |
TRACK 1 - ROLE AS LEGAL EXPERT Moderator: Panelists: Cyber threats to a company’s networks, systems, and data continue to evolve in sophisticated ways that are difficult, if not impossible, to predict, and cause increasing exposure to significant financial loss and reputational harm. The in-house lawyer’s role in cybersecurity must begin long before an actual data compromise, regardless of the business area you support. Learn about the top legal issues in cybersecurity and the roles in-house counsel can play to support their companies’ cybersecurity preparedness plans. Topics include understanding the cyber risk legal landscape, including enforcement, litigation, and legislative trends; compliance strategies; managing transactional risk, and vendor risk management. This session will also address key legal issues that arise in the aftermath of a significant cybersecurity breach, and practical tips and strategies to navigate through these issues.
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TRACK 2 - ROLE AS BUSINESS AND COMMUNITY PARTNER Panelists: In the past few years, the Department of Justice and the State Attorneys General have continued to ramp up their investigative and litigation efforts against corporate America. In the process, they have added to their arsenal by, for example, increasing their use of the False Claims Act and relying on a little known statute called FIRREA. They also have expressed a strong desire to include individuals in investigations and actions whenever possible. This session will explore recent developments and trends in government investigations and litigation across several core industries – financial, healthcare and telecommunications -- and will provide tips on how you can shape the response of your Board and senior management to such actions. We will share best practices on such matters as determining the significance for your company of recent decisions and actions, exploring appropriate considerations before recommending counsel for individuals, and handling parallel state and federal investigations ongoing. |
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TRACK 4 - ROLE AS LEADER Panelists: In this interactive panel discussion, learn how successful senior legal department leaders develop and mentor their attorneys and other reports, empowering them to succeed while simultaneously leveraging their own time. Explore the relationship among professional development, diversity in the workplace, and giving back to the community. Engage with panelists in order to develop strategies for stretching professionally, encouraging professional development sponsorship, partnering with outside counsel to create professional development opportunities for in-house lawyers, and tackling the fine art of delegation (a particular challenge for “Type A” women). |
LUNCHEON KEYNOTE |
12:45 PM - 2:30 PM |
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GROW YOUR VALUE: LIVING AND WORKING TO YOUR FULL POTENTIAL |
BOOK SIGNING & DESSERT RECEPTION |
2:30 PM - 3:30 PM |
Join us to have your book signed by Mika Brzezinski, debrief your favorite sessions, and connect with new (and old!) friends before departing for home. |
Panelists:
MARCY HINGST, Assistant General Counsel, Bank of America
ENU A. MAINIGI, Partner, Williams & Connolly LLP
DESIRAE L. WELLS, Bank of America