Program

Tuesday, May 25, 2010

7:45 am – 8:45 am

Registration and Breakfast with Exhibitors and Sponsors

8:45 am – 9:45 am

Keynote Address

9:45 am – 10:45 am

Judicial Roundtable 

The Honorable Myron T. Steele
Chief Justice
Supreme Court of Delaware

Networking Refreshment Break with Exhibitors and Sponsors

Strategies for Effectively Challenging Plaintiffs’ Allegations [LM]

How thorough are your causation analyses? Do you challenge plaintiffs’ damage models as rigorously as you might? If not, awards and settlements may be costing you more than they should. A comprehensive analysis that thoroughly tests plaintiffs’ damages and looks at a variety of inside and outside influences is the best way to defeat inflated non-factual damages. An insider from the corporate governance “case of the century” shares some best practices, along with two of the nation’s most experienced D&O and E&O claims executives.

Raymond DeCarlo, CPCU
Senior Managing Director
Frank Crystal & Company

David Gilfillan
Claims Regional Vice President
Claim & Service Marketing Group
Chartis, Inc.

Remaining Relevant and Keeping Employed [PD]

In these challenging times we’re all doing more with less. Budgets and staffs have been cut to the bone, and senior management might be tempted to look at your legal department as more of a cost center than a strategically important partner to the business. In the face of all this, is it possible for your influence to grow within the company? Absolutely, if you can find creative ways to make some meaningful contributions to the bottom line. Scarce resources don’t have to mean less impact. What are the best ways to demonstrate value and build influence?

Alan K. Tse
General Counsel
LG Electronics MobileComm USA

Doing Business in Brazil: Opportunities and Challenges [SI]

Opportunities abound in Brazil: impressive economic growth fueled by an expanding middle class, a solid central bank, a democratic multi-party political system, increased foreign direct investment, and an ongoing government program to improve infrastructure and enable foreign investment in advance of the 2014 World Cup and the 2016 Summer Olympics.  Yet while Brazil presents many opportunities it can also be very frustrating, with labor laws that are burdensome for employers, an extremely complex tax code, a court system whose jurisprudence does not recognize case law precedent, and violent crime in cities that can make personal safety in country a real challenge.  If you are prepared to deal with these complexities the rewards might outweigh the risks.  What do you need to know to guide your company through business opportunities in Brazil?

Moderator:
Joseph M. Perkins, Jr.
Senior Counsel – Engine Business
Cummins, Inc.

Alternative Fees: An Idea Whose Time has Finally Come? [LDM]

If the billable hour isn’t dead by now, it stands to reason the recession ought to put it on life support. Yet while the in-house community is under immense pressure to reduce legal spend, many are hesitant to embrace alternative fee arrangements, with some believing they’re a complete racket, rather than a way for both client and law firm to have real skin in the game. GCs want good results at a good price. But how can you be certain the price is really “good?” Our panel of in-house and outside counsel drill down into the nuances of how to get the AFA that’s best for you.

Jeffrey W. Carr
VP, General Counsel & Secretary
FMC Technologies, Inc.

12:45 am – 1:45 pm

Luncheon in the Exhibit Hall

1:45 pm – 3:00 pm

Breakout Sessions

Fighting the Tide: Navigating White Collar Criminal Investigations and Prosecution [SI]

The days of wrist slaps for white collar defendants are over. Bernie Madoff has seen to that. Public rage over recent scandals now means that corporate defendants can expect extremely zealous investigations and prosecutions, especially of newsworthy cases, and long sentences if convicted. No one expects to be on the wrong end of a federal investigation or indictment, but it happens, and with greater frequency than anyone wants to admit. In the unlikely case that you or your senior management find yourselves in that position, what do you need to know to ensure that you don't commit a disastrous mistake at the outset that may doom a viable defense or sabotage your best executives? A noted NYC criminal defense attorney dispels some myths about cooperation and other seemingly rational responses that may do more to harm than good. When the call comes from the United States Attorney, it's too late to first learn what to do. You need to be ready.

Scott H. Greenfield
Attorney At Law
Author, Simple Justice Blog

Effective E-Discovery on a Tight Budget [LM]

Expenses for e-discovery are usually the largest part of a legal department’s budget, and with the volume of electronically stored information growing by leaps and bounds, that percentage is likely to grow. Is it possible to keep a lid on rising e-discovery costs while still getting the information you need in order to prevail?

Diversity Workshop [E]

Some in-house counsel have developed innovative programs for increasing inclusion and diversity within their departments – and have also been instrumental in helping their outside firms to do the same. Our panel shares their experiences.

Global Antitrust and Competition in a Recession [SI]

In a challenging economy such as this there may be more reason than ever for two rivals to join forces, whether it be a merger or some other arrangement that may change the competitive landscape. The new administration has promised to reinvigorate antitrust enforcement, but what will that mean for your company? How can you make the case that a seemingly anti-competitive move actually makes sense in a time of economic crisis?

3:00 pm – 3:30 pm

Networking Refreshment Break with Exhibitors and Sponsors

3:45 pm – 5:00 pm

Breakout Sessions

Ethics Boot Camp I [E]

A thorough review of the Model Rules, along with an interactive discussion of best practices.

Brian M. Martin
SVP & General Counsel
KLA-Tencor Corp.

IP Theft and Counterfeiting Abroad [SI]

Counterfeiters are no longer limiting themselves to high-end designer handbags – they’ve discovered a lucrative market in knock-off toothpaste and other pedestrian goods. This means virtually no products are safe. What tools do you have in your arsenal to protect your company? Join us for an in-depth look at the current global IP landscape, and a discussion of ways to improve intellectual property protection and enforcement around the world.

Timothy P. Trainer
Founder
Global Intellectual Property Strategy Center, PC

Social Media Best Practices for Companies [SI]

Is social media merely a passing fad, or is it here to stay? Sites like Facebook, LinkedIn, and Twitter have much to offer companies looking to market their brands and get closer to customers. Yet while they offer great opportunities, they also pose some serious threats to your brand and your bottom line. Your employees are tweeting. Your brand is no longer entirely in your control. How can you navigate the social media minefield, and turn it to your advantage?

Roberta Lang
General Counsel & Global VP of Legal Affairs
Whole Foods Market, Inc.

Nancy Ebe
Employment Counsel
Ebe & Associates, P.C.

Early Case Assessment [LM]

How well does your company do early case assessment? Is it possible to make this great risk management tool even more effective?

5:00 pm – 6:00 pm

Cocktail Reception in the Exhibit Hall

Sponsored by:

Wednesday, May 26, 2010

7:45 am – 8:45 am

Registration and Breakfast with Exhibitors and Sponsors

8:45 am – 9:45 am

Keynote Address

9:45 am – 10:45 am

General Counsel Keynote Panel

David G. Leitch
General Counsel & Group Vice President
Ford Motor Company

Deborah Platt Majoras
Chief Legal Officer & Secretary
The Procter & Gamble Company

Michele Coleman Mayes
Senior Vice President, General Counsel & Chief Legal Officer
Allstate Insurance Company

Moderator:
Theodore B. Olson
Partner
Gibson, Dunn & Crutcher
Former US Solicitor General

10:45 am – 11:15 am

Networking Refreshment Break with Exhibitors and Sponsors

11:30 am – 12:45 pm

Breakout Sessions

The General Counsel as Counselor [PD]

Whether it’s delivering bad news, managing expectations during bet-the-company litigation, or talking senior management out of a potentially ruinous course of action, the GC’s role as counselor is critical.  Delivering information and calm direction in a crisis, guidance during a deal, or helping to formulate strategy, are all critical roles expected of today’s GC.  What skills are needed when counseling senior management and the company’s board of directors?  How do you balance the obligation to be legally factual with the need to be the “calm in the eye of the storm”?  What are some keys to helping a GC deliver bad news to senior management and still be viewed as a team player?  A panel of general counsel who have counseled during some of their companies’ highs and lows share their secrets.

William P. Morelli
EVP & General Counsel
Ingram Industries, Inc.

Spy Hunting and the Legal Profession: When a Little Diligent Investigation Goes a Very Long Way [LDM]

Gathering the critical information you need in order to make smart business decisions, mitigate risk, and develop corporate strategy isn’t simple.  The world gets more complicated every day and threats can take many forms.  Finding them all and understanding them all is a tall order.  Are you getting all you need from your investigations?  Former FBI operative Eric O’Neill, who brought down America’s most notorious spy, Robert Phillip Hanssen, shares his insights into what corporate America can learn from the world of spies and double agents.

Eric M. O'Neill
Partner
The Georgetown Group

Outsourcing and Intellectual Property [LM]

Your company’s intellectual property is one of its biggest assets, and you’re generally pretty confident that you’re protecting it well. But what happens when you find yourself embroiled in litigation and sensitive information is potentially up for grabs? Once your IP assets are outside your control, is it really possible to safeguard them?

Labor and Employment Law Update [SI]

What major changes in labor and employment law and regulation should you expect during the Obama administration? Our panel of top business and labor advocates explore what’s on the horizon and the potential impact on your business.

Luncheon in the Exhibit Hall

Best Practices in International ADR [LM]

Despite all the hype ADR is not always better, faster, cheaper.  These days it can be as cumbersome, drawn-out, and nearly costly as litigation.  In-house counsel who are getting great results share their experiences and strategies.

Roland Schroeder
Senior Counsel – Litigation and Legal Strategy
General Electric Corporation

Moderator:
J. Daniel Hull
Co-Founder
Hull McGuire PC

Building a Great Ethics Program [E]

Is your company’s governance as effective as that at a drug cartel? The question is not as crazy as it sounds and shows how “tone at the top” may be less important than checks and balances and accountability. What do you need to know to build the best ethics program at your organization?

H.S. Grace, Jr., Ph.D.
Founder & President
H.S. Grace & Company, Inc.

Building Great Teams [PD]

What’s the best way to get the best from your team? These days we can expect slower growth, which means fewer chances for advancement, smaller raises, fewer bonuses, and less motivation and more stress in the law department. But it doesn’t have to be that way if you seize this opportunity to help your team develop new skills, give them the assignments they crave, work with them on weak spots, and grab every opportunity to position them to do bigger and better things when the economy does eventually recover.

Janice L. Block
EVP, General Counsel, & Chief Compliance Officer
Kaplan Higher Education

N. Cornell Boggs, III
Chief Responsibility &s; Ethics Officer
MillerCoors LLC

Jerome D. Okarma
VP, Secretary & General Counsel
Johnson Controls, Inc.

Moderator:
Michael Evers
President
Evers Legal Search

Product Liability [SI]

It’s every GC’s worst nightmare – you turn on the news and learn that someone has been horribly injured or killed and their attorneys allege the tragedy was caused by your company’s product. The nightmare gets worse when it keeps happening. How you handle the crisis – in the run-up to litigation through the appeal process – can mean all the difference to your company’s future. We’ll focus on case studies of companies who handled high profile product liabilities well and some that didn’t.

3:15 pm – 3:45 pm

Networking Refreshment Break with Exhibitors and Sponsors

Breakout Sessions

Gen-Why? [LDM]

Because they have remarkable energy, drive, and determination to succeed.  They’re natural innovators and have and a connection to the world around them that’s enabled by their innate comfort with technology.  Let’s face it, despite much criticism of Generation-Y – some deserved, and some not – young attorneys are simply wired differently than their Boomer colleagues.  They have much to offer your law department – IF you can figure out how to give them what they need to succeed and, at the same time, get great results from them.  Our panel of Boomer and Gen-Y lawyers share strategies that worked, frustrations along the way, and lessons learned.

J. Daniel Hull
Co-Founder
Hull McGuire PC

Best Practices in Cross-border E-Discovery [LM]

E-discovery is tough enough but when you add the complexities of doing it across borders it becomes a much bigger challenge, sometimes even illegal. When privacy has a distinctly different meaning in foreign jurisdictions, and blocking statutes get in the way of cross-border transfers of data, what are your options? Should you process data in-country and hire local counsel? How can you keep data safe enough to satisfy foreign authorities? What do you need to know to navigate this minefield and help ensure successful outcomes?

Doing More and More With Less and Less: Best Practices for Small Law Departments [LDM]

Sometimes size doesn’t matter. Small law departments have been doing amazing things on a shoestring even before the recession. They know how to get the most from scarce resources. Our panel of GCs share their strategies for effectively working with small budgets and small staffs to yield outsize results.

David Hayes
VP & General Counsel
Trans States Airlines

Christian Na
Vice President & General Counsel
Videojet Technologies, Inc.

Jerome D. Okarma
VP, Secretary & General Counsel
Johnson Controls, Inc.

Moderator:
Roger H. Marks
President
International Safety Council

Ethics Boot Camp II [E]

Protecting privilege during internal investigations, dealing with whistleblowers, and other important ethical issues facing in-house counsel.

Brian M. Martin
SVP & General Counsel
KLA-Tencor Corp.

5:15 pm

Conference Adjourns