2015 HNBA Corporate Counsel Conference & Moot Court Competition Agenda (Revised as of 01/07/15) 2015 Honorary Conference Chair Bobby Perez, Senior VP and General Counsel Spurs Sports & Entertainment 2015 HNBA CCC National Leadership Team Catherine Torres Stahl General Counsel Bexar Co. CSCD San Antonio, TX Juan Sempertegui Director of Licensing Maryland Office of Financial Regulation Silver Spring, MD Christine Poleski Gaona Managing Partner Oakstone Human Capital LLC Houston, TX Elia Diaz-Yaeger Shareholder Lugenbuhl New Orleans, LA Sean Andrade Partner Andrade Knott & Gonzalez LLP Los Angeles, CA 1 Wednesday, March 18, 2015 9:00 am – 5:00 pm Director Professionalism Training (Corporate Board Training) In partnership with the National Association of Corporate Directors (NACD), the HNBA is launching a corporate board development program during the 2015 HNBA Corporate Counsel Conference in San Antonio, TX. This one day, high-level training will focus on the complex oversight challenges that boards face, including corporate governance, regulatory compliance, financial competency, executive compensation, communication strategies and the demand for greater transparency. 9:00 am – 10:30 am Moot Court Competition Orientation 12:00 pm – 5:45 pm HNBA Moot Court Competition 12:00 pm – 5:00 pm HNBA Registration 6:30 pm – 8:30 pm Welcome Reception 9:00 pm HNBA Law Student Division and Young Lawyers Division Reception Thursday, March 19, 2015 7:30 am – 5:00 pm HNBA Registration 8:00 am – 8:30 am Networking Breakfast 8:30 am – 10:30 am Opening Plenary Session Increasing Latino Presence on Corporate Boards (HNBA Business Development Institute) With over 53 million Latino consumers with $1.3 trillion in buying power nationwide, Latinos remain starkly underrepresented in in the boardrooms of Corporate America. The inaugural HNBA/National Association of Corporate Directors Professionalism partnership is aimed at increasing Latino representation in the boardroom. In addition to the course training, this plenary session will discuss how to increase the Latino presence on corporate boards with a focus on recruitment and retention. Other issues to be covered include increasingly complex oversight challenges ranging from corporate governance, regulatory compliance, executive compensation, financial competency, and general board communications. 2 10:00 am – 3:15 pm Moot Court Competition 10:00 am – 4:00 pm HNBA Exhibitor Showcase 10:15 am – 11:30 am CLE Sessions In-House Counsel & Corporate Track Panel #1 Litigation & Business Law Track Panel #1 Public Interest & Government Track Panel #1 Business Dev. Institute Track Panel #1 Top 10 Things Every Transactional Lawyer Should Know About Representations and Warranties Love & Marriage… Getting Insurance Coverage for Complex Claims Without Causing the Insured and the Insurance Company to Get a Divorce President Obama’s Executive Order on Immigration Enforcement: How it Affects Businesses and Individuals? In-House Counsel Business Development Roundtable: Effective Strategies for Networking to Create a Business Pipeline Corporate policyholders and their insurance companies often resemble old married couples because they argue periodically and occasionally exchange unkind words, but at the end of the day, neither is willing to leave the table for good. This characterization of the insurer–insured relationship will resonate with corporate counsel assigned the task of recovering an unpaid insurance claim without ending a relationship in which both parties have invested much. Using a case study, attendees will learn how to manage and prevail in a coverage dispute with your insurance company without ending the relationship permanently The President has issued an Executive Order to federal agencies on the enforcement of immigration laws. Specifically, the President’s has authorized certain categories of non-documented immigrants to receive a deferral from deportation—parents of U.S. citizen children, DREAMers, etc. Hear about the specific details of the Executive Action from representatives of the Department of Homeland Security charged with enforcing the immigration laws and other practitioners on how the Executive Order affects businesses and individuals. Gain key insights from General Counsel and Assistant General Counsel, who do the hiring, on what they look for, how to position yourself, and how you to increase your chances of securing work as outside counsel. This is your opportunity to learn from GCs and be even more prepared for your upcoming interview with in-house counsel. Representations and warranties frequently cover critical parts of a business deal – whether Real Estate, M&A, or other commercial transaction. This panel will involve both presentation and role playing exercises on various sides of transactions representing the challenges, opportunities, and potential pitfalls that commonly arise in many deals. 12:30 pm – 1:30 pm Plenary Session The Role General Counsel In the Age of Technology The panel brings together General Counsel from various Fortune 500 companies who will engage in a candid discussion on the challenges of 3 dealing with and advising clients on the complex web of legal issues arising from information technology. Discussion topics will include data breaches, cloud computing, and social media. 1:45 pm – 3:00 pm CLE Sessions In-House Counsel & Corporate Track Panel #2 Litigation & Business Law Track Panel #2 Public Interest & Government Track Panel # 2 Business Dev. Institute Track Panel #2 Future Shock: What will Law Departments and Practice Areas Look like by 2025 Myth and Reality: What is the Impact of New Federal Rules Changes and the Cost of Discovery Pending Building Deep Relationship Capital The panel will discuss innovative issues that many legal departments are preparing to deal with in the next few years. With the advent of new technology and business practices in mind, topics include, 1) what skills will be required to serve as GC, 2) alternative billing arrangement, 3) managing outside firms, 4) the skills they look for when interviewing potential GCs. Proposed and potentially recommended changes to the Federal Rules of Civil Procedure relate to refining the scope of discovery in the digital age and the consequences for a party’s failure to preserve evidence. The Civil Rules Advisory Committee is considering implementing a requirement that the scope of permissible discovery be proportional to the litigation at issue, paring down the presumptive number of discovery requests, fostering more cooperation between the parties and court involvement in managing litigation and providing safeguards for parties against sanctions for the failure to preserve discoverable information when the failure was not willful or in bad faith. Learn about these changes and how they can affect your discovery efforts 2:30 pm – 4:30 pm HNBA “Corporate Speed Networking and Corporate Connection Program” 2:30 pm – 4:00 pm “Financial Literacy Workshop” Strong, enduring client relationships are the lifeblood of most organizations. Long term relationships serve another key function in today’s tumultuous markets: they reduce risk for both clients and service providers. Your capacity to develop, sustain, and grow deep relationships can be one of the tools to predict your long-term success. This panel will focus on strategies to build and maintain trusted client partnerships. We will examine and discuss practical ideas for in-house counsel and law firm lawyers to build deep and lasting relationships. 4 3:15 pm – 4:30 pm CLE Sessions In-House Counsel & Corporate Track Panel # 3 Litigation & Business Law Track Panel # 3 Public Interest & Government Track Panel # 3 Business Dev. Institute Track Panel #3 Protecting the Multi-Billion Dollar World of Fashion Ethical Issues in Employment Investigations and Litigation Closing the Deal The panel will provide an introduction to the burgeoning field and an update on the current state of law governing the fashion industry. Panelists will explore recent case law in both intellectual property and other areas of the law. Specifically, best practices will be addressed concerning trademark, trade secret, copyright, and design patents, as well as other important areas that are of impact to the industry. Panelists will provide an in depth discussion on exemplary issues faced by practitioners representing clients in the fashion industry – from the individual designer to multinational fashion brands. Emphasis will be on cutting edge legal problems in the industry including the topics mentioned above, along with the specific topics of licensing, social media, and cyber-squatting. Internal investigations can be advisable or required when evaluating an employee complaint or defending the company against a formal employment claim. But there are many questions. Should you speak directly to the litigating former employee? What if the litigant is a current employee? Can you ask human resources to communicate with the litigant directly on your behalf? Can you speak to coworkers? Can you require co-workers to speak to you? Can you check the litigant's social media posts? Can you read their Internet email if accessed from your employer's network? Can you, and should you, protect the attorney–client and work product evidentiary privileges? And what if you are investigating your own boss? Learn how to ethically conduct an employment investigation from a panel of experienced corporate counsel as they discuss challenges, ethical obligations and best practices of internal employment investigations and litigation around the globe Public/Private Financing Partnerships: Balancing the Different Needs to Finance the Nation’s Infrastructure 4:30 pm – 5:30 pm Receptions 6:30 pm – 9:00 pm HNBA Awards Reception (Briscoe Museum) 9:00 pm LGBT Section Reception The panel will examine the current state of public-private partnerships (P3s) across all modes of transportation, economic development, public buildings, water, and maritime infrastructure and equipment. In addition, the experts will discuss the legal barriers and opportunities to balance the needs of the public and private sectors when considering, developing, and implementing P3 projects to finance the nation’s infrastructure. People buy our personal brand before they ever buy our service as a lawyer. You alone have the power to attract business and grow your career if you have the right personal brand. This panel will focus on refining your skillset for making the winning “pitch” and getting results. Learn what it takes to create a personal brand, achieve greater credibility and influence in your communications and presentations, project your best to the world, and to consistently perform at your optimal level of performance in the business development process. 5 Friday, March 20, 2015 7:30 am – 5:00 pm HNBA Registration 8:00 am – 8:30 am Networking Breakfast 8:30 am – 10:00 am Plenary Session Rompiendo the Glass Ceiling: How Latinas Can Address the Gender Bias in the Legal Profession The panel of prominent Latinas will address contemporary legal developments and issues affecting women in the law. Discussions topics will include: the cultural issues that Latinas specifically face, the reasons why gender bias stills exists in legal private practice, potential avenues of reform, and how to empower women to achieve their potential in the legal field. The discussion will focus on the striking statistics of high-level women in private practice, especially women with children, and will explore the role of gender discrimination law, the economic downturn, and the choice by women and firms to promulgate the status quo. 9:30 am – 3:15 pm Moot Court Competition 10:00 am – 4:00 pm HNBA Exhibitor Showcase 10:15 am – 11:30 am CLE Sessions In-House Counsel & Corporate Track Panel # 4 Managing the Manufacture of Products On A Global Scale As product manufacturers expand markets, supply chains and partnerships globally, they must comply with distinct—and sometimes conflicting—product safety and product recall requirements. Dragged into legal and regulatory actions half a world away, manufacturers and resellers often experience serious financial and brand losses in markets with unfamiliar legal Litigation & Business Law Track Panel # 4 Public Interest & Government Track Panel # 4 Is North Korea Coming after your company? Best Practices to Handle the Legal Issues arising from Complex Privacy Breaches Financial Regulatory Compliance & Enforcement – Trends and Future Direction As recently shown by North Korea’s action, data breaches are growing in size and complexity in almost every industry and corporate counsel must possess greater sophistication in their analyses and responses grows with it. The panel will offer the perspective of both in-house counsel and outside incident response experts. The session will focus on some of the discrete The regulation of financial services in the U.S. has increased in complexity in recent years, in part as a response to the events that led to the national economic downturn. Experienced federal prosecutors and white collar defense attorneys will provide differing perspectives in the regulation of financial activity at the Consumer Financial Protection Leadership & Professional Development Track Panel # 1 New Job! Transitioning to Your Next Employment Opportunity. The panel, comprised of seasoned HR professionals, including corporate recruiters, will discuss how to prepare for new opportunities and how to work with legal recruiters. Other topics that will be discussed include effective salary negotiation and closing the compensation gap. 6 environments. The panel will provide their front line perspective to developing preventative measures and managing the fallout of product recalls. Using recent examples to illustrate best (and sometimes worst) practices, panelists will provide practical tips on how companies can manage their risk and coordinate global product recalls, regulatory action and follow-on litigation 12:30 pm – 1:30 pm issues that truly matter, such as when does the notification clock start ticking, what if parts of the investigation are inconclusive, when and in what instances should a company engage the media, what critical details should go into the investigative report and what information is privileged. The panel will also draw upon the panel’s practical hands-on experience to provide a check list of the top five actions in-house counsel can take to respond more effectively to a breach, or better yet, to increase the odds of preventing such an unfortunate incident in the first place. Bureau and the Financial Industry Regulatory Authority (FINRA). The panel will provide an overview of the key updates and developments in government investigations and litigation in the field of financial services and products. Plenary Session RISING OR FALLING STAR? Dependence, Denial and Detection along the Corporate Ladder The panel will discuss topics that include: stress and life-balance issues; how mental health and substance use disorders affect the legal community, including discipline and disbarment; and, sources of treatment and support for legal professionals and their family members, including state bar Lawyer Assistance Programs, other private efforts, and Twelve Step recovery programs. Speakers will also focus on issues facing the Latino professional engaged as corporate counsel and with corporate law departments in particular, including the personal and cultural impediments to detection and treatment within these professional environments. 1:45 pm – 3:00 pm CLE Sessions In-House Counsel & Corporate Track Panel # 5 Litigation & Business Law Track Panel # 5 Public Interest & Government Track Panel # 5 What did you do to the Environment? The Next generation of enforcement tools and strategic approaches Welcome to the New Age of Worldwide Anti-Corruption Legislation: How to Keep Your Executives Out of Jail and Avoid Massive Fines Cloud Computing, Social Media, and Privacy The panel will discuss ways to anticipate, identify, and resolve environment enforcement issues. Investigations into suspected noncompliance with anti-corruption regimes pose significant legal, Social media and use of the cloud has become pervasive in the practice of law. The panel will explore how social media (LinkedIn, Leadership & Professional Development Track Panel # 2 Leadership Skills for Lawyers In law school, we’re trained to “think like a lawyer”. Fresh law school graduates perfect their analytical and writing skills. But where do we learn the elusive “leadership” skills? As corporations 7 Topics covered would be EPA and DOJ enforcement priorities, penalty and audit policies, consent decree strategies (including supplemental environmental projects), and environmental justice. Government attorneys, corporate and in-house counsel will provide their perspectives on best practices and common mistakes. financial and reputational risk to an organization. The rise in aggressive enforcement by global regulatory authorities leaves little doubt that businesses operating abroad acquiring entities with off-shore operations must scrutinize their activities and compliance programs proactively to identify organizational risk and build a robust organizationwide compliance program. Explore practical issues and considerations raised by anti-corruption legislation in the United States, Canada and other jurisdictions, including best practices for handling investigations into potential breaches and dealing with enforcement, trends and developments for effective mergers and acquisitions, anti-corruption due diligence and proactive strategies, including self-reporting of potential breaches. Avvo, Facebook, Twitter, etc.) presents new legal and ethical challenges to the practice of law. It will also discuss ethical considerations of putting confidential information in the cloud; what to look for in a cloud computing vendor; advertising and the use of attorney rating sites; social media as a source of evidence; ethically communicating with parties and witnesses; maintaining confidentiality and competence; avoiding conflicts caused by inadvertent formation of an attorney-client relationship; recent case law; and provide effective risk management suggestion. (and other organizational clients) continue their focus on providing efficient legal services, effective “leading” is becoming a critical lawyering skill. The panel will explore the concept of leadership from a lawyer’s perspective—and will cover topics ranging from the mundane task of leading projects, to exploring those basic attributes that make a good organizational leader. In-House Counsel & Corporate Track Panel #6 Litigation & Business Law Track Panel # 6 Public Interest & Government Track Panel # 6 Bet the Company: Managing Large and Complex Claims Data and Discovery in a New Era of Technology This panel will discuss what goes into planning and managing significant litigation that has the potential to be successful or ruinous to your company, with no middle ground. Topics will include informing your board of directors, setting strategy, As business technology advances and blurs with personal technology, the information used in discovery expands and its nature changes. Whether databases, software source code, complex email threads, social media, or even Bitcoins, it's all fair game for The Foreign Corrupt Practice Act: Recent Developments and Best Practices Leadership & Professional Development Track Panel # 3 Path to the C-Suite and Career Progression Inside the Corporation 3:15 pm – 4:30 pm CLE Sessions The Foreign Corrupt Practices Act (FCPA) is one the U.S. government’s tools to promote greater accounting transparency in securities transactions and to fight the bribery of foreign officials. Looking to build your brand inhouse? What skills do companies look for in a General Counsel and do you have what it takes to get you there? This panel will discuss strategies to becoming a General Counsel of a Fortune 500 company. 8 managing the public relation aspects of such a case and how the amounts at stake impact settlement strategies (e.g., whether to hire jury consultants) 3:30 pm – 5:00 pm Receptions 6:00 pm – 7:00 pm Gala Reception 7:00 pm – 12:00 am Gala Awards Dinner discovery. Attend this session to learn how to handle the data your company is generating. Discover how to prepare your legal team for risk assessment, collection, review and production. Panelists will discuss recent enforcement priorities of the U.S. Department of Justice and the Securities and Exchange Commission. The panel will review how to develop and implement effective compliance programs and the best practices for companies to comply with the FCPA. Panelists will also highlight anti-corruption developments in Latin America, including the increased cooperation between the U.S. and Latin American law enforcement authorities. Learn what profiles CEO’s ask professionals to search for and how to successfully build your profile. Panelists will discuss current trends in the market and give you concrete direction on developing your roadmap to GC. This panel will also explore the intricacies of getting ahead within the corporation. Panelists will discuss their practices for hiring from within, as well as the skills they evaluate when hiring from the outside. Saturday, March 21, 2015 9:30 am – 5:00 pm HNBA Board of Governors Meeting 10:30 am – 3:00 pm HNBA Committee, Commission, Division, Section, and Taskforce Meetings 9
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