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Tuesday, June 8, 2010 (Day 1)
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8:15 AM
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Breakfast & Conference Registration
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8:45 AM
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Keynote Address: Aftershocks from the Financial Earthquake: Surprises, Challenges and Life After the Financial Crisis
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| Speaker(s) |
Alan J. Kreczko
Executive Vice President and General Counsel
The Hartford Financial Services Group, Inc.
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9:45 AM
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Bet the Company Litigation in the New Economy
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This session will focus on how in-house counsel as well as their counterparts in private practice are adjusting to the new reality brought on by today’s more challenging economic environment.
- How new cost cutting considerations are affecting the class action landscape
- How the downturn has already created new bet-the-company matters in various industries
- The increased role of oversight, accountability and responsiveness to government regulators as well as to shareholders
- The economic meltdown’s influence on risk assessment and the decision to file, to try, or to settle a given case
- The growing interest in alternative and fixed fee arrangements
- The growth in worldwide class actions
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| Speaker(s) |
Daniel J. Kaufman
Senior Vice President & General Counsel
GameStop
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Neal R. Marder
Partner
Winston & Strawn
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T. Thomas Cottingham III
Partner
Winston & Strawn LLP
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Kenneth Handal
Former Executive VP and General Counsel, and Head of Global Risk and Compliance
CA, Inc. (retired)
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10:45 AM
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Morning Networking Break
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11:00 AM
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Managing Congressional Investigations
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In recent years, Congress has investigated everything from financial fraud to automotive recalls to the use of steroids in professional wrestling. Companies facing a congressional investigation are exposed to criminal or civil liability, regulatory referrals and administrative penalties as well as public and media scrutiny. The session will provide insight into how to manage the legal, political and public relations aspects at an investigation, especially in the crucial first 60 days. Included will be discussions on:
- First contact from the congressional committee
- Responding to document preservation and production requests
- Congressional subpoenas
- Interaction with congressional staff
- Crisis management
- Preparing senior executives for public testimony
- Media management
- Civil litigation and criminal referrals
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| Speaker(s) |
Richard Ben-Veniste
Partner
Mayer Brown LLP
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Richard Spehr
Partner
Mayer Brown LLP
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Jonathan Wasserman
Vice President & Assistant General Counsel
Bristol-Myers Squibb
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Paul A. Weissman
Managing Counsel, Office of General Counsel
Merck & Co., Inc.
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12:00 PM
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Luncheon Session: IP Litigation and the Entertainment Industry in the New Economy
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This luncheon panel will cover how seasoned in-house and outside counsel manage today’s increasingly complex regulation of intellectual property rights in the new media and entertainment industries and how it will likely be impacted by changes signaled to date by the Obama Administration.
- The likely impact of the Obama Administration’s view on the future regulation of patents and copyrights.
- The Hollywood/New York Connection and how they are fighting the evolving IP/digital copyright battle.
- The likely impact of recent court decisions at the trial and appellate level.
- The potential impact of important relevant litigation now in the pipeline.
- The extent to which the U.S. Supreme Court can be expected to take on, then, decide the most important emerging issues.
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| Speaker(s) |
Michael S. Elkin
Partner
Winston & Strawn LLP
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Seth D. Krauss
Executive Vice President & General Counsel
Take-Two Interactive Software, Inc.
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Kenneth L. Doroshow
Senior Vice President & General Counsel
Entertainment Software Association
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| Sponsored By... |
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1:30 PM
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Doing More with Less: Using Budgets, Metrics and Reporting to Optimize Law Department Value
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Substantial savings and improved results can be achieved by using the troves of data often collected (but neglected) by electronic billing or matter management systems to set budgets and make decisions. Some examples of how value can be maximized include understanding what projects should cost in order to prioritize them, redesigning processes and using alternative service providers, getting more value from outside law firms, negotiating alternative fee arrangements and providing cost predictability to all involved.
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| Speaker(s) |
Ethan Eisner
VP Segment Management
LexisNexis
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Chester Paul Beach, Jr.
Associate General Counsel
United Technologies Corporation
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Elaine E. Whitbeck
Senior Vice President, Chief Legal Officer, General Counsel and Corporate Secretary
Alcon Laboratories, Inc
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Anne Chwat
General Counsel and Corporate Secretary
Burger King Corporation
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2:30 PM
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Social Networking and Its Impact on Employees and Employment Law
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Social Networking sites offer companies the means to communicate directly with hundreds of millions of people. But it also offers individuals the same power. Combine that with the higher degree of anonymity available to people operating on the Internet and individuals have an enormous ability to affect the fortunes and reputations of companies. As the ability to transmit information becomes faster and more personal, companies must develop flexibility to respond to both the challenges and opportunities of information technology.
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| Speaker(s) |
Elise M. Bloom
Partner
Proskauer Rose LLP
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Elizabeth Finn Johnson
Senior Counsel, Litigation & Employment
The Coca-Cola Company
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Jonathan Michael Wilan
Partner
Hunton & Williams LLP
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Kirk Salzmann
Counsel - Litigation
Sprint Nextel Corporation
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3:30 PM
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Afternoon Networking and Exhibit Break
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3:45 PM
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Corporate Criminal Investigations and Compliance Programs
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A criminal investigation by the Department of Justice or other regulatory body can be a frightening proposition. This session will address how white collar investigations are conducted and proactive compliance measures and responses that companies may implement to address crisis and reduce the risk of civil and criminal liability. Included will be discussions on:
- Responding to crisis and regulatory investigations;
- Best compliance practices for companies and the role that compliance programs and the sentencing guidelines play in corporate charging under 9-28.000 of the U.S. Attorney’s Manual;
- Deferred- and non-prosecution agreements and parallel civil investigations by the Securities and Exchange Commission or the Office of Foreign Assets Control;
- 2010 amendments to the federal sentencing guidelines.
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| Speaker(s) |
Lawrence D. Finder
Partner
Haynes and Boone, LLP
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Ryan McConnell
Assistant U.S. Attorney
U.S. Department of Justice
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David Siegal
Partner
Haynes and Boone, LLP
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E. Scott Gilbert
Senior Vice President, Chief Risk and Compliance Officer
Marsh & McLennan Companies, Inc.
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4:45 PM
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Foundational Shifts in Political Law: Citizens United, Pay to Play and Lobbying Reform
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This panel will discuss the recent dramatic trends in the laws governing campaign finance, government contracting and the regulation and disclosure of lobbying. Specific topics to be addressed include:
- The impact of the Citizens United decision, both as it has directly impacted the rules on corporate political; expenditures and its broader implications for the legal regulation of politics and money going forward;
- New developments on “pay to play” regulation from the Securities and Exchange Commission and in states and localities around the country, including a discussion of best practices in designing and implementing compliance programs;
- Current rules on lobbying disclosure, and on prohibitions and limitations applicable to registered lobbyists, along with a discussion of potential changes and reforms in the near future.
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| Speaker(s) |
Trevor Potter, Esq.
Former Chairman of the Federal Election Commission; Member
Caplin & Drysdale
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Joseph M. Birkenstock, Esq.
Former Chief Counsel of the Democratic National Committee; Member
Caplin & Drysdale
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David Kass
Assistant General Counsel
Verizon
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5:45 PM
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Networking Cocktail Reception
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| Sponsored By... |
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Wednesday, June 9, 2010 (Day 2)
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Return to Top
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8:30 AM
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Breakfast & Conference Registration
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9:00 AM
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Day Two Welcoming Remarks
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9:15 AM
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Reducing Electronic Discovery Costs
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For many companies, a substantial portion of the law department budget is devoted to “electronic discovery,” a line item that is mysterious to most general counsel. Many companies have found they can reduce these costs substantially by innovating in the four key areas. This session will focus on reducing discovery costs in each of these four distinct areas:
- Preserving and collecting evidence
- Minimizing data sets with automation
- Analyzing quality and productivity
- Optimizing document review
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| Speaker(s) |
Keith Zoellner
Chief Technology Officer
StoredIQ
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Michael Rutty
IAM Field Enablement Specialist
CommVault
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Tom Morrissey
Sr. Director, IT Litigation
Purdue Pharma LP
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Randall Burrows
Vice President & General Manager
Xerox Litigation Services
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Bill Mariano, Esq.
Director, Northeast Electronic Discovery
Applied Discovery, Inc.
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10:45 AM
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Morning Networking and Exhibit Break
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11:00 AM
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Internal Investigations
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On the heels of the financial crisis and high profile frauds such as Madoff and Stanford, the Securities and Exchange Commission (SEC) has introduced several new initiatives aimed at increasing the efficiency and expediency of investigations. Both the SEC and the Department of Justice have committed to more aggressively pursue corporate wrongdoing and wrongdoers in the future. New initiatives, such as the SEC’s new Office of Market Intelligence and its proposed new whistleblower rewards program are just a few examples enforcement trends designed to find and stop unethical behavior.
These changes are likely to have a significant impact on the future litigation and investigation landscape for companies and their directors and should feature prominently in any plans for safeguarding and protecting companies and their directors and officers. This session will focus on the likely practical implications of enforcement changes for companies; how companies can properly prepare for a more aggressive enforcement approach; and how to ensure that investigations are executed in a timely, ethical, effective manner when required.
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| Speaker(s) |
Grace B. Lamont
Partner
PriceWaterhouseCoopers
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Joseph Polizzotto Esq.
Managing Director and General Counsel, Americas
Deutsche Bank AG
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William F. Johnson
formerly Chief of the Securities and Commodities Fraud Task Force
United States Attorney's Office for the Southern District; NY law firm partner
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Amy Fliegelman Olli
Executive Vice President and General Counsel
CA, Inc.
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12:00 PM
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Luncheon: 2010 Proxy Season and Executive Pay Update - Lessons Learned in 2010 and Getting Ready for 2011
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In 2010, important developments in the areas of executive compensation, public company disclosure and corporate governance, in large part triggered by the global financial crisis, played out during proxy season. This session will explore:
- Consequences of heightened regulatory scrutiny, including new amendments to SEC rules governing executive compensation and corporate governance disclosures in proxy statements.
- What executive compensation disclosure did we see in 2010 and the SEC's comment process in 2010:
* Assessing risk in compensation programs and risk mitigation
* Performance based compensation
* Compensation consultant independence
- "Say-on-pay"
- Anticipating executive pay disclosures and issues in the proxy season
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| Speaker(s) |
Andrea S. Rattner
Partner
Proskauer Rose LLP
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Sheilagh M. Clarke
Corporate Vice President, Associate General Counsel & Assistant Secretary
Foot Locker, Inc.
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Michael T. Schoonmaker, Esq.
Principal, Performance & Review
Ernst & Young LLP
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| Sponsored By... |
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1:45 PM
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Industrial Espionage
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Industrial espionage is a significant threat to corporate entities today. Stolen trade secrets can seriously damage any business dependent on its information, including research and data models, plans for new products or services, and confidential agreements and records. This session will focus on the unethical methods used in industrial espionage and the critical issues facing in-house counsel, from detecting corporate espionage to effectively handling the threat it creates both within and outside the corporation.
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Natasha Wyss, Esq.
VP and Principal Legal Counsel, Americas (Markets)
Thomson Reuters
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Saul B. Shapiro
Partner
Patterson Belknap Webb & Tyler LLP
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2:45 PM
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Afternoon Networking and Exhibit Break
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3:00 PM
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Ireland as a Location for BidCo Vehicles
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As the corporate finance market reopens, the continual search for synergies arising from mergers and acquisitions is causing bankers to focus on a group’s effective tax rate. In cases where U.S.-based corporation and private equity firms are looking to expand through acquisition, the choice of location of BidCo is a key driver in determining the forecast profit stream, enterprise value and deal price.
The use of BidCos located in Bermuda, the Cayman Islands or other offshore locales is being challenged by the use of EU onshore OECD-friendly Irish holding companies to access European and wider markets. This session will focus on the shift, including the attractions of Irish tax law and post-acquisition legal structuring that drives the bid price.
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| Speaker(s) |
John Gulliver
Head of Tax
Mason Hayes & Curran
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Kevin Beary
Managing Director
Dolmen Corporate Finance
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Alan Kane
Managing Director
Sentinel Investments
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4:00 PM
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The Need for Top Talent
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This session will shine the light on the intangible but critical key to an excellent legal department – attraction and retention of top talent. Specific topics to be addressed include:
- What drives retention of high performing in-house counsel?
- What are the biggest challenges to law department stability and how can they be overcome?
- What impact has the economy had on law departments' ability to recruit and retain top talent, and how can law department leaders build their departments' value proposition for the best in-house lawyers?
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Julie Goldberg Preng
Managing Director, Legal
Korn/Ferry International
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Don H. Liu
Senior Vice President, General Counsel and Secretary
Xerox Corporation
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Chester Paul Beach, Jr.
Associate General Counsel
United Technologies Corporation
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5:00 PM
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Conference Adjourns
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