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6:00 PM
- 7:00 PM
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Reception
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7:30 AM
- 9:00 AM
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Registration & Breakfast
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9:00 AM
- 10:30 AM
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101 - Drafting, Negotiating, & Administering Contracts
Remember that contracts course in law school? It caused rules about offers, acceptances, and the statute of frauds to dance in your head. Fast forward to in-house practice where the nitty-gritty of papering the deal from soup to nuts is what fills your brain. To close the deal requires a thorough understanding of its goals, how to manage the numerous contracts that might be involved, an ability to communicate and interact successfully with your client, negotiating prowess, a skilled hand at drafting, a thorough understanding of the business, and a view to what happens if something goes wrong. As they say, the devil is in the details. This session focuses on how to wrestle with the devil and get it all done, just in time to go on to the next transaction.
Speakers:
Steven Jackman
Vice President, Corporate Counsel
Sanmina-SCI Corporation
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Steven H. Jackman is vice president & corporate counsel of Sanmina-SCI Corporation. He counsels the organization in several practice areas--including contracts, compliance, litigation, mergers and acquisitions, intellectual property, and human resources--and manages other attorneys and outside counsel.
Prior to Sanmina-SCI Corporation, Mr. Jackman was the assistant general counsel at Benchmark Electronics. Prior to going in-house, Mr. Jackman was an associate in the Atlanta offices of Kilpatrick, Stockton, Booth, Wade & Campbell, and Holland & Knight, and served as a law clerk for the Honorable William H. Stafford Jr., Chief Judge for the United States District Court for the Northern District of Florida.
Mr. Jackman is active with ACC’s local chapter and is a registered in-house counsel in California.
Mr. Jackman received a BA from the University of California, Berkeley (cum laude) and is a graduate of the University of California, Hastings College of the Law.
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Robert W. Taylor
VP, Associate GC & Chief Ethics Officer
American Home Mortgage Servicing, Inc.
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Robert W. Taylor is vice president, associate general counsel and chief ethics officer of American Home Mortgage Servicing, Inc. (AHMSI) located in Coppell, TX. His responsibilities include oversight of the Corporate and Transactions Group of the legal department, which includes contract management, pooling and servicing agreements, mergers and acquisitions, corporate organization and securities, privacy and data protection, intellectual property, procurement and vendor management, and labor and employment matters. In addition, as the company’s chief ethics officer, Mr. Taylor chairs the Ethics Committee and oversees the company’s global ethics program, which includes the development of the company’s code of ethics, training on ethics, management of the ethics hotline and leading internal investigations.
Prior to joining AHMSI, Mr. Taylor served as the senior manager of legal affairs – global operations & strategic alliances for McAfee, Inc., where he oversaw the inbound licensing of third party software and the legal support for the development, manufacturing, and distribution of all consumer and business software and hardware products. In addition, he oversaw the support of global procurement, managed the export compliance group, and provided the legal support for the development of the company’s strategic alliances. Prior to McAfee, Mr. Taylor served as in-house counsel to various telecommunications and technology companies. Earlier in his career, Mr. Taylor was a litigation associate with two Dallas law firms.
Mr. Taylor received a BA from Duke University with distinction. He received a JD from Southern Methodist University’s Dedman School of Law.
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Robert Zeitler
Vice President and General Counsel
Molex Incorporated
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Robert J. (Bob) Zeitler is vice president and general counsel for Molex Incorporated, headquartered in Lisle, Illinois. Mr. Zeitler is responsible for all aspects of legal affairs globally for Molex Incorporated, including strategic direction of the legal function, ensuring maximum protection of the company’s legal rights, ensuring the company’s activities are in compliance with regulatory requirements, leveraging Molex’s vast intellectual property portfolio, and management and development of legal department personnel.
Mr. Zeitler has held various positions of increasing responsibility within Molex’s legal department--from patent counsel, to associate general counsel, to vice president and co-general counsel, to his current position. Prior to joining Molex, Mr. Zeitler was an associate at the Chicago office of Jones Day. Prior to attending law school, Mr. Zeitler spent eight years as an officer in the Unites States Air Force, where he held various technical, management, and leadership positions relating to the military space program.
Mr. Zeitler holds a BS from Michigan Technological University, an MS from the University of Southern California, and a JD from Loyola University Chicago.
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10:30 AM
- 11:00 AM
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Break
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11:00 AM
- 12:30 PM
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201 - I'm the Company's First General Counsel: Establishing Your Role and Setting up a Legal Department
The challenges that greet the attorney who is starting a new corporate law department can be overwhelming. It is important to have a plan of action. This program will give you practical tips for establishing your's and the legal department's role within the company; creating effective relationships with your CEO and other business stakeholders; developing and managing departmental budgets and other administrative headaches; and generally how to be a good business partner.
Speakers:
James Peck
Corporate VP, General Counsel & Secretary
Nypro Inc.
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James W. Peck is corporate vice president, general counsel and secretary of Nypro Inc., a global manufacturer of precision plastic products for some of the world's largest and most well known brands. His areas of expertise include corporate, international law, human resources and intellectual property areas. Mr. Peck oversees all legal responsibilities and staff globally for Nypro, as well as corporate communications. He joined Nypro as the company's first in-house counsel.
Prior to joining Nypro, Mr. Peck served as senior counsel for several global corporations and was an attorney with a major Boston law firm. Prior to law school, Mr. Peck was active in national politics and also served as a consultant in Washington, DC.
Mr. Peck sits on the boards of several internal Nypro boards of directors and is a director of the ACC’s New England Chapter.
He received a BA from Williams College and his JD from Harvard Law School.
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William Potter
General Counsel
CCreations, LLC
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William C. Potter is the general counsel for CCreations, LLC, in Indianapolis, IN. As general counsel, Mr. Potter has established its first in-house legal department and is responsible for the managing and conduction of all legal affairs of the company, including all of its subsidiaries.
Prior to joining CCreations, Mr. Potter was the general counsel for SMC Corporation of America in Indianapolis, IN. While at SMC, he created its first in-house legal department. He was responsible for managing all of SMC's legal affairs and also served as its director of human resources.
Currently, Mr. Potter serves as the secretary/treasurer of the Indianapolis Inn of Court, of which he is a founding Master of the Bench. He also serves on the board of directors of the Indiana State Bar Association Insurance Company.
Mr. Potter received his BS and MA from Western Illinois University and is a graduate of the Indiana School of Law-Bloomington.
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Frederick Stein
Vice President, General Counsel and Secretary
Redbox Automated Retail, LLC
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Fred Stein is a member of the executive management team at redbox, an entertainment distributor located in Oakbrook Terrace, IL. As the company’s general counsel, Mr. Stein oversees the company’s legal affairs, including studio and other deals, intellectual property and antitrust issues, litigation, and outside counsel relationships.
Before joining redbox, he served as general counsel and risk manager of Pendum, the country’s largest independent ATM sales and service organization. Prior to that, Mr. Stein was engaged in private practice in the Chicago area. During that time, he engaged in a transformation from commercial litigator to corporate counselor.
Mr. Stein received his BS from St. John’s University (MN), and earned his JD from Chicago-Kent College of Law, where he served as editor-in-chief of the law review.
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202 - Employment Law for In-house Counsel
Presented in cooperation with Jackson Lewis LLP
In today’s challenging economy, every company needs to utilize all of its employees to their fullest extent, and employees are looking to be treated fairly and in accordance with the law. Enter the in-house lawyer who must be aware of the plethora of employment and labor laws, regulations, and rules. So much to learn, so little time! But this rapid-fire session will get you started in the arena where recognizing the issues is where the battle begins! Among other things, our learned panel will address wage and hour laws, benefits, the numerous anti-discrimination laws, the Federal Medical Leave Act, immigration, and terms of employment, including termination.This is what you need to make sure you are on top of your game.
Speakers:
Stephanie Blackman
Senior Counsel
Closure Systems International
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Stephanie A.H. Blackman is senior counsel for the Reynolds Packaging Group. The Reynolds Packaging Group is a food packaging business with operating companies in more than 20 countries. It consists of five business units – Closure Systems International (plastic closures for beverage bottles and food packages), Reynolds Consumer Products (Reynolds-brand products, including Reynolds Wrap® and Diamond®), Presto Products (plastic bags), Reynolds Flexible Packaging (flexible laminations), and Reynolds Food Packaging (foil, film, and plastic and aluminum containers for the commercial food industry). Ms. Blackman is responsible for all legal functions of Closure Systems International, including commercial, labor and employment, corporate governance, real estate, and intellectual property matters, as well as litigation management. She also is the primary in-house labor and employment counsel for all of the Reynolds Packaging Group businesses.
Before going in-house, Ms. Blackman was in private practice, focusing primarily on labor and employment defense.
Ms. Blackman received her BS with highest honors from the University of Illinois at Urbana-Champaign. She graduated from Vanderbilt University Law School, where she was elected to the Order of the Coif.
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N. Alexander Erlam
General Counsel
The Vertical Screen Group of Companies
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N. Alexander Erlam is general counsel at The Vertical Screen Group of Companies, consisting of Truescreen Inc., Business Information Group Inc., and Certiphi Screening Inc. The companies provide customized applicant screening solutions, including background screening and fingerprint collection, occupational health screening and DOT compliance services. In his role as general counsel, Mr. Erlam directs the company’s legal affairs and is responsible for maintaining its compliance with all applicable laws and regulations. He has developed both general employment law expertise, and specific knowledge of privacy and background screening law (Fair Credit Reporting Act, the Gramm-Leach-Bliley Act and the Drivers Privacy Protection Act), discrimination law, immigration law (E-Verify), international employment law, contracts, and privacy law.
Prior to joining Vertical Screen, Mr. Erlam served as general counsel of ACCU Personnel Inc., a temporary employee placement firm in New Jersey, and provided counsel in a variety of substantive areas, including employment law, contracts, and compliance.
He serves as the current president of ACC’s Delaware Valley Chapter. In this role, he participates in shaping and executing the chapter’s mission and goals, and fostering its growth through membership programs and events. He was awarded the chapter’s prestigious “Pursuit of Excellence” award for his efforts in creating award-winning programs and events for the chapter.
Prior to attending law school, Mr. Erlam was certified as a corporate paralegal by The Philadelphia Institute. He is a graduate of Villanova University and the Temple University Beasley School of Law.
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James McPhail
Corporate Counsel - Employment
Delta Dental of California
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James H. McPhail serves as corporate counsel (employment & litigation) for Delta Dental of California, where he is the chief legal advisor to executive and senior management in all aspects of employment law and commercial litigation. He has many years of employment law experience representing corporate defendants before federal and state courts, as well as various administrative agencies.
Prior to coming to Delta Dental, Mr. McPhail was previously employed by the national labor and employment law firm, Jackson Lewis LLP, where he focused primarily on employment discrimination litigation. Prior to Jackson Lewis, Mr. McPhail served as general counsel for both public and private companies, including responsibilities for their human resources departments. He began his career in the employment and labor department of Graham & James in Los Angeles.
Mr. McPhail also works with disadvantaged youths and has mentored minority students with collegiate aspirations.
Mr. McPhail received both his BA and JD from Stanford University.
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Michael Padgett
Attorney at Law
Jackson Lewis LLP
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Mike Padgett is a partner with Jackson Lewis, LLP based in Indianapolis, IN. His practice covers a broad range of employment litigation and traditional labor matters. Mr. Padgett’s litigation experience includes defending claims of race, age, national origin and gender discrimination, as well as sexual harassment, unlawful retaliation, wage and hour claims (including class actions), non-compete matters, and occupational safety and health matters. He has extensive experience in defending claims before the Equal Employment Opportunity Commission, the U.S. Department of Labor, and state and local labor and employment agencies. Mr. Padgett also has broad experience in traditional labor matters, including negotiating collective bargaining agreements, representing employers in grievance arbitration proceedings, and handling unfair labor practice charges before the National Labor Relations Board. He served as lead labor counsel for the owner in negotiating the project labor agreement governing the construction of a new NFL football stadium in Indianapolis.
Prior to entering the private practice of law, Mr. Padgett served as chief counsel to the Indiana Department of Labor. He worked as a mechanical engineer in Indianapolis prior to entering law school.
Mr. Padgett received his undergraduate degree from Purdue University. He graduated cum laude from the Indiana University School of Law-Bloomington.
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12:30 PM
- 2:30 PM
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301 - Lunch and General Session: Leadership and Project Management
Given today’s economic challenges, in-house counsel are forced to do more with less and have to watch the company’s bottom line, by approaching transactions, compliance matters and other legal projects with a practical and focused mind-set, befitting that of a project manager. Key project management skills can be adapted by in-house counsel to enhance efficiencies and improve results including team work, defining project goals and objectives, specifying tasks, identifying resource needs, developing budgets and timelines, and implementing controls to stay within a project’s critical path. This session will discuss project management fundamentals, practical tips and user-friendly techniques attendees can immediately apply.
Speakers:
Stephen Chitwood
Professor & Faculty Director
George Washington University
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Stephen R. Chitwood is professor emeritus of public administration in the School of Business and Public Management, The George Washington University and the founder and former Director of the University's Center for Law Practice Strategy and Management.
Prior to joining the George Washington University faculty, Dr. Chitwood performed military service, part of which was served as a research associate at the Industrial College of the Armed Forces, now a part of the National Defense University. Prior to retiring from the University in 2002, Dr. Chitwood served as chairman of the Department of Public Administration and as assistant dean for doctoral programs. He has worked as a consultant and specialist in executive development and strategic planning with the U.S. Department of Justice and the U.S. Department of State. He has conducted management training programs and executive office retreats for various divisions of the U.S. Department of Justice, U.S. Attorneys offices, State Attorneys General offices, and the General Counsels offices of numerous federal government departments and agencies and with private law firms.
Dr. Chitwood currently conducts a three-day Executive Leadership Institute for ACC.
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2:30 PM
- 4:00 PM
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401 - A Jack of All Trades: How to Cope with Being a Generalist
Presented in cooperation with Practical Law Company, Inc.
Your typical day may involve managing litigation, drafting a contract, supervising a real estate closing, and answering questions about the FMLA. The next day the list is totally different. How do you take your existing skill set and use it as the foundation and springboard to handle a multitude of substantive practice areas—some of which may be entirely new to you—with ease and confidence? Where do you go or to whom do you turn for help and guidance? Learn practical strategies, pointers, and resources from a panel of lawyers who can help smooth out what otherwise may be a bumpy ride.
Speakers:
Marc Gallant
Publisher, PLC Law Department
Practical Law Company, Inc.
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Marc Gallant is a publisher with Practical Law Company (PLC) in New York. His focus at PLC is on developing content relevant to the in-house counsel community specifically through the creation of PLC law department--a service dedicated to assisting in-house generalists perform their various functions. He is also responsible for developing partnership relationships with both in-house attorneys and leading international law firms.
Prior to joining PLC, Mr. Gallant served as chief operating officer of Llesiant, an Austin, TX-based search technology company and as a director of Wolters Kluwer Law & Business in New York. He has also served in other senior level positions within the legal publishing industry.
He currently serves as president and general counsel of the Warchichwa Aid Society, a community-based mutual aid society and is active in various youth sports programs in Fairfield County Connecticut.
Mr. Gallant received a BA from The American University and is a graduate of Quinnipiac University School of Law.
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Susanna McDonald
Associate General Counsel
Association of Corporate Counsel
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Susanna McDonald is an associate general counsel in the legal resources department of the Association of Corporate Counsel in Washington, DC.
Previously, she was the general counsel of Claimant Management Systems, a specialized technology provider to legal departments facing mass complex litigation.
As a member of the Delaware bar, Ms. McDonald acted as a guardian ad litem to children in foster care.
Ms. McDonald has her JD, cum laude, from Widener University School of Law. Her undergraduate studies were completed at University of Texas at Arlington.
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David Mowry
Attorney
Xerox Corporation
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David Mowry is presently counsel to the Xerox North America legal team.
Previously, Mr. Mowry joined Nixon Peabody, LLP as a Litigation Associate, where his practice focused on commercial litigation, primarily working on matters involving products liability, construction, utility tariffs, environmental, land use, securities fraud, and contract dispute issues. Prior to Nixon Peabody, Mr. Mowry served one-year clerkships at the U.S. District Court for the District of Columbia (Judge Richard Roberts) and, prior to that, at the U.S. District Court for the Western District of Oklahoma (Chief Judge Robin Cauthon). After graduating from law school, Mr. Mowry worked at Coudert Brothers.
Mr. Mowry has earned an AA from the American Academy of Dramatic Arts, a BA from Emerson College and a JD from Brooklyn Law School.
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Norman Wain
Attorney
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Norman Wain was formerly the vice president–corporate legal affairs, assistant general counsel at The Finish Line Inc., where he was responsible for the management and administration of the legal department. Prior to joining Finish Line, he worked in the business & legal affairs department at Writers & Artists Agency Inc., a prestigious Los Angeles talent agency. He also spent some time in private practice (litigation), and in-house at BigShot Films International.
Mr. Wain served as president of ACC’s Indiana Chapter, chair of the ACC National Small Law Department Committee, chair of the Council of Committees, and he now serves on the ACC National Board of Directors. He is a member of the Sports Lawyers Association (SLA), American Bar Association (ABA) and the International Council of Shopping Centers (ICSC). Mr. Wain is also currently an adjunct professor at the University of Indianapolis, and he has been a guest lecturer at various other universities and law schools in both Indiana and southern California.
Mr. Wain received his BA from the University of California at Berkeley, along with Phi Beta Kappa honors, and his JD from the Pepperdine University School of Law.
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402 - Effectively Managing eDiscovery: Challenges for the Law Department
Presented in cooperation with Deloitte Financial Advisory Services LLP
How can a small law department determine the best records retention policy and then manage the records to efficiently respond to the inevitable ediscovery request? What are the basics you must be prepared to address? How do you protect yourself and your IT department from being overwhelmed by burdensome requests? We’ll address these issues and more in this program, and we’ll send you home with checklists to help you manage the process.
Speakers:
Susan Hallsby
VP, General Counsel & Secretary
OSI Industries, LLC
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Susan M. Hallsby is the former assistant general counsel for OSI Industries, LLC, one of the world’s largest privately owned global food processors. Her responsibilities included counseling six USDA and/or FDA food manufacturing plants, a chicken hatchery, and a feed mill in multiple states. Additionally she provided legal counsel at the corporate level on tax, finance, risk management, contracts, human resources, information retention, eDiscovery, crisis management and food defense. While at OSI, she drove the revision of its records retention policy, obtained senior management support, trained over 500 employees and supervised the destruction of thousands of boxes of non-compliant records. She used this knowledge and her relationship with IT to develop OSI’s plan to locate, preserve and discover ESI.
Prior to joining the OSI staff, Ms. Hallsby was vice president, general counsel and corporate secretary for Mannesmann Rexroth Corporation where she was the sole attorney for this North American subsidiary of a German company. Additionally, she was one of two attorneys at Consolidated Papers, Inc., a manufacturer/retailer of coated printing paper where she lead the team responsible for creating its first records retention policy.
She currently serves on the advisory board for The ACC Docket and the board for the Legal Institute of the Great Lakes.
Ms. Hallsby earned her JD and MBA from the University of Toledo; and BS and AAS with honors from Ferris State University, Big Rapids, Michigan.
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Victoria Redgrave
VP Practice Development & General Counsel
TCDI
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Vickie Redgrave serves as vice president practice development and general
counsel for Technology Concepts & Design, Inc. In this role, she is responsible for providing legal advice and counsel to the corporation on all legal matters. Her responsibilities additionally include providing senior leadership to product development activities and to service delivery teams regarding expectations and needs of in-house counsel related to litigation management and discovery.
Ms. Redgrave previously was managing counsel – litigation for The Dow Chemical Company. In that role she led the products liability group and was responsible for the management of significant complex litigation matters. Ms. Redgrave’s responsibilities also included managing the company’s eDiscovery practice group. In that role she led the enterprise-wide assessment of capabilities and exposure regarding the company’s compliance with the federal and state procedural rules regarding the disclosure and discovery of electronically stored information as well as development and implementation of a comprehensive litigation response plan for electronic discovery. During her career, she provided counsel to senior executives and business group leaders on a variety of subjects, including business risk management, information management, product safety, and regulatory issues.
Ms. Redgrave is member of The Sedona Conference Working Group on Electronic Document Retention and Production, serves as the corporate representative to the Product Liability Advisory Council (PLAC), and is a member of ACC.
Ms. Redgrave holds a JD, summa cum laude, from the Indiana University School of Law at Indianapolis and a BS, magna cum laude, from the University of Indianapolis.
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John A. Walker
Principal
Deloitte Financial Advisory Services LLP
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John A. Walker leads the Midwest Analytic & Forensic Technology (“AFT”) practice, which specializes in computer forensics, document/file acquisition and management, transactional data management, and data analysis to support investigations and disputes. Mr. Walker’s background includes analytical work in business insurance consulting, environmental litigation, and general litigation support engagements along with strategy, operations, and technology consulting. He and his teams implement electronic discovery services that allow clients to appropriately respond to investigations, probes, and major litigations. These services include the forensic collection of digital evidence, the culling, searching, and processing of data, and hosting in AFTnet, their secure web-based litigation document management hosting platform.
Mr. Walker received a BS from Eastern Illinois University and a Master of Science from Purdue University.
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4:00 PM
- 4:30 PM
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Break
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4:30 PM
- 6:00 PM
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501 - Avoiding (And if All Else Fails) Planning For Litigation
Presented in cooperation with LexisNexis
Whether you think of yourself as a litigator, a regulatory specialist, or a transactional lawyer, as a legal manager you will deal with litigation. Because the costs can be so high, many CEO’s and other business managers measure the effectiveness of the law department based on how well the department manages risks and litigation. Learn about the latest issues in managing risk and litigation, to help your company achieve the desired result at the right cost.
Speakers:
Alexander Arato
Vice President, Associate General Counsel
CA, Inc.
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Alexander Arato is the vice president and associate general counsel of CA Inc. In that capacity, Mr. Arato is responsible for managing relationships with outside counsel as well as assisting the general counsel in formulating and implementing internal policies and strategies. He is also primarily responsible for CA Inc.’s eDiscovery and overall records management policies and procedures. Mr. Arato is also responsible for managing aspects of CA’s trade secret, contract, employment, and tort litigation in federal, state and bankruptcy courts.
Prior to joining CA, Mr. Arato was counsel to and associated with the firm of Heller Ehrman White & McAuliffe in Los Angeles, California, where he represented clients in complex trade secret, product liability, contract, tort, and class actions before federal and state courts. Prior to that, he was associated with the firms of Weinhart & Riley and Manatt Phelps & Phillips.
Mr. Arato has a BA from the University of California at Berkeley and a JD, magna cum laude, from the Benjamin N. Cardozo School of Law, where he was a member of the Law Review.
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Rick Neitenbach
Vice President Corporate Legal Markets
LexisNexis
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Rick Neitenbach is vice president, corporate sales of LexisNexis. He has performed in a variety of customer-facing roles within LexisNexis; these include sales, strategy, product integration and consulting. His ideas and initiatives have lead to innovative solutions and integration of LexisNexis products and services in diverse customer environments, allowing customers to achieve significant gains in productivity and efficiency via information integration and technology. In his current role, Mr. Neitenbach oversees a nationwide network of sales resources that perform multiple roles in the sale and placement of LexisNexis products and services, with a primary objective of increasing the efficiency and productivity of corporate counsel.
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502 - Fraud - How to Detect and Deter: When the Cat is Out of the Bag
Increased levels of corruption, a heightened regulatory environment, and pointed questions from their auditors and boards, have led companies to be much more vigilant in their efforts to address corporate fraud. This session will focus on the role of in-house counsel in designing, implementing, and communicating an anti-fraud program. We will consider areas of vulnerability, early detection processes, how to avoid and prepare for possible litigation stemming from corporate fraud, and how to reduce potential for class action lawsuits. The challenges of dealing with fraud on a global scale, particularly in emerging markets, will also be addressed.
Speakers:
Timothy Bixler
Vice President, General Counsel & Secretary
International Rectifier Corporation
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Tim Bixler is the vice president, general counsel, and secretary of International Rectifier (IR) in Los Angeles, CA. His current responsibilities include leadership of the legal function of the company and directing the company's legal affairs, as well as providing legal counsel to the board of directors, and senior management. Mr. Bixler also has indirect responsibility for the company's internal audit, EHS, compliance and trade controls groups.
Prior to joining IR, Mr. Bixler served in senior counsel roles for General Electric, including serving as general counsel to GE's Homeland Protection business.
Mr. Bixler holds a BS from Yale University and a JD from Cornell Law School.
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Drew McKay
Executive Vice President, General Counsel & Secretary
The Fairfax Group
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Drew McKay has many years of both private sector and federal government experience. He has been engaged by private industry and governments around the world to handle sensitive assignments, including investigating public and private corruption at the highest levels. He has provided compliance and governance advice to American and European companies, and developed and implemented risk mitigation plans for corporations and for special events like the Olympics.
Prior to joining Fairfax, Mr. McKay was an assistant U.S. attorney in DC. He also served in a variety of senior staff positions in the U.S. Congress, including as staff director and general counsel of a joint committee. He also served as the assistant staff director for the Federal Election Commission where he administered the first public financing of a U.S. Presidential election in 1976.
Mr. McKay has been featured in the Wall Street Journal for his leading role in uncovering international thefts of trade secrets and in other publications about many successful fraud investigations. He has appeared on a variety of broadcast news programs discussing international threats and risks. In the ACC, Mr. McKay has been chair of the national litigation committee, a member of the foundation’s board of directors, and a board member and president of the Metropolitan Washington, DC Chapter.
Mr. McKay earned his BA from Oakland University and his JD from the Washington College of Law at The American University. He also completed graduate studies at Princeton Theological Seminary.
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6:00 PM
- 7:00 PM
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Reception
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8:00 AM
- 9:00 AM
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Breakfast
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9:00 AM
- 10:30 AM
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601 - Finance and Accounting for the In-house Counsel
No, you won’t have to wear a green eyeshade and crunch numbers. However, smart in-house counsel understand that they must be knowledgeable about the financial and accounting practices of their clients and recognize problem areas when they arise. The alternative may be to watch your company suffer the consequences if it goes astray. We’ll introduce you to the basics of finance and accounting, identify what financial red flags look like, and assist you to understand the underlying financial documents such as the corporate financial statement and its balance sheet. Keep your head out of the sand.
Speakers:
Mark Williams
Professor
Boston University School of Management
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Mark T. Williams is currently executive-in-residence/lecturer in the finance and economics department at the Boston University School of Management. His major responsibility includes, course development and conducting risk management research. Current teaching responsibilities include a graduate level course in risk management as well as courses in capital markets and economic activities.
Mr. Williams is a nationally recognized risk management expert. He has worked for regulated as well as un-regulated energy companies including PG&E Corp, Citizens Power and Edison Mission Energy. Major duties have included measuring, managing and reporting of the market, credit and operational risks associated with the trading of energy commodities e.g., power, coal, oil and natural gas. Measurement responsibilities have included the development of energy forward pricing curves and the daily marking-to-market of physical as well as complicated derivative type energy contracts with lengths of up to 25 years. Prior risk management experience also includes working at the Federal Reserve Bank (San Francisco & Boston) and as a bank trust officer. In these various roles he had been responsible for pricing derivative swap transactions, evaluating mark-to-market processes, examining trust investment portfolios, credit loan portfolios, level of prudent asset allocation and overall risk/returns. While at the Federal Reserve Bank he also served as the lead trust examiner for JP Morgan-California and focused on trading, investment and off-balance sheet risk.
In addition to teaching, Mr. Williams is also engaged in risk management and investment consulting to Fortune 500 Companies as well as to large net-worth individuals.
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10:30 AM
- 11:00 AM
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Break
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11:00 AM
- 12:30 PM
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701 - ACC Value Challenge: How to Control Costs and Establish Value-based Relationships with Outside Counsel
Presented in cooperation with Barnes & Thornburg LLP
The ability to effectively manage outside counsel is essential to the success of in-house lawyers. Learn how to select, evaluate, compare, and retain the outside counsel that best suits the organizational needs of your company; develop lists and criteria for preferred legal service providers and specialized firms; understand key terms and provisions of engagement letters and firm guidelines; conduct conflict checks and handle outside counsel waiver requests; implement alternative billing models; and learn how to optimize the use of technology and knowledge management with your outside counsel.
Speakers:
Susan Hackett
Vice President & General Counsel
Association of Corporate Counsel
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Susan Hackett is the senior vice president and general counsel of the Association of Corporate Counsel (ACC), based in their Washington, DC offices. While she has held a number of roles and responsibilities since joining ACC, she is currently focused on ACC’s advocacy and CLO segment efforts, including ACC’s amicus program, attorney-client privilege protection, the development of in-house legal ethics and professionalism resources, ACC’s Value Challenge initiative (to reconnect value to the cost of legal services), testimony and representation before decision-making authorities, in-house corporate responsibility initiatives, multijurisdictional practice (MJP) reform, and civil justice reform initiatives. Ms. Hackett also leads ACC’s pro bono and diversity initiatives for corporate law departments, partnering with the Pro Bono Institute to create and implement Corporate Pro Bono (CPBO.org) and with Street Law, Inc., to create and implement the ACC/Street Law Corporate Legal Diversity Pipeline program.
Before joining ACC, she was a transactional attorney at Patton Boggs.
Ms. Hackett is a graduate (BA) of James Madison College at Michigan State University and a graduate of the University of Michigan Law School.
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Kenneth Yerkes
Partner
Barnes & Thornburg LLP
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Kenneth J. Yerkes, a partner in Barnes & Thornburg LLP’s Indianapolis, IN office, is chairman of the firm’s labor and employment law department. His practice experience includes collective bargaining, contract administration and representation in arbitration proceedings; federal and state court litigation involving discrimination and wrongful discharge claims; representation in alternative dispute resolution proceedings; supervisor training; EFCA and union avoidance planning; appearing before federal and state agencies, drafting and enforcing non-competition agreements and employment contracts; and day-to-day counseling. Mr. Yerkes practice is national in scope, with frequent union bargaining and litigation engagements across the country.
Mr. Yerkes has been listed in The Best Lawyers in America® for over 10 years and recognized by his peers on multiple occasions as one of Indiana's "Top 50" lawyers in Indiana Super Lawyers. He has been listed in every edition of Chambers USA’s Americas Leading Lawyers for Business, receiving the highest rating each time. Mr. Yerkes was named a Fellow of the Litigation Counsel of America. A frequent speaker and in-house trainer, he was selected by SHRM to speak at its National Conference.
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702 - Adding Value: Tips & Tools to Prove Your Department's Worth
You know what you save your company, but does your client? You need to add value, but you also need to make sure the client understands the legal department’s positive impact on the bottom line. Leading in-house counsel will share practical tips that will help you do your job, and make sure your department’s contributions are noticed.
Speakers:
Karen Frame
General Counsel/Vice President
Mincom North America
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Currently Karen Frame is general counsel/vice president of Mincom North America, which sells software and services to asset intensive industries in the energy, defense, mining, and transportation sectors. As general counsel, Ms. Frame serves on the senior leadership team and is responsible for intellectual property, mergers and acquisitions, litigation, employment issues, compliance, export matters, and contracts.
Previously Ms. Frame was the associate general counsel and assistant secretary at Market Force Information, an emerging growth company focused on providing customer experience insight. Prior to joining Market Force, she was senior director of litigation and associate general counsel at Brocade Communications and McDATA Corporation (Brocade's predecessor), and before McDATA, she was senior counsel of government and external affairs at Covad Communications Company. Ms. Frame's first in-house experience was corporate counsel at Carrier Access Corporation, where she formed and headed up the legal department. Before going in-house, she spent time in private practice and was president and CEO of two high technology start-up companies. Prior to moving to Colorado, Ms. Frame was a business law adjunct professor at the University of Illinois College of Commerce, a former assistant state's attorney, and clerked for an appellate court judge.
Ms. Frame holds a JD from the University of Illinois College of Law and earned her BS from Indiana University.
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Amy Loggins
Corporate Counsel
Crawford & Company
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Amy Loggins is assistant vice president-corporate counsel for Crawford & Company. She is responsible for handling all labor and employment issues for Crawford. Her area of practice includes defending and advising the company on issues pertaining to human resources policies and procedures, restrictive covenants, conflicts of interest, contracts, whistleblower issues, internal investigations, Title VII, ADA, ADEA, FLSA, FMLA, EPA, and other state and federal statutes. Ms. Loggins manages all employment litigation for Crawford & Company and its subsidiaries. She develops and presents training modules for supervisory and management level employees on human resources and labor and employment topics.
Before joining Crawford, Ms. Loggins successfully practiced as a trial attorney for the Equal Employment Opportunity Commission in the Atlanta district office and as an associate with Seacrest, Karesh, Tate & Bicknese.
Ms. Loggins is the current chair of the Junior League of DeKalb County’s Endowment Fund board of trustees, the immediate past president of the Junior League, and a graduate of Leadership DeKalb. Her volunteer board involvement includes the State Bar of Georgia; Younger Lawyer Alumni Committee for the UGA School of Law; DeKalb Rape Crisis Center; and the International Women’s House. She is a former chair of the State Public Affairs Committee representing all Junior Leagues in the state of Georgia. She is also active in Eastside Baseball and the Mt. Bethel Elementary PTA.
Ms. Loggins is a graduate of the University having received her JD and BS from the University of Georgia.
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William Paxton
Attorney
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12:30 PM
- 1:30 PM
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Lunch - Network With your Peers
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1:45 PM
- 3:15 PM
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801 - Protecting Your Client's Intellectual Property
Presented in cooperation with Lex Mundi
You may not know it, but intellectual property considerations and implications are everywhere in your company. And if you think you are immune, or it is someone else’s job because you practice real estate, or employment, or tax law, or are a generalist, then think again. Copyright, trademark, licensing, trade secrets, patent matters, and other IP issues can raise their heads almost anywhere. This session will help you identify what these issues look like so that you can respond accordingly. It will also teach you to take the necessary steps to protect valuable corporate assets and not infringe on the intellectual property rights of others.
Speakers:
Scott Bearby
Assistant General Counsel
National Collegiate Athletic Association (NCAA)
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Scott Bearby serves as the NCAA managing director of legal affairs at the national headquarters for the Association. He serves as the primary counsel for the NCAA's championship media, marketing, and event clients, and oversees the NCAA's intellectual property strategy. In connection with his work on the Division I Men's Basketball Championship, Mr. Bearby serves as a liaison with host city government contacts. He advises the NCAA's limited liability companies and also serves on the Association's crisis management team. He served on the negotiation team for its current media agreements and continues to work on the Association's long-term strategic business interests.
Prior to joining the NCAA, Mr. Bearby was in private practice.
He is volunteering with the 2012 Indianapolis Super Bowl Host Committee and has been active with the Indianapolis Sports and Entertainment Bar Association. He is an adjunct at the Indiana University School of Law-Indianapolis teaching sports law.
Mr. Bearby graduated from the University of Notre Dame and the Indiana University (Maurer) School of Law-Bloomington.
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Eric Groen
Partner
Baker & Daniels
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Eric Groen is a partner at Baker & Daniels and concentrates his practice on intellectual property law in both US and foreign patent matters. He is the firm’s intellectual property practice group leader and represents clients in patent preparation, prosecution, litigation and associated counseling. Mr. Groen also spends a great deal of his practice in litigation avoidance, which includes product and process redesigns, opinion drafting of non-infringement and invalidity positions, and negotiations of contested matters.
Mr. Groen began his patent legal career in corporate practice with AMP Inc., now a division of Tyco Electronics. He held various intellectual property positions, including patent counsel to automotive and telecommunications divisions. The initiation of global strategies for automotive inventions led to the company’s development of patent portfolios for tangible business assets. Mr. Groen then completed a four-year expatriate assignment in Europe, heading the AMP European patent division in Switzerland where he became very familiar with foreign operations, patent matters and business culture. Upon returning to the US, he headed the prosecution section of the Whitaker Corporation, AMP’s wholly owned subsidiary and intellectual property holding company. He also served as the corporation’s global portfolio manager, teaming with corporate executives to make decisions on foreign filings and maintenance of thousands of existing patents and patent applications in the U.S. and foreign countries. Mr. Groen also has experience in global contested matters, including opposition practice in the European Patent Office, Germany and Asia Pacific.
Mr. Groen earned a bachelor’s degree at Purdue University.
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Stephen Slusher
Chief Legal Officer
Palatin Technologies, Inc.
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Stephen Slusher is the chief legal officer of Palatin Technologies Inc., a publicly traded biopharmaceutical company located in Cranbury, NJ and focused on development of peptide, peptide mimetic and small molecule compounds. He is responsible for providing legal counsel to the company, including patents and intellectual property, contracts and other transactional matters, general corporate and securities law, and managing outside counsel.
Prior to joining Palatin Technologies, Mr. Slusher was a partner in Peacock Myers, PC, an intellectual property boutique firm located in Albuquerque, NM. At Peacock Myers he prosecuted patents in pharmaceutical, medical device, metrology and solar technology areas, and also represented clients in patent infringement, trademark and copyright litigation. He was instrumental in starting several biotechnology and medical device companies, and worked for several years as a consultant to high technology companies, primarily in the life sciences area.
Mr. Slusher is a licensed patent attorney and member of the American Intellectual Property Law Association and the New Jersey Intellectual Property Law Association.
He earned his bachelor’s degree at St. John’s College in Santa Fe, NM, and attended the University of New Mexico School of Law.
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802 - How to Set up Compliance Programs
Companies faced with creating and implementing an effective ethics and compliance program have a gargantuan task. While simplicity may be a worthy goal, it may also be stymied by the numerous requirements that need to be met. A compliance program must address not only multiple laws and regulations in which the company has employees and/or operations, but must also give consideration to language, cultural, and ethical differences and issues. Our panel of experts have “been there, done that.” Let them share their tips, practical advice, and insights with you.
Speakers:
Leslie Bender
General Counsel and Chief Privacy Officer
The ROI Companies
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Leslie Bender is the general counsel and compliance officer for the ROI Companies. She specializes in privacy, corporate, transactional, credit, and collections matters.
Immediately prior to joining the ROI Companies, Ms. Bender was a vice president and Mid-Atlantic regional manager for Government Lending Programs and an in-house counsel for NationsBank, N.A. There, she received the banking community’s Gold Medallion award for excellence in community outreach by engaging the Maryland bankers in an ongoing dialogue and ultimately programs resulting in meeting the financing needs of small and disadvantaged business. Prior to the political appointment, Ms. Bender practiced law in Washington, DC law firms specializing in the representation of financial institutions.
ACA International, the association of credit and collections professionals, recognized Ms. Bender as its 2008 Instructor of the Year, and as its 2002 Member of the Year. She was awarded her International Fellowship of Certified Collections Executive distinction. Ms. Bender is a frequent lecturer and subject matter expert on topics related to corporate compliance programs, healthcare law, contract drafting and negotiation, and data security/privacy (including HIPAA).
Ms. Bender earned her BA from Northwestern University and is a graduate of the University of Notre Dame Law School.
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David Falgoust
AVP Corporate Counsel - Compliance
Crawford & Co.
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David Falgoust is assistant vice president, corporate counsel–compliance at Crawford & Company. Based in Atlanta, GA, Crawford & Company is the world’s largest independent provider of claims management solutions to the risk management and insurance industry, as well as self-insured entities. Mr. Falgoust is responsible for enhancing the Company’s compliance and ethics program; determining regulatory, licensing, filing, and reporting requirements for delivery of services; and overseeing the Company’s records management program.
He has previously been engaged in both private and corporate practice, including as in-house counsel at BellSouth Corporation, serving in a variety of capacities, including as general counsel of several of its subsidiaries.
Mr. Falgoust earned a law degree, as well as master’s and bachelor’s degrees, from Tulane University in New Orleans, LA.
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Kathryn Finerty
Associate General Counsel
Wellpoint, Inc.
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Kathryn Finerty’s current role at WellPoint supports provider contracting. She also has experience, both inside and outside of WellPoint, in corporate compliance including directing, planning, administering, and implementing corporate regulatory compliance and ethics activities including advising diverse business entities on federal and state compliance and ethics matters; identifying, assessing and remediating areas of compliance risk; administering the Corporate Compliance Hotline and conducting internal investigations in response to allegations of improper employee or supplier conduct. She has also provided advice in all areas of corporate law and regulatory compliance and in connection with general securities laws, including Sarbanes-Oxley.
Prior to joining WellPoint, Ms. Finerty was at Universal Foods, now known as Sensient Technologies, as in-house counsel. In this role she oversaw corporate compliance from a legal perspective for the parent company and four of its affiliates.
Ms. Finerty is a member of ACC. She has also published several legal articles.
Ms Finerty is a graduate of the University of Wisconsin, Madison where she earned a BA. She also graduated cum laude from Marquette University Law School.
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3:15 PM
- 3:30 PM
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Break
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3:30 PM
- 5:00 PM
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901 - Ethics for the In-house Attorney
In-house counsel face a complex maze of ethical issues. Join ACC in this interactive, professionally produced video case studies and mediated discussion of ethical dilemmas commonly faced by in-house counsel. Not just a recitation of the rules, our scenes put you in the middle of ethical traps faced by in-house counsel. You will be asked to join the fray, so don’t come if you don’t have an opinion and a desire to engage. But if you do, we promise that you’ll leave this session with a better understanding of how to survive and excel in even the most difficult situations.
Speakers:
Susan Hackett
Vice President & General Counsel
Association of Corporate Counsel
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Susan Hackett is the senior vice president and general counsel of the Association of Corporate Counsel (ACC), based in their Washington, DC offices. While she has held a number of roles and responsibilities since joining ACC, she is currently focused on ACC’s advocacy and CLO segment efforts, including ACC’s amicus program, attorney-client privilege protection, the development of in-house legal ethics and professionalism resources, ACC’s Value Challenge initiative (to reconnect value to the cost of legal services), testimony and representation before decision-making authorities, in-house corporate responsibility initiatives, multijurisdictional practice (MJP) reform, and civil justice reform initiatives. Ms. Hackett also leads ACC’s pro bono and diversity initiatives for corporate law departments, partnering with the Pro Bono Institute to create and implement Corporate Pro Bono (CPBO.org) and with Street Law, Inc., to create and implement the ACC/Street Law Corporate Legal Diversity Pipeline program.
Before joining ACC, she was a transactional attorney at Patton Boggs.
Ms. Hackett is a graduate (BA) of James Madison College at Michigan State University and a graduate of the University of Michigan Law School.
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*Program subject to change
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For additional information regarding ACC's Corporate Counsel University®,
please contact: education@acc.com or +1.202.293.4103,
ext. 451
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