advance program details · 704: building your brand: yes, it’s all about you 705: ethics and...

ADVANCE PROGRAM DETAILSA supplement to ACC Docket

Reserve your seat today! www.acc.com/AM17DC

Program is subject to change without notice.

For the most up-to-date schedule, visit

www.acc.com/AM17DC.

FOLD-OUT

PROGRAM AT-A-GLANCE

As of May 2, 2017

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Session may be eligible for ethics credit. Session may be of interest to the chief legal officer. Session is presented in cooperation with a Gold Level sponsor. Session provides global perspective. Session covers basic information essential to the in-house practitioner. Session may be eligible for certain specialty CLE credits.

SUNDAYOCTOBER 15

3:00–4:30 PM Training to Co-host Clinic in a Box® Program

5:30 PM–7:00 PM WELCOME RECEPTION

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7:00 AM REGISTRATION OPENS

7:30 AM–8:30 AM BREAKFAST

8:30 AM–9:45 AM OPENING PLENARY

8:30 AM–1:15 PM Clinic in a Box® Program

10:00 AM–11:30 AM 101: ACC Value Champion Series: Innovation in Client-firm Collaboration; Integrated Approaches that Improve Outcomes

102: Attorney-client Privilege Goes Global

103: Fossil Fuel Renaissance: How the Trump Administration Is Impacting the Energy Industry Globally and Domestically

104: Navigating EU Regulations When Expanding Your Business to Europe

105: Rise of the Machines: Can Compliance and Litigation Keep Up?

106: Advising a Board of Directors When Your Company is in Distress

107: Employment Law Update

108: Dispute Resolution: Essentials for Transactional Lawyers

109: Advanced Third-party Risk Issues: Now that You’ve Created a Vendor Management Program, How Do You Keep Vendor Oversight Effective and Ongoing?

110: Managing the Rupee: Protection, Restrictions, and Opportunities for Navigating the Future of Business in India

111: Is Creepy the New Normal? How Information Governance Can Make the Internet of Things Less Scary

112: All the World’s a Stage: Creating and Protecting Sports and Entertainment Content Around the World

11:45 AM–1:15 PM 201: ACC Value Champion Series: Legal Operations Excellence; Combining Value Strategies to Control Costs and Improve Outcomes

202: Navigating US Environmental Regulatory and Enforcement Priorities on a Federal and State Level

203: Urged by the American Bar Association (ABA): How to Build a Diversity Initiative in Support of ABA Resolution 113

204: Planning for Brexit: What In-house Lawyers Should Do Now

205: I Spy, You Buy: A Look at Digital Marketing

206: Preparation of Corporate Minutes

207: Where in the World is Emily Employment Counsel?

208: Hot Cases in the US Supreme Court and Federal Courts

209: Contracts: Handling Large Volumes in Small Departments

210: Where are we? Performing an Efficient Legal Risk Assessment of Your Business

211: General Counsel’s Role in Cybersecurity Preparedness and Legal Liability from Cybersecurity Exposure

212: Global IP Litigation Strategies: What to Do When Defending Globally

1:15 PM–2:30 PM NETWORKING LUNCH

2:30 PM–4:00 PM 301: ACC Value Champion Series: Deploying Metrics, Lean Techniques, and Workflow Tools to Drive Value

302: The Emerging Law and Public Policy of Self-Driving Vehicles

303: Keeping it Ethical: The Corporation as a Client

304: Facing Constant Crisis: Nuts and Bolts for In-house Counsel Facing Various Challenges in Latin America

305: Is that a Whistleblower I Hear?

306: Handling a Security Incident with a Small Law Department: Building a Critical Incident Response Plan

307: Whose Employee Is This Anyway?

308: Protecting Corporate Websites from Class Action Attack

309: Preventing Litigation Through Contract Drafting

310: Design Thinking: Applying Creative and Practical Problem-solving Methodologies to Add Client Value

311: The FTC on Unfairness, Deception, and Consumer Privacy Enforcement Actions

312: The US International Trade Commission in 2017: New Leverage Points in Seeking or Defending an Investigation

4:00 PM–4:30 PM BREAK

4:30 PM–6:00 PM 401: How to Set Up a Best-in-Class Legal Ops Function

402: Preparing Your Facility for an Unannounced Environmental/Safety Government Agency Inspection

403: Ethical Challenges for Labor and Employment Lawyers: The Dual Hat Dilemma

404: Ready or Not, Here Comes the General Data Protection Regulation

405: Ethics, Codes of Conduct, and Internal Investigations: Updating and Benchmarking Success in 2017

406: How Strategy and Careful Planning Can Make Lawsuits Disappear

407: To Monitor or Not to Monitor: Does Your Company Need a Social Media Monitoring Plan?

408: Mapping and Leveraging Stakeholders in Litigation Matters

409: Clear and Efficient Drafting, with Ken Adams

410: Transformational Payment Services: How FinTech and New Payment Regulations are Impacting Transactions in Europe and Around the World

411: Recent Developments and Emerging Issues in US Federal Government Contracting

412: Managing Your IP Portfolio

6:00 PM–7:00 PM NETWORKING RECEPTION

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9:00 AM–10:30 AM 501: Implementing Value-based Fees: Practical Advice and a Chance to Practice *�This�session�runs�from�8–10:30�AM.�Breakfast��will�be�provided.

502: Compliance, Ethics, and Governance—A Health Care Perspective

503: Exploring Ethics at Trial Through Film

504: Practical Tips for Dealing with Legal Ethics and Compliance Issues in International Supply Chain and Agency Arrangements

505: Antitrust/Competition Law in Disruptive Industries and Markets

506: What to Deploy Now: A Candid Discussion About the What, Where, When, and How of Deploying Existing Technologies in Your Legal Department

507: You Make the Call: Test Your Employment Law Knowledge

508: Identifying and Contracting with a Cloud Services Provider You Can Trust

509: Advanced Issues in Leasing

510: After the Acquisition: Global Workforce Integration Best Practices to Maximize the Value of the Deal

511: Reboot Your Dusty Old Retention Policy to Cover Electronic Information

512: Technology and IP License agreements

10:30 AM–11:00 AM BREAK

11:00 AM–12:30 PM 601: Building Resilience and Grit: Adding to Your Emotional Intelligence Toolkit

602: Global Anti-Corruption and Compliance in the Health Care Sector

603: Can Arbitration Clauses Save Money?

604: Employment & Labor Law: A Primer for New In-house Practitioners

605: CFPB & HUD’s Oversight of Real Estate Issues—A Regulator’s Perspective

606: Regulatory Turmoil During Trump’s First Year: Providing Advice When US Regulatory Change or Repeal Is Occurring, Imminent, or Uncertain

607: Integration or Discrimination: The Legal Implications of Mobile Workspaces

608: Uncover the Hidden Potential in “Little Data”

609: Deal or No Deal: Negotiating and Drafting International Contracts

610: IP Considerations in M&A Transactions

611: Cybersecurity: Cyber Incident Response When You Didn’t Have a Plan

612: For-profit and Nonprofit Partnerships and Promotions: What You Need to Know to do Good and Avoid Harming Your Brand

12:45 PM–2:15 PM LUNCH AND KEYNOTE PRESENTATION

2:30 PM–4:00 PM 701: AI for Corporate Law Departments: What Is Real Now?

702: Business Associate Accountability in US Health Care Compliance

703: Ethics of In-house Pro Bono

704: Building Your Brand: Yes, it’s All About You

705: Ethics and Compliance Training on a Budget

706: Everything You Always Wanted to Know About eSports

707: Managing Global Labor and Employment Law Matters

708: Defending the Front Line: Your Role in Domestic and International Arbitrations

709: Foolproof RFPs to Get the Legal Services You Want

710: The Latest Trends in M&A Drafting: What Do Recent Transactions Tell Us About Developments in Deal-making?

711: “Gone Phishing?” Protecting Your Company from Hackers

712: Hot Topics in Copyright Law


4:30 PM–6:00 PM 801: Bridging Generational Gaps: How to Reveal and Deal with Implicit Bias

802: We Can Handle the Truth: Let’s Meet the US Health Law Enforcers

803: An Overview of US Nonprofit Law and Practice Pointers

804: One Size Does Not Fit All: Best Practices for Using Contract Templates and Implementing Standard Policies in Multinational Companies

805: Public-private Partnerships: A Messy Handshake? Fear, Trust, and Value in Working with the Government

806: US Federal Anti-money Laundering Enforcement for the Non-compliance Attorney or General Counsel

807: The Nuts and Bolts of a Successful Response to a State Attorney General Inquiry in the US

808: Small Companies Facing Big Litigation

809: Key Issues in Negotiating and Drafting Subscription Services Agreements

810: Ethical Issues in M&A Transactions

811: Bet-the-company Litigation: When the Insurer Won’t Settle

812: To Catch a Cyber Thief: A Case Study in Pursuing and Stopping International Misappropriation of Confidential Information, Proprietary Business Data, and Trade Secrets


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9:00 AM–10:30 AM 901: ACC Regulator Session: Corporate Compliance and Enforcement

902: ACC Regulator Session: Employment and Labor Law

903: Business Education for In-house Counsel: Part I

10:30 AM–11:00 AM BREAK

11:00 AM–12:30 PM 1001: ACC Regulator Session: International Data Privacy

1002: ACC Regulator Session: Securities Law

1003: Business Education for In-house Counsel: Part II

Session may be eligible for ethics credit. Session may be of interest to the chief legal officer. Session is presented in cooperation with a Gold Level sponsor. Session provides global perspective. Session covers basic information essential to the in-house practitioner. Session may be eligible for certain specialty CLE credits.

SUNDAYOCTOBER 15

3:00–4:30 PM Training to Co-host Clinic in a Box® Program

5:30 PM–7:00 PM WELCOME RECEPTION

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8:30 AM–9:45 AM OPENING PLENARY

8:30 AM–1:15 PM Clinic in a Box® Program

10:00 AM–11:30 AM 101: ACC Value Champion Series: Innovation in Client-firm Collaboration; Integrated Approaches that Improve Outcomes

102: Attorney-client Privilege Goes Global

103: Fossil Fuel Renaissance: How the Trump Administration Is Impacting the Energy Industry Globally and Domestically

104: Navigating EU Regulations When Expanding Your Business to Europe

105: Rise of the Machines: Can Compliance and Litigation Keep Up?

106: Advising a Board of Directors When Your Company is in Distress

107: Employment Law Update

108: Dispute Resolution: Essentials for Transactional Lawyers

109: Advanced Third-party Risk Issues: Now that You’ve Created a Vendor Management Program, How Do You Keep Vendor Oversight Effective and Ongoing?

110: Managing the Rupee: Protection, Restrictions, and Opportunities for Navigating the Future of Business in India

111: Is Creepy the New Normal? How Information Governance Can Make the Internet of Things Less Scary

112: All the World’s a Stage: Creating and Protecting Sports and Entertainment Content Around the World

11:45 AM–1:15 PM 201: ACC Value Champion Series: Legal Operations Excellence; Combining Value Strategies to Control Costs and Improve Outcomes

202: Navigating US Environmental Regulatory and Enforcement Priorities on a Federal and State Level

203: Urged by the American Bar Association (ABA): How to Build a Diversity Initiative in Support of ABA Resolution 113

204: Planning for Brexit: What In-house Lawyers Should Do Now

205: I Spy, You Buy: A Look at Digital Marketing

206: Preparation of Corporate Minutes

207: Where in the World is Emily Employment Counsel?

208: Hot Cases in the US Supreme Court and Federal Courts

209: Contracts: Handling Large Volumes in Small Departments

210: Where are we? Performing an Efficient Legal Risk Assessment of Your Business

211: General Counsel’s Role in Cybersecurity Preparedness and Legal Liability from Cybersecurity Exposure

212: Global IP Litigation Strategies: What to Do When Defending Globally

1:15 PM–2:30 PM NETWORKING LUNCH

2:30 PM–4:00 PM 301: ACC Value Champion Series: Deploying Metrics, Lean Techniques, and Workflow Tools to Drive Value

302: The Emerging Law and Public Policy of Self-Driving Vehicles

303: Keeping it Ethical: The Corporation as a Client

304: Facing Constant Crisis: Nuts and Bolts for In-house Counsel Facing Various Challenges in Latin America

305: Is that a Whistleblower I Hear?

306: Handling a Security Incident with a Small Law Department: Building a Critical Incident Response Plan

307: Whose Employee Is This Anyway?

308: Protecting Corporate Websites from Class Action Attack

309: Preventing Litigation Through Contract Drafting

310: Design Thinking: Applying Creative and Practical Problem-solving Methodologies to Add Client Value

311: The FTC on Unfairness, Deception, and Consumer Privacy Enforcement Actions

312: The US International Trade Commission in 2017: New Leverage Points in Seeking or Defending an Investigation


4:30 PM–6:00 PM 401: How to Set Up a Best-in-Class Legal Ops Function

402: Preparing Your Facility for an Unannounced Environmental/Safety Government Agency Inspection

403: Ethical Challenges for Labor and Employment Lawyers: The Dual Hat Dilemma

404: Ready or Not, Here Comes the General Data Protection Regulation

405: Ethics, Codes of Conduct, and Internal Investigations: Updating and Benchmarking Success in 2017

406: How Strategy and Careful Planning Can Make Lawsuits Disappear

407: To Monitor or Not to Monitor: Does Your Company Need a Social Media Monitoring Plan?

408: Mapping and Leveraging Stakeholders in Litigation Matters

409: Clear and Efficient Drafting, with Ken Adams

410: Transformational Payment Services: How FinTech and New Payment Regulations are Impacting Transactions in Europe and Around the World

411: Recent Developments and Emerging Issues in US Federal Government Contracting

412: Managing Your IP Portfolio


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9:00 AM–10:30 AM 501: Implementing Value-based Fees: Practical Advice and a Chance to Practice *�This�session�runs�from�8–10:30�AM.�Breakfast��will�be�provided.

502: Compliance, Ethics, and Governance—A Health Care Perspective

503: Exploring Ethics at Trial Through Film

504: Practical Tips for Dealing with Legal Ethics and Compliance Issues in International Supply Chain and Agency Arrangements

505: Antitrust/Competition Law in Disruptive Industries and Markets

506: What to Deploy Now: A Candid Discussion About the What, Where, When, and How of Deploying Existing Technologies in Your Legal Department

507: You Make the Call: Test Your Employment Law Knowledge

508: Identifying and Contracting with a Cloud Services Provider You Can Trust

509: Advanced Issues in Leasing

510: After the Acquisition: Global Workforce Integration Best Practices to Maximize the Value of the Deal

511: Reboot Your Dusty Old Retention Policy to Cover Electronic Information

512: Technology and IP License agreements

10:30 AM–11:00 AM BREAK

11:00 AM–12:30 PM 601: Building Resilience and Grit: Adding to Your Emotional Intelligence Toolkit

602: Global Anti-Corruption and Compliance in the Health Care Sector

603: Can Arbitration Clauses Save Money?

604: Employment & Labor Law: A Primer for New In-house Practitioners

605: CFPB & HUD’s Oversight of Real Estate Issues—A Regulator’s Perspective

606: Regulatory Turmoil During Trump’s First Year: Providing Advice When US Regulatory Change or Repeal Is Occurring, Imminent, or Uncertain

607: Integration or Discrimination: The Legal Implications of Mobile Workspaces

608: Uncover the Hidden Potential in “Little Data”

609: Deal or No Deal: Negotiating and Drafting International Contracts

610: IP Considerations in M&A Transactions

611: Cybersecurity: Cyber Incident Response When You Didn’t Have a Plan

612: For-profit and Nonprofit Partnerships and Promotions: What You Need to Know to do Good and Avoid Harming Your Brand

12:45 PM–2:15 PM LUNCH AND KEYNOTE PRESENTATION

2:30 PM–4:00 PM 701: AI for Corporate Law Departments: What Is Real Now?

702: Business Associate Accountability in US Health Care Compliance

703: Ethics of In-house Pro Bono

704: Building Your Brand: Yes, it’s All About You

705: Ethics and Compliance Training on a Budget

706: Everything You Always Wanted to Know About eSports

707: Managing Global Labor and Employment Law Matters

708: Defending the Front Line: Your Role in Domestic and International Arbitrations

709: Foolproof RFPs to Get the Legal Services You Want

710: The Latest Trends in M&A Drafting: What Do Recent Transactions Tell Us About Developments in Deal-making?

711: “Gone Phishing?” Protecting Your Company from Hackers

712: Hot Topics in Copyright Law


4:30 PM–6:00 PM 801: Bridging Generational Gaps: How to Reveal and Deal with Implicit Bias

802: We Can Handle the Truth: Let’s Meet the US Health Law Enforcers

803: An Overview of US Nonprofit Law and Practice Pointers

804: One Size Does Not Fit All: Best Practices for Using Contract Templates and Implementing Standard Policies in Multinational Companies

805: Public-private Partnerships: A Messy Handshake? Fear, Trust, and Value in Working with the Government

806: US Federal Anti-money Laundering Enforcement for the Non-compliance Attorney or General Counsel

807: The Nuts and Bolts of a Successful Response to a State Attorney General Inquiry in the US

808: Small Companies Facing Big Litigation

809: Key Issues in Negotiating and Drafting Subscription Services Agreements

810: Ethical Issues in M&A Transactions

811: Bet-the-company Litigation: When the Insurer Won’t Settle

812: To Catch a Cyber Thief: A Case Study in Pursuing and Stopping International Misappropriation of Confidential Information, Proprietary Business Data, and Trade Secrets


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9:00 AM–10:30 AM 901: ACC Regulator Session: Corporate Compliance and Enforcement

902: ACC Regulator Session: Employment and Labor Law

903: Business Education for In-house Counsel: Part I

10:30 AM–11:00 AM BREAK

11:00 AM–12:30 PM 1001: ACC Regulator Session: International Data Privacy

1002: ACC Regulator Session: Securities Law

1003: Business Education for In-house Counsel: Part II

CONTENTS2 PROGRAMDETAILS

25 MEETINGHIGHLIGHTS

28 NETWORKING

30 JUSTTHEFACTS

31 REGISTRATION

32 HOUSINGINFORMATION

33 WASHINGTON,DC

34 SPONSORS

A Special “Thank You”…To our 2017 Annual Meeting advisory board for their guidance in developing the program:

Renee BenjaminSenior CounselCal Portland Company

Richard BraitGeneral CounselSiemens Canada Limited

Kristen ChittendenAssociate General CounselHendry Marine Industries, LLC

Alex D’AmbrosioEVP, Legal & CorporateAffairs & General CounselBanco Santander (Brasil) SA

Sherie EdwardsVice President,Corporate & Legal SVMIC

Dawn HaghighiGeneral CounselPCV Murcor Real Estate

Ed PaulisVP & Assistant General CounselZurich North America Group

Nick WillettsGeneral CounselLandis & Gyr (Toshiba)

Simone WuGeneral CounselChoice Hotels

Amy YeungVice President - LegalDataminr

PROGRAM DETAILS2017 ACC ANNUAL MEETING WASHINGTON DC | OCTOBER 15–18 | WHERE IN-HOUSE COUNSEL CONNECT

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SUNDAY, OCTOBER 15

3–4:30 PM

Training to Co-host Clinic in a Box® ProgramPRESENTED BY CORPORATE PRO BONO

SKILL LEVEL: Intermediate

See page 27 for additional details on this and other Corporate Pro Bono (CPBO) Programs.

5:30–7 PM

WELCOME RECEPTION

MONDAY, OCTOBER 16

7:30–8:30 AM

BREAKFAST

8:30–9:45 AM OPENING PLENARY

See page 25 for more details.

8:30 AM–1:15 PM Clinic in a Box® ProgramPRESENTED BY CORPORATE PRO BONO

SKILL LEVEL: Intermediate

See page 27 for additional details on this and other Corporate Pro Bono (CPBO) Programs.

10–11:30 AM

101 ACC Value Champion Series: Innovation in Client-firm Collaboration; Integrated Approaches that Improve OutcomesPRESENTED BY THE ASSOCIATION OF CORPORATE COUNSEL

CURRICULA: Law Department Management, Legal OperationsSKILL LEVEL: Advanced

These Value Champions developed holistic client-firm partnerships to improve effectiveness and prevent legal disputes. They will explain how you can forge a “joint venture”—coming together for design thinking workshops and mapping processes to improve productivity; harnessing data to provide insight along with training to act upon it; building extranets to collaborate and share knowledge; and applying creative staffing and fee models to drive value.

102 Attorney-client Privilege Goes GlobalPRESENTED BY THE ACC LITIGATION COMMITTEE

CURRICULA: Cross-border/Global, Ethics, LitigationSKILL LEVEL: Advanced

Identifying the client and how to protect privileged communications are two of the most important issues that any in-house practitioner will deal with. This engaging presentation will explore not only the state of attorney-client privilege in the United States, but also across borders. Attorney-client and work-product privileges are construed and handled quite differently in Europe, Asia, and the Middle East, than they are in the United States. This is a must-master topic for any in-house counsel supporting a global business.

103 Fossil Fuel Renaissance: How the Trump Administration Is Impacting the Energy Industry Globally and DomesticallyPRESENTED BY THE ACC ENERGY, INTERNATIONAL LEGAL AFFAIRS

AND ENVIRONMENTAL & SUSTAINABILITY COMMITTEES

CURRICULA: Environment & Energy, Cross-border/Global, RegulationSKILL LEVEL: Intermediate

The Trump administration’s energy policy takes a more friendly approach towards traditional fossil fuels such as oil and coal. But is it actually causing a resurgence in the coal industry? Are consumers and businesses abandoning their electric and alternative-fuel vehicles, and reverting back to the use of diesel and gasoline cars and trucks? Can Trump’s policy change the direction of current law and regulation away from renewable fuels and clean power? And how is Trump’s energy policy affecting global markets that set the

PROGRAM DETAILSWWW.ACC.COM/AM17DC

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price for crude oil and other commodities? How is the US’s participation in the Paris Agreement affected? Attend this session to find out.

104 Navigating EU Regulations When Expanding Your Business to EuropePRESENTED IN COOPERATION WITH LEX MUNDI

CURRICULA: Compliance, Cross-border/Global, RegulationSKILL LEVEL: Intermediate

As your company expands into or within Europe, a key success factor will be understanding the various regulatory and compliance requirements in the EU. Learn how to take advantage of business opportunities and avoid facing severe consequences of non-compliance in Europe. Through case studies and interactive polling, a panel of experts will discuss real solutions to help you navigate EU regulations and other legal requirements. Moderated by a US C-suite executive, legal experts from Germany, the UK, and Luxembourg will share how companies can successfully start-up or expand to Europe. Experts will help demystify the European regulatory landscape and answer pressing participant questions during an in-depth Q&A session. The presentation will be interactive, offering case studies, hands-on checklists, and a special Twitter-based follow-up campaign.

105 Rise of the Machines: Can Compliance and Litigation Keep Up?PRESENTED BY THE ACC COMPLIANCE & ETHICS AND INSURANCE

STAFF COUNSEL COMMITTEES

CURRICULA: Compliance, Litigation, Legal Operations, Regulation, TechnologySKILL LEVEL: Intermediate

Increasingly, companies are using artificial intelligence (AI), or machine learning, to navigate the complexities of anti-money laundering, anti-fraud, and export-sanctions compliance programs. This session will address the following questions: Will it eventually be considered negligent not to use AI to identify and monitor compliance risks? What are the possibilities for AI in litigation, beyond utilization in e-discovery? In the future, will AI be used in conjunction with brief writing, pleadings preparation, jury selection, and prediction of jury verdicts? Panelists will share their experiences and recommendations regarding the value, risks, and pitfalls of including AI in your compliance programs and in litigation.

106 Advising a Board of Directors When Your Company is in DistressPRESENTED IN COOPERATION WITH MERITAS - LAW FIRMS WORLDWIDE

CURRICULA: Corporate & Securities, EthicsSKILL LEVEL: Intermediate

A board of directors that oversees a company nearing or experiencing financial trouble sits in a very different position than a board that oversees a non-distressed company. Directors’ duties can shift, and their decision-making frequently faces a different standard of scrutiny. Crisis can strike quickly and without notice, leaving little time to implement procedures and protocols before responding. Preparation is key, and this interactive program will focus on advanced-planning strategies to help protect both the company and the board from incurring liability to shareholders and creditors.

107 Employment Law UpdatePRESENTED BY THE ACC EMPLOYMENT & LABOR COMMITTEE

CURRICULA: Compliance, Employment & Labor, RegulationSKILL LEVEL: Intermediate

A perennial favorite, this session will highlight the most important trends, legislation, regulation, and case law affecting labor and employment in the United States over the past year. Panelists will discuss regulatory changes and enforcement trends instituted by the Trump administration and the US National Labor Relations Board; new and proposed legislation from Congress; and hot trends at the state level. Join an experienced panel of experts for insight and practical knowledge on these new developments in workplace law in the US.

108 Dispute Resolution: Essentials for Transactional LawyersPRESENTED BY THE ACC CORPORATE & SECURITIES COMMITTEE

CURRICULA: Alternative Dispute Resolution, Contracts & Negotiation, Litigation, Mergers & AcquisitionsSKILL LEVEL: Intermediate

Corporate practitioners often pay little attention to dispute-resolution provisions in acquisition agreements, and other commercial contracts, until a problem arises. This session will discuss key issues to consider when drafting and negotiating acquisition agreements, and other commercial contracts, related specifically to dispute resolution. Questions this session will address include: When does it make sense to provide for arbitration instead of litigation?

Sessionmaybeeligibleforethicscredit.

Sessionmaybeofinteresttothechieflegalofficer.

SessionispresentedincooperationwithaGoldLevelsponsor.

Sessionprovidesglobalperspective.

Sessioncoversbasicinformationessentialtothein-housepractitioner.

SessionmaybeeligibleforcertainspecialtyCLEcredits.


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What issues should be considered when selecting a forum for dispute resolution? What factors should be considered in selecting arbitration rules? What types of provisions can be used to break deadlocks in the event of disputes between joint-venture partners?

109 Advanced Third-party Risk Issues: Now that You’ve Created a Vendor Management Program, How Do You Keep Vendor Oversight Effective and Ongoing?PRESENTED BY THE ACC IT, PRIVACY & ECOMMERCE COMMITTEE

CURRICULA: Compliance, Contracts & Negotiations, Cross-border/Global, RegulationSKILL LEVEL: Advanced

Take your vendor management program to the next level with this robust discussion on maturing vendor processes. From initial due diligence, to contracting and international issues, this session will tackle areas in-house counsel need to address, but often don’t have the resources, know-how, or time to do so. Panelists will take a risk-based approach that considers the expectations of regulators and evaluates the small business perspective—including challenges related to lack of bargaining power. Can you charge a customer for requiring you to renegotiate contracts with downstream vendors, because the customer’s requirements are more sophisticated? Come find out!

110 Managing the Rupee: Protection, Restrictions, and Opportunities for Navigating the Future of Business in IndiaPRESENTED IN COOPERATION WITH TERRALEX

CURRICULA: Cross-border/Global, Finance, RegulationSKILL LEVEL: Intermediate

Currency fluctuations are a never-ending concern for all global businesses, regardless of their size. In recent months, many have been focused on the rupee’s uncertainty and what it means for businesses that have made substantial investments in India. This session will discuss what legal protection against global currency fluctuation is available for businesses with Indian holdings. It will also address the currency control restrictions that exist in India, as well as how these restrictions impact investments and trade payments. Finally, panelists will explore differences in global interest rates and how they can create opportunities for foreign investors in the future.

111 Is Creepy the New Normal? How Information Governance Can Make the Internet of Things Less ScaryPRESENTED BY THE ACC INFORMATION GOVERNANCE COMMITTEE

CURRICULA: Compliance, Data Privacy & Security, Ethics, Information Governance, Regulation, TechnologySKILL LEVEL: Intermediate

The Information Age has reached an inflection point: The data we are creating, mining, and leveraging creates unique information governance challenges for businesses around the globe. Even though modern technologies frequently cross privacy lines, society has overwhelmingly chosen to sacrifice personal privacy for convenience, fun, and efficiency. But do we really understand how data collected by our cars, home appliances, mobile devices, children’s toys, and other devices are used, or are consumers making a deal with the Internet of Things (IoT) devil? This panel will explore the haunting emergence of IoT technologies, and have a special focus on the increased use of predictive algorithms to derive and deliver public and private goods and services. How should IoT data be governed when legal and ethical standards are not always clear, and how should the legal community advocate for effective new laws and regulations?

112 All the World’s a Stage: Creating and Protecting Sports and Entertainment Content Around the WorldPRESENTED BY THE ACC SPORTS & ENTERTAINMENT COMMITTEE

CURRICULA: Contracts & Negotiations, Cross-border/Global, Intellectual PropertySKILL LEVEL: Intermediate

Entertainment and sports are global industries with fans around the world. An understanding of intellectual property laws outside of your own borders can be crucial to protecting your company’s valuable content. This session will take a comparative look at copyright and trademark laws and provide insight into global business considerations that may impact the creation, licensing, distribution, and merchandising of sports and entertainment content around the world. The panel will also provide an update on recent legal developments and emerging issues that may impact companies seeking to create, distribute, or acquire sports and entertainment programming around the world.

11:30–11:45 AM

BREAK








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11:45 AM–1:15 PM

201 ACC Value Champion Series: Legal Operations Excellence; Combining Value Strategies to Control Costs and Improve OutcomesPRESENTED BY THE ASSOCIATION OF CORPORATE COUNSEL

CURRICULA: Law Department Management, Legal OperationsSKILL LEVEL: Intermediate

When legal executives set their sights on transforming the way the legal department functions, many value levers are applied in concert. Learn how to take the value of legal services to a new level by applying value-focused strategies to assigning legal work; combining disciplined project management with technology, checklists and playbooks to deliver legal services efficiently; and sharpening outside counsel management practices to control costs.

202 Navigating US Environmental Regulatory and Enforcement Priorities on a Federal and State LevelPRESENTED BY THE ACC ENVIRONMENTAL & SUSTAINABILITY

COMMITTEE

CURRICULA: Compliance, Environment & Energy, RegulationSKILL LEVEL: Intermediate

In-house counsel speakers, along with lawyers from the US Environmental Protection Agency, the Department of Justice’s Environment and Natural Resources Division, and other agencies, will explore the policy and enforcement priorities of the Trump administration, and highlight key states with active environmental programs. This panel will look at regulations regarding greenhouse gasses, chemicals, oil and gas exploration, endangered species, infrastructure permitting, and water law. Attendees will learn how to effectively navigate the new federal regime’s priorities, and deal with states with varying environmental policies and enforcement postures.

203 Urged by the American Bar Association (ABA): How to Build a Diversity Initiative in Support of ABA Resolution 113PRESENTED IN COOPERATION WITH LEXISNEXIS

CURRICULA: Business Management, Cross-border/Global, Data Privacy & Security, Employment & Labor, Ethics, Information Governance, Law Department Management, Legal OperationsSKILL LEVEL: Intermediate

Our experts will present specific ways to champion a diversity initiative, including: establishing guidelines and expectations, communicating with outside counsel, and building and evaluating a law firm panel that meets

diversity goals. With so many departments using e-billing systems today, it is easy to track work performed in hours and dollars down to the timekeeper level (instead of looking at firm ownership alone). Diversity information can be reported on and used to demonstrate contributions to the corporate goals, create targets for improvement, and to initiate meaningful conversations with firms about hiring and staffing practices. This session will offer a facilitated discussion on the potential pitfalls, and ethical, legal, and privacy issues associated with building a diversity initiative. Panelists will also cover data issues for US and international counsel. Finally, this session will propose a specific process for asking for, capturing, and reporting on the timekeeper information gathered.

204 Planning for Brexit: What In-house Lawyers Should Do NowPRESENTED BY THE ACC INTERNATIONAL LEGAL AFFAIRS COMMITTEE

CURRICULA: Compliance, Cross-border/Global, RegulationSKILL LEVEL: Intermediate

On June 23, 2016, the UK—the world’s fifth largest economy— voted to leave the EU—the world’s largest economic grouping. Although it is not yet clear what form the UK’s post-Brexit relationship with the EU will take, companies must develop contingency plans for dealing with the post-Brexit world. Depending on the nature and structure of your company’s business, key Brexit issues to evaluate may include sectoral, employee, contract, regulatory, tax, investment, currency, and/or client risk. In this session, a panel of experienced international lawyers who work in sectors that will be affected by Brexit will discuss how in-house counsel should approach the new world that will result from this monumental change.

205 I Spy, You Buy: A Look at Digital MarketingPRESENTED BY THE ACC IT, PRIVACY & ECOMMERCE COMMITTEE

CURRICULA: Compliance, Data Privacy & Security, Information Governance, Regulation, TechnologySKILL LEVEL: Intermediate

How well do you know your company’s digital marketing platform? The digital marketing industry is making a huge impact on companies around the world, and this panel will help you become an invaluable partner in this space. Digital marketing uses the internet, mobile, display, banners, interest-based advertising, and more to fulfill its goals. From mandated regulations to self-regulated efforts, panelists will provide a thought-provoking analysis of the digital ecosystem, which is home to advertisers, consumers, and vendors who provide analytics, platforms, and powerful technologies.


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206 Preparation of Corporate MinutesPRESENTED BY THE ACC CORPORATE & SECURITIES COMMITTEE

CURRICULA: Business Management, Compliance, Corporate & SecuritiesSKILL LEVEL: Intermediate

Corporate minutes serve a variety of purposes. They provide record of a corporation’s compliance with housekeeping requirements, and document how directors comply with their fiduciary duties. This session will explore best practices for keeping minutes, including: how detailed minutes should be, what should and should not be included in minutes, how confidential matters and attorney-client privilege should be handled when taking minutes, and how to protect the company from inadvertent liability.

207 Where in the World is Emily Employment Counsel?PRESENTED BY THE ACC EMPLOYMENT & LABOR COMMITTEE

CURRICULA: Compliance, Cross-border/Global, Employment & Labor, RegulationSKILL LEVEL: Advanced

This interactive program will address common employment-related issues that multinational corporations face in jurisdictions across the globe, including: reductions in force; investigations of workplace misconduct; corporate acquisitions; enforcement of corporate codes of conduct; and compliance with local wage, tax, and payroll regulations. In a fun and engaging environment, panelists will provide practical tips and strategies for dealing with similar issues in different global regions. Takeaways will include checklists and summary information for the multinational in-house employment counsel.

208 Hot Cases in the US Supreme Court and Federal CourtsPRESENTED BY THE ACC FINANCIAL SERVICES AND LITIGATION

COMMITTEES

CURRICULA: LitigationSKILL LEVEL: Intermediate

This program will provide summaries of recent and upcoming cases in the US Supreme Court and Federal Courts, which will have an impact on a broad spectrum of lawyers.

209 Contracts: Handling Large Volumes in Small DepartmentsPRESENTED BY THE ACC SMALL LAW DEPARTMENT COMMITTEE

CURRICULA: Contracts & Negotiations, Legal OperationsSKILL LEVEL: Intermediate

This session will share protocols and practices for handling large volumes of contract reviews with a small legal department. Panelists will offer tips, ideas, and insights for practices that work, including: creating a process for non-attorney managers to handle a subset of low-risk contracts, creating approval criteria, requiring the sales team to take a more active role, and more.

210 Where are we? Performing an Efficient Legal Risk Assessment of Your BusinessPRESENTED BY THE ACC LAW DEPARTMENT MANAGEMENT COMMITTEE

CURRICULA: Compliance, Law Department ManagementSKILL LEVEL: Basic

Whether you are new to your company, or coming into your position because of a corporate change, you need to quickly understand where the “fault lines” are. A risk diagnostic is an efficient method for identifying the legal risk areas of your new business. This session will apply the diagnostic to a case study, and its panel will explore scenarios that present various legal and compliance risks for the hypothetical company and its new counsel—you. The audience will be given opportunities to put the diagnostic to the test, and will come away with a practical tool for understanding and advising the business.

211 General Counsel’s Role in Cybersecurity Preparedness and Legal Liability from Cybersecurity ExposurePRESENTED BY THE ACC LITIGATION COMMITTEE

CURRICULA: Compliance, Data Privacy & Security, TechnologySKILL LEVEL: Advanced

You’ve been hacked! What does the general counsel do? This engaging presentation will take the audience through real-world situations involving cyber intrusion and the role of the general counsel in investigating the intrusion, handling liability for loss of personal information, dealing with the media, and holding the perpetrators accountable. In addition, the panel will survey current case law involving company liability for loss of data, and conclude with practical tips for preparing companies for cybersecurity issues.


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212 Global IP Litigation Strategies: What to Do When Defending GloballyPRESENTED BY THE ACC INTELLECTUAL PROPERTY COMMITTEE

CURRICULA: Alternative Dispute Resolution, Cross-border/Global, Intellectual Property, LitigationSKILL LEVEL: Intermediate

As many products are now sold globally, counterfeit or infringing products can spread around the world very quickly and violate your company’s IP rights. Similarly, competitors can use courts around the world to attack your position. It is no longer efficient to address this problem country by country. Creating a globally coordinated strategy that uses the best aspects of the legal process in each country, is the best way to effectively approach global litigation. Understanding the differences in law, practice, and procedure in major jurisdictions will allow you to develop enforcement strategies that secure strong returns on investments, and help your business to achieve its goals. This session will address these issues and include insights on preliminary injunctions (and how to defend against them), arbitration options, and the different courts that can be used in major jurisdictions.

CLOLL1 Talent Management and Succession Planning CURRICULA: Business Management, Law Department Management

This roundtable discussion will address the following questions: How does your law department’s approach to talent management align with your company’s approach to the market? What skills will your law department need in five to 10 years, considering your company’s growth plans, and trends in the regulatory and technology landscapes? What does your talent-development culture look like? How do you identify and invest in the top talent among your employees? What is your approach to succession planning? What training and development opportunities—such as stretch assignments and rotations—do you offer your team?

1:15–2:30 PM

NETWORKING LUNCHSee page 29 for more details.

2:30–4 PM

301 ACC Value Champion Series: Deploying Metrics, Lean Techniques, and Workflow Tools to Drive ValuePRESENTED BY THE ASSOCIATION OF CORPORATE COUNSEL

CURRICULA: Law Department Management, Legal OperationsSKILL LEVEL: Advanced

Value journeys often start by gathering information, and they can then take off in many different directions. These Value Champions demonstrate that data analytics, change-focused metrics, and carefully targeted spending lead to dramatic improvement in the value of external legal services; and cost-effective workflow tools and simplification can be deployed to drive efficiency internally. Whether you’re interested in how to reengineer contracting or outside counsel management, you will take away practical, low-cost value practices from this session.

302 The Emerging Law and Public Policy of Self-driving VehiclesPRESENTED BY THE ACC ENERGY AND ENVIRONMENTAL &

SUSTAINABILITY COMMITTEES

CURRICULA: Environment & Energy, Regulation, TechnologySKILL LEVEL: Intermediate

In I, Robot, author Isaac Asimov posited the “Three Laws of Robotics,” the most important one being that a robot can never harm a human being. Recent technological advances by companies such as Google and Tesla have resulted in a brave new world of self-driving vehicles. But will law and public policy be able to catch up? What should be the “Three Laws of Self-driving Vehicles”? How exactly would self-driving vehicles result in more efficient energy use, a cleaner environment, and greater safety? Should the law allow constant monitoring of these vehicles? Should the government be allowed to “hack” into their computer systems to prevent accidents? What data privacy and intellectual property issues would this raise? Finally, how should companies assess the benefits and liabilities of company-owned self-driving vehicles? Attend this session and explore the answers to these compelling questions.








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303 Keeping it Ethical: The Corporation as a ClientPRESENTED BY THE ACC NEW TO IN-HOUSE COMMITTEE

CURRICULA: Cross-border/Global, EthicsSKILL LEVEL: Intermediate

Receive a short overview of several ethical challenges facing in-house counsel, as well as the law or ethical rule that is applicable to each challenge. Each overview will be followed by a brief panel discussion about the particular challenge, and tips for navigating it. The following hot topics will be addressed: attorney-client privilege, and when the privilege extends to employees; warnings from Upjohn Co. vs. United States; in-house privilege in the EU; privileged and nonprivileged communications; when to consult with the client; privilege waiver; and maintaining privilege.

304 Facing Constant Crisis: Nuts and Bolts for In-house Counsel Facing Various Challenges in Latin AmericaPRESENTED BY ACC ARGENTINA

CURRICULA: Cross-border/GlobalSKILL LEVEL: Intermediate

In this session, an experienced panel of in-house counsel from Argentina, Brazil, and Mexico will provide an overview of how to effectively help clients manage their operations in Latin America. This panel will focus on the role of in-house counsel, and share best practices for advising regional businesses in multiple jurisdictions—each with a fluctuating political, legal, and economic environment. These examples should be useful to counsel working in others jurisdictions with similar contexts, as well.

305 Is that a Whistleblower I Hear?PRESENTED BY THE ACC COMPLIANCE & ETHICS COMMITTEE

CURRICULA: Compliance, Corporate & Securities, RegulationSKILL LEVEL: Intermediate

Although the US Securities and Exchange Commission (SEC) has had a bounty program for more than 25 years, it awarded few bounties to whistleblowers until it established its Office of the Whistleblower, and related programs, four years ago. Since that time, the Office of the Whistleblower has received 14,000 tips from every state in the US and more than 95 countries. Likewise, it has awarded whistleblowers more than $130 million. Under this relatively new program, whistleblowers can receive up to 30 percent of the total amount recovered by the SEC. This session will analyze trends in SEC enforcement and awards, including the

SEC’s increased focus on protecting whistleblowers from retaliation. Panelists will offer practical strategies on how to mitigate risks associated with whistleblower reporting.

306 Handling a Security Incident with a Small Law Department: Building a Critical Incident Response PlanPRESENTED BY THE ACC SMALL LAW DEPARTMENT COMMITTEE

CURRICULA: Business Management, Compliance, Data Privacy & SecuritySKILL LEVEL: Intermediate

The legal department is a key member of the response team when a security incident arises. For the team to be ready in such an event, developing a critical incident response plan in advance is crucial. In this session, a panel of experienced in-house counsel will discuss the steps for creating an incident response program—from developing the plan and selecting team members (internal and external), to creating a process for post-incident follow-up. They will also provide an overview of how to use Design Failure Mode and Effect Analysis to identify gaps in the plan. Presenters will share attorney RFPs, insurance concerns, and table exercises.

307 Whose Employee Is This Anyway?PRESENTED BY THE ACC EMPLOYMENT & LABOR COMMITTEE

CURRICULA: Compliance, Employment & LaborSKILL LEVEL: Advanced

Use of contingent workers (independent contractors, staffing agency employees, etc.) raise complex co-employment relationship questions, with regards to union organizing, US Equal Employment Opportunity claims, wage and hour violations, tax concerns, and other issues surrounding individuals whom the employer never considered to be its employee. This panel of experts will address the benefits, risks, and potential liabilities that hiring contingent workers creates, and provide strategic and practical guidance on best practices.

308 Protecting Corporate Websites from Class Action AttackPRESENTED IN COOPERATION WITH SHOOK, HARDY & BACON LLP

CURRICULA: Contracts & Negotiations, Data Privacy & Security, Intellectual Property, Litigation, TechnologySKILL LEVEL: Intermediate

Are your company’s online terms of use, privacy policy, and other policies ready to withstand a class action challenge? Join this panel to learn about the most common class


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action claims and how to limit risks. Areas covered during this session will include ADA accessibility; New Jersey’s Truth in Consumer Contracts and Warranties Act; the latest cases on creating enforceable online terms, including arbitration provisions; and the need to renew your copyright agent appointment at the Copyright Office, to maintain immunity for infringement by third-party postings. Participants will receive a checklist of issues to consider in determining whether your privacy policy reflects current practices and laws to help you avoid problems before they may arise.

309 Preventing Litigation Through Contract DraftingPRESENTED BY THE ACC LITIGATION COMMITTEE

CURRICULA: Contracts & Negotiations, LitigationSKILL LEVEL: Intermediate

Back by popular demand, this session is a must-attend for every in-house counsel. This panel of seasoned contract litigators from both in-house and private practice will explore the latest trends in contract drafting that can help prevent litigation. Panelists will survey recent contract litigation cases and analyze the contract provisions that turned the tide of these cases. Take-home presentation materials on how to draft enforceable indemnifications, disclaimers, and releases, as well as materials on how to choose other critical contract clauses, like choice of law and choice of forum, will be on every attendee’s desk for years to come.

310 Design Thinking: Applying Creative and Practical Problem-solving Methodologies to Add Client ValuePRESENTED BY THE ACC LAW DEPARTMENT MANAGEMENT COMMITTEE

CURRICULA: Business Management, Law Department Management, Legal OperationsSKILL LEVEL: Advanced

Design thinking has become popular with corporations and innovation junkies, but most in the legal industry have no idea what it is, or how it can dramatically improve the practice and business of law. Understanding the techniques of design thinking, and how to put them into play in a practical and meaningful way, will be invaluable to in-house counsel. More than just a design thinking overview, this interactive workshop will explore innovating with design thinking tools and techniques, how to add client value with design thinking, and how to apply design thinking to the structure and operation of the legal department.

311 The FTC on Unfairness, Deception, and Consumer Privacy Enforcement ActionsPRESENTED BY THE ACC INFORMATION GOVERNANCE COMMITTEE

CURRICULA: Compliance, Cross-border/Global, Data Privacy & Security, Information Governance, Litigation, RegulationSKILL LEVEL: Advanced

Since 2002 the Federal Trade Commission’s (FTC) Bureau of Consumer Protection has secured over 60 settlements against businesses with cybersecurity practices that allegedly failed to protect consumer data. Alleged lapses have included everything from businesses misrepresenting how consumer data would be used on their websites, to failure to encrypt consumer payment card information. Despite the FTC’s role as cybersecurity sheriff being nothing new, many businesses still do not understand the scope and authority of the FTC’s enforcement powers, or how to best manage consumer information to avoid a Civil Investigative Demand (CID). Join this panel of experts to learn how the FTC protects consumer data privacy rights, and what meaningful steps your organization can take to reduce risk. Topics will include cases the FTC is targeting, guidelines for avoiding enforcement actions, responding to a CID, FTC enforcement, and international data transfers.

312 The US International Trade Commission in 2017: New Leverage Points in Seeking or Defending an InvestigationPRESENTED IN COOPERATION WITH KILPATRICK TOWNSEND &

STOCKTON LLP

CURRICULA: Cross-border/Global, Intellectual Property, Litigation, RegulationSKILL LEVEL: Intermediate

New International Trade Commission (ITC) complaints are approaching record highs. US and foreign companies are increasingly bringing patent, trademark, trade secret, and general unfair competition claims to the steps of the Commission, seeking the Commission’s expedited adjudication and injunctive relief. This panel will explore new leverage points for companies seeking to unleash the power of the Commission, as well as those confronting an ITC action as respondents. The session’s focus will include defending against claims by non-practicing entities—an area of particular scrutiny by the Commission—as well as by the Federal Circuit, the Federal Trade Commission, and Congress in recent years. Panelists will also discuss how an ITC action compares with, and often can complement, a US District Court proceeding.








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CLOLL2 Government Affairs and the General Counsel CURRICULA: Law Department Management, Regulation

This roundtable discussion will address the following questions: In your organization, does the general counsel also have responsibility for government affairs and relations? What are the advantages or disadvantages to the current responsibility assignment for government affairs at your organization? What practices do you recommend when working with your government affairs team on legislative and policy issues affecting the company?

4–4:30 PM

BREAK

4:30–6 PM

401 How to Set Up a Best-in-Class Legal Ops FunctionPRESENTED BY THE ASSOCIATION OF CORPORATE COUNSEL

CURRICULA: Law Department Management, Legal Operations, Outside Counsel ManagementSKILL LEVEL: Intermediate

The pressure is on to deliver legal services better, faster, and cheaper. In response, many corporate legal departments, large and small, are establishing operations functions dedicated to optimizing how resources (i.e., budget dollars, people, etc.), processes, and technologies are deployed. Learn how this function can help you with everything from creating a strategic plan, outside counsel management program, and an annual budget, to defining, implementing, and measuring cost-savings initiatives. This session will also discuss how to make the case for a legal operations program, define its role, create its mission, and get the most out of your investment in this high-impact function.

402 Preparing Your Facility for an Unannounced Environmental/Safety Government Agency InspectionPRESENTED BY THE ACC ENVIRONMENTAL & SUSTAINABILITY AND

REAL ESTATE COMMITTEES

CURRICULA: Business Management, Compliance, Environment & Energy, Ethics, RegulationSKILL LEVEL: Advanced

Increasingly stringent US environmental and safety laws and regulations are making compliance efforts more burdensome and resource-intensive. This panel will illustrate these

challenges through the depiction of a mock, unannounced environmental and safety agency inspection of a facility. Starting with facility preparation and continuing with the surprise inspection, panelists will work with audience volunteers to play key roles during this exercise. Panelists will also explore how to proceed if the surprise inspection is being conducted pursuant to a search warrant.

403 Ethical Challenges for Labor and Employment Lawyers: The Dual Hat DilemmaPRESENTED BY THE ACC EMPLOYMENT & LABOR COMMITTEE

CURRICULA: Compliance, Employment & Labor, EthicsSKILL LEVEL: Intermediate

Evolving standards and duties are creating a myriad of ethical dilemmas, and potential conflicts of interest, in the labor and employment practice area. Join this panel for an interactive session covering hypothetical ethical issues resulting from wage-and-hour class actions, whistleblowers, internal investigations, opinion letters, alternative fee arrangements, and threatened criminal prosecution in the United States.

404 Ready or Not, Here Comes the General Data Protection RegulationPRESENTED BY THE ACC INTERNATIONAL LEGAL AFFAIRS COMMITTEE

CURRICULA: Business Management, Compliance, Cross-border/Global, Data Privacy & Security, Regulation SKILL LEVEL: Intermediate

The EU’s General Data Protection Regulation (GDPR) comes into effect on May 25, 2018. The GDPR imposes significant new obligations on the businesses to which it applies, and contains substantial penalties for non-compliance. This session’s panel of experienced international data protection lawyers will discuss hypothetical scenarios and provide practical guidance on compliance with the most significant aspects of the GDPR. The hypothetical scenarios will explore: an individual’s request to access, port, and then erase data, highlighting compliance with current rules and the GDPR, and the GDPR’s sanctions and penalty regimes; and a data transfer and a security breach as they apply to new data transfer mechanisms under the GDPR, the GDPR’s requirements for security and breach reporting, and the relevant potential sanctions and penalties under the GDPR. This session will also consider the impact of Brexit on the implementation of the GDPR.








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405 Ethics, Codes of Conduct, and Internal Investigations: Updating and Benchmarking Success in 2017PRESENTED BY THE ACC SMALL LAW DEPARTMENT COMMITTEE

CURRICULA: Compliance, Ethics, RegulationSKILL LEVEL: Intermediate

Since the release of the Yates memorandum, by the US Department of Justice, individuals within an organization who are aware of, and fail to react responsibly to, ethical, regulatory, or legal issues may incur personal liability. This program will explore practical opportunities for updating and benchmarking the success of your ethics, codes of conduct, and internal investigation programs to help you assure they set and enforce reasonable standards for compliance.

406 How Strategy and Careful Planning Can Make Lawsuits DisappearPRESENTED IN COOPERATION WITH ANDERSON KILL P.C.

CURRICULA: Alternative Dispute Resolution, LitigationSKILL LEVEL: Intermediate

Strategy prevents lawsuits, especially when it comes to disputes with insurance companies. When lawsuits cannot be avoided, strategy can quicken the path to resolution. This panel of experts, including litigators who specialize in resolving complex insurance coverage disputes, and a general counsel who has successfully negotiated coverage issues without litigation, will discuss how corporate counsel can end disputes before they fully form. Additionally, they will explain how to resolve unavoidable lawsuits as efficiently as possible. Don’t just move the pieces around; move straight to the endgame.

407 To Monitor or Not to Monitor: Does Your Company Need a Social Media Monitoring Plan?PRESENTED IN COOPERATION WITH QUARLES & BRADY LLP

CURRICULA: Employment & Labor, Information Governance, TechnologySKILL LEVEL: Intermediate

Now more than ever, social media, websites, and blogs are focusing on information concerning businesses and their products and/or services. This presentation will address social media monitoring and potential responses for businesses. Information posted through media outlets are publicly available and could lead to significant legal ramifications for companies. Panelists will cover examples of cutting-edge companies that actively engage and publicly respond to social media, as well as provide practical tips and best practices for businesses monitoring and/or utilizing social media content.

408 Mapping and Leveraging Stakeholders in Litigation MattersPRESENTED BY THE ACC LITIGATION COMMITTEE

CURRICULA: Legal Operations, LitigationSKILL LEVEL: Intermediate

Every large litigation matter has multiple stakeholders. Some stakeholders are a party to the litigation, and others are on the outside—but all stakeholders have an interest in the litigation’s outcome. This session will look at processes and procedures for stakeholder mapping in large litigation matters. It will help attendees identify those who may be outside of the organization, but who have an interest in the action (whether they are aligned with or opposed to the company), and develop strategies for how to leverage or neutralize these external parties. A stakeholder map can help in-house counsel identify and analyze litigation resources, timing, and communications. This session is a must-attend for anyone managing large litigation.

409 Clear and Efficient Drafting, with Ken AdamsPRESENTED IN COOPERATION WITH ACC ALBERTA

CURRICULA: Contracts & NegotiationsSKILL LEVEL: Intermediate

By reassessing how your company drafts contracts, law departments can help corporate become more competitive, reduce risk, and save time and money. Traditional contract drafting relies on copy-and-pasting and dubious conventional wisdom. Join Ken Adams, author of the renowned book A Manual of Style for Contract Drafting, to learn a more modern approach involves adopting clear and modern contract prose, training your contracts personnel appropriately, and using information technology to create more efficient processes for transactional work.

410 Transformational Payment Services: How FinTech and New Payment Regulations are Impacting Transactions in Europe and Around the WorldPRESENTED IN COOPERATION WITH BIRD & BIRD LLP

CURRICULA: Compliance, Cross-border/Global, Finance, Regulation, TechnologySKILL LEVEL: Advanced

Advances in Financial Technology (FinTech) and the evolution of related regulation have thrown the payments sector into a wave of disruption and innovation. New payment regulations in Europe now apply to a broader range of transactions and will have global implications on banks, card schemes, handset manufacturers, and merchants. Simultaneously, rapid growth in the billion-dollar online and mobile-payments


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industry is driving change to technical and regulatory infrastructure. Expert in-house panelists will discuss current hot topics in payments, including authentication, security, and tokenisation. They will also explore how European regulators—with the implementation of the EU Payment Services Directive 2 (PSD2) and the EU Interchange Fee Regulation (IFR)—could be defining the industry’s future and shaping regulators’ perspectives across the globe. Lastly, this session will look at regulatory developments in Asia Pacific.

411 Recent Developments and Emerging Issues in US Federal Government Contracting CURRICULA: Contracts & Negotiations, Data Privacy & Security, Employment & Labor, RegulationSKILL LEVEL: Intermediate

An ACC Annual Meeting in Washington, DC would not be complete without a robust examination of the most notable trends, rules, regulations, and other news currently affecting US federal government contracting. A panel of government contracting gurus will share practical guidance and expert insight on topics such as cybersecurity regulation of government contractors, the impact of counterfeit parts regulation on commercial suppliers, challenges in hiring non-US citizens and former government personnel, and more.

412 Managing Your IP PortfolioPRESENTED BY THE ACC INTELLECTUAL PROPERTY COMMITTEE

CURRICULA: Intellectual Property, Legal Operations, Outside Counsel ManagementSKILL LEVEL: Advanced

An experienced panel will discuss strategies and best practices for managing the acquisition and maintenance of your IP portfolio. This session will address issues with regards to working with outside counsel and guidelines for doing so, budgeting, metrics and cost considerations, and patent prosecution strategies. Panelists will also review and discuss available resources and tools that can assist with aspects of building and managing a patent and/or trademark portfolio.

CLOLL3 Aligning Your Law Department’s Strategy with Your Corporate Strategy CURRICULA: Business Management, Law Department Management

This roundtable discussion will address the following questions: Have you created a strategy for your legal department, and if so, what was your process like? How would you succinctly summarize your law department’s strategy? How does your company’s overall corporate strategy for growth and success affect the strategy of the law department? How do you make your law department strategy a living, breathing document that affects decision-making and prioritization within your department? What are the most important objectives and goals in your legal strategy, and how have you decided to measure success? If you have a strategy, have you experienced benefits from implementing it?

6–7 PM

NETWORKING RECEPTION

TUESDAY, OCTOBER 17

7:30–9 AM

BREAKFAST AND PROGRAM: Cultivating Your Network to Support a Career Transition: Search Strategies for In-house CounselCURRICULA: Leadership

See page 27 for more details on this program.

8–9 AM

BREAKFAST








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9–10:30 AM

501 Implementing Value-based Fees: Practical Advice and a Chance to PracticePRESENTED BY THE ASSOCIATION OF CORPORATE COUNSEL

CURRICULA: Contracts & Negotiations, Law Department Management, Legal Operations, Outside Counsel ManagementSKILL LEVEL: Intermediate

Do you want to pay for results, rather than effort or hours? This extended session will examine what value-based fees are (and are not), and why, how, and when you should employ them. Best of all, this session will give attendees the opportunity to participate in a pricing exercise, during which you and your team will negotiate value-based pricing for a piece of legal work, using data and risk analysis. Attend this session to sample the highly acclaimed ACC Legal Service Management Workshop.

PLEASE NOTE: THIS SESSION RUNS FROM 8–10:30 AM. BREAKFAST WILL BE PROVIDED.

502 Compliance, Ethics, and Governance— A Health Care PerspectivePRESENTED BY THE ACC HEALTH LAW AND COMPLIANCE

& ETHICS COMMITTEES

CURRICULA: Compliance, Ethics, Health Law, RegulationSKILL LEVEL: Intermediate

Join the ACC Health Law and Compliance & Ethics Committees in a co-sponsored program to understand the confluence of ethics, compliance, and governance in the health care arena. In an environment where regulators are aggressively seeking to punish individuals as well as their employers, this program will address issues of organizational governance and the essential elements of an effective compliance program and ethical behavior. In addition, when health care compliance issues arise—and they will—health care companies and their counsel often struggle with decisions on if and when to self-report, what and how much to disclose, and whether “cooperation” is actually helping or hurting the company. This program will address these and other related issues through the lens of ethical decision-making and not solely from a legal regulatory perspective.

503 Exploring Ethics at Trial Through FilmPRESENTED BY THE ACC LITIGATION AND COMPLIANCE

& ETHICS COMMITTEES

CURRICULA: Ethics, LitigationSKILL LEVEL: Intermediate

Bring your popcorn and thinking cap. This presentation is sure to be a hit. Exploring Ethics at Trial Through Film will present movie clips from famous court rooms and other film scenes. Following each movie clip the presentation leader will walk the audience through a dialogue concerning the different legal ethical rules that are implicated in the scene. Spoiler alert! Zealous representation, ex parte communications, and issues of moral turpitude will captivate in this thriller production.

504 Practical Tips for Dealing with Legal Ethics and Compliance Issues in International Supply Chain and Agency ArrangementsPRESENTED BY THE ACC INTERNATIONAL LEGAL AFFAIRS COMMITTEE

CURRICULA: Compliance, Contracts & Negotiations, Cross-border/Global, Ethics, RegulationSKILL LEVEL: Intermediate

Governments across the world are increasing laws and regulations on supply chain and procurement transparency. Likewise, governments on a global scale are continuing to enforce sanctions and anti-corruption laws, as well as laws relating to human slavery and trafficking, and conflict minerals. As a result, third-party vendors, suppliers, and agents with whom your company does business may be significant sources of legal ethics and compliance risks. This interactive session will focus on practical tips for managing these risks successfully. Panelists will discuss best practices on topics including: third-party due diligence; provisions that should be included in your third-party contracts; training programs for employees on foreign laws, languages, and cultures; and monitoring and auditing strategies and resources.

505 Antitrust/Competition Law in Disruptive Industries and MarketsPRESENTED BY THE ACC COMPLIANCE & ETHICS COMMITTEE

CURRICULA: Compliance, Corporate & Securities, Cross-border/Global, Mergers & Acquisitions, Regulation, TechnologySKILL LEVEL: Advanced

This session will analyze the government trend of filing anti-competition legal actions against companies that introduce disruptive technologies. By definition, disruptive


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technologies challenge markets and market definitions. In fast-moving tech markets, how does one go about acquiring other companies and creating new products without offending antitrust regulators? How does one identify a market as subject to disruption, and then define that market and its market power? With regards to disruptive technologies, do traditional market definitions and market-power measures stifle innovation, by artificially raising costs and creating regulatory barriers to entry? Panelists will share answers to these questions, and their perspectives on navigating antitrust regulations when seeking growth in disruptive industries and markets.

506 What to Deploy Now: A Candid Discussion About the What, Where, When, and How of Deploying Existing Technologies in Your Legal DepartmentPRESENTED BY THE ACC LAW DEPARTMENT MANAGEMENT COMMITTEE

CURRICULA: Law Department Management, Legal Operations, TechnologySKILL LEVEL: Intermediate

We’ve heard about cutting edge technologies in the legal field, but who is actually using them and how have they been deployed? Rather than focusing on technologies that may or may not deliver results to the legal services industry, join this interactive panel discussion to learn more about technologies that are already producing measurable results for legal teams. This session will also offer actionable advice on how to build a thorough technology plan and overcome hurdles like your law department’s resistance to change, budget limitations, and other real-world challenges.

507 You Make the Call: Test Your Employment Law KnowledgePRESENTED BY THE ACC SPORTS & ENTERTAINMENT COMMITTEE


Keeping up with the dizzying array of employment laws in the US can be challenging even for the most seasoned in-house counsel. In this interactive session, attendees will test their knowledge of employment law using a game-show format, in which they will submit answers through a controller. Questions will involve complex, real-life situations covering a wide range of topics, such as: the Family and Medical Leave Act, wage-and-hour issues, ethics, and the National Labor Relations Act. Attendees will keep their own score and see in real time how their answers stack up against those of in-house counsel peers.

508 Identifying and Contracting with a Cloud Services Provider You Can TrustPRESENTED IN COOPERATION WITH MICROSOFT

CURRICULA: Contracts & Negotiations, Data Privacy & Security, Legal Operations, TechnologySKILL LEVEL: Intermediate

According to the World Economic Forum, we are amidst the Fourth Industrial Revolution—a new era marked by hyper-rapid developments in physical, biological, and digital technology. The essential foundation of all of these developments is cloud computing. In light of the significant risks posed by data loss incidents, it is vitally important to select a provider that legal and business teams can truly trust. Join this session for a discussion of practical strategies and key takeaways to help properly evaluate and contract with a cloud services provider that will meet organizational needs and help keep the company out of the headlines.

509 Advanced Issues in LeasingPRESENTED BY THE ACC REAL ESTATE AND INTERNATIONAL

LEGAL AFFAIRS COMMITTEES

CURRICULA: Contracts & Negotiations, TechnologySKILL LEVEL: Advanced

In this hands-on session, experienced real estate attorneys will discuss and draft advanced lease clauses. Learn about tax clauses (e.g., disparate tenant claims to tax abatements, lender tax escrows, and tax protest funding); common area maintenance and operating expenses (e.g., audit rights, escalation caps, and maintenance versus improvements); exclusivity and restricted-use clauses (e.g., mixed-use challenges, density issues, and subleasing restrictions); and condemnation and indemnification clauses (e.g., material impact, partial abatement of critical use areas, damage award reservation, interplay with insurance policies, and available remedies). This interactive session promises hypothetical scenarios and checklists to engage participants.

510 After the Acquisition: Global Workforce Integration Best Practices to Maximize the Value of the DealPRESENTED IN COOPERATION WITH LITTLER MENDELSON P.C.

CURRICULA: Business Management, Corporate & Securities, Cross-border/Global, Legal Operations, Mergers & AcquisitionsSKILL LEVEL: Advanced

Corporations use mergers and acquisitions as vehicles to acquire new technologies, expand service areas, or accelerate growth in new regions. Nevertheless, there


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is often an under-appreciation and lack of understanding about employee issues that arise during acquisitions, and as a result, executives are often disappointed by the results of these deals. The most successful M&As consider communications, risk assessment, and cultural and legal issues early in the integration process. This session will offer 10 steps to take for successful workforce integration after a merge or acquisition. These steps address alignment of HR policies, programs, and practices, and most importantly, cultural integration.

511 Reboot Your Dusty Old Retention Policy to Cover Electronic InformationPRESENTED BY THE ACC INFORMATION GOVERNANCE COMMITTEE

CURRICULA: Compliance, Information Governance, TechnologySKILL LEVEL: Intermediate

Effective retention policies are the cornerstone of a solid information governance program, but most policies were designed for paper-based records in physical file rooms. Now, more than 95 percent of the documents companies generate are digital. Is it time to rethink your approach to records and information by updating your current policy? Is document auto-classification the information-governance silver bullet? What are modern tactics for hitting the delete button and taking employee emotion out of the retention equation? Join this panel of experts to discover how to implement a modern information governance strategy that will simplify compliance and reduce overall risk.

512 Technology and IP License agreementsPRESENTED BY THE ACC INTELLECTUAL PROPERTY COMMITTEE

CURRICULA: Contracts & Negotiations, Cross-border/Global, Intellectual Property, TechnologySKILL LEVEL: Advanced

This session will host a discussion of the best practices and recent developments in IP and technology licensing, with a focus on how to draft and structure licenses. Topics addressed will include the licensing of technology versus IP (i.e., patents and copyright); trademark licensing to channel and distribution partners and resellers; and the licensing of content and customer/user data. Panelists will discuss legal defaults and key international jurisdictional differences. The discussion will review sample clauses, identify potential pitfalls that licenses can contain, and provide practical advice to avoid unintended consequences and safeguard clients from risk.

10:30–11 AM

BREAK

11 AM–12:30 PM

601 Building Resilience and Grit: Adding to Your Emotional Intelligence ToolkitPRESENTED BY THE ACC LAW DEPARTMENT MANAGEMENT COMMITTEE

CURRICULA: Business Management, Ethics, Leadership, Legal OperationsSKILL LEVEL: Intermediate

Navigating obstacles. Managing stress. Persevering oneself to reach a stretch goal. Our ability to meet these challenges is determined largely by our resilience and grit. Fortunately, these qualities can be developed by learning key skills, several of which panelists will teach you in this entertaining program. In one segment, you’ll be part of a game show highlighting key resilience factors. In another, you’ll participate in two psychological tests designed to stress you out. Panelists of this unique, cutting-edge session will guide you through coping tools, including strategies taught by the US Army as well as explore how to maintain grit for the long-haul, and guide you through the science behind resilience and grit.

602 Global Anti-corruption and Compliance in the Health Care SectorPRESENTED BY THE ACC HEALTH LAW AND INTERNATIONAL LEGAL

AFFAIRS COMMITTEES

CURRICULA: Compliance, Cross-border/Global, Health Law, RegulationSKILL LEVEL: Advanced

The health care industry is increasingly transnational, with patients across the world seeking advanced care options in the US and other destinations. This growing international demand presents health care providers with new patients, new partnerships, and exciting opportunities. Yet it can also expose them to corrupt foreign officials, requests for illegal bribes, and other business practices violating US law. From working with third-party patient aggregators in China, to collaborating with the national health services in Europe and Latin America, the pharmaceutical industry, medical device companies, laboratories, health IT companies, hospitals, and physicians need better strategies to comply with the Foreign Corrupt Practices Act (FCPA) and other laws governing US entities operating overseas. With these requirements in mind, this program will provide crucial








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insights into the FCPA and its foreign equivalents, as well as practical guidance on pursuing a foreign health care partnership while managing legal and reputational risks.

603 Can Arbitration Clauses Save Money?PRESENTED BY THE ACC SMALL LAW DEPARTMENT COMMITTEE

CURRICULA: Alternative Dispute Resolution, Contracts & Negotiations, LitigationSKILL LEVEL: Advanced

At one time, arbitration clauses were thought to be an effective way to save companies money. Is that still the case? This session will look at arbitration clauses and their benefits, as panelists share past experiences and tips on this topic.

604 Employment & Labor Law: A Primer for New In-house PractitionersPRESENTED BY THE ACC EMPLOYMENT & LABOR COMMITTEE

CURRICULA: Compliance, Employment & LaborSKILL LEVEL: Basic

Our panel of experts will cover a wide range of issues that US in-house counsel face on a daily basis. Topics include best practices in hiring and firing, responding to harassment and/or hostile work environment claims, typical wage & hour issues (Fair Labor Standards Act/overtime/exempt vs. non-exempt), Americans with Disabilities Act/Family Medical Leave Act compliance, avoiding co-employment litigation, and LGBT rights.

605 CFPB & HUD’s Oversight of Real Estate Issues— A Regulator’s PerspectivePRESENTED BY THE ACC REAL ESTATE AND FINANCIAL SERVICES

COMMITTEES

CURRICULA: Compliance, Finance, RegulationSKILL LEVEL: Intermediate

This interactive panel discussion with regulators from the Consumer Financial Protection Bureau (CFPB) and US Department of Housing and Urban Development (HUD) will give an overview of the regulatory environment for the real estate industry. Whether you are in-house at a fund that offers financing for loan programs, or at a title company offering escrow services, you will want to hear what this panel has to say. Topics will include regulatory issues surrounding single-family and multi-family housing, as well as regulation of housing assistance programs offered by HUD.

606 Regulatory Turmoil During Trump’s First Year: Providing Advice When US Regulatory Change or Repeal Is Occurring, Imminent, or UncertainPRESENTED BY THE ACC FINANCIAL SERVICES COMMITTEE

CURRICULA: Compliance, Corporate & Securities, Cross-border/Global RegulationSKILL LEVEL: Intermediate

This panel will address regulatory changes during 2017, including what has happened and what will happen next. Specific topics will include: the status of the Dodd-Frank Act, the Department of Labor Fiduciary Rule and whistleblower regulations; development and enforcement activities of the US Securities and Exchange Commission, Consumer Financial Protection Bureau, Foreign Corrupt Practices Act regulators, and bank regulators; ethical issues in a changing regulatory environment; and the impact recent changes have on corporations operating internationally.

607 Integration or Discrimination: The Legal Implications of Mobile WorkspacesPRESENTED BY THE ACC IT, PRIVACY & ECOMMERCE AND

INTERNATIONAL LEGAL AFFAIRS COMMITTEES

CURRICULA: Compliance, Data Privacy & Security, Employment & Labor, Ethics, Information Governance, Regulation, TechnologySKILL LEVEL: Advanced

As more employees are performing work-related functions on personal devices such as smartphones, tablets, and laptops, the line between work and personal time has become increasingly blurry. Attend this session to explore the world of “bring your own device,” employer surveillance, and information risk. Panelists will review critical issues like privacy, discrimination, wage-and-hour violations, workplace surveillance, and other key topics that have never been more in question than they are now. This session will provide a framework for understanding and addressing these legal issues, and knowing when and how to draw the line as an employer and an employee.

608 Uncover the Hidden Potential in “Little Data”PRESENTED IN COOPERATION WITH SEYFARTH SHAW LLP

CURRICULA: Law Department Management, Legal Operations, TechnologySKILL LEVEL: Advanced

While the power and potential of data and data visualization has been well-documented, there often lies a wealth of untapped information at a team’s fingertips. Learn how


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to use everyday technology to identify and collect simple data that can yield powerful insights. These insights can help law departments benefit their business units, and give credibility and invigorated branding to legal departments as strategic partners. This session will explain how to combine the best of little data, big data, and smart thinking so that you can better lead a data-driven department.

609 Deal or No Deal: Negotiating and Drafting International ContractsPRESENTED BY THE ACC INTERNATIONAL LEGAL AFFAIRS COMMITTEE

CURRICULA: Contracts & Negotiations, Cross-border/Global, EthicsSKILL LEVEL: Intermediate

Through role playing and an interactive game-show format, this panel of experienced lawyers will provide practical guidance on how to draft and negotiate international contracts successfully. Panelists will explore contract style differences in Civil Law and Common Law, especially with regards to important terms like liability limitations, indemnities, damages, and governing law. With regards to negotiating, panelists will offer advice on how to tailor your negotiating style to deal successfully with the other side’s style, backgrounds, and objectives; and they will address practical ethical issues that lawyers often face in international negotiations. This session will give you the skills to achieve your company’s desired outcomes while establishing positive, long-term relationships with the parties on the other side of the table.

610 IP Considerations in M&A TransactionsPRESENTED BY THE ACC INTELLECTUAL PROPERTY COMMITTEE

CURRICULA: Contracts & Negotiations, Corporate & Securities, Intellectual Property, Mergers & AcquisitionsSKILL LEVEL: Advanced

The session will provide an overview and analysis of M&A transactions and deal structures, and discuss the role of IP counsel in these transactions. A review of IP due diligence best practices, and the importance of IP due diligence in negotiating and drafting transaction agreements, will be provided. Panelists will discuss drafting considerations and provide sample clauses for IP issues in transaction documents, including: definitions for IP terms, included/excluded assets, indemnity, sufficiency, duration and scope of IP licenses, and grant backs to the seller. Panelists will also analyze assignments and/or novation considerations.

611 Cybersecurity: Cyber Incident Response When You Didn’t Have a PlanPRESENTED BY THE ACC NEW TO IN-HOUSE COMMITTEE

CURRICULA: Compliance, Data Privacy & Security, TechnologySKILL LEVEL: Intermediate

Professionals agree that the best cyber response is based on thorough pre-incident preparation: developing a tailored cyber incident response plan, training employees on their role in cybersecurity, and testing and exercising the plan. However, it doesn’t always work out that way. Sometimes a cyber incident response plan becomes outdated, or relationships with consultants and outside counsel who are part of the plan end. Other times, the creation a detailed cyber incident response plan is on the law department’s to-do list, but is not ready when a cyber incident hits. This session will address available resources and practical tips to help guide businesses through a cyber incident response when they are not starting from an “ideal” place.

612 For-profit and Nonprofit Partnerships and Promotions: What You Need to Know to do Good and Avoid Harming Your BrandPRESENTED BY THE ACC NONPROFIT ORGANIZATIONS COMMITTEE

CURRICULA: Compliance, Contracts & Negotiations, Corporate & Securities Intellectual Property, RegulationSKILL LEVEL: Intermediate

Join us for an advanced look into the key laws and issues relevant to for-profit and nonprofit partnerships, with tips for corporate counsel as well as nonprofit attorneys. We will explore the ins, outs, tricks, and traps found in corporate sponsorships, royalty agreements, CCVs, and promotions, as well as corresponding issues related to disclosures, regulatory filings, and consumer protection laws. With regards to promotions, panelists will also share to how discern whether the promotion is an advertisement, endorsement, or acknowledgement, and why it matters.

CLOSM1 Cybersecurity and Your Board of Directors CURRICULA: Business Management, Data Privacy & Security

This roundtable discussion will address the following topics: Best practices for the board in managing cybersecurity risk; supporting the board in its oversight obligations and risk-mitigation strategy; creating a cybersecurity culture within your organization; frequency and content of reporting to your board on cybersecurity issues; collaborating with your board to establish pre- and post-crisis plans; and protecting attorney-client privilege within your crisis response.








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12:45–2:15 PM

LUNCH AND KEYNOTE PRESENTATIONSee page 25 for more details.

2:30–4 PM

701 AI for Corporate Law Departments: What Is Real Now?PRESENTED IN COOPERATION WITH QUISLEX, INC.

CURRICULA: Contracts & Negotiations, Law Department Management, Legal Operations, Litigation, TechnologySKILL LEVEL: Intermediate

Artificial Intelligence (AI) has been the subject of countless articles, webinars, and panel discussions. Many of these sources focus on explaining what AI technology is and its potential for changing the legal field. There is relatively little information available, however, on how AI technology is currently being used in corporate law departments. This panel, comprised of legal technology experts, senior legal operations professionals, and senior in-house counsel, will describe real-life uses of AI in three areas: legal spend analytics, contract analysis/discovery, and litigation document review. This session will also address how AI can help law departments run more efficiently, and how to overcome challenges involved in implementing AI systems.

702 Business Associate Accountability in US Health Care CompliancePRESENTED BY THE ACC COMPLIANCE & ETHICS AND

HEALTH LAW COMMITTEES

CURRICULA: Compliance, Contracts & Negotiations, Data Privacy & Security, Health Law, Regulation, Technology SKILL LEVEL: Intermediate

Do you know who is ultimately responsible for the safety and security of patient data, especially when it is in the hands of business associates? This program will provide participants with data-safeguard and security-policy best practices, with regards to managing your business associates. Participants will learn how their organizations can prepare for a security incident, and how to respond effectively to a data breach. Lastly, participants will be provided a summary of key concepts and provisions to consider when negotiating a business associate agreement (BAA).

703 Ethics of In-house Pro BonoPRESENTED BY THE PRO BONO INSTITUTE IN COOPERATION WITH

THE ASSOCIATION OF CORPORATE COUNSEL

CURRICULA: Ethics, Law Department Management SKILL LEVEL: Intermediate

Are you concerned about pro bono practice and ethics rules, and/or interested in learning how you and your legal department can engage in providing pro bono legal services? This session will provide an overview of the ethical issues in-house attorneys face when representing clients in pro bono matters in the US, as well as address practical issues related to in-house pro bono. Topics will include administering a pro bono program, managing conflicts (both legal and business), and securing malpractice insurance.

704 Building Your Brand: Yes, it’s All About YouPRESENTED BY THE ACC INTERNATIONAL LEGAL AFFAIRS COMMITTEE

CURRICULA: LeadershipSKILL LEVEL: Intermediate

In today’s competitive business world, successful in-house counsel have “technical” legal expertise and know how to “build their brands” through effective communication and relationship building. Panelists of this interactive workshop session will: help you develop and project an image that is both “true to you” and has maximum impact; show you techniques, such as the Insight® Discover color model, which will help you “speed read” the motivations and behaviors of other people; and provide practical tips on communicating persuasively with your colleagues, bosses, and business people to get their buy-in and achieve best results. Attending this session will give you strategies and tools for developing your career “game plan,” building a robust network and a strong reputation, dealing with office politics, communicating effectively, and achieving personal development and career success.








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705 Ethics and Compliance Training on a BudgetPRESENTED BY THE ACC SMALL LAW DEPARTMENT COMMITTEE

CURRICULA: Compliance, Cross-border/Global, Law Department ManagementSKILL LEVEL: Intermediate

This session will offer best practices for providing ethics and compliance training with limited resources and a geographically diverse employee population. Panelists will address the pros and cons of online training programs, the best methods to enhance or supplement online training, and when in-person training should be conducted. Ethics and compliance training pitfalls, cautions, and successful techniques will all be explored.

706 Everything You Always Wanted to Know About eSportsPRESENTED BY THE ACC SPORTS & ENTERTAINMENT COMMITTEE

CURRICULA: Cross-border/Global, Regulation, TechnologySKILL LEVEL: Intermediate

Some 205 million people watched or played eSports (competitive video gaming) in 2014, according to the market research firm Newzoo. Audiences at eSport tournaments now rival those at large live sporting events: Popular midweek livestreams garner audiences in excess of more than 100,000 online viewers. As companies clamor to become corporate partners and sponsors of eSport tournaments and organizations, in-house counsel are faced with a myriad of never before asked questions and issues: What are eSports? How are they regulated, both in the US and around the world? What type of sponsorship opportunities exist or could be developed for brands? What are the biggest risks in associating with eSports? Join a panel of a lawyers to discuss current best practices in an industry that is reportedly growing its North American fan base by 21 percent each year.

707 Managing Global Labor and Employment Law MattersPRESENTED IN COOPERATION WITH JACKSON LEWIS P.C.

CURRICULA: Cross-border/Global, Employment & Labor, Law Department Management, Outside Counsel Management SKILL LEVEL: Intermediate

General counsel are increasingly expected to provide support on issues affecting headquarters and major operating locations, as well as manage global legal matters, such as: achieving consistent quality in outside legal support, providing internal centers of excellence, driving cost control and efficiencies, and ensuring timely reporting

to management. Yet labor and employment law matters are often distinctively local in origin, handled by managers, HR personnel, and counsel who may not see the need for headquarters or regional legal involvement. How does the law department add value when dealing with these important but diverse matters on a global scale, without adding layers of approval; delaying timely resolution; duplicating effort; and creating confusion or “turf battles” between headquarters and local operations, or between the law department and HR? This session’s panel will use hypothetical scenarios to discuss structures and approaches for managing global workplace law issues.

708 Defending the Front Line: Your Role in Domestic and International ArbitrationsPRESENTED IN COOPERATION WITH BLAKE, CASSELS & GRAYDON LLP

CURRICULA: Alternative Dispute Resolution, Cross-border/Global, LitigationSKILL LEVEL: Intermediate

On the front line of resolving commercial disputes, in-house counsel are critical in all aspects of managing domestic and international arbitrations: from agreeing to arbitration as a potentially optimal method for dispute resolution, to a hearing and/or settlement. With that responsibility comes accountability to the company, management, board of directors, and other stakeholders for the successful conduct of the arbitration. This program will discuss decisions that need to be made before and during each stage of an arbitration. Canadian and US panelists will address: risk analysis and selection of arbitration as a dispute resolution mechanism, internal organization and preparation, outside counsel selection, arbitrator selection, arbitration strategy and process, as well as other key considerations. Participants will leave with tips for faster and more effective arbitrations.

709 Foolproof RFPs to Get the Legal Services You WantPRESENTED IN COOPERATION WITH GOWLING WLG

CURRICULA: Contracts & Negotiations, Cross-border/Global, Law Department Management, Legal Operations, Outside Counsel Management SKILL LEVEL: Intermediate

Request for Proposals (RFPs) are becoming a popular tool for in-house legal departments that face pressure to justify their “spend” on external counsel. This session offers practical tips for designing a legal services RFP that will get the results you need. Using audience polling and a mock drafting session, this experienced panel—including lawyers

who have issued RFPs and lawyers who have responded to them—will take the audience through the process of creating an effective RFP for legal services. Panelists will share the good, bad, and ugly components of RFPs and what they’ve learned through experience. Participants will receive sample questions and checklists to create their own RFPs when they are back in the office, as well as a brief overview of the procurement laws in North America and Europe.

710 The Latest Trends in M&A Drafting: What Do Recent Transactions Tell Us About Developments in Deal-making?PRESENTED IN COOPERATION WITH BLOOMBERG LAW

CURRICULA: Contracts & Negotiations, Cross-border/Global, Data Privacy & Security, Mergers & AcquisitionsSKILL LEVEL: Advanced

As more transactional work moves in-house, this panel will focus on trends in drafting M&A agreements. Particular attention will be placed on clauses related to data breaches and privacy; how parties address the issue of data breaches in acquisition agreements; clauses related to appraisal rights; and clauses related to the Committee on Foreign Investment in the United States (CFIUS). This session will analyze how Yahoo’s data breach came to light only after the company reached an agreement to be acquired by Verizon, as well as the Delaware General Corporation Law, which was amended in August 2016 to address the issue of appraisal arbitrage. Likewise, panelists will highlight how an increased number of international deals are coming under CFIUS review. Resources provided to attendees will include drafting guides, checklists, and more.

711 “Gone Phishing?” Protecting Your Company from HackersPRESENTED BY THE ACC IT, PRIVACY & ECOMMERCE COMMITTEE

CURRICULA: Business Management, Compliance, Data Privacy & Security, TechnologySKILL LEVEL: Advanced

This roundtable discussion, featuring technical security experts and in-house counsel, will explore the mindset of hackers. The following questions will be addressed: What do hackers look for to hack information systems? How can attorneys best communicate these principles and risk areas to upper management? What are best practices for developing internal policies and procedures that prevent and address hacking?

712 Hot Topics in Copyright LawPRESENTED BY THE ACC INTELLECTUAL PROPERTY COMMITTEE

CURRICULA: Intellectual Property, TechnologySKILL LEVEL: Intermediate

This session will provide a review and analysis of major recent cases and trends in copyright law, with particular emphasis on how they impact in-house practice. Panelists will address recent developments in copyright law and enforcement challenges, including a review of fair use and public domain, trends in licensing and distribution, terminating grants, enforcement of copyrights online and across platforms, and fighting copyright trolls.

CLOSM2 Using Legal Technology Tools to Increase Productivity CURRICULA: Law Department Management, Technology

This roundtable discussion will address the following questions: What legal technology tools do you find most helpful in managing your workload and why? What challenges did you face in selecting and implementing the solutions that you have in place (e.g., matter management, e-billing, document management, project management, cloud-based solutions, etc.)? Have the solutions that you implemented improved your ability to serve your clients and manage your function? Did you experience cost savings? What resources or recommendations would you offer to others embarking on the implementation of major legal technology solutions?

4–4:30 PM

BREAK

4:30–6 PM

801 Bridging Generational Gaps: How to Reveal and Deal with Implicit BiasPRESENTED BY THE ACC LAW DEPARTMENT MANAGEMENT COMMITTEE

CURRICULA: Business Management, Employment & Labor, Law Department Management, Leadership, Legal OperationsSKILL LEVEL: Intermediate

In today’s workplace, there are five generations working side by side. While there is great variety in each generation, similar values, attitudes, and preferences are prevalent in each age cohort. When managing different generations we








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must be aware of and address our implicit biases. Implicit bias refers to the attitudes or stereotypes that affect our understanding, actions, and decisions in an unconscious manner. In this interactive discussion, we will unravel the implicit nature of these generational biases and identify tools and techniques for dealing with them.

802 We Can Handle the Truth: Let’s Meet the US Health Law EnforcersPRESENTED BY THE ACC HEALTH LAW COMMITTEE

CURRICULA: Compliance, Health Law, RegulationSKILL LEVEL: Intermediate

We’re in Washington, D.C., and there is no better place to meet the enforcers than on their turf. Join this session to hear how US federal and state regulatory authorities continue to prioritize the elimination of fraud, waste, and abuse in the health care sector. In recent years, health care fraud and prevention efforts initiated by federal and state agencies have resulted in record-breaking monetary recoveries and other sanctions. In this program, attendees will have the opportunity to learn from individuals directly involved with prosecuting and enforcing recent initiatives to reduce fraud and abuse in health care.

803 An Overview of US Nonprofit Law and Practice PointersPRESENTED BY THE ACC NONPROFIT ORGANIZATIONS COMMITTEE

CURRICULA: Contracts & Negotiations, Corporate & Securities, LeadershipSKILL LEVEL: Intermediate

Are you on a nonprofit board or new to the nonprofit world? In this session, an experienced panel of top nonprofit general counsel will provide an overview of nonprofit law, and the unique issues attorneys and nonprofit boards need to know. Panelists will provide advice on how to avoid common missteps, and will cover topics such as: solicitation language, disclosures, donor intent laws, nonprofit tax law basics, 990s, private inurement, mission-related activities, conflicts of interest, commercial co-ventures, professional fundraisers, privacy, sponsorships versus endorsements, donation matches versus donation challenges, and more.

804 One Size Does Not Fit All: Best Practices for Using Contract Templates and Implementing Standard Policies in Multinational CompaniesPRESENTED BY THE ACC INTERNATIONAL LEGAL AFFAIRS COMMITTEE

CURRICULA: Contracts & Negotiations, Cross-border/Global, Legal OperationsSKILL LEVEL: Advanced

This interactive panel of experienced international lawyers will discuss best practices for multi-jurisdictional use of contract templates, and the implementation of standard company policies. This session will explore the following topics: contract preparation for multiple jurisdictions, using electronic and other contract templates; the attendant contract review and approval processes; and efficient and effective processes for adapting standard company policies to local laws and cultural norms.

805 Public-private Partnerships: A Messy Handshake? Fear, Trust, and Value in Working with the Government PRESENTED BY THE ACC IT, PRIVACY & ECOMMERCE COMMITTEE

CURRICULA: Business Management, Compliance, Data Privacy & Security, RegulationSKILL LEVEL: Basic

Public-private partnerships are a hot topic of late. What are the barriers and risks in-house counsel face in pursuing working relationships with law enforcement and regulators (especially in the areas of information security and technology)? What ROI do such relationships afford companies? What does the government hope to achieve by fostering relationships with the private sector? In this session, in-house counsel and government representatives will share tips and tricks for developing and maintaining mutually successful public-private partnerships.

806 US Federal Anti-money Laundering Enforcement for the Non-compliance Attorney or General CounselPRESENTED BY THE ACC COMPLIANCE & ETHICS COMMITTEE

CURRICULA: Compliance, Finance, RegulationSKILL LEVEL: Basic

Federal regulators are imposing multi-million dollar fines and penalties on banks and other financial institutions for lapses in AML controls. Panelists will discuss the background of AML to assist with issue spotting; identify the regulators of the various industries being scrutinized; provide a basic AML compliance program outline for all industries; discuss the potential for personal liability; and call attention to recent enforcement actions, and why they are unlikely to go away regardless of who is in the White House. Attendees should


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end the session with a basic understanding of federal AML expectations and how these expectations could impact their companies. They will also be ready to call attention to a problem before the regulators arrive.

807 The Nuts and Bolts of a Successful Response to a State Attorney General Inquiry in the USPRESENTED IN COOPERATION WITH COZEN O’CONNOR

CURRICULA: Compliance, Law Department Management, Litigation, Regulation SKILL LEVEL: Intermediate

Although managing government investigations is often part of the in-house counsel role, successfully tackling a subpoena from a state AG in the US presents special considerations. The approach can’t simply mirror a response to a federal regulator, as a request from a state AG—much less a multi-state group of state AGs—includes varied and nuanced elements that must be carefully treated and considered. This session will examine how in-house counsel can address complex and potentially conflicting state laws, including nuances in consumer protection and state Freedom of Information Act laws. It will also address strategic and policy-related aspects unique to state AGs, and provide practical advice for corporate counsel who find themselves confronted by a multi-state AG investigation. This panel will include a senior in-house counsel responsible for compliance and an assistant AG.

808 Small Companies Facing Big LitigationPRESENTED BY THE ACC SMALL LAW DEPARTMENT COMMITTEE

CURRICULA: LitigationSKILL LEVEL: Basic

You are a corporate generalist at a small company. Your company is, for the first time, a defendant in a significant litigation matter. You have handled minor litigation matters in the past, but nothing on this scale, and you don’t have in-house litigation support. Your management team is stressing out over the claim, and their focus on the business is lagging. Your employees are worried about job security if the litigation ends badly. Your investors and lenders are calling and wanting your view on the company’s chances. You have been thrust into the role of crisis manager. This session’s panelists will share their experiences managing big litigation at a small company, and offer insight into how to provide legal and business advice in such a situation. Panelists will also discuss steps that in-house counsel can take now to be prepared for big litigation.

809 Key Issues in Negotiating and Drafting Subscription Services AgreementsPRESENTED BY THE ACC INTELLECTUAL PROPERTY COMMITTEE

CURRICULA: Contracts & Negotiations, Cross-border/Global, Data Privacy & Security, Information Governance, Intellectual Property, TechnologySKILL LEVEL: Intermediate

In this session, panelists will discuss best practices and recent trends in “software as a service” (SAAS) contracting and hosted services. They will analyze IP issues and considerations in the context of subscription agreements for cloud and platform services, and hosted solutions, both from the customer and supplier perspectives. Topics addressed will include cross-border data transfer, protection and use of customer data, affiliate use, various commercial models, and more. This panel of experts will provide practical advice on key clauses and terms found in SAAS contracts, including an analysis of the plain meaning and impact of common obligations and responsibilities found in these agreements.

810 Ethical Issues in M&A TransactionsPRESENTED BY THE ACC CORPORATE & SECURITIES COMMITTEE

CURRICULA: Contracts & Negotiations, Corporate & Securities, Ethics, Mergers & AcquisitionsSKILL LEVEL: Intermediate

This session will examine and provide practical advice on how to handle uncomfortable, frustrating, and ethically murky situations that in-house counsel encounter during M&A transactions. The Rules of Professional Conduct (RPC) are less than clear and don’t necessarily apply when it comes to intense negotiations in the M&A context. This session will review the RPC and address the following issues: how to handle difficult disclosure questions relating to contingent liabilities, confidential and privileged information, do’s and don’ts for running an auction process, and navigating conflicts of interest between management and the company as a transaction moves forward.

811 Bet-the-company Litigation: When the Insurer Won’t SettlePRESENTED IN COOPERATION WITH BARNES & THORNBURG LLP

CURRICULA: LitigationSKILL LEVEL: Intermediate

Consider this nightmare scenario: A bet-the-company lawsuit alleges damages exceeding insurance limits, and the carrier won’t settle, believing it can win at trial. This program dramatizes the final mediation in such a case, with characters


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played by ACC members. The insurance adjuster will want to try the case, the defense counsel will think he can win at trial, the risk manager will fear the carrier will cancel the policy, and the insurance recovery counsel will fear that an excess judgment will sink his client. Act 1 will feature a panel discussion illustrating the dispute, moderated by a mediator. Act 2 will feature a Q&A between audience volunteers acting as corporate counsel (they will be given sample questions) and the panel. This Q&A will aid in developing a strategy for settling the case with insurer money.

812 To Catch a Cyber Thief: A Case Study in Pursuing and Stopping International Misappropriation of Confidential Information, Proprietary Business Data, and Trade SecretsPRESENTED IN COOPERATION WITH FORDHARRISON LLP

CURRICULA: Cross-border/Global, Data Privacy & Security, Intellectual PropertySKILL LEVEL: Intermediate

It is estimated that trade-secret theft costs the US economy $300 billion a year. According to the International Chamber of Commerce, federal cases alleging trade secret theft doubled between 1995 and 2004, and will double again by this year. Against this backdrop, our panel will break down a true crime story involving the unauthorized access and misuse of US-based corporate data, which passed from country to country and came back again. Panelists will discuss addressing misconduct in the US and in the countries where their companies operate.

CLOSM3 Social Media Risks and Practical Tips CURRICULA: Information Governance, Technology

This roundtable discussion will address the following questions: What risks and rewards of corporate social media use has your organization experienced? What types of social media has your organization used to reach its customer base, and what types of legal challenges have arisen as a result? What documents have you developed (i.e., guidelines, policies, waivers, etc.) to deal with social media use, with regards to corporate accounts and employees’ personal accounts? Does your HR department review prospective employees’ social media presence as a part of its hiring process, and if so, have any issues arisen as a result? If your company uses an internal social media network, have you had to search or disclose its contents as relevant records in litigation? What advice is given to employees in this regard?

6–7 PM

NETWORKING RECEPTION

WEDNESDAY, OCTOBER 18

7:30–9 AM

BREAKFAST AND PROGRAM: Supporting the Strategic-asset Board in Disruptive TimesCURRICULA: Law Department Management, Leadership

See page 27 for more details on this program.

8–9 AM

BREAKFAST

9–10:30 AM

901 ACC Regulator Session: Corporate Compliance and EnforcementCURRICULA: Compliance, RegulationSKILL LEVEL: Intermediate

Senior staff from the US Department of Justice will discuss the current state of corporate compliance and enforcement with in-house and outside counsel panelists. Topics will include recent prosecutions, top enforcement priorities, and where the agency is looking to in the future.

902 ACC Regulator Session: Employment and Labor LawPRESENTED BY THE ACC EMPLOYMENT & LABOR COMMITTEE IN

COOPERATION WITH OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.


Senior staff from the US Equal Employment Opportunity Commission and National Labor Relations Board will discuss the current state of employment and labor law with in-house and outside counsel panelists. Topics will include recent guidance, top regulatory and enforcement priorities, and where the agencies are looking to in the future.








24

903 Business Education for In-house Counsel: Part IPRESENTED BY THE ASSOCIATION OF CORPORATE COUNSEL

CURRICULA: Business ManagementSKILL LEVEL: Intermediate

Successful corporate counsel are not just expected to be superb lawyers, but astute business partners as well. This session will aid you in developing the business acumen you need to succeed in your role and ascend the ranks within your organization.

10:30–11 AM

BREAK

11 AM–12:30 PM

1001 ACC Regulator Session: International Data PrivacyPRESENTED IN COOPERATION WITH PERKINS COIE LLP

CURRICULA: Compliance, Cross-border/Global, Data Privacy & Security, Legal Operations, RegulationSKILL LEVEL: Intermediate

Senior staff from the US Department of Commerce along with international data privacy regulators will discuss the current state of data privacy law with in-house and outside

counsel panelists. Topics will include recent guidance, top regulatory and enforcement priorities, and where the agency is looking to in the future.

1002 ACC Regulator Session: Securities LawCURRICULA: Compliance, Corporate & Securities, RegulationSKILL LEVEL: Intermediate

Senior US Securities and Exchange Commission staff members will discuss the current state of securities law with in-house and outside counsel panelists. Topics will include recent guidance, top regulatory and enforcement priorities, and where the agency is looking to in the future.

1003 Business Education for In-house Counsel: Part IIPRESENTED BY THE ASSOCIATION OF CORPORATE COUNSEL

CURRICULA: Business Management, LeadershipSKILL LEVEL: Intermediate

Successful corporate counsel are not just expected to be superb lawyers, but astute business partners as well. This session will aid you in developing the business acumen you need to succeed in your role and ascend the ranks within your organization.







PROGRAM DETAILSAM.ACC.COM

25

NEW IN 2017! OPENING PLENARY

Monday, October 16, 8:30–9:45 AM

Featured Speaker: Don Tapscott, CEO, The Tapscott Group

This year, we kick off the Annual Meeting with a timely presentation by best-selling author and the world’s leading authority on blockchain and other disruptive technologies, Don Tapscott. Hear how all over the world, in every sector of industry, old models of success are breaking down. The old top-down

approach is giving way to a new bottom-up model. Find out how this new order is transforming the corporate legal landscape.

LUNCH AND KEYNOTE PRESENTATION

Tuesday, October 17, 12:45–2:15 PM

Featured Speaker: Brad Smith, President and Chief Legal Officer, Microsoft

These keynote events will sell-out quickly. Reserve your seat. Register today.

NEW IN 2017! MEET THE REGULATORS

Wednesday, October 18, 9 AM–12:30 PM

Thank You to Our Regulator Day Sponsor

With this year’s meeting in Washington, DC, we have an unprecedented opportunity to parlay ACC connections into a series of in-depth, practical discussions with top regulators from the US Equal Employment Opportunity Commission, National Labor Relations Board, US Department of Commerce, US Department of Justice, and US Securities and Exchange Commission.

Don’t miss this unique chance to hear directly from the sources on recent guidance, top regulatory and enforcement priorities, and where the agencies are looking to in the future. Take advantage of the opportunity to “meet” the regulators during the following Annual meeting sessions:

9–10:30 AM

• 901 – ACC Regulator Session: Corporate Compliance and Enforcement

• 902 – ACC Regulator Session: Employment and Labor Law

11 AM–12:30 PM

• 1001 – ACC Regulator Session: International Data Privacy

• 1002 – ACC Regulator Session: Securities Law

See pages 23–24 for more details on these regulator sessions.

Thank You to Our Regulator Session Gold Sponsors: Ogletree, Deakins, Nash, Smoak & Stewart, P.C.Perkins Coie LLP

MEETING HIGHLIGHTSWWW.ACC.COM/AM17DC

25


26 MEETING HIGHLIGHTS2017 ACC ANNUAL MEETING WASHINGTON DC | OCTOBER 15–18 | WHERE IN-HOUSE COUNSEL CONNECT

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CLO CLUBMonday, October 16 and Tuesday, October 17

ACC is pleased to announce the CLO Club at the 2017 ACC Annual Meeting. With sessions and events designed for the Chief Legal Officer, the CLO Club provides exclusive networking opportunities and executive-level education.

The ACC CLO Club features a series of roundtable discussions, one set for CLOs from small/medium legal departments (1–8 attorneys); and another set for CLOs from larger legal departments (9+ attorneys).

Open only to the organization’s highest ranking legal officer, the CLO Club comprises a series of three 90-minute interactive roundtable discussions. A fellow CLO will facilitate the discussion, providing you with the opportunity to benchmark and network with your peers at leading companies. Roundtables are highly interactive small group discussions enabling CLOs to share their company’s best practices and strategize together on today’s most challenging corporate issues.

MONDAY, OCTOBER 16

Large (9+ attorneys) CLO Club Roundtables

•11:45AM–1:15PM: CLOLL1: Talent Management and Succession Planning

•2:30–4PM: CLOLL2: Government Affairs and the General Counsel

•4:30–6PM: CLOLL3: Aligning Your Law Department’s Strategy with Your Corporate Strategy

CLO Club Reception•7:15–9PM – for all CLOs

(by private invitation)

TUESDAY, OCTOBER 17

Small/Medium (1-8 attorneys) CLO Club Roundtables

•11AM–12:30PM: CLOSM1: Cybersecurity and Your Board of Directors

•2:30–4PM: CLOSM2: Using Legal Technology Tools to Increase Productivity

•4:30–6PM: CLOSM3: Social Media Risks and Practical Tips

Detailed descriptions for the CLO Club sessions can be found in the Program Details (pages 2–24).

Note: Space is limited and participation is pending eligibility and approval. Register now for the Annual Meeting and indicate your interest in exclusive, CLO-only programs. Contact Justin Connor, Director of CLO Services, at [email protected] for more information.

ACC will apply for CLE/CPD credit for CLO Club sessions, however, credit awards are based on approval by individual jurisdictions and thus cannot be guaranteed.

Session CurriculaNEW this year! Creating your personalized Annual Meeting schedule has never been easier. This year we have identified specific curricula relevant to each Annual Meeting session. Not only can that information be found below each session title in the Program Details section of this booklet (pages 2-24), but you can also search the online program schedule based on desired curricula. Visit www.acc.com/AM17DC to view the countless ways in which you can choose from over 100 sessions to create your custom schedule and make the most of your Annual Meeting experience.

Ethics & Specialty CreditNeed ethics or other specialty credits to satisfy your CLE/CPD requirements? Sessions that will be submitted to jurisdictions for ethics credit approval are identified by and look for the to identify sessions submitted for specialty credits* on the Program at-a-Glance and in the Program Details.

ACC will also apply for CCB CEUs (CCEP certification) and CPE (CIPP certification). Please note, credit awards are based on individual jurisdiction approval and are not guaranteed.

* Specialty credit includes Professional

Responsibility, Transitional,

Professionalism, Trial Practice,

Malpractice, Elimination of Bias and

Substance Abuse


27MEETING HIGHLIGHTSWWW.ACC.COM/AM17DC

27

IN-HOUSE PRO BONO AT THE ACC ANNUAL MEETINGAt this year’s Annual Meeting, Corporate Pro Bono (CPBO), the global partnership project of PBI and Pro Bono Institute, will host the following events focused on in-house pro bono:

Training to Co-Host Clinic in a Box® Program Sunday, October 15, 3–4:30 PM

Attend this session to receive detailed instructions from CPBO for ACC chapters or legal departments interested in co-hosting a Clinic in a Box® program, a half-day legal clinic during which in-house counsel and colleagues advise nonprofits or small businesses. For info about the Clinic in a Box® program, see www.cpbo.org/clinic. Please note that there is a separate fee for this training and registration is required by September 1. Indicate your interest in participating on the ACC Annual Meeting registration form and CPBO will provide additional information.

Clinic in a Box® ProgramMonday, October 16, 8:30 AM–1:15 PM

Volunteer to provide pro bono legal services to nonprofit organizations. After receiving training from law firm specialists, participants work in teams to provide assistance to representatives of nonprofits. Training materials and client assignments are provided in advance. Please indicate your interest in participating on the ACC Annual Meeting registration form by September 15 and CPBO will provide additional information. Registration is open to all ACC Annual Meeting attendees.

Session 703: Ethics of In-house Pro BonoTuesday, October 17, 2:30–4 PM

Are you concerned about pro bono practice and ethics rules, and/or interested in learning how you and your legal department can engage in providing pro bono legal services? This session will provide an overview of the ethical issues in-house attorneys face when representing clients in pro bono matters in the US, as well as address practical issues related to in-house pro bono. Topics will include administering a pro bono program, managing conflicts (both legal and business), and securing malpractice insurance.

CPBO’s Booth in the Exhibit HallStop by the CPBO booth to see new resources and chat with the CPBO team.

BREAKFAST AND PROGRAM

Cultivating Your Network to Support a Career Transition: Search Strategies for In-house CounselTuesday, October 17 | 7:30–9 AM

Whether you are unemployed and seeking a new in-house position, contemplating a career transition, or looking to make a lateral move within your organization, the breadth and scope of your relationships and the strength of your network can make a difference as to whether you can secure that next position or get lost in the process. Attend this panel discussion for actionable and practical advice from a panel of in-house counsel who have recently engaged in career transitions. The panel will discuss tips and strategies used to build a network including the use of a personal board of directors. Learner outcomes include: understanding what makes a personal network powerful and its referral potential; six degrees of separation principle; effective ways to strategically network with others; best places and ways to build a strategic network; and tips, tools, and techniques used by other in-house counsel.

BREAKFAST AND PROGRAM

Supporting the Strategic-asset Board in Disruptive Times Wednesday, October 18 | 7:30–9 AM

Long-term value creation and successfully leading through disruption are contingent upon having the right mix of skills, expertise, and perspectives around the table. It also means knowing how to have productive discussions and effectively handle dissent. Creating a strategic-asset board begins with understanding and overcoming unconscious bias, fostering healthy debate, and separating the evaluation and renomination processes. Directors discuss these key efforts in the context of what the nominating and governance committee should look for when mapping board composition to long-term strategy, onboarding keys to success, fostering healthy dialogue, and how to gently and effectively offboard directors whose skills may no longer be a fit with longer-term strategy.


28 NETWORKING2017 ACC ANNUAL MEETING WASHINGTON DC | OCTOBER 15–18 | WHERE IN-HOUSE COUNSEL CONNECT

28

Just for New Members and First-time Attendees!Monday, October 16, 7:30–8:30 AM

Are you new to ACC? Is this your first ACC Annual Meeting? If the answer is “yes” to either of these questions, you should attend this informal new member/first-time attendee orientation. Join your peers for breakfast, hear from ACC leaders on member benefits, view a live demonstration of ACC’s online resources, and share the first time attendee experience with other in-house practitioners. To receive more information on this event, check the appropriate box on your registration form. This event is for ACC members only. Questions should be directed to Sara Miller, Senior Director of Membership Operations, at +1 202.293.4103 x357 or [email protected].

Women in the House (WITH) Breakfasts

The ACC Foundation’s Women in the House Initiative will host a breakfast meeting on both Tuesday and Wednesday to foster networking and help ACC members develop their careers. Tuesday’s gathering will feature a a fireside chat on the strengths that women bring to the workplace and can leverage to become general counsel and other law department leaders. Wednesday’s meeting will feature table topics with one rotation on topics essential to advance your career: informal leadership, negotiating strategies, choosing a new career path, and more.

Corporate Counsel Classic Golf, Spa, and Networking EventSaturday, October 14

This world-class event provides excellent networking opportunities while playing golf on a professional caliber golf course, experiencing holistically authentic wellness activities, and actively engaging at the always lively evening awards networking reception—all before the ACC Annual Meeting!

Registrations for the networking reception are still being accepted. There is currently a wait-list for both the golf and spa portions of the event.

Advance registration is required. As in-house counsel, your registration to these events is complimentary. To register, please contact Jen Chen, Director of the ACC Foundation, at [email protected] or +1 202.677.4772.

Additional details, including the full schedule, are available at http://tinyurl.com/2017Classic


29NETWORKINGWWW.ACC.COM/AM17DC

29

COMMITTEE BUSINESS MEETINGS

All ACC members are invited! You don’t have to be a committee member to attend and attendance doesn’t mean you have to make a time commitment. Participation in ACC Committees offers an opportunity to benchmark with peers and recognized industry leaders. We encourage you to attend any of the committee business breakfast or lunch meetings to learn more about the broad range of activities offered. These meetings, limited to ACC members, also present an opportunity to participate in planning future Annual Meeting programming.

Monday, October 16, 7–8:20 AM• Corporate & Securities • Litigation

Monday, October 16, 1:15–2:30 PM• Compliance and Ethics• Employment & Labor• Environmental & Sustainability• Financial Services• Health Law• Information Governance• International Legal Affairs• Law Department Management• New to In-house• Real Estate

Tuesday, October 17, 7:15–8:45 AM• Insurance Staff Counsel• IT, Privacy, and eCommerce• Sports & Entertainment

Tuesday, October 17, 12:45–2:15 PM• Energy• Intellectual Property• Nonprofit Organizations• Small Law Department

DESTINATION: ACC EXHIBIT HALLThe ACC Exhibit Hall provides countless networking opportunities. Get to know your peers via the below areas within the exhibit hall.

ACC BoothMake time in your schedule to visit the ACC Booth and connect with fellow members and ACC staff. Pick up practical resources while making valuable connections.

ACC Classroom Join other in-house counsel in the ACC Classroom to network before and after viewing live tutorials and demonstrations on the latest offerings, services, and industry technology from ACC Alliance Partners and Exhibitors. See the onsite program guide for topic listing and schedule.

Networking LunchMonday, October 16, 1:15–2:30 PM

This lunch is all about choice. Pickup lunch at your convenience and meet up with existing friends and colleagues or make new contacts. Use this time to help you achieve your specific meeting goals. Tip: Remember to have plenty of business cards with you.

OTHER NETWORKING OPPORTUNITIES AT THE ANNUAL MEETING

• In session rooms – before and after the program• ACC Annual Meeting hotels – in the common areas (lobby and/or coffee shop)• Nightly events – hosted by ACC chapters, committees, and

Annual Meeting sponsors

Receptions

Sunday, October 15, 5:30–7 PMMonday, October 16, 6–7 PMTuesday, October 17, 6–7 PM

Join us each evening in the Exhibit Hall for an opportunity to meet and chat with your peers, find solutions from law firms and legal service providers, and enjoy drinks and hors d’oeuvres.


30 JUST THE FACTS2017 ACC ANNUAL MEETING WASHINGTON DC | OCTOBER 15–18 | WHERE IN-HOUSE COUNSEL CONNECT

30

Meeting LocationAll program sessions associated with the 2017 ACC Annual Meeting will take place at the Walter E. Washington Convention Center (801 Mt. Vernon Place, NW, Washington, DC 20001).

General Schedule(Subject to change)

Sunday, October 155:30–7 PM Welcome Reception

Monday, October 167:30–8:30 AM Breakfast8:30 AM–6 PM Educational Programs1:15–2:30 PM Lunch 6–7 PM Reception

Tuesday, October 178–9 AM Breakfast9 AM–6 PM Educational Programs12:45–2:15 PM Lunch 6–7 PM Reception

Wednesday, October 188–9 AM Breakfast9 AM–12:30 PM Educational Programs

Onsite Registration HoursAll Annual Meeting attendees must check-in onsite at the registration desk located on level two of the Walter E. Washington Convention Center. Registration will be open during the following hours of operation:

Sunday, October 15 4–7 PMMonday, October 16 7 AM–7 PMTuesday, October 17 8 AM–7 PMWednesday, October 18 8 AM–12 PM

Sponsor ExhibitsMeet the representatives of legal product vendors, outside counsel, and other service providers from around the world. Learn about what they can do for you, your clients, and your legal department.

Sunday, October 15 5:30–7 PMMonday, October 16 8 AM–7 PMTuesday, October 17 8 AM–7 PMWednesday, October 18 8–11 AM

Are you on Twitter?

If so, use #ACCAM17 and follow us at @ACCinhouse and stay tuned for more news, information and updates on this year’s Annual Meeting.

Dress CodeRelax. At this meeting, the dress code is casual. Be comfortable while you attend sessions, network with peers, and explore the exhibit hall.

Program ChangesWe work very hard to assemble top-notch and cohesive educational programs. However, despite our best efforts, the faculty and program scheduling process can be fairly fluid. Unanticipated or last minute changes to the program are common. Speakers may cancel without sufficient notice to allow us to secure a substitute. We will do our best to avoid these inconveniences. For the most up-to-date program and faculty listing, we encourage you to regularly visit the online program schedule at www.acc.com/AM17DC.

Continuing Education CreditsVisit www.acc.com/AM17DC for updates on CLE, CPD, CCB, and CPE credits. Advanced notice of credit awards by jurisdiction are expected late summer. Questions may be directed to +1 202.293.4103 x820 or [email protected].

The ACC AllianceThe ACC Alliance program is a select group of business partners that can help you save time, money, and effort. Offering exclusive benefits and savings, ACC Alliance companies offer a broad range of products and services tailored to the needs of in-house counsel. A complete list of Alliance partners can be found on the back cover. Be sure to visit the Alliance partners onsite at the Annual Meeting to complete an ACC Alliance game card and be entered to win a prize!

Find out more at www.acc.com/alliance.

Future Annual Meeting Dates

2018October 21–24Austin, TX

2019October 27–30Phoenix, AZ

2020October 13–16Philadelphia, PA

AVOID THE MONDAY MORNING REGISTRATION CHECK-IN RUSH!Stop by on Sunday afternoon to pick up your materials. Then, stay for the opening reception where you can explore the exhibit hall and network with your peers.


31REGISTRATION WWW.ACC.COM/AM17DC

31

Registration DetailsRegistration is limited to in-house counsel and includes courses, course materials and scheduled meals/receptions. It does not include housing, travel or personal expenses.

Rates

FULL CONFERENCE REGISTRATION

RATE TYPE REGISTER BYACC MEMBER

RATE

ACC NONMEMBER

RATE*

RegularRegistration Sept.13 $1,725 $2,060

LastChanceRegistration Oct.18 $1,825 $2,160

*Includesone-yearACCmembership;ACCmembershipeligibilityrulesapply

SINGLE DAY REGISTRATION

MEMBER & NONMEMBER*

Monday $1,075

Tuesday $1,075

Wednesday $975

*One-yearACCmembershipNOTincluded;ACCmembershipeligibilityrulesapply

Group rates are available for three or more paid registrants from the same company. For more details and to register, go to www.acc.com/AM17DC.

ConfirmationPlease allow 2–3 business days for us to verify your eligibility to attend the meeting. Once your eligibility has been verified, you will receive a final confirmation email. A billing summary will also be included in the final confirmation email. If it is determined that you are ineligible to attend the meeting, your credit card will immediately be fully refunded and your registration canceled.

SubstitutionsSubstitute attendees (from the same organization and eligible to attend) are welcome. Please email or fax your request, along with a completed registration form for the substitute attendee, to [email protected] or +1 202.293.4701.

Special Requirements/Food RestrictionsParticipants with special requirements for facilities, visual or audio aids and/or dietary restrictions should note them on the registration form or contact [email protected]. Requests for special accommodations should be sent as soon as you register, but no later than September 25, 2017, so that appropriate arrangements can be made.

Cancellation PolicyRegistration cancellations must be received in writing via [email protected]. Telephone cancellations will not be accepted. Nonmember (in-house counsel) registration cancellations for the 2017 ACC Annual Meeting will not receive a refund/credit for the membership fee ($335) included in the registration.

WRITTEN CANCELLATION RECEIVED:

REFUND/CREDIT ISSUED:

BySept.13,2017Fullrefundofmoniespaid,

minus$150administrativefee

FromSept.14–30,2017

Norefunds.100percentcreditof

moniespaidappliedtofutureACCHQin-person

educationprogram*

FromOct.1–14,2017

Norefunds.50percentcreditof

moniespaidappliedtofutureACCHQin-person

educationprogram*

Oct.15,2017andafter Norefunds,nocredit.

*CREDIT ISSUED MAY BE USED TOWARDS THE FOLLOWING 2018 ACC IN-PERSON EDUCATIONAL PROGRAMS:

2018LegalServiceManagement

2018Mid-YearMeeting

2018CorporateCounselUniversity®

2018LawDepartmentLeadership2.0

2018AnnualMeeting-October21–24,Austin,TX

Spouse/Guest Registration PolicyA guest is defined as a spouse or significant other, friend, or relative who is not a member of ACC, is not qualified to become a member and does not work in an industry-related occupation. Please provide your guest’s name on your meeting registration. A guest badge will allow access to evening receptions ONLY. Guests may not attend any educational programs or other meal functions, or enter the exhibit area at any other time. The registration fee is $125/guest (limit one).

Questions? For additional information regarding the 2017 ACC Annual Meeting, contact an Education Team member at +1 202.293.4103 x451 or [email protected].


32 HOUSING INFORMATION2017 ACC ANNUAL MEETING WASHINGTON DC | OCTOBER 15–18 | WHERE IN-HOUSE COUNSEL CONNECT

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ACChassecuredroomblocksatanumberofdowntownhotelsneartheWalterE.WashingtonConventionCenter.Youmustbeaconfirmedattendeeofthe2017AnnualMeetinganduseyouruniquereservationcodeinordertomakeyourreservationatoneofthehosthotelsandreceivetheACCnegotiatedrate.PleasenotethatyourattendanceisnotconfirmeduntilyouhavereceivedaregistrationconfirmationemailfromACC.

Rooms at discounted rates for 2017 ACC Annual Meeting attendees are available at the following hotels:

HOTEL DISTANCE TO CONVENTION CENTER

RATE AVAILABLE TO ANNUAL MEETING REGISTRANTS

Marriott Marquis901 Massachusetts Ave NWWashington, DC 20001

0.1 miles $338 single/double (plus taxes)Reserve by: September 22, 2017

Renaissance Washington, DC Downtown999 9th Street NW Washington, DC 2000


Grand Hyatt Washington1000 H Street NWWashington, DC 20001


Marriott Metro Center775 12th Street NWWashington, DC 20005


Reservationsaresubjecttotheindividualhotel’spolicies,includingthecancellationpolicyandarebasedonavailabilityattimeofbooking.PleaseseetheHotel&Travelpageatwww.acc.com/AM17DC

formoreinformationincludingadditionalhotels,whichmaybeaddedfromtimetotime.

BOOK EARLY AS THESE HOTEL ROOM BLOCKS WILL SELL OUT!


33WASHINGTON, DC WWW.ACC.COM/AM17DC

33

Getting to Washington, DC

ACC has partnered with Amtrak to offer ACC Annual Meeting attendees a 10% discount off the best available rail fare to Washington, DC between October 12, 2017 and October 21, 2017.

To book your reservation call Amtrak at +1 800.872.7245 or contact your local travel agent. Please refer to Convention Fare Code X48E-968 when making your reservation to receive the discount. Reservations cannot be booked online.

This offer is not valid on the Auto Train and Acela service. Offer valid with Sleepers, Business Class or First Class seats with payment of the full applicable accommodation charges. Fare is valid on Amtrak Regional—all departures, seven days a week, except for holiday blackouts.

Getting Around Washington, DC

One of the best ways to experience Washington, DC is on foot. The city’s wide sidewalks meander past the inspiring monuments and museums found on the National Mall, as well as the intimate museums, world-class theaters, and splendid gardens in the city’s collection of neighborhoods.

Washington, DC is surrounded by three major airports, Amtrak and a first-rate subway system, Metro. Metrorail and Metrobus are the most convenient ways to get around Washington, DC, with Metrobus providing connections for locations not serviced by Metrorail. The Walter E. Washington Convention Center even has a dedicated Metro station (Mount Vernon Square station) serviced by the Yellow and Green Lines, and many hotels are conveniently located near Metro stations or bus routes.

Taxi and ride share services such as Uber and Lyft are also popular options for transportation around the city.

Airport Transporation

Reagan National Airport (DCA) is located just across the Potomac River in Virginia and is the closest airport to Washington, DC. Reagan National Airport has a variety of convenient transportation options for getting to and from the airport. For a low cost, passengers can get to any location on the Metrorail system from the Metrorail station connected to Terminal B/C. Other ground transportation options include shared ride services such as Uber and Lyft, taxis, and rental cars.

Washington Dulles International Airport (IAD) is located 26 miles from Washington, DC in suburban Virginia. Dulles Airport has a variety of convenient transportation options for getting to and from the airport. For a low cost, passengers can get to any location on the Metrorail system by taking the non-stop Silver Line Express Bus from the Airport directly to the Wiehle Avenue Metrorail Station, located approximately 7 miles away. Other ground transportation options include shared ride services such as Uber and Lyft, taxis, and rental cars. For added convenience, individuals on their way to or from the Airport are allowed to drive on the low-traffic Dulles Access Highway, a 12-mile dedicated road extending toward Washington DC from the Airport to the Capital Beltway/495 and other points.

Baltimore/Washington International Airport (BWI) is a bit further out in Baltimore, but oftentimes that means you can find even better flight deals. BWI Airport is accessible via an Amtrak train route that drops off at Washington, DC’s Union Station. Visit the BWI Airport ground transportation page for more information (www.bwiairport.com/en/travel/ground-transportation).

Driving to the Convention Center? Use SpotHero to take the stress out of parking!

To book convenient and affordable parking, try using SpotHero, the nation’s leading parking reservation app.

To reserve your parking spot today, visit the ACC DC SpotHero Parking Page & book a spot with rates up to 50% off drive-up. Also, use SpotHero to park all over DC—learn more at spothero.com/washington-dc-parking.

New to SpotHero? Download the SpotHero iPhone | Android app and enter promo code ACCDC for an extra $5 off your first park!

GOLD LEVEL

AndersonKillP.C.

Barnes&ThornburgLLP

Bird&Bird

Blake,Cassels&GraydonLLP

BloombergLaw

CozenO’Connor

FordHarrisonLLP

GowlingWLG

JacksonLewisP.C.

KilpatrickTownsend&StocktonLLP

LexisNexis

LexMundi

LittlerMendelson

MeritasLawFirmsWorldwide

OgletreeDeakins

PerkinsCoieLLP

Quarles&BradyLLP

QuisLex

SeyfarthShawLLP

Shook,Hardy&BaconLLP

TerraLex

THANK YOU TO OUR SPONSORS AS OF MAY 2, 2017

BLUE LEVEL

AffinityConsultingGroup

ALFAInternational

AlixPartners

BakerBottsLLP

BakerHostetler

Beveridge&Diamond,P.C.

Chubb★

CMS

CobbleStoneSystems

Conga

Constangy,Brooks,Smith&Prophete,LLP

Contoural

ContractWorks

CopyrightClearanceCenter★

CorporateProBono

CorporationServiceCompany

doeLegal

DrinkerBiddle&ReathLLP

EvershedsSutherland(US)LLP

Exari

Fieldfisher

Fisher&PhillipsLLP

Foley&LardnerLLP

FTIConsulting

GuidepostSolutionsLLC

Icertis

iManage

Integreon

Intelligize

InternationalSocietyofPrimerusLawFirms

JordanLawrence★

KeanMillerLLP

Kroll

LawGeex

LegalFilesSoftware

LegalSuite

Lexology

LRN

Miles&StockbridgeLLP

MinorityCorporateCounselAssociation

Mitratech

NationalAssociationofCorporateDirectors

NAVEXGlobal★

Navigant

NortonRoseFulbright

Onit

PractisingLawInstitute

RobertHalfLegal

SaulEwingLLP

Servient

StreetLaw

TransPerfect

WoltersKluwerLegalRegulatory★

WoltersKluwerELM

WoltersKluwerCT

WoltersKluwereffacts

WombleCarlyleSandridge&Rice

★ ALLIANCEPARTNERS

SILVER LEVEL

Apttus

Dentons

McDermott,Will&EmeryLLP

MorrisonFoersterLLP

ThomsonReuters★

advance program details · 704: building your brand: yes, it’s all about you 705: ethics and...

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