2018 WIPL - Women, Influence & Power in Law
 


10/03/2018
8:30 am - 9:15 amWIPL's Executive Leadership Forum Registration
9:15 am - 9:30 amWelcome Remarks at the 2018 Executive Leadership Forum
9:30 am - 11:30 amPHASE I - Panel + Interactive Exercise: Leadership and Transformation of Today’s GC: From the Eyes of the CEO
Measurement and performance evaluation continue to be an ongoing challenge for GCs. In this workshop, hear from CEOs on how they view the role of their general counsels. 

- What do they expect their legal team to provide, and how might it differ from your perception of your role
- What are the best techniques to achieve company’s expectations and goals 
- How to measure and evaluate your successes
11:30 am - 1:00 pmWIPL's Executive Leadership Forum Networking Luncheon
1:00 pm - 3:00 pmPHASE II - Panel + Strategy Think Tank: Tackling Unconscious Bias & Shifting our Workplace Cultures
Moderator: Teresa Bult, Administrative Partner and General Counsel to the Firm , Constangy, Brooks, Smith & Prophete, LLP
Having a diverse staff with gender parity enables us to understand and meet the needs of clients, customers and stakeholders from all backgrounds and perspectives. As today’s workforce gets more diverse, research shows that non-traditional talent continues to be challenged in terms of moving up the pipeline. With blind spots like unconscious bias hindering employees and leaders at all levels, this session will delve into different ways to deal with discrimination while building a workplace culture that supports and enables all. 

Discussion Topics Include:
- Roadmap for transformative employee development programs, and debate over how ‘inclusive’ vs ‘exclusive’ they should be
- Specific strategies to counter unconscious bias, examples of how it can impact the hiring process and debate on what can really address it - Framework for targeted initiatives to support under-represented leaders, affinity groups and mentoring initiatives
- Examples of that training that engages employees, motivates them to adopt behavior that mitigates bias and empowers Inclusion advocates 
- Action steps for in-house counsel to motivate law firms to diversify their culture, whether through a ‘carrot’ or ‘stick’ approach
3:00 pm - 3:15 pmAfternoon Refreshment Break
3:15 pm - 5:15 pmPHASE III - Workshop + Roundtable Whiteboard Session: Leading Technology and Transformation for the Legal Department
Speaker: Erin Hichman, Lead for IT Research , ALM Intelligence
It’s an exciting time to be in the legal industry, with the fast-paced world of technology changing almost every aspect of how legal departments are run and how services are delivered. As legal departments shift to incorporating more and more technology in their everyday practice areas, expertise and familiarity with legal technology will be a necessity. Leadership in law departments for the next decade will depend on attorneys that tech savvy. But rarely are women seem as leaders in technology. The call to action is loud and clear, challenge and change the status quo. In this interactive exercise participants roll up their sleeves and examine the different areas of legal technology and how they could be applied in a legal department to improve processes and service delivery. 

- Contract management
- Matter management
- AI & Blockchain
- Data Analytics
5:15 pm - 6:30 pmWelcome Cocktail Reception (Open to All Attendees)

10/04/2018
8:00 am - 9:00 am6th Annual Women, Influence & Power in Law: Registration and Breakfast
9:00 am - 9:15 amWelcome Remarks
9:15 am - 10:15 amOpening Keynote
10:15 am - 11:00 amNetworking Break
11:00 am - 12:00 pmBusiness Partner Strategies Leadership & Professional DevelopmentRisk Mitigation & Crisis ManagementCybersecurity and Data Privacy
Session 101 - The GC & CEO Panel: Reshaping Corporate Law Departments to Focus On Business Goals
Moderator: Tara K. Giunta, Partner, Litigation Department, Paul Hastings LLP
There is little skepticism that the role of today’s GCs have a much broader scope beyond the customary responsibilities of analyzing issues legally, ethically, and objectively. As these roles shift, many CEOs are finding and seeking the GC’s perspective and insights to strategic decisions. The panel will explore the relationship between the GC and CEO and the strategic input that the CEO seek from the chief legal officer.
Session 201 - Successfully Leading in the Digital Age
Moderator: Carrie C. Mahan, Partner, Weil, Gotshal & Manges LLP
Speaker: Sharon Underberg, General Counsel, Secretary and Senior Vice President, Eastman Kodak Company
Speaker: Katherine I. Hargis, Senior Vice President, General Counsel and Corporate Secretary, Key Energy Services LLC
Speaker: Salle Yoo, Chief Legal Officer, General Counsel and Corporate Secretary, Uber Technologies, Inc.
The traditional role of GCs continues to evolve as digital transformations, technological integration and the regulation landscape continue to change. Hear from leading GCs who have successfully undertaken transformation in the digital age. Our panelists will share insights through their professional journey.  We will discuss: 

- Has the definition of success changed in the digital age?
- What are the paths to success in the current business environment?
- What leadership challenges are faced by today’s General Counsels?
Session 301 - AI & Automation: Changing Business Strategies and Law
Moderator: Christina Steinbrecker Jack, Director of Product, Fastcase
There is little doubt that artificial intelligence is already reshaping the practices of legal professionals. But as business strategists speeds towards the wonderland of AI, general counsels are taxed with the legal, compliance, and regulatory issues surrounding this new technology. Our expert panelists will examine:

- What is AI, the technologies capacities and impact on your organizations business practices.
- How can GCs remain one step ahead of progress by acknowledging and understanding the AI sphere?
- Current and future compliance/regulatory and legal issues,
Session 401 - GDPR: Assessing Your Organizational Competence and Risk in a Data-Driven World
Moderator: Mary J. Hildebrand CIPP/US/E, Partner, Founder and Chair, Privacy & Cybersecurity, Lowenstein Sandler LLP
The implementation of GDPR – and the potential for regulatory enforcement actions, private causes of action and legal challenges from various quarters – exemplifies the uncertainty that permeates the privacy and cybersecurity world. How can you manage your legal, compliance, and business risks to achieve the best outcome for your organization? This panel will discuss the practical implications of managing against the new organizational requirements, such as accountability measures, breach notification requirements, data subject rights, and processing system assessments.
12:00 pm - 1:30 pmNetworking Luncheon
1:30 pm - 2:30 pmBusiness Partner Strategies Leadership & Professional DevelopmentRisk Mitigation & Crisis ManagementCybersecurity and Data Privacy
Session 102 - The GC & CFO Panel: Managing Corporate Risk As Partners
Speaker: Rebecca J. Wing, Chief Operating Officer and General Counsel/Corporate Secretary , LW Lands, Inc.
Both CFOs and GCs are highly evolved risk managers who bring to the company very different perspectives on risk management. The panel discussion will highlight key components of the GC & CFO roles as risk managers, departmental interactions and interactions with the board.
Session 202 - Taking Charge of Your Financial Wellness: How to Maximize Your Employee Benefits to Secure a Comfortable Retirement
Moderator: Robin M. Solomon, Partner, Ivins, Phillips & Barker, Chartered
Your comp & benefits package is not just about job title, vacation days and salary. Candidates have to determine if the offer package matches their needs for future career development and personal financial wellness. In this session, our panelists will discuss how to understand the pension, savings and stock options offered by your employer, and learn how to make the decisions that will lead to a comfortable retirement. We will discuss stock options, ESPP, pension, 401(k) plan and employment agreements.
Session 302 - How to Identify and Manage The Risks Social Media Poses to Your Organization
Moderator: Randi W. Singer, Partner, Weil, Gotshal & Manges LLP
Speaker: Leah C. Montesano, Vice President, Litigation, Discovery, Inc.
Speaker: Lori Mason, General Counsel, Undertone
Speaker: Lauren Fisher, Chief Legal Officer, Vox Media, Inc.
Speaker: Rhonda Powell, Senior Vice President Business and Legal Affairs, Chief Legal Officer, Complex Media, Inc.
Once upon a time, making sure your company had a social media policy was enough. Now a marketing plan that ignores social media is unthinkable and true digital natives have entered the workforce with seemingly limitless new ideas. The new challenges involve ensuring that the social media strategy fits the corporate culture. Panelists will discuss some of the latest developments in social media law and share tips on best practices and lessons learned from the headlines.

- Trends in social media: videos, live streaming, ephemeral content and augmented reality
- Privacy in a post-GDPR world
- Intellectual property issues
- Social media at work
Session 402 - Arming Your Organization Against Critical Infrastructure Cyber Attacks
Moderator: Lily N. Chinn, Managing Partner, Katten Muchin Rosenman LLP
Critical infrastructure is the physical and virtual assets of an organization that could have a debilitating impact on security and safety of the public such as electric utilities, oil & gas facilities, water supply systems, and industrial production/manufacturing facilities. They are increasingly targets of debilitating cyber-attacks as cybersecurity improvements for these operational systems (OT) have lagged behind IT business systems. For companies who provide critical infrastructure, ensuring that your organization has developed a response plan to cyber-threats that could result in physical property damage and/or danger to the surrounding community is essential to mitigating business risk and ensuring the security and safety of the public. In this session, our experts will assess the regulatory environment for cybersecurity of critical infrastructure, the current cyber-threat landscape, the potential to mitigate risk through cyber insurance, and the key differences in responding to a cyber-incident of critical infrastructure.
2:30 pm - 2:45 pmTransition Break
2:45 pm - 3:45 pmBusiness Partner Strategies Leadership & Professional DevelopmentRisk Mitigation & Crisis ManagementCybersecurity and Data Privacy
Session 103 - The GC & CIO/CISO/CPO Panel: Privacy & Security - Getting Your GC, CIO, CISO & CPO on the Same Page
Moderator: Devika Kornbacher, Partner, Intellectual Property, Vinson & Elkins LLP
Data breaches, web-scrapping, GDPR, employee monitoring and a host of other data security and data privacy concerns are faced by companies every day. The GC and CIO/CISO/CPO of a company often need to be sure they are complying with the latest regulations while using industry standards to ensure the company's technology, data and operational risks are managed accordingly. In this session, we will explore how legal, IT, and privacy functions can work together to safeguard the organization from cyber incidents, protect employee and consumer data privacy, and create synergies that promote effective business operations.
Session 203 - Roadmap for Managers on Becoming Effective Leaders
Moderator: Gayle R. Klein, Principal, McKool Smith
Speaker: Jennifer Suess, Senior Vice President, General Counsel & Corporate Secretary, RioCan
Speaker: Sheila Murphy, Senior Vice President, Associate General Counsel, MetLife
Speaker: Phillina Lai, Vice President, General Counsel - Upstream, Midstream and Gas Supply, Tellurian Inc.
Leadership and management should go hand in hand, but they are not the same set of skills. Great managers are not always good leaders. In order for managers to become effective leaders, executives must navigate a tricky road of transitioning from specialist to generalist, tactician to strategist, and problem solver to diplomat. In this session, we will explore: 

- The difference between management and leadership skills 
- How to spot the skills that you need to improve as leaders 
- Leadership skills development/training available to you 
- Which skills to apply to different scenarios
Session 303 – Strategic Triage Teams: Creative Approaches to Risk and Crisis Management
Corporate law departments have progressed to encompass a greater level of predictability and responsibility for compliance and risk management within their organizations. To accomplish this, leading law departments are engaging in creative strategies to help mitigate risks and manage compliance/regulatory upkeep. In this session we will explore the strategy of triage teams. Teams consist of a diverse range of experts – including lawyers, compliance officers, and analysts – who assess cases based on risk and complexity to determine the best mix of resources to perform the work.
Session 403 - Decoding Cyber Insurance After You’ve Purchased a Policy
Moderator: Pamela S. Palmer, Partner, Pepper Hamilton LLP
Congratulations, you have purchased cyber risk insurance! But simply purchasing a cyber-insurance in addition to your traditional insurance coverage may not be enough to ensure that you’ll be covered for the range of losses that follow a cyber-attack. So how do you know if your business is really covered for a data breach or cybercrime? Our panel experts will highlight key issues that fall through the cracks if you are not savvy about negotiating coverage. They’ll highlight risks you may never have thought about, offer insights on breach remediation and management, and flag obligations included in some policies that insureds must comply with to keep coverage in force. Topics include:

- Internal cybersecurity audits
- Understanding policy conditions around notice, consent, and other issues
- How your client contracts can effect coverage
- Compliance with state and federal cybersecurity & data privacy laws
3:45 pm - 4:15 pmNetworking Break
4:15 pm - 5:15 pmBusiness Partner Strategies Leadership & Professional DevelopmentRisk Mitigation & Crisis ManagementCybersecurity and Data Privacy
Session 104 - The GC & Board Panel: Managing Tough Issues in the Boardroom
Speaker: Gail Sharps Myers, Former SVP, General Counsel & Secretary, Snyder's-Lance, Inc.
Speaker: Maria Barton, General Counsel, Purdue Pharma L.P.
The General Counsel as a member of an organization's board is involved with variations of tough issues, from dealing with activists and multiple crises to orchestrating mergers, spinoffs, and buyouts. All of these issues bring their own set of challenges. In this session, we will discuss how GCs are managing complicated issues that arise today and how they protect the board's decision-making process so that board members can serve their fiduciary responsibility.
Session 204 - Strategies on Improving Your Ability to Influence: Negotiations Tactics for Department Budget, Resources, Headcount, Salary & Perks
Speaker: Allyson Childs Hale, Vice President & Assistant General Counsel, Amherst Holdings LLC
Speaker: India N. Boulton, Vice President– Law / Marketing Practices , Sprint
Negotiation is the favored executive management method when employees are seeking tailored solutions, such as increasing department budgets, resources and compensation. Unfortunately, there are no magical phrases that can guarantee success. Even the most seasoned managers and executives need a compelling strategy before going into campaign. This panel will share their proven stratagems on how to demonstrate confidence, congeniality, and the knowledge necessary to secure positive results.
Session 304 - Crisis In the Company: A Management Workshop – How to Respond When Disaster Strikes
Moderator: Christina Hull Eikhoff, Partner, Alston & Bird LLP
Speaker: Susan Duarte, Director and Senior Corporate Counsel Consumer and Marketing Practices, Financial Services, Compliance and Litigation, Sprint
When an event threatens the viability or integrity of your company, you have a crisis on your hands. The crisis could start with a natural disaster, government investigation or high profile litigation, an environmental or industrial accident, product recalls, a cyber or privacy breach, or a whistleblower case. Whatever the disaster may be, company management will turn to you for direction. During this session, our panel experts will explore the following topics to arm you with a plan to protect the company and minimize long-term problems:

- Preparedness – advance planning and assessing potential risk areas
- First Response – responding in the critical first hours and days to minimize the long-term impact
- Communications – identifying your constituencies and determining what to say and how to say it
- Resolution Strategy – managing various actions stemming from the crisis to enable the best resolution for the company
Session 404 - Safeguarding Your Data & More: Checklist for 3rd Party Vendor Management
Moderator: Melanie J. Howard, Chair, Intellectual Property Protection, Loeb & Loeb LLP
Evaluating and managing third-party relationships is a difficult but vital part of privacy compliance and enterprise IT security operations. In this interactive workshop, we’ll explore:

- Due diligence considerations
- Key contracting pitfalls and best practices
- Suggestions to leverage technical and procedural solutions
- Remote access controls and user account management - and more!
5:15 pm - 6:15 pmNetworking Cocktail Reception

10/05/2018
8:00 am - 8:30 amRegistration and Breakfast
8:30 am - 9:30 amKeynote
9:30 am - 10:00 amNetworking Break
10:00 am - 11:00 amComplex LitigationCorporate Citizenship & ManagementRegulatory, Compliance & GovernmentLabor & Employment
Session 501 - Applications of Analytics in Investigations
Moderator: Shuba Balasubramanian, Principal, Deloitte Risk and Financial Advisory
Speaker: Stephanie Accuosti, Associate General Counsel – Compliance, Weatherford
There is little doubt of the value of the applications of analytics in finding documents that really matter in an investigation. There are tools that can cull through voluminous data sets and millions of documents to quickly to find not just the information and documents that are relevant to an investigation, but those that can make or break a case. In this session, our specialists will demonstrate ways to leverage the power of analytics to advance your litigation and investigation efforts.
Session 601 - How to Evaluate Exposure to Personal Liability Arising from Recent Enforcement Actions Against Corporate Counsel
Moderator: Lynda A. Bennett, Partner & Chair, Insurance Recovery Group, Lowenstein Sandler LLP
Corporate counsels are an organization's ethics watchdogs, yet they are often asked to give strategic business advice. This can put in-house lawyers in awkward positions, jeopardize attorney-client privilege, and potentially expose the company and its leaders to liability. This session will provide an ethical framework and best practices to help navigate this dual role, and focus on how to protect corporate counsel and other executives against potential liability risks through insurance coverage and other innovative risk management techniques.
Session 701 - Overview of Anti-Corruption Enforcement Trends and What It Means for Your Compliance Program
Moderator: Jennifer H. Saperstein, Partner, Covington & Burling LLP
Speaker: Ilana Shulman, Chief Compliance Officer, Hill-Rom
Speaker: Farzaneh Paslar, General Counsel, International Transactions & Compliance, Honeywell
Governments and regulatory agencies in the US and across the world continue to prioritize enforcement of anti-corruption statutes. Recent anti-corruption developments and trends make it critical for in-house counsels and compliance officers to develop and continuously improve compliance programs that can effectively prevent, identify, respond to, and mitigate corruption related risk. In this session we will discuss:

- Recent global anti-corruption enforcement developments and trends, including the FCPA Corporate Enforcement Policy
- Hallmarks of an effective anti-corruption compliance program, drawing on U.S. and international standards
- Regulator focus on third parties and the need for an effective due diligence program
- Challenges such as monitoring, auditing, and measuring program effectiveness
- Benchmarking and resourcing your compliance program
Session 801 - The Aftermath of Harvey Weinstein and "#MeToo"
Moderator: Jennifer Trulock, Partner, Baker Botts LLP
A wave of high-profile sexual harassment cases serve as a potent reminder to companies that, no matter how well-intentioned their policies may be, the problem persists. Sexual harassment has a significant impact not just on employees but on employers as well. How can the GC ensure that progressive policies and protective measures are formulated and applied? Are training programs to protect employee safety working? How can you ensure that employees understand what is appropriate workplace conduct? What are the increased expectations that boards of directors have for GCs and the rest of the C-suite with respect to reporting, investigating, and resolving workplace harassment?
11:00 am - 11:05 amTransition Break
11:05 am - 12:05 pmComplex LitigationCorporate Citizenship & ManagementRegulatory, Compliance & GovernmentLabor & Employment
Session 502 - Mitigating the Impact of Complex Litigation
Moderator: Bethany W. Kristovich, Litigation Parner, Munger, Tolles & Olson LLP
Speaker: Sneha Desai, Associate General Counsel, Litigation, BASF Corporation
Speaker: Wendy Hufford, Chief Operating Officer, Legal Department & Vice President, US Litigation, Risk Management & Human Resources, Boehringer Ingelheim USA Corporation
More often than expected, amidst the more plain vanilla lawsuits and regulatory investigations familiar to in-house counsel, a seemingly simple case can transform into a complex situation. In such an instance, the skill and endurance of the in-house counsel is tested. During this session, our panel experts will discuss:

- Recognizing the signs of not so simple cases
- The critical initial tasks to reduce overall risk 
- Development and application of appropriate resource allocation and cost management strategies
Session 602 - Proactive Corporate Counsel & Corporate Governance
Moderator: Julie Myers Wood, Chief Executive Officer, Guidepost Solutions LLC
Speaker: Nancy Higgins, Chief Ethics & Compliance Officer, Bechtel Corporation
Most corporate legal departments found themselves in a reactive mode. But as corporate governance has moved from low priority to high profile in the eyes of corporate stakeholder, corporate legal departments have had to take a more proactive approach. Our panel will discuss the following:

- Why corporate governance is not solely a compliance department function
- How to develop a proactive governance program 
- Getting a better handle on best practices
Session 702 - Working with Multi-Jurisdictional Governmental Authorities: Effective Strategies for Risk Mitigation
Moderator: Susan Markel, Managing Director, AlixPartners LLP
Speaker: Barbara Sinsley, General Counsel & Chief Compliance Office, FactorTrust
Speaker: Amber Shaver, Chief Legal Affairs & Compliance Officer, Stellar Energy
Given today’s complex global environment, a critical factor to the success of a global institutional is effective multi-jurisdictional decision-making and governance. Our panel will provide guide to preparing for multi-jurisdictional risk mitigation plans, which pose special considerations that single-jurisdiction may not need to address:

- Regulatory and adjudicatory jurisdiction
- The law that should be applied 
- Shared staff resources and cost benefits 
- Cross jurisdictional boundaries
Session 802 - Drug Policy & Workplace Fairness
Moderator: Danielle Hultenius Moore, Partner, Fisher & Phillips LLP
Workplace drug policy is governed almost exclusively by state law. Therefore no single corporate drug testing policy will satisfy all state laws. In addition, the recent legalization of medical cannabis in some states have multistate employers evaluating their current drug policy. In this session, our experts will discuss best practices for businesses with multi-state operations and how they can balance privacy, human rights, occupational health and workplace safety to ensure a workplace fairness.
12:05 pm - 1:05 pmNetworking Luncheon
1:10 pm - 2:10 pmComplex LitigationCorporate Citizenship & ManagementRegulatory, Compliance & GovernmentLabor & Employment
Session 503 - New Tactics for Case Management: Maximizing Efficiency & Minimizing Cost
Moderator: Cathy A. Hinger, Partner, Womble Bond Dickinson LLP
Speaker: Susanna J. Gray, VP, Corporate Counsel - Enterprise Litigation Group and Corporate Investigations Division, The Prudential Insurance Company of America
Litigation does not have to be a chaotic or complication experience. By identifying and systematically applying sound management techniques in planning, staffing, and technology, litigation can become a perfected discipline. In this session, we will explore new case management techniques that at can bring litigation and its costs under control and instill a greater measure of predictability into the process.
Session 603 - Effective Communication: Working With The Board & Shareholders
Moderator: Stacy McLean, Partner, Blake, Cassels & Graydon LLP
For most companies, systematic engagement with the board and shareholders rarely goes beyond quarterly executive management meetings, earnings calls, and investor conferences. But in recent years, high profile executive compensation controversies and financial collapse of major institutions have increased the pressure for greater board and shareholder transparency. In this session, we will discuss: 

- Benefits and risks of board/shareholder engagement
- Components of an effective board/shareholder engagement program
- How and when to engage in dialogue between company leadership and shareholders
Session 703 - Securities Update 2018: Recent Developments and Impact on Securities Litigation, Arbitration & Mediation
Moderator: Amanda M. MacDonald, Partner, Williams & Connolly LLP
An end-of-the-year roundup on significant events in the securities, regulatory and financial marketplace space, focusing on new challenges presented to in-house counsel and outside firms. This session will analyses of current securities laws and regulations. In addition, it will provide practical suggestions on avoiding and litigating, arbitrating and mediating securities matters.
Session 803 - The 2018 Whistleblower and Reporting Policy Review
Moderator: Melissa A. Dials, Of Counsel, Fisher & Phillips LLP
Recent Supreme Court rulings on whistleblowing protections and benefits have created an increased need for organizations to educate their employees and managers about the internal mechanisms available for resolving complaints. Our session will cover:

- Benefits and importance of complying with the law and policy
- Types of suspected misconduct that should be reported 
- Internal reporting mechanisms 
- Policy against retaliation
2:10 pm - 2:15 pmTransition Break
2:15 pm - 3:15 pmComplex LitigationCorporate Citizenship & ManagementRegulatory, Compliance & GovernmentLabor & Employment
Session 504 (Ethics Session) - Beyond the Basics of Alternative Litigation Funding: A 360 Degree Perspective
Third-party litigation finance has evolved into a billion-dollar global industry over the past decade. Even as it becomes an accepted tool for commercial litigators and their clients, some lawyers may still have questions about ethics and regulatory issues. 

This session will provide a basic understanding of what litigation funding is, how it’s used, why the demand for funding is so strong, and what law firms and clients should know about the industry’s economics. In addition, our speakers will go beyond the basics to explain and discuss different funding models, their relevance to specific areas of commercial litigation and arbitration, and how they can be applied to help law firms and in-house teams not only manage litigation cost and risk but also leverage claims as assets with value to the business. 

Lastly, our panelists answer the number one question lawyers have about litigation finance: do funders have control over the matters they fund? We provide an overview of relevant caselaw concerning champerty, work product, confidentiality and attorney-client privilege. Finally, we will review Federal Rules of Civil Procedure to provide some context and guidelines on regulatory concerns for this industry.
Session 604 (Ethics Session) - Corporate Social Responsibility: Seeing 20/20 on Economic, Legal, Ethical & Philanthropic Corporate Responsibilities
Moderator: Gillian A. Hobson, Partner, Capital Markets and Mergers & Acquisitions, Vinson & Elkins LLP
Speaker: Nancy Laben, Executive Vice President, Chief Legal Officer, Booz Allen Hamilton, Inc.
Speaker: Lanesha Minnix, Senior Vice President, General Counsel and Corporate Secretary, BMC
Corporate social responsibility is the impact of a company’s actions on society, which involves obligations outside of making a profit. This requires a company’s C-Suite and Board to consider the company’s actions in terms of the whole social system and holds the firms and its leadership responsible for the effect of those actions. In this session, we will delve into the evolving key economic, legal, ethics and philanthropic concerns for CSR programs and the GC’s crucial role in ensuring and driving the success of CSR programs.
Session 704 (Ethics Session) - Ethical Issues in Internal Investigations and in Responding to Government Investigations
Moderator: Iris E. Bennett, Member, Smith Pachter McWhorter PLC
Conducting internal investigations and responding to government investigates require counsel to understand and effectively navigate a number of ethical responsibilities. In this session we will discuss critical rules of the road to keep in mind and provide guidance on how to prevent ethical issues and resolve ethical challenges when they arise in this context, including the following subjects:

- Handling whistleblowers
- Ethical duty to ensure have requisite expertise
- Duty of representation to corporate client
   - Preventing or addressing conflicts of interest
   - Internal stakeholders: who can be involved, who can receive information
   - Counsel reporting up obligations (ABA, Sarbanes)
- Managing tensions between investigation needs and resource constraints
- Corporate attorney-client privilege and interactions with individual employees
- Separate vs. joint representation: corporations and corporate constituents
- Joint Defense Agreements
Session 804 – Pay Equity, Equal Compensation and Benefits
Moderator: Tammy R. Daub, Of Counsel, Employment Law Department, Paul Hastings LLP
Employers across the nation are confronting a host of new or amended employment laws addressing pay equity, pay inquiry, and paid sick leave. For example, numerous states, including among them Washington, California, New York, Maryland and Massachusetts, have adopted new standards for pay discrimination. In many cases, these new laws challenge employers to compare employees across broader groups, beyond just those doing “equal work,” and also to justify the “gaps” that exist between groups with more detailed explanations. All of this increases the litigation risks for employers. Plus, the pressure to examine these issues and consider whether pay discrimination is occurring no longer comes predominantly from plaintiff’s lawyers and disgruntled employees. It now comes from boards of directors, shareholders proposals, and the marketplace more generally. Market pressure to disclose an employer’s “gender pay gap” grows. Yet the disclosure of a pay gap greater than your competitors’ or the failure to disclose one at all can create recruitment challenges. In this environment, understanding and managing pay equity and pay gaps is an ongoing challenge. Moreover, various U.S. municipalities and states, including New York City, Philadelphia, New York, California, and Puerto Rico have also enacted new legislation that prohibits employers from asking applicants about their current or past salary, creating additional compliance and recruitment challenges for employers. Other cities and states have similar legislation that is pending. This is aimed to combat wage disparities based on gender, by prohibiting employers from relying on salary history to set pay levels. Finally, various states and localities have adopted or are considering mandatory paid sick leave laws, adding to the assortment of new employer requirements. We will cover the following:

- What is the current state of pay discrimination law in key jurisdictions and how do employers construct an effective approach to defining and mitigating legal risks and other challenges?
- What do the pay inquiry bans mean for employers as far as what they can inquire about, collect, discuss, and use as far as a candidate’s current or past salary/benefits?
- What other components of compensation and/or benefits should be considered and are included?
- What should employers do about these pay inquiry prohibitions? How should employers comply with paid sick leave laws?
- Should employers adopt one universal approach to these laws, anticipating the continued liberalization of laws, versus a multi-jurisdictional approach?
3:15 pm - 3:30 pmConference Closes & Suggested Departure