2018 In-House Counsel Summit
October 25, 2018
2018 In-House Counsel Summit
October 25, 2018
8:00 to 8:30 a.m. – Registration
8:30 to 9:30 a.m. – Plenary Session
The Supreme Court Year in Review
Moderator: Benjamin Sassé, Partner, Tucker Ellis LLP
Discussion Points: The first full term with Justice Gorsuch concluded with a bang. The Court issued a series of landmark First Amendment decisions touching on everything from religious liberty and public accommodations laws to public unions’ fee structures, abortion, and voting regulations. Two longstanding precedents were overruled by narrow 5-4 majorities: (1) the 1967 National Bellas Hess decision, which prohibited states from enlisting out-of-state companies in collecting use taxes for goods sold to customers in those states, and (2) the 1977 Abood decision, which permitted mandatory union dues to cover the costs of collective bargaining on behalf of non-members. And the term ended with the announcement of “swing Justice” Anthony Kennedy’s retirement after 30 years on the Court. Less dramatic, but no less influential, the Court narrowly sustained the third iteration of President Trump’s travel ban, and it ducked contentious issues involving whether baked goods receive First Amendment free speech protections and the justiciability of cases challenging political gerrymandering. Then, following a contentious confirmation process, the Senate confirmed President Trump’s replacement for Justice Kennedy, D.C. Circuit Judge (now Justice) Brett Kavanaugh. Our Appellate & Legal Issues Group will discuss these developments and forecast the term ahead.
9:30 to 9:45 a.m. – Break
9:45 to 10:45 a.m. – Breakout Session 1
Blockchain: Changing the Game and Going Beyond Cryptocurrency
Moderator: Elisa Arko, Associate, Tucker Ellis LLP
Panel: Paul Malie, Counsel, Tucker Ellis LLP; Paul Hugenberg III, Founder and CEO, InfoGPS Networks, Inc.
Discussion Points: Over the past few years, blockchain technology – a platform that uses an incorruptible digital ledger to record, track, and verify transactions – has rapidly grown in prominence. Although best known as the technology that created bitcoin and other cryptocurrencies, businesses of all kinds are discovering and exploring transformative ways to integrate this technology into their business models. This presentation will provide a brief overview of blockchain technology and explore early trends on how blockchain’s technology may come into play in legal transactions, compliance, government regulation, and legal disputes.
Reframing Immigration Reform: Is It Legally Possible to Let the “Good People” In and Keep the “Bad People” Out?
Moderator: Daniel Messeloff, Partner, Tucker Ellis LLP
Panel: Joe Cimperman, President, Global Cleveland; Molly Watkins, Executive Director for International Affairs, Case Western Reserve University; Heather Drabek Prendergast, Immigration Attorney, Aljijakli & Kosseff, LLC
Discussion Points: Immigration reform has come to dominate the news like never before: 30-foot-high walls; parents separated from their children; a nation of immigrants (or not?). This panel discussion will bring welcome legal perspective on the issue of immigration, what is being done about it (whether lawful or not), and possible options for the future.
10:45 to 11:00 a.m. – Break
11:00 a.m. to Noon – Breakout Session 2
Is Your Corporate Compliance Program Up to Par? Strategies for an Effective Compliance and Ethics Program in 2018 and Beyond
Panel: Jayne Juvan, Partner, Tucker Ellis LLP; Gene Cahill, Partner, Forensic Advisory Services, Grant Thornton LLP; Jillian Elizabeth Charles, Senior Attorney, Competition & International Trade Law, Eaton Corporation; Steven Eisenberg, General Counsel, US Acute Care Solutions
Discussion Points: Today, companies of all shapes and sizes are under enormous – and often overwhelming – pressure to comply with countless state, federal, and international laws. This program will explore the latest approaches that companies are adopting to ensure that their compliance and ethics actions speak louder than words. Using real world-inspired examples, we will engage in a lively discussion to identify and evaluate the essential elements of an effective compliance and ethics program, the board’s role in these initiatives, and strategies for setting the “tone at the top” to resonate at all levels within an organization.
The Jury’s In: Insight From Those Who Matter Most
Moderator: Knight Anderson, Partner, Tucker Ellis LLP
Panel: Four jurors from recent federal and state court cases; Jill Leibold, Ph.D., Director – Jury Research, Litigation Insights
Discussion Points: There’s no better resource for understanding juror psychology than hearing straight from the jurors themselves. This panel will provide insights into the jury deliberation process and juror perspectives to help trial and in-house counsel more accurately understand jury decision-making. This panel will address:
- What Matters Most: The types of facts, evidence, and testimony that have the greatest influence on jurors in their decision-making
- Technology in the Courtroom: The powerful role of technology in persuading triers of fact
- The “CSI Effect”: Evidence collection and the impact and expectations instilled by crime dramas
- Unintended Consequences: Critical juror observations that aren’t necessarily intended by lawyers
- Behind Closed Doors: What really happens during deliberation in the jury room
Noon to 1:00 p.m. – Lunch
1:00 to 2:00 p.m. – Breakout Session 3
When Your Car Is Smarter Than You
Discussion Points: This panel will provide a fast-moving overview of the current state of technology of autonomous vehicles, including explaining the shift to artificial neural networks, an assessment of applicable federal and state regulations, an exploration of the ethical issues raised by autonomous vehicles, and a discussion of how autonomous vehicles may change the nature and scope of motor vehicle accident litigation for commercial fleets.
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ERISA Hot Topics: Key Risks and Some Opportunities
Panel: Ann Caresani, Partner, Tucker Ellis LLP; Deborah Bracy, Director, Office of Corporate Counsel, Charles Schwab & Co., Inc.; Nancy Farnam, Area Assistant Vice President, Compliance Counsel, Gallagher
Discussion Points: This panel will spotlight what they are seeing in the marketplace and in litigation – key emerging retirement plan and health care plan issues that counsel should be discussing with their employee benefits manager, CFO, and risk manager. For example, the huge new penalties that the IRS and Department of Labor are demanding with respect to health care plans are causing alarm.
2:00 to 2:15 p.m. – Break
2:15 to 3:15 p.m. – Breakout Session 4
Mission Impossible? Protecting Data and Mitigating Litigation Risk in the World of Biometric Authentication Technology
Discussion Points: This panel will discuss the increasing use of biometric authentication technology such as finger and facial recognition, and technological advances that may help protect biometric data. We will also discuss the inception of biometric privacy lawsuits, including the Facebook and Google class actions, potentially applicable state biometric privacy acts like the Illinois Biometric Information Privacy Act, and class action-specific trends and issues related to data security and biometrics. Lastly, we will cover the risks, privacy laws, and consents required to arm employers and other biometric data users with knowledge of the traps for the unwary.
“It Gets Better, Doesn’t It?” Recent Developments in LGBT Workplace and Public Accommodations Protections
Moderator: Brian Brookey, Partner, Tucker Ellis LLP
Discussion Points: While the outlook for LGBT rights looked sunny for the better part of the last decade, recent events – including issuance of a ban on transgender military service, new policies seeking the expansion of religious freedoms under federal law, and the appointment of judges who may take a dim view of recent LGBT victories – have left many with dampened spirits. And then Justice Anthony Kennedy, a longtime champion of LGBT rights, announced his retirement. Despite these setbacks and the prospect of a socially conservative Supreme Court, there is still progress to report, and advocacy groups are shifting strategies to ensure that there is no backward slide on LGBT rights. This panel will address the developments, as well as the overall trajectory of LGBT rights, so that businesses can make informed decisions regarding the best employment and customer-service practices going forward.
3:15 to 3:30 p.m. – Break
3:30 to 4:30 p.m. – Breakout Session 5
Confidentiality in Settlements Is Not Dead! (1.0 Ethics)
Speaker: Sanford Watson, Partner, Tucker Ellis LLP
Discussion Points: Developing a settlement agreement with enforceable confidentiality provisions is still possible without undermining counsel’s ethical obligations under Prof. Cond. R. 5.6. This presentation will examine the Ohio Board of Professional Conduct’s Advisory Opinion 2018-3, Settlement Agreement Prohibiting a Lawyer’s Disclosure of Information Contained in a Court Record. Analysis of how the Board and the rules define what is part of the “Court Record” will be a key factor in composing settlement agreements. Contrary to what some may argue, the opinion does not suggest a blanket prohibition against all confidentiality.
We will also examine potential rule changes in response to this opinion. Striking the right balance will be important. Consideration must be given to a lawyer’s obligation to abide by a client’s decision to settle under Prof. Cond. R. 1.2, and the lawyer’s obligation to maintain client confidentiality under Prof. Cond. R. 1.6. Undue weight should not be given to a Plaintiff’s lawyer’s right to practice.
Finally, this presentation will look at practical steps that can be taken to protect the confidentiality of proprietary information by utilizing the court rule during discovery as well as during settlement negotiations and in the drafting of settlement agreements.
Protecting Your Innovation from A to Z
Moderator: Sandra Wunderlich, Partner, Tucker Ellis LLP
Discussion Points: Be prepared to be entertained as you learn about the various types of IP protection available for a new product or service and how to avoid simple mistakes commonly made by those not practicing in this area of the law. Follow the journey of an exciting new product from inception to monetization to learn about the various intellectual property protections available for innovation and the pros and cons of each. The discussion will address the following topics:
- Patents/Trade Secrets: Should I obtain a patent or rely upon trade secret protection? If I want to patent it, what are some common mistakes that would preclude the ability to patent my idea?
- Trademarks: What should I consider when choosing a name? How do I make sure others cannot use it?
- Infringement: Hey! Another company is using my name. Can I stop them? Can I use a logo similar to another as long as nobody is likely to think it is from the same company?
- Copyrights: Why should I spend the money to register a copyright? What can be copyrighted?
- Monetizing the Invention: How can I make money on my invention? Should I sell it, or license it?
4:30 to 6:00 p.m. – Networking Happy Hour