litigation forum corporate - consero group · 2019-10-16 · o customer and market allocation...

Corporate Litigation Forum

October 13–15, 2019 | Four Seasons Hotel | Westlake Village, CA#ConseroLitigation

October 13–15, 2019 | Four Seasons Hotel | Westlake Village, CA | #ConseroLitigation

Thank You To Our Advisory Board

Hannah Rogers

Assistant General Counsel, Litigation

Principal Financial Group

Tom Bowes

Senior Corporate Counsel

Precision Drilling

Cathy Spicer

Senior Vice President, Deputy General Counsel, Litigation & Contracts

Tailored Brands

Calvin Siemer

Senior Vice President and Deputy Global General Counsel

Las Vegas Sands Corp.

Cory Feinberg

Associate General Counsel and Head of Global Litigation

MoneyGram

Gerald Walden Jr.

Interim Head of Legal

The Fresh Market, Inc.

Kate Willmunder

Employment Attorney

Safran Cabin


Ryan Marks


AMN Healthcare, Inc.

Emerging Trends & Hot Topics In Litigation

Daniel Altman

Senior Counsel

Oncor Electric Delivery Company

Gregory Jackson

Senior Director, Legal Affairs

NuVasive

Colin Ward

Associate General Counsel and Head of Litigation

Viasat Inc.

MODERATOR:

Jane Allen

Principal

PwC


o Law department digital transformation

o The value of information

o Enhancing diversity, equity, and inclusion in the legal profession

o The lawyer of 2025

Emerging Trends & Hot Topics In Litigation


Best Practices For Protecting The Attorney-Client Privilege For In-House Counsel

Hannah Rogers

Assistant General Counsel, Litigation

Principal Financial Group

Alexa Summer

Senior Counsel, Litigation

Airbnb, Inc.

Calvin Siemer

Senior Vice President and Deputy Global General Counsel

Las Vegas Sands Corp.

Timothy Lucey

Director and Chief Counsel, Litigation

Pacific Gas and Electric Company

MODERATOR:

Victor Johnson

Member

Dykema


In-house lawyers play a trusted advisor role in the day-to-day activities of the company in a manner very different from outside counsel. Depending on the size of the company, in-house counsel might work with everyone from new hires to sales teams, to personnel performing internal business functions (e.g., Human Resources or Procurement), to the Audit Committee and the Board of Directors. In-house counsel are also brought into the thick of sensitive situations at the corporation, such as internal audit investigations, disputes, regulatory matters, and litigation. Protecting the attorney-client privilege is:

o Defining the privilege: Who is the attorney and who is the client?

o What is privileged? What are the best practices to make distinctions between business advice and legal advice? How can discoverable facts and privileged communications be distinguished?

o What are the best practices to take to attempt to preserve the attorney-client privilege in communications?

o What are the best practices to take to attempt to avoid waiver?

o How can in-house counsel prepare to address the privilege issues that arise during litigation and depositions?

o Dealing with special issues such as: Special Committees; Parents and Subsidiaries; Merger & Acquisitions; Disclosure to non-“control group” employees; and Accountants, Auditors, Bankers, and Consultants

Best Practices For Protecting The Attorney-Client Privilege For In-House Counsel


Uncovering The True Cost Of Litigation: Looking Beyond Billing Guidelines To Understand Key Cost Drivers, Set KPIs & Measure Success

Lindsay White

Director, Global Litigation & Investigations

Applied Materials

Amanda Childs

Senior Counsel

7-Eleven, Inc.

MODERATOR:

Twilla Case

Vice President, Global Legal Solutions

UnitedLex

Jiyon Yun

Associate General Counsel

ABM Industries Incorporated

Bryan Rohm

Assistant General Counsel, U.S. Major Claims & Litigation

Total


In this informative and interactive session, the panel will present a deep dive into analyzing and understanding the total cost of litigation and investigations. Using real-life business examples, the topics for discussion will include:

o Quantifying the total cost of litigation and investigations;

o Alternative ways to analyze litigation spend and effectiveness;

o Identifying the key metrics that drive litigation spending (you can’t manage what you can’t measure);

o Enforcing your outside counsel billing guidelines while freeing up your litigation team to focus on strategy instead of line-item invoice review;

o How to move beyond the hourly rate model and establish AFAs that work; and

o A case study with metrics and benchmark data that is driving a 40+% reduction in litigation discovery spending across an entire litigation portfolio.

Uncovering The True Cost Of Litigation: Looking Beyond Billing Guidelines To Understand Key Cost Drivers, Set KPIs & Measure Success


Managing & Trying Major Cases

Komal Patel

Assistant General Counsel

Delta Air Lines

Nicole Bartow

Senior Director, Litigation

Uber

MODERATOR:

Hamilton Hill

Partner

Bartlit Beck LLP

Cindy Sobel

Partner

Bartlit Beck LLP

Michael Glackin


The Dow Chemical Company


The focus of this session is on effective management of high-stakes matters to maximize the probability of a successful outcome. Topics addressed will include:

o What are best practices for assembling and managing the team (which may include multiple law firms) working on a major matter?

o What are best practices for how in-house counsel and the law firm work together during a high-stakes matter?

o How does the approach to discovery differ in high-stakes matters versus routine litigation?

o What can the in-house and outside counsel do to minimize the distraction and time commitment required of senior executives while properly preparing them for depositions/trial?

o Are certain types of fee structures more effective for major cases?

o How can in-house and outside counsel work together to develop the key strategies and tactics for communicating a complex set of issues and facts to a judge and jury?

Managing & Trying Major Cases


o When to use RFPs for legal services

o Key questions all RFPs must include

o Common pitfalls

o Negotiating price

o Picking the winner

KnowledgeBridge™: Requests For Proposal: Creating A Sustainable & Valuable RFP Process For Your Legal Department

MODERATOR:

Sterling Miller

Senior Counsel

Hilgers Graben

MODERATOR:

Michael Hilgers

Founder and Partner

Hilgers Graben


o What are common challenges when considering affirmative litigation, and how can litigation finance help solve them?

o What types of cases are best-suited for litigation finance?

o Are there privilege and discovery-related issues associated with using litigation finance?

KnowledgeBridge™: Litigation Finance: Generating Revenue & Reducing Risk

MODERATOR:

Michael Nicolas

Co-Founder and Managing Director

Longford Capital


Companies spend over $26 billion each year litigating and settling with Patent Assertion Entities (PAEs). This is money that companies are not spending on innovation, R+D, improved manufacturing, etc. Given the convergence of technology, this problem is getting worse over time, particularly in the high-tech, automotive, Cloud/IT, and banking industries.

o How are patent trolls impacting your business? How can you best immunize yourself?

o Where are PAEs acquiring their assets and what type of assets are they buying?

o What are the trends in PAE litigation in the U.S. and Europe? How will the UPC likely affect PAEs?

Protecting Innovation Through Strong Peer Networks: How Are Heads Of Litigation Dealing With The Growing Patent Troll Issue?

MODERATOR:

Ilja Bedner

Vice President of Licensing

LOT Network, Inc.

Nicolas SchifanoSenior Director and Assistant General CounselMicrosoft, Cloud IPPolicy & Strategy


ALSPs, Legal Analytics & AI Within E-Discovery: Today’s Catalysts In Advancing Business Interests

Bonnie Hobbs

Managing Director, Associate General Counsel, Litigation & Dispute Management, Americas

Accenture

MODERATOR:

Katie Harvalis

Director of Delivery

Mindcrest

David Van Havermaat

Chief Counsel, Litigation

Cetera Financial Group

Mustafa El-Farra


Advantage Solutions


o What legal platforms are you using? What should you look for when selecting legal technology tools and alternative legal service providers (ALSPs)?

o How is your legal department leveraging metrics to measure results and facilitate decision-making (e.g., predict litigation costs and budget, assess risk, make business cases in support of proposed actions, assign workloads, assess performance of law firms, etc.)?

o What types of metrics are you using to demonstrate the effectiveness of your litigation strategy?

ALSPs, Legal Analytics & AI Within E-Discovery: Today’s Catalysts In Advancing Business Interests


o Lessons learned and practical tips for the in-house lawyer

o New forms of communication create new challenges for maintaining privilege

o Ethical considerations for communicating with third parties

o Kovel: Maintaining the privilege with outside consultants

KnowledgeBridge™: Attorney-Client & Work Product Privileges: Maintaining The Privileges, New Technologies & Ethical Considerations For In-House Lawyers

MODERATOR:

Mitch Kamin

Partner

Covington & Burling LLP

MODERATOR:

Neema Sahni

Partner

Covington & Burling LLP


o Agreements on price and information sharing between competitors

o Impermissibility of employee “no-poach” covenants in certain contracts

o Customer and market allocation between competitors

o Distribution scenarios viewed as foreclosing supply or excluding competitors

o Antitrust class action litigation and class certification concerns

KnowledgeBridge™: Antitrust Investigations & Litigation: Five “Big” Issues From Inception To Defense

MODERATOR:

Jeffrey Bank

Partner

Wilson Sonsini Goodrich & Rosati

MODERATOR:

Chul Pak

Partner

Wilson Sonsini Goodrich & Rosati


Data Privacy & Breaches: State Of The Law

Neil Schnurbach

Director, Global Litigation

Paysafe Group

Megan Callan

General Counsel

Pacific Science & Engineering Group

MODERATOR:

Ray Bayley

President, Chief Executive Officer and Co-Founder

Novus Law

Drew Yoder


CITGO Petroleum Corporation

Ronak Ray

Vice President, Global Head of Legal & People Operations, and Corporate Secretary

TaskUs


o Legal updates and trends

o Strategies for prevention

o Methods for damage control and managing a breach

Data Privacy & Breaches: State Of The Law


Class Action Trends & Defense Strategies

Lowell Haky


Charles Schwab & Co., Inc.

Shagha Balali

Senior Legal Counsel

WestRock

Kathryn Hermes


Copart, Inc.

Nicole Diaz

Senior Litigation & Compliance Counsel

Snap, Inc.

MODERATOR:

Rob Maguire

Chair, Litigation Practice

Davis Wright Tremaine LLP

Saloni Mavani


Holland America Line, Princess Cruises, Seabourn, P&O Australia & Cunard NA


o What types of class action claims are appearing more frequently?

o What is generating interest for the class action plaintiffs’ bar?

o What are some of the best new tools and strategies for defending class actions?

Class Action Trends & Defense Strategies


Managing #MeToo Media & Litigation

Daniel Flores

Executive Vice President, Litigation

Metro-Goldwyn-Mayer Studios Inc.

Brooks Beard

Vice President and Deputy General Counsel, Litigation, Employment, Cybersecurity & Regulatory Compliance

VMware, Inc.

MODERATOR:

Anne Yuengert

Partner

Bradley

Janie Perelman

Vice President, Assistant General Counsel

Michaels Stores, Inc.

Teresa Burlison

Head of Litigation, Regulatory & Employment Law

Dropbox, Inc.


o How has discrimination litigation changed in the wake of the #MeToo movement?

o In what ways are business considerations and responses different than in years past?

o Should you include a confidentiality provision in settlement agreements?

Managing #MeToo Media & Litigation


Championing Diversity & Inclusion In Your Legal Department

Monica Mosby

Senior Counsel, Commercial Litigation

McDonald’s

Flor Colon

Associate General Counsel and Chief Ethics Officer

Xerox

Gerald Walden Jr.

Interim Head of Legal

The Fresh Market, Inc.

Stephanie Reid


Varex Imaging Corporation

Marcy Heronimus

Associate General Counsel, Litigation

CenturyLink

MODERATOR:

Anne Yuengert

Partner

Bradley


o Perspectives on where we are today regarding diversity, how the situation has improved (or not) over time, and thoughts on persistent barriers to achieving greater diversity in the legal profession and recommendations for overcoming them

o Steps you have taken to identify, mentor, and retain diverse attorneys and other outside service providers

o Strategies regarding setting diversity-related benchmarks for your department to achieve, and enforcement mechanisms you have employed to ensure compliance

o Benefits your company has realized as a result of its emphasis on retaining diverse outside counsel and other legal service providers

o Strategies for hiring diverse legal department staff

Championing Diversity & Inclusion In Your Legal Department


The quickly expanding legal technology landscape covers many different realms, with increasingly more players. Contracts, Knowledge, Documents, Robotic Process Automation, Analytics, Research, E-Billing, Discovery, Privacy, Cyber, Innovation...the list goes on. There are many established, and new players—all vying for your dollars with buzz words and exciting offerings and features. This session will cover practical steps on how to step back to a big picture view, and prioritize your Legal Technology and Data Strategy, and develop an actionable plan and path to meaningful results and successful impact.

KnowledgeBridge™: Defining & Planning A Holistic Technology & Data Strategy + Roadmap

MODERATOR:

Josh Rattan

Partner

PwC


Shifting Corporate Culture From Reactive To Proactive

Ashley Kramer

Operations Counsel

Liberty Oilfield Services

Norma Garcia

Associate General Counsel, International Legal Affairs

Rent-A-Center

Bob Rudnicki

Associate General Counsel, Director of Litigation

Raymond James Financial Inc.

Minh Merchant


Myriad Genetics, Inc.

Bryant Hall

Litigation Counsel

Danaher Corporation

Deryl Ward

Vice President and Associate General Counsel

Builders FirstSource, Inc.

MODERATOR:

Myron Jadwin

Founder and Chief Executive Officer

Managed Discovery


o What is the key reason that most companies are more reactive than proactive? Is it the monetary hurdle, lack of awareness of a problem, or not enough of the right resources?

o What’s the harm in being reactive? What are the benefits in being proactive?

o What are the challenges encountered when trying to shift from reactive to proactive?

o What are the strategies to overcome challenges and facilitate change?

o How do you navigate the political waters when trying to effect change?

Shifting Corporate Culture From Reactive To Proactive


Thank You Consero Attendees!

Upcoming Litigation Events:

Financial Services & Insurance Litigation ForumApril 19–21, 2020

Hyatt Regency Greenwich | Old Greenwich, CT

Corporate Litigation ForumOctober 11–13, 2020

Fashion Island Hotel | Newport Beach, CA