november

8-112 0 1 7

boca raton, Florida

corporatelabor and emploYment

coUnSele x c l u s i v e®

Join us for an intensive and interactive seminar focused on labor and employment law issues facing today’s in-house counsel.

Boca Raton Resort & Club, a Waldorf Astoria Resort501 East Camino RealBoca Raton, FL 33432(561) 447-3000

coSt$895 per person for clients$1,395 per person for non-clients

reGiStration See back cover

CLE (including ethics, professionalism, and elimination of bias credits) will be requested for this program.

Ogletree Deakins Welcomes You to Our Fifth Annual corporate labor and emploYment coUnSel exclUSive Seminar

corporatelabor and emploYment

coUnSele x c l u s i v e®

WedneSdaY november 8, 2017

6:30 – 9:00 p.m. Sitting on the Dock of the Bay Welcome to Boca Raton! After your day of travel, it’s time to unwind and connect with colleagues over refreshments and dinner at the resort’s beautiful marina. Join us for a relaxing start to a great program.

thUrSdaY november 9, 2017

7:00 – 8:30 a.m. Registration and Breakfast

8:30 – 8:45 a.m. Opening and Welcome JamesM.McGrew(Atlanta)•C.MatthewKeen(Raleigh)

8:45 – 9:30 a.m. Mr. Trump Goes to Washington: Labor and Employment Developments in the First Year of the Trump Administration ThepresidentialelectionheraldedamajorshiftinWashington,D.C.Muchhasalreadychangedfor employers, and more is on the way. Join our panel of practitioners and Washington insiders as they discuss the very latest on what has happened so far on the labor and employment law front, what is likely to come, and how employers are impacted. Moderator: Joseph L. Beachboard (Torrance) Speakers: HaroldP.(Hal)Coxson(Washington,D.C.)•JoelA.(Buddy)Daniel(Greenville) RuthieL.Goodboe(Detroit(Metro)/Pittsburgh)•SarahJ.Hawk(Raleigh) JeffreyC.Londa(Houston)

9:30 – 10:15 a.m. When the Hammer Falls: Big Verdicts of the Last Year and How to Avoid Them $20,000,000…$35,500,000…$51,600,000…The past year has seen a host of multi-million dollar verdicts in employment cases. The causes of action include age and race discrimination, retaliation, whistleblowing, a variety of wage and hour claims, and more. Eight-figure awards have been issued in both individual and collective actions and in multiple jurisdictions, with punitive damages significantly increasing the bottom line in some states. This session will explore the claims that led to these whopping verdicts, the issues facing in-house lawyers when high-dollar or high-profile cases arise, and how employers can potentially reduce their exposure to litigation and liability. Moderator: CynthiaA.Bremer(Minneapolis) Speakers: AnthonyB.Byergo(Seattle/KansasCity)•BrettStrand,Senior Counsel for International Operations,3MCompany•VinceM.Verde(OrangeCounty)

10:15 – 10:30 a.m. Break

10:30 – 11:15 a.m. The Avalanche Is Here: The Latest on Pay Equity Legislation, Audits, and Litigation Pay equity remains a key issue for in-house counsel today as the momentum of legislation, regulation, and corporate audit initiatives focused on pay disparities continues to grow. What are the top issues to consider for pay equity audits? What is the latest on pay equity litigation, and what lessons can in-house counsel learn? This session will discuss pay equity audits, as well as recent pay equity developments and associated litigation—where the cases are being filed, theories and defenses raised, and key takeaways from the courts’ rulings. The panel will also discuss common fact issues that arise, including what have been found to be legitimate factors justifying pay differentials, how much of a differential is too much, and what jobs are substantially similar. Moderator: BryantS.McFall(Dallas) Speakers: LaraC.deLeon(SanAntonio/OrangeCounty)•ScottPeartree,Senior Corporate Counsel, CiscoSystems,Inc.•LizS.Washko(Nashville)

11:15 – 11:45 a.m. “The Never-Ending Story”: Litigating Retaliation Claims Howoftendoyouseeanagencychargewithoutaretaliationclaim?Chancesarenotveryoften given the continuing increase in these claims. To make matters more challenging, many court decisions on retaliation seem more plaintiff-friendly than those decisions involving the underlying discrimination claims. This session will discuss how to develop an effective litigation strategy when defending against retaliation claims, including key tips for deposing the plaintiff, avoiding additional retaliation claims during litigation, and winning these often difficult-to-defend suits. Moderator: Hardy R. Murphy (Los Angeles) Speakers: ShafeeqaW.Giarratani(Austin)•W.ScottHardy(Pittsburgh)

thUrSdaY november 9, 2017 (continUed)

11:45 a.m. – 1:15 p.m. LUNCH AND KEYNOTE ADDRESS: Top Cyber Scams: How to Keep Your Company From Becoming a Victim You’ve probably heard of the following phishing scenario, which has become all too common: Scammers posing as a company’s CEO or other high-level executive send authentic-looking email messages directing the CFO, CAO, or HR Director to initiate a financial transaction or transfer employee data. Other scams begin with a well-crafted “spear phishing” email to an unsuspecting employee. How can in-house counsel help protect their companies from these and other common scams? Join Chris Swecker, former Assistant Director of the FBI’s Criminal Investigative Division, as he discusses the most common cyber scams targeting companies and the steps that can be taken to protect organizations from the liabilities associated with these scams. Speaker: Chris Swecker, Corporate Security Consultant and former Assistant Director of the FBI’s Criminal Investigative Division

Introduction by: Charles B. Baldwin (Indianapolis)

1:15 – 1:30 p.m. Break

1:30 – 2:30 p.m. BREAKOUT SESSIONS—SERIES 1

1. The Dizzying Array of State and Local Employment Laws: Round 1— Leave Entitlements The number of state and local leave laws continues to grow, leaving in-house counsel with the daunting task of managing compliance with a patchwork of federal and local laws. With states and localities passing new laws covering everything from paid sick leave to parental leave, drafting policies that cover the varying requirements is more challenging than ever. Join us for a review of the important issues in-house counsel must consider when drafting, implementing, and managing leave policies. Speakers: Matthew K. Johnson (Greenville) • Robyn Ruderman, Director, Corporate Counsel, Labor & Employment, Starbucks Coffee Company Charles L. Thompson, IV (San Francisco)

2. Under Review: The Future of Traditional Performance Appraisals A growing number of companies have made headlines for abandoning their traditional (and often dreaded) annual performance reviews and ratings systems and replacing them with new approaches, like informal conversations, real-time apps, and crowdsourced feedback. What are the pros and cons of doing so? How are companies determining pay raises and bonuses without ratings? What should in-house counsel advise company leadership and HR about this area? This session will discuss the key legal issues for in-house counsel when considering a shift away from traditional performance review systems. Speakers: Lori A. Bowman (Los Angeles) • Michael P. Sayne, Director of Legal, Labor Relations, Pilot Travel Centers LLC • Penny C. Wofford (Greenville)

3. Today’s ADA Challenges: Managing the Expansion of Accommodations While advising HR managers on the reasonable accommodation process is nothing new, the number and types of accommodations seem to be growing each year. This presents challenges for in-house counsel, who must balance multiple issues, including how to respond to novel accommodation requests, as well as how to identify and handle requests that may create an undue hardship on the company. Join this session for a discussion on how duties to accommodate have been expanded and lessons that can be learned from the latest ADA cases. Speakers: Christopher H. Hahn, Vice President, Employment Law, Dell Inc. Gregg M. Lemley (St. Louis) • Jimmy F. Robinson, Jr. (Richmond)

(Breakout Sessions continued on next page)

4. Death by a Thousand Cuts: Managing Litigation on Multiple Fronts The scenario goes like this: A company faces multiple lawsuits on the same—or similar— issues in different jurisdictions. Many times, the same plaintiffs’ counsel is filing the cases, albeit with different plaintiffs. The company has become a target and managing these serial lawsuits can prove incredibly challenging for in-house counsel and put enormous strain on legal departments. This session will discuss key strategies and best practices for effectively managing serial litigation. Speakers: S.RaeGross(Detroit(Metro))•KevinJ.Kinney(Milwaukee) Gerald L. Walden, Jr., Assistant General Counsel,TheFreshMarket,Inc.

5. From Hello to Goodbye: Top Executive Compensation Issues Attractingandretaininghigh-calibertalentintheC-suiteiscrucialtothesuccessofanyorganization, regardlessofitssize.Ofequalimportanceisthepropertransitioningofseniorexecutivestoensure thecontinuityofanorganization’soperationsandthesmoothsuccessionofleadership.Incentive compensation and severance are among the most important considerations in these matters. The amounts involved are larger, the arrangements are more complex, and the risks are greater for both sides. This session will focus on the key compensation and corporate governance issues that arise at these important transition points and will offer insights on properly structuring such arrangements. Speakers: RosemarieFalcone,Deputy General Counsel,EntergyServices,Inc. JohnA.Morrison(Atlanta/NewYork)•VickiM.Nielsen(Washington,D.C.)

2:30 – 2:45 p.m. Break

2:45 – 3:45 p.m. BREAKOUT SESSIONS—SERIES 2

1. The Dizzying Array of State and Local Employment Laws: Round 2—Marijuana and Other Drug Laws Join us for a discussion of the tricky (and trippy) differences in local drug laws—the exact variances most likely to trip up the HR departments that in-house counsel advise. The session will discuss the unique and varied local laws, the interplay between medical marijuana and disability claims, drug testing and workplace safety, prescription drug issues, and more. Attendees will learn helpful takeaways to use in educating their own team to identify pitfalls before they stumble into them. Speakers: Joanna Brody, Corporate Counsel-Americas,Vestas–AmericanWindTechnology,Inc. RaynaH.Jones(Phoenix)•MarcL.Zaken(Stamford)

2. Harassment on High: When the Perpetrator Holds the Power in the Workplace A spate of recent news stories highlights a troubling fact pattern in some workplaces: an employee alleges sexual harassment by the company’s high-level executive. A number of challenging issues arise for in-house counsel when the alleged perpetrator is a person in a position of power at the organization.Whoshouldinvestigatetheclaim?Wasanyoneelseawareofthisconduct?Istherea broader problem with the corporate culture that should be addressed? This session will examine theseandotherissuesthatmayarisewhentheharasseroccupiestheC-suite. Speakers: PeterO.Hughes(Morristown)•KerriS.Reisdorff(KansasCity)

3. One Problem, One Continent, Three Countries: Employment Solutions for North America This session will give attendees a chance to explore how individual scenarios may play out dramaticallydifferentlyintheU.S.,Canada,andMexico—andhowtoweighthosecompeting interestsinfindingasolution.Ourspeakerswilladdressoneofthemostdauntingtasksin-house counsel face: navigating cross-border compliance in the face of contrary—and sometimes conflicting—laws.WewilldiscussthesignificantdifferencesbetweenlawsacrossNorthAmerica, and the practical considerations for in-house counsel dealing with these issues. Speakers: HughA.Christie(Toronto)•CarolynA.Knox(SanFrancisco) KarenSanford,Chief General Counsel, Sr. Vice President,IntrawestResortHoldings,Inc. PietroStraulino-Rodriguez(MexicoCity)

corporatelabor and emploYment

coUnSele x c l u s i v e®

4. Arbitration Update: The Latest on Enforcement, Class Action Waivers, and More Arbitration programs remain a hot topic for in-house counsel, especially given the much-anticipated decision from the Supreme Court of the United States on the validity of class action waivers. Still, there are many other important considerations related to arbitration agreements in addition to the class action waiver issue, including the use of forum selection clauses and preliminary injunctions. Join this panel, which includes the attorney who handled the landmark D.R. Horton case, as they discuss the impact of the Supreme Court’s decision on class action waivers and high-level strategies for implementing or improving employment arbitration programs. Speakers: David M. Benck, Vice President & General Counsel, Hibbett Sporting Goods, Inc. RonChapman,Jr.(Dallas)•ChrisR.Pace(KansasCity)

5. Emerging Issues in Unfair Competition and Trade Secrets Law How to protect your company from unlawful competition, employee poaching, and trade secret theft is a complex issue—with the arrival of the Defend Trade Secrets Act, the enactment of numerous state laws, and the interpretation of these laws in federal and state courts. In-house counsel face the task of implementing agreements that both comply with these laws and protect the company’s legitimate business interests. Join us for an examination of emerging issues, such as what constitutes consideration, which employees may be subject to such agreements, what sorts of restrictions are deemed “reasonable,” and how the answers may differ from state to state. Speakers: JohnC.Glancy(Greenville)•BrianD.McCarthy,Chief Employment Counsel, ArthurJ.Gallagher&Company•DanielleOchs(SanFrancisco)

3:45 – 4:00 p.m. Break

4:00 – 4:30 p.m. Generations Y and Z, the Gig Economy, and New Employment Strategies Millennials are now the largest generation in the U.S. workforce. In the meantime, Generation Z members have become the largest percentage of the U.S. population and are entering the workforce in significant numbers. Both of these groups are a huge part of the growing gig economy, and for in-house counsel, it is important to craft compliance and employment strategies around the realities of the new workforce. Join our panel for a discussion of how to steer an organization through the many legal regimes that these changes—and reactive regulation— affect, such as organized labor, employee benefits, workplace safety, and wage and hour. Moderator: JosephT.Clees(Phoenix) Speakers: JenniferL.Colvin(Chicago)•RobertEdmund,Chief Performance, Legal & Risk Officer, KforceInc.•ThomasM.McInerney(SanFrancisco)

4:30 – 5:15 p.m. The Employment Law Challenge Wrap up the day by testing your knowledge of key labor and employment law issues and scenarios. Questions (and answers) for the audience will involve complex, real-life situations coveringawiderangeoftopics,includingtheFamilyandMedicalLeaveAct,theAmericanswith DisabilitiesAct,theFairLaborStandardsAct,andtheNationalLaborRelationsAct. Moderator: WilliamE.Grob(Tampa) Speakers: David Cohen, General Counsel, Tampa Bay Buccaneers Michael D. Mitchell (Houston/Miami) MylesPistorius,Senior Vice President, General Counsel, Miami Dolphins

5:15 p.m. Closing Remarks

6:00 – 9:00 p.m. Reception and Dinner—Palm Court and Cathedral Room After a full day of sessions, relax with your colleagues over refreshmentsjuststepsfromthewaterinthePalmCourt, followed by dinner in the elegant and unique Cathedral Room.

thUrSdaY november 9, 2017 (continUed)

FridaY november 10, 2017

7:00 – 8:30 a.m. Breakfast

8:30 – 8:45 a.m. Opening Remarks James M. McGrew (Atlanta)

8:45 – 9:30 a.m. Channeling Sherlock Holmes: Deducing Best Practices for Conducting Workplace Investigations Effectively conducting internal investigations is a crucial step in warding off lawsuits and enhancing the likelihood of success in litigation. However, difficult issues often arise in planning for and conducting the investigation. Who should do the investigation? When and to what does the attorney-client privilege attach? What if an employee assumes that the in-house lawyer represents him or her individually? The panel will discuss these and other common but challenging questions that arise when conducting internal workplace investigations.

Moderator: David M. DeMaio (Miami) Speakers: AnthonyV.Alfano,Vice President and General Counsel, COE-Global Labor & Employment, JohnsonControls,Inc.•Margaret(Meg)C.Alli(Detroit(Metro))•MichaelClarkson(Boston)

9:30 – 10:15 a.m. The New NLRB: Is Change Here…or on the Way? Oneareawherethingshavesignificantlychanged—andalsoremainedunchanged—sincelastyear isorganizedlabor.FormermemberPhilipMiscimarraisnowChairmanoftheNationalLabor RelationsBoard(NLRB),andPresidentTrumphasnamedtwonomineestofillemptyBoard positions.Inaddition,theNLRBGeneralCounsel’stermexpiresinNovember,andtheslotwillbe filledbyaPresidentTrumpappointee.Ourpanelwillprovideananalysisofthekeydevelopments attheNLRB,includingthelatestonambushelections,jointemployerstatus,newunionorganizing tactics, and bargaining considerations.

Moderator: C.ThomasDavis(Nashville) Speakers: RodolfoR.(Fito)Agraz(Dallas/Raleigh)•FloydA.Clutter,Director and Senior Counsel, AlleghenyTechnologiesIncorporated•JacquelineM.Damm(Portland) BrianE.Hayes(Washington,D.C.)

10:15 – 11:00 a.m. Acquisition and Integration: Harmonizing New Voices Into One Chorus When the due diligence is over and the deals are closed, in-house counsel face the challenging task of advising business leaders and HR on integrating the workforces of acquired companies. Advising HRoneffectivelycommunicatingculturalissuesandstandardizingpolicies,practices,andemployee benefitsplansrequiresalotofcarefulplanningandstrategizing.Joinusforadiscussionofthebest practicesandpitfallsofharmonizinganewlyacquiredworkforcefromthosewhohavebeenthere.

Moderator: TrinaR.LeRiche(KansasCity) Speakers: JohnGerak(Cleveland)•KurtA.Level,Associate General Counsel—Labor & Employment, KochCompaniesPublicSectorLLC•AndrewW.Merrills(Raleigh) StephanieA.Smithey(Indianapolis)

11:00 – 11:15 a.m. Break

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corporatelabor and emploYment

coUnSele x c l u s i v e®

FridaY november 10, 2017 (continUed)

11:15 a.m. – 12:15 p.m. BREAKOUT SESSIONS—SERIES 3

1. The Dizzying Array of State and Local Employment Laws: Round 3—Wage and Hour Requirements Tricky payroll procedures, unique overtime laws, a welter of mismatching minimum wage laws— all obstacles that in-house counsel for multistate employers have to help HR departments navigate. Managing these requirements in addition to the federal obligations that employers faceundertheFairLaborStandardsActgetsespeciallycomplicatedwhenincreasingnumbers of local jurisdictions are whipping up their own approaches to wage and hour laws. This session will cover some of the most common wage and hour pitfalls that employers face when seeking to comply with the myriad federal, state, and local requirements. Speakers: MariaGrecoDanaher(Pittsburgh)•AlfredB.Robinson,Jr.(Washington,D.C.) EricZion,Senior Counsel,BaxterInternational,Inc.

2. In-House Counsel’s Role in Protecting Employers From Protected Concerted Activity Claims Whentheprotectedconcertedactivity(PCA)rulesarealwayschangingandtheregional enforcement is inconsistent, when employees carry sophisticated devices with video/voice recorder/cameras in their pockets (doing double duty as phones), and when humans remain as profane as ever (but, now it happens on webpages accessible everywhere by everyone), in-house counsel cannot assume that last year’s policies will work in this year’s handbook. Balancing ongoingbusinessinterestswithevolvingPCAcompliancebecomesmorecomplicatedallthe time, and this tightrope walk is one that requires legal to weigh in—big time. Get the latest updates and insights on how best to steady the course for your team. Speakers: MariaAnastas(LosAngeles)•LanceA.Bowling,Senior Associate General Counsel, CB&I,Inc.•CharlesE.Engeman(St.Thomas)

3. Emerging Issues on Borders, Compliance, Data, and Elections for European Operations As porous borders harden, elections turn in surprising and contrary directions, and new compliancerequirementspileup,in-housecounselstrategizingaboutEuropeanoperationsmay getwhiplash.Inmid-2018,in-housecounselforemployerswithEuropeanoperationswillneed to have confidence that their HR data is compliant with the General Data Protection Regulation, have adjusted to evolving Brexit measures, and be ready with new backup plans as rules for travel and mobility shift. Join our panel of lawyers from Europe, who routinely face these new challenges as they discuss how in-house counsel can prepare. Speakers: Jean-MarcAlbiol(Paris)•Dr.UlrikeConradi(Berlin)•SimonJ.McMenemy(London)

4. Data Makes the Work Go Around: Engaging Employees to Prevent Data Loss Technological developments and employee turnover are inevitable. Effective, people-focused datalosspreventionprograms,however,canminimizeorganizations’databreachliabilityand help them limit and respond to threats to secret information and personal data. Enlisting employee assistance in protecting confidential and sensitive employee data is essential. This session will explore the cybersecurity issues companies routinely face and will provide attendeeswitheffectivestrategiestodeploywithHRandITteamstopreventdatalossand nimbly respond to data security threats. Speakers: GrantD.Petersen(Tampa)•ChrisSwecker,Corporate Security Consultant and former Assistant DirectoroftheFBI’sCriminalInvestigativeDivision DanielleVanderzanden(Boston)

5. AAPs? OFCCP? Disparity Analyses? What In-House Counsel Need to Know to Navigate the Minefield of Federal Contract Compliance How can you find out if your company or a related entity is a federal contractor? How do you strategicallyprepareEEO-1reportstominimizeregulatoryscrutiny?What’sreallyimportantto focus on in affirmative action programs (AAPs)? What do you do when an audit letter comes in from theOfficeofFederalContractCompliancePrograms(OFCCP)?In-housecounselareoftenfacedwith these questions and many others. This session will provide practical guidance on how to deal with jurisdiction issues, AAPs, audits, and compliance hot spots to be well-prepared to make strategic decisions that can be critical in establishing legal defenses and meeting compliance obligations. Speakers: GretchenW.Ewalt(Raleigh)•LeighM.Nason(Columbia)

12:15 – 1:45 p.m. LUNCH AND KEYNOTE ADDRESS: A Look Ahead: Topics and Trends Shaping the Future of the Legal Department What’sinstoreforin-houselegaldepartmentsofthefuture?Innovative,forward-thinkingcompanies likeFacebookarepavingthewayinmanyareas,includingthelegaldepartment.JoinAshleyJames, Facebook’sLeadEmploymentCounsel,asshediscussestrendsshapingin-houselegaldepartments, ways they might change the industry, and how in-house counsel can prepare.

Speaker: Ashley G. James, Lead Employment Counsel,Facebook Introduction by:DanielleOchs(SanFrancisco)

1:45 – 2:00 p.m. Break

2:00 – 3:00 p.m. BREAKOUT SESSIONS—SERIES 4

1. The Dizzying Array of State and Local Employment Laws: Round 4— Background Checks and Guns in the Workplace The number of states and localities passing laws related to background checks and weapons in the workplace continues to grow, and employers must continually engage in the delicate balancing act ofprotectingtheircompanieswhileavoidingliabilityunderstateandlocallaws.From“banthe box”lawsrestrictingacompany’sabilitytoaskaboutanapplicant’scriminalhistoryto“parking lot” laws regulating an employee’s ability to keep firearms in his or her car on company property, themazeofstateandlocallawscontinuestobecomeincreasinglycomplex.Thissessionwill discuss strategies and best practices for compliance with the myriad laws, as well as the impact of new developments and trends. Speakers: TobiasE.Schlueter(Chicago)•StephenR.Woods(Greenville)

2. You Make the Call: Ethical Dilemmas for In-House Counsel (One hour of ethics CLE credit may be available) In-housecounselfaceuniqueandchallengingethicalquandaries,fromdiscerningwhoexactly is—and is not—the client to handling issues concerning potential legal violations. Attendees will be faced with difficult scenarios and polled on the proper decision when faced with a tough ethical dilemma. The panel will discuss the model rules implicated and provide practical advice on handling these important situations. Speakers: PaulLancasterAdams(Philadelphia)•WilliamMichaelBattle,Senior Director-Legal, HCLAmerica,Inc.•TheresaDonahueEgler(Morristown)

3. Today’s OSHA: Keeping Up and Catching Up With Workplace Health and Safety Developments The past year saw many contradictory developments in the area of workplace safety. As 2016 ended, OSHAcontinuedtoaggressivelypublicizeviolationswitha“nameandshame”practice;theagency waspreparingtoenforcenewregulationsrequiringelectronicrecordkeeping;andtheadministration had issued a regulation restoring the agency’s right to bring charges for up to five and a half years. But 2017 brought changes, which included the rollback and delay of many new regulations and the reversalofsomeenforcementpolicies.Inthissession,ourOSHApractitionerswillbreakdownthese and other developments and help attendees be prepared for the future. Speakers: MelissaA.Bailey(Washington,D.C.)•EricE.Hobbs(Milwaukee)

corporatelabor and emploYment

coUnSele x c l u s i v e®

(Breakout Sessions continued on next page)

4. Staying Classy: Latest Updates and Trends in Class and Collective Actions Employment-related class and collective actions continue to be filed in droves, and defending these actions is increasingly complex, time-consuming, and expensive. This session will cover the latest trends and issues related to class litigation, including recent federal and state court rulings, new theories and approaches by plaintiffs’ counsel, and key strategies for managing the bewildering challenges presented by class action litigation. Speakers: A.CraigCleland(Atlanta)•SharonP.Margello(Morristown)

5. Stopped at the Border? How Recent Immigration Actions Affect the Workplace ImmigrationfiguredasacenterpieceforPresidentTrumpduringhiscampaign,anditcontinuesto bethefocalpointforanumberofexecutiveordersandproposedregulatorychanges.EvenU.S. citizensmaybeimpacted—forexample,recentstatementsbytheadministrationcombinedwitha more assertive use of authority to conduct searches at the border have raised concerns about how these searches could place proprietary, privileged, or sensitive personal or corporate information at risk. This session will explore the key immigration-related legislative and regulatory changes that havebeensetinmotion,discussstepsin-housecounselcantaketoprotecttheirorganizations’ interests, and highlight the considerations that employers should consider when preparing for a period of ongoing change. Speakers: LeeGibbsDepret-Bixio(Columbia)•AndrewW.Merrills(Raleigh)

3:00 – 3:15 p.m. Break

3:15 – 4:00 p.m. The Three Ps of the 30(b)(6) Deposition: Preparation, Preparation, and Preparation Given the unique nature of Rule 30(b)(6) depositions, significant challenges and pitfalls for in-house counselcanensue.Itisessentialthatthepartiesunderstandtheirrolesandresponsibilitiesina 30(b)(6) deposition, which can prove critical to litigation strategy. This session will discuss best practices and key strategies for in-house counsel when preparing for a 30(b)(6) deposition, including selecting the proper deponents and thoroughly educating the designee. Moderator: ChristopherE.Moore(NewOrleans/Houston) Speakers: TheoCiupitu,Executive Vice President and General Counsel,JackCooperHoldingsCorp. andJackCooperTransportCompany,Inc.•AnneE.Larson(Chicago) David P. Thatcher (Atlanta)

4:00 – 4:45 p.m. Twists and Turns: Legal Strategies for the Most Complex Leave Issues Under the FMLA and ADA In-housecounselareoftencalledupontountanglethemostcomplexandmuddledleaveissuesfor HRandOperations.Fromintermittentleavetoleaveasareasonableaccommodation,manysituations thatariseundertheADAandFMLA(andintheinterplaybetweenthetwo)canbevexingforeventhe most experienced in-house counsel. This session will explore strategies for navigating challenging leave issues under federal law, as well as practical lessons that can be gleaned from the most recent case law. Moderator: BrianL.McDermott(Indianapolis) Speakers: ChristinaJ.Fletcher,Associate General Counsel, Penske Betsy Johnson (Los Angeles) MichaelM.Shetterly(Greenville)

4:45 p.m. Special Drawing and Closing Remarks

5:30 – 7:00 p.m. Under the Stars at the Garden Pool CloseoutyourFridayrelaxingpoolside!Thehotel’sbeautiful Garden Pool provides the perfect backdrop for a memorable reception that you won’t want to miss.

FridaY november 10, 2017 (continUed)

corporatelabor and emploYment

coUnSele x c l u s i v e®

SatUrdaY november 11, 2017

8:00 – 9:00 a.m. Breakfast

9:00 – 10:00 a.m. WASHINGTON WATCH Get an inside glimpse of what’s happening in the Beltway without having to deal with all of the traffic! Nowthatyou’velearnedaboutthelatestlaborandemploymentpolicychangescomingoutof Washington,D.C.,stickaroundtohearaboutthepoliticalmaneuveringsbehindthesechangesand whatpoliticaldealsmightbestruckinthefuture.JoinOgletreeDeakins’SeniorGovernmentRelations CounselJamesPlunkettashedrawsuponhisrecentexperienceasLaborPolicyDirectorattheU.S. ChamberofCommercetoexploretheever-changingpoliticalarenainournation’scapitalandhowit may impact your company. Speaker:JamesJ.Plunkett(Washington,D.C.),formerDirector of Labor Law Policy, U.S.ChamberofCommerce

10:00 – 10:15 a.m. Break

10:15 – 11:15 a.m. BREAKOUT SESSIONS—SERIES 5

1. Emerging From the Shadows: Avoiding Unconscious Bias in the Legal Department— and the Workplace (One hour of CLE Professionalism and Elimination of Bias credit may be available) While the existence of unconscious bias is inevitable, the way we deal with hidden biases in the workplace is enormously important. Rapidly changing demographics within our employee ranks, as well as an increasingly diverse customer base, means that identifying and managing unconscious bias in the workplace is a key business skill. Join this session for an interactive look at real-life scenarios in which in-house counsel must work through difficult situations in order to understand how unconscious bias may influence their decisions and interactions with others in the workplace. Participants will come away with concrete examples and tools to help them foster a diverse and inclusive workplace. Speakers: SimoneR.D.Francis(St.Thomas)•KatrinaGrider(Houston)

2. “Unreel” Ethics (One hour of ethics CLE credit may be available) Many of the difficult ethical situations facing in-house counsel on a daily basis are already represented inpopularmoviesandtelevisionshows.Inthisinteractivesession,thepanelistswilldiscussexamples of ethical dilemmas in the workplace by examining how these situations are portrayed on film—and, more importantly, how they should be addressed in real life. Using classic movie scenes to introduce ethicstopicssuchasthechallengesofrepresentingorganizationalclients,avoidingconflictsof interest, dual representation, and protecting privilege, the panelists will promote an interactive and entertaining discussion where attendees will apply the principles reflected in the scenes to the ethical questions that in-house lawyers face. Speakers: MichaelR.Buchanan(Dallas)•KathyDudleyHelms(Columbia)

3. Off the Record: A Roundtable Discussion of “The New Normal” The challenges facing corporate legal departments continue to shift and expand. When expectations changeswiftly,thebuzzword“thenewnormal”isoftenusedtocharacterizeachallengethatmustbe accepted immediately. Examples include value-based fee arrangements, alternative strategies for procurement of legal services, diversity holdbacks, predictive analytics and other technological “improvements,”anduseofsoftwareinvoicingplatforms.Thisroundtableisanoff-the-record opportunity to share ideas and experiences with your colleagues, while we discuss whether these changes are, in fact, the new normal. Speakers: RodneyA.Harrison(St.Louis) KarenL.Vossler,Managing Counsel, Employment Law,NestléUSA,Inc.

reGiStrationOnline: www.ogletree.com/our-programs

Email: ODEvents@ogletree.com

hotel reServationSHotelreservationscanbemadebycalling(888)543-1224orby visiting the hotel’s website at https://aws.passkey.com/event/48961380/owner/8969/home.OurOgletreeDeakinsspecial group rate is $235 per night. We have also negotiated a waived resort fee. A limited number of rooms are available, so please make your reservation as early as possible. ReservationsmustbemadebyWednesday,October18,2017,to receive this special group rate.

Note:Yourcreditcardwillbechargedaminimum deposit of one night’s room and tax at the time of reservation.

cle CLE (including ethics, professionalism, and elimination of bias credits) will be requested for this program. Please email any CLE-related questions to cle@ogletree.com.

boca raton reSort & clUb,a WaldorF aStoria reSort501 East Camino RealBoca Raton, FL 33432(561) 447-3000

coSt$895 per person for clients

$1,395 per person for non-clients

corporatelabor and emploYment

coUnSele x c l u s i v e®

Registration Information

november

8-112 0 1 7

boca raton, Florida