The Chicago general counsel forum: Prior presentations

April/May 2009: Financial crisis: Going from survival to success in difficult times

Topics

• Contracts - Getting It Right From Drafting Through Enforcement
• Proactively Managing Procurement Risk

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February 2009: Financial crisis: Going from survival to success in difficult times

Moderated by: Ian S. Kopelman, Sharie Brown, DLA Piper and Hank Mlynarski, Jonny Frank, Michele Edwards, PwC

• Exploring the impacts of the global financial crisis on your business
• Is your company headed for further turmoil by cost-cutting compliance during the economic crisis?

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October 2008: Coping with legal compliance challenges in BRIC countries and other emerging markets

Moderated by: Arthur L. George, Esq, Sameer Desai, Esq., Preston M. Torbert, Esq., Baker & McKenzie LLP
American companies operating in emerging markets are facing increasing legal challenges and risks under US and foreign laws. On the one hand, the business environment in these countries lacks a "culture of compliance" and corruption, tax evasion, currency control violations and money laundering are common. At the same time, US laws such as Sarbanes-Oxley, the Foreign Corrupt Practices Act, and anti-money laundering and wire fraud laws together with more aggressive enforcement policies by federal authorities have resulted in stricter and more complex compliance requirements, which are difficult to satisfy in such "red flag" jurisdictions.
This forum is designed to help companies caught in this vice navigate this legal minefield, and will feature presentations by four legal experts who advise companies on legal compliance in the leading emerging markets of China, Russia, Brazil and India. They will share their experiences and advice from the perspective of both US and foreign law, covering the specifics of each country as well as themes common to all, and will include a discussion of compliance programs and codes of business ethics.
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August 2008: Managing legal costs and budget predictability through lean Six Sigma

Moderated by: Lisa J. Damon, Esq. Carla J. Goldstein Seyfarth Shaw LLP
Managing legal costs and budget predictability are real issues that require real solutions. As the cost of legal services has risen and the pressure on companies has intensified, these issues have become increasingly acute. In 2006, Seyfarth set out to raise the bar in addressing these challenges by adopting Lean Six Sigma methodologies in several of our practice areas with the goal of working with our clients to improve collaboration, communication, and efficiency. The application of this process-driven methodology involved mapping the delivery of services, identifying areas where efficiencies could be gained, and allowed us to better predict costs for our clients. The result: an innovative approach to partnering with our clients to create a different kind of working relationship that drives value. With 50 projects completed, we continue to use these tools and methodologies to find new ways of delivering quality and value. Along the way, we've learned what works, what doesn't, and how to measure results.
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July 2008 : Defending securities law claims: The new tools of the trade

Moderated by: Steve Szczepanski, Esq. and Mary Jo Boldingh, Esq. of Kelley Drye & Warren LLP
Experienced securities defense litigators Caryn Jacobs and Jay Tharp of Mayer Brown LLP will highlight a number of the newest and most effective tools in the securities defense lawyers’ tool kit, including pleading challenges based on Tellabs, the removal provisions provided in the SLUSA and CAFA legislation; the shield against scheme-based liability provided by Stoneridge Partners and its potential application to subprime litigation; significant decisions in subprime litigation; and early attacks on class certification in both the trial and appellate courts.
Caryn and Jay have been involved in many of the most significant securities fraud class actions of the past decade, including the Cendant Corporation Securities Litigation, the At Home Securities Litigation, Waste Management, Charter Communications, and Comdisco securities litigation, among others. Together they will discuss how to use the latest developments in securities law emanating from the Supreme Court and Congress to help defend not only the companies, directors, and officers threatened by securities class action litigation but also those who assist them, such as bankers, accountants, lawyers, and consultants.
This discussion is a must for any publicly-traded company or anyone who has or may provide services to them.
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June 2008 : In-House Counsel Ethics and privilege: How protecting yourself can help protect your company from liability

Moderated by: Ross Bricker, Esq. David Bradford, Esq. John Ward, Esq. Jenner & Block LLP
There have been a series of corporate scandals over the last few years that rocked the business world. One of the first questions asked by shareholders, regulators, the media, and others were “where were the lawyers?”
As a result, the scrutiny of corporate in-house counsel is increasing. Their involvement, actions and inactions are being closely examined. Corporate counsel are being held accountable in numerous ways.
The program will focus on recent developments and emerging sources of liability faced by corporate counsel. Through a robust discussion of different case studies, legal principles, pertinent ethical rules, and other factors, program participants will learn how meeting their professional obligations can help them manage their personal exposure and protect their company’s from liability.
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May 2008 : The Paulson Report: A blueprint for the future of financial regulation or for failure?

Moderated by: David C. Sienko, Esq. David P. Glatz, Esq. Bell, Boyd & Lloyd LLP
On March 31, after a year-long study as part of its capital markets initiatives, the Treasury Department released its report for an improved financial regulatory system, entitled “Blueprint For a Modernized Regulatory Structure.” In its own words, the Blueprint “presents a series of ‘short-term’ and ‘intermediate-term’ recommendations that could immediately improve and reform the US regulatory structure.”
The sweeping proposals include merging the Securities and Exchange Commission with the Commodity Futures Trading Commission and increasing regulatory oversight for lenders and other participants in the mortgage industry. The Blueprint raises a multitude of issues to analyze and vet. In addition, by releasing the Blueprint in an election year during which a new president will be elected, the Treasury Department assured that politics will determine the fate of the Blueprint. This raises the question of whether or not the Blueprint, or even a significant part of it, will ever be actually enacted. However, even if the Blueprint is doomed for failure, or at least to significant downsizing, it is likely that its impact will be felt in some form, over the coming years.
Attend this event to learn the key proposals of the Blueprint, what (if any) elements are likely to survive, and its likely practical implications on the practice of law.
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April 2008 : A lesson in crisis management: Managing the unexpected in the workplace

Moderated by: Nina G. Stillman, Esq. of Morgan, Lewis & Bockius LLP and J. Christopher Dineen of PricewaterhouseCoopers LLP
In a post 9/11, post-Katrina and pre-pandemic world, every employer must be prepared effectively to manage a workplace crisis. No longer can employers assume that physical disasters occur only at chemical plants or that workplace violence is limited to postal workers. Natural disasters, mass healthcare events, senior executive malfeasance and massive litigation all are potential workplace crises that employers can and should prepare for. To effectively manage a workplace crisis, employers must be proactive and not reactive. This program will discuss what employers should be doing to prepare for any of these potential catastrophic events, including the development of crisis management, workplace security and business continuity plans as well as the creation of crisis teams and the use of practice drills.
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March 2008 : Information Governance: The Next Wave of Good Corporate Governance

Moderated by: Vincent A. Sanchez, Esq. of DLA Piper US LLP
In the last few years, Congress and corporations have focused on compliance with Sarbanes-Oxley and sound corporate governance. Now, federal and state governments are focusing on the next wave of corporate governance...how corporations manage and use critical information about its employees and customers.
Unauthorized use of such information is a daily headline issue and most firms simply are not prepared. For those corporations that are attempting to address information governance, most are not doing so in a comprehensive manner and are not focused on the broad range of its information assets. Many organizations take the position that it is only an IT issue, however; it is much more. Some companies do not devote the resources to implement the necessary measures to mitigate the risk of government action or lawsuits and then find themselves scrambling when an information security breach reaches their doorstep.
Information governance is an obligation of the board of directors and senior management, yet most are unaware. Find out what information governance is and why the office of general counsel should know about protecting the company's information assets and mitigating the risk to the organization of the inevitable security breach.
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February 2008 : Corporate investigations in a litigious world: Hot topics and navigating the land mines

Moderated by: Michael J. Faris, Esq. and Zachary T. Fardon, Esq. of Latham & Watkins LLP
Internal investigations give rise to some of the most difficult legal, ethical and strategic issues in today’s litigation environment. Whether and how a company conducts an internal investigation can affect that company’s exposure with regard to government investigators, regulators, and private litigants. Missteps at critical junctures can be devastating, while a well conceived and executed internal investigation can save the day. What are the benchmarks for when an internal investigation is necessary? What are the major legal, ethical, and financial pitfalls? Issues related to conflicts, document preservation and collection, reports of findings, voluntary disclosures, privilege waivers, and indemnification of fees have dominated the landscape of internal investigations in recent years.
In this session, you’ll hear from two lawyers seasoned to that landscape. Mike Faris and Zach Fardon of Latham & Watkins, LLP will address the major current trends and issues relevant to internal investigations and offer insights as to how best to navigate those issues and, when necessary, to interact with the Department of Justice, the SEC, and other interested regulators about internal investigative findings.
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January 2008: The subprime crisis: From Wall Street to Main Street

Moderated by: Richard A. Chesley, Esq. and Keith Miller, Esq. of Paul, Hastings, Janofsky & Walker LLP
The subprime crisis had a devastating impact upon the housing market and US and even international financial markets during 2007. The panel will discuss the causes of this crisis and what it's potential impact will be for corporate America during the coming year. Among the topics that will be addressed are the depths of this crisis and what industries may be impacted during the coming year. In addition, the panel will discuss potential legislative and regulatory changes that are being proposed to address this widening problem. This program will also discuss the increasing impact that the crisis is having on individual and corporate investments as well as what we believe the coming year will hold for these volatile markets.
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