In-House Counsel Forum - 3 CLE Credit Hours

Better Together: Investing in Efficiency and Diversity Both In-House and Outside

Between 1993 and 2017, the percentage of diverse senior-level law firm associates grew from 8 percent to more than 23 percent, but the need for law firm partners over the same period of time increased far less —from 2.6 percent to 8.4 percent. Join Armstrong Teasdale Partners Chuck Steese and Meshach Rhoades, along with in-house counsel from The Coca-Cola Company and DaVita Inc., as they host a conversation at the intersection of leadership, intentionality, innovation and inclusion. With an emphasis on how in-house counsel can help drive positive change across the profession, the panel will focus on creating a more diverse bench and fostering inclusive communication among internal teams and in-house counsel. Through a series of war stories, tips and practice trends, the panel will also discuss practical steps to effectively serve client teams, seamlessly achieve in-house counsel’s goals and create sustainable partnerships with collaborative measurement for clients.

Speakers:

Chuck Steese, Denver Office Managing Attorney, Armstrong Teasdale

Meshach Y. Rhoades, Partner, Armstrong Teasdale

Brian Henry, Vice President and Senior Managing Counsel, The Coca-Cola Company

Adelita DeHerrera, Assistant General Counsel, DaVita Inc.

Privilege Pitfalls in Dealing with Consultants

Accountants, investigators, technical experts, patent agents, and other consultants have become valuable resources in pursuing a company’s legal goals. But extra care must be taken to preserve the attorney-client privilege and work product protection when delegating legal tasks to non-lawyer third parties. Our speakers will discuss the various approaches U.S. courts have taken to the question of when privilege is preserved and broken when consultants are involved in the provision of legal services.

Speakers:

Matthew Holohan, Partner, Kilpatrick Townsend & Stockton LLP

Hot Topics in Privacy and Data Security Law:  What Every In House Lawyer Should Know

Please join Shook for a panel discussion with privacy and data security lawyers who will focus on several key developments affecting companies who collect, use, store, or share personal information for employees and customers.  The panelists will begin with a discussion of current Colorado privacy laws, including recently enacted changes that expand breach notification requirements and add requirements for reasonable security procedures to protect personal identifying information (PII), as well as procedures for disposal of PII.  The panel will then provide an overview of and operational tips relating to the most onerous privacy law ever to go into effect in the United States:  the California Consumer Privacy Act.  Next, the panel will discuss the rise of biometric privacy laws that have led to millions of dollars in liability for companies collecting biometric information from employees and customers.  The panelists will then analyze the new privacy laws and amendments to existing laws enacted during the 2019 state legislative sessions throughout the country.  The panel will conclude with a Q&A session. ​

Speakers:

Al Saikali, Chair, Privacy & Data Security Practice, Shook, Hardy & Bacon L.L.P.

Dan Rohner, Of Counsel, Shook, Hardy & Bacon L.L.P.

Erin Hines, Of Counsel, Shook, Hardy & Bacon L.L.P.

James Theiss, Sr. Corporate Counsel, DaVita
James Theiss is Sr. Corporate Counsel for DaVita in Denver CO, focusing on global privacy and security compliance. He advises DaVita clinical and corporate functions on a wide range of issues, including HIPAA/HITECH compliance, international privacy compliance, and incident response management. He also manages privacy program development in response to newly passed legislation, e.g. GDPR, CCPA, and state data breach notification laws. James has served in similar privacy roles for several other multinational corporations, most recently Lenovo in Raleigh NC.

Online Marketing: Considerations and Potential Pitfalls relating to Privacy and Intellectual Property

It’s hardly news that an ever-increasing percentage of business, including marketing and advertising, is taking place in cyberspace. Marketing in an online world, while extremely important, entails unique benefits and risks as related to the intersection of privacy and intellectual property. For instance, behavioral advertising and micro-targeting of customers involves potential liability, which is governed by an ever-changing regulatory landscape. Further, while companies are increasingly leveraging their customer bases to generate and exploit intellectual property (from customer reviews to market analytics), the benefits of these activities must be weighed against the IP and privacy risks. This panel will tackle these topics, and others, focusing particularly on the in-house counsel experience.

Chris Stanton, Attorney, Merchant & Gould

Eric R. Chad, Partner, Merchant & Gould

Ryan Howe, General Counsel, Webroot

Crisis Management – The Right Way to Respond to Everything Going Wrong

Large-scale government investigations, bet-the-company litigation, and other significant events can have a dramatic impact on a company - exposing it to additional legal risks, such as shareholder derivative and class action suits, injecting fear and uncertainty into investors and employees, and inflicting reputational harm.  And in this digital era of 24 hour news cycles, clicks, tweets, and social media influencers, even a seemingly isolated incident can create significant brand damage.  In-house counsel need to prepare in advance for the inevitable moment their company finds itself in a crisis and be able to mount a coordinated, multi-front defense.  In this session, a panel of battle-tested in-house lawyers, outside counsel, former federal prosecutors, and public relations and media experts discuss the best ways to prepare for and respond to legal and media considerations in crisis situations.  Topics include government investigations, internal investigations, SEC disclosure and Board considerations for public companies, and internal and external communications and media strategies.

Speakers:

Graig Bears - General Counsel, Comfort Dental

Greg Trulove is Vice President and Associate General Counsel for DaVita Inc.

Rick Hosley, White-Collar & Investigations partner at Perkins Coie LLP, former Head of Litigation for DaVita Inc., and former Assistant U.S. Attorney

Bill Meyers- Managing Director, Communications, Liberty Global

Chandra Westergaard, White-Collar & Investigations Senior Counsel at Perkins Coie, LLP, and former Head of Investigations for DaVita Inc.

Current LGBTQ Issues in the Workplace

Please join us for this informative panel where we will discuss what employers need to keep top of mind when it comes to their LGBTQ applicants and employees. Our panel will provide practical insight on balancing the legal and business issues of compliance, with the broader concerns for providing employees with a safe and welcoming work environment. Topics will include:

• How to have an open discussion on LGBTQ issues in the workplace.
•   Workplace policies that comply with the law and articulate an inclusive company culture
• How to respond when employees tell you they are transitioning gender
• How to handle complaints of discrimination and harassment
•  Current legislation in Colorado and what it could mean for employers
• Restroom access, dress codes, and customer reactions

Speakers:

Todd Fredrickson, Partner, Fisher Phillips

Adam Brown, General Counsel, ShapeShift

Johnny Humphrey, Director of Inclusivity Services, The Center on Colfax

Ruth Mackey, Senior Corporate Counsel, TTEC