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The Association of Corporate Counsel (ACC) is the world's largest organization serving the professional and business interests of attorneys who practice in the legal departments of corporations, associations, nonprofits and other private-sector organizations around the globe.

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September 22, 2021 | 8:30 AM - 6:00 PM PST

Farmer and the Seahorse
10996 Torreyana Road
San Diego, CA 92121

Members: $79.00; Day of $109.00
Non-members: $395.00 (Includes 1 year ACC membership)

Overview (Program Summary)

ACC San Diego is proud to present a day of invaluable programs for San Diego's general counsel community. High-caliber and targeted industry content conveniently scheduled into one day with dual tracks, giving you 2 options each hour!

Your ticket includes breakfast (8:30 - 9:30 am), box lunch and a Happy Hour featuring cocktails, appetizers and live music!

Session 1
9:30 - 10:30 am
The Key Elements of a Great NDA
Mike Brown, Partner, DLA Piper
Ernesto Chavez, Deputy General Counsel, Kyriba
Nicole Greene, General Counsel, Dexcom
Jim Schindler, General Counsel, BioLegend

Several states have passed new laws restricting use of non-disclosure agreements (NDAs), making it timely for companies to review their policies and practices. It’s important to understand exactly how NDAs work to make sure your interests are protected before sharing your company’s proprietary information. Panelists will define an NDA and describe the essential elements of NDAs, then explore in detail some of the most important considerations for entering into an NDA. (1 MCLE credit)

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Session 2
9:30 - 10:30 am
The Art of Disciplining, Separating, and Laying Off Employees
Adam Rosenthal, Labor & Employment Partner, Sheppard Mullin
Liliya Stanik, Labor & Employment Litigation, NuVasive, Inc.

In-house counsel is often asked to counsel leadership and HR on employee disciplinary actions, terminations, and layoffs.  In addition to navigating complicated employment law issues in a manner that mitigates risk and promotes business objectives, in-house counsel must also be mindful of their ethical obligations to the employee and the company, as well as how to provide advice without waiving the attorney-client privilege and potentially becoming a witness in a future lawsuit.  Sheppard Mullin speakers will explore both the practical and ethical considerations when in-house counsel is involved in thorny personnel decisions.   (1 MCLE Ethics credit)

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Session 3
10:45 - 11:45 am
What Every GC Should Know About Employment Law in 2021
Joanne Alnajjar Buser, Partner, Paul Plevin
Corrie J. Klekowski, Partner, Paul Plevin
Matt Wrobleski, Corporate Counsel, Employment, Petco

Join us for an update on major employment law developments in 2021 and what you can do to improve best practices to protect your organization.  We will primarily focus on CA law with some emphasis on developments at the federal level as well. (1 MCLE credit)

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Session 4
10:45 - 11:45 am
Suits Will Happen: What Every In-House Lawyer Needs to Know About Litigating in the Covid World and Beyond
Paul Najar, General Counsel, Gafcon
Mark Zebrowski, Partner, Morrison & Foerster
Julie Park, Partner, Morrison & Foerster

The role and responsibilities of in-house counsel managing the company’s litigation have intensified in terms of scope, pace and reporting requirements. Join us for a program on what in-house counsel should know about litigation moderated by Paul Najar, Senior Vice President and General Counsel at Gafcon, and with Morrison & Foerster’s litigation team.  Panelists will provide practical guidance and strategies, including factors to consider on whether to sue, resolve or move on; selection of counsel; how to select the right lawyer / firm for the case; how to manage a budget / work plan; and setting goals and objectives and timing. (1 MCLE credit)

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Session 5
12:15 - 1:15 pm
Litigating Product Liability Cases:  A Deep Dive
Kristi Blackwell, Partner, Tyson & Mendes
Chris Schon, Senior Counsel, Tyson & Mendes

Manufacturers, distributors, and retailers face the challenge of mitigating against business, litigation, and regulatory risks.  Please join Tyson & Mendes’s Product Liability Practice Group for this program as they lend their expertise on core product liability topics crucial to understand to successfully defend clients in products liability cases. The panelists will cover how courts are dealing with issues when litigating product liability cases, how to recognize challenges, and strategies for handling them.  The session will also cover lessons from a $10 million child burn injury case won by Tyson & Mendes.  The firm represented a manufacturer against a plaintiff who demanded $10 million in damages after other defendants settled for hundreds of thousands of dollars before trial. (1 MCLE credit)

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Session 6
12:15 - 1:15 pm
Ethics for In-House Corporate Counsel: The Rules of Professional Conduct DO Apply
Matthew Smith, Senior Counsel, Pettit Kohn Ingrassia Lutz & Dolin
Caitlin Jones, Attorney, Pettit Kohn Ingrassia Lutz & Dolin

In-house counsel face daunting and complex ethical challenges.  This discussion will provide essential information to best deal with these challenges.  Pettit Kohn Ingrassia Lutz & Dolin trial attorneys will discuss a broad range of ethical issues including: understanding and protecting the attorney-client privileged communications and confidential information; best practices and related professional conduct obligations when in-house counsel function in different roles; ethical issues when working remotely during and after the COVID-19 pandemic; whistleblower investigations and rights; and ethical issues surrounding documents. (1 MCLE ethics credit)

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Session 7
1:30 - 2:30 pm
Information Retention Policies and E-Discovery – Best Practices and New Developments
Erin Trenda, Partner, Business Litigation, Cooley
Ruth Hauswirth, Special Counsel, Director of Litigation & E-Discovery
, Cooley
Matt Krengel, Director of Information Retention Counseling, Cooley

Cooley panelists will address best practices and key issues in the areas of information retention and litigation readiness.  In addition to covering general best practices for information retention governance, we will also discuss the critical importance of the employee on-boarding and off-boarding process for not only keeping a company’s confidential information internal, but also minimizing the risk of company data becoming co-mingled with outside information that may require costly remediation.  We also plan to address some of the new issues arising with the increase in employee use of “chat” applications and other realities of remote work, and how this will likely impact litigation holds and e-discovery moving forward. (1 MCLE credit)

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Session 8
1:30 - 2:30 pm
Exploring the Factors the PTAB considers when deciding whether to use its discretion to institute an Inter Partes Review (“IPR”)
Raymond Chan, Partner, IP Litigation, Procopio

Fred Taylor, Partner, IP Litigation, Procop
Scott DeNike, Seirus Innovative Accessories, Inc.

Since the Patent and Trademark Appeal Board’s decision in Apple v. Fintiv in 2020, both patent owners and patent challengers have to navigate what factors the PTAB will consider when deciding whether to use its discretion to institute an Inter Partes Review (“IPR”).  And, because the Federal Circuit recently closed the door on appeals for the PTAB’s institution decisions, the stakes are even higher in filing and opposing IPR petitions.  In this session we’ll explore how the PTAB has used its discretion to make institution decisions under Fintiv, and under other discretionary tools.  (1 MCLE credit)

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Session 9
2:45 - 3:45 pm
The CCPA/CRA, BIPA, UCL and Beyond: A Primer on Privacy Class Actions and Litigation Avoidance
Natalie Prescott, Privacy Litigation Attorney, Mintz

Vivek Narayanadas, Vice President of Legal, Shopify

Maryam Rad, VP of Cyber Initiatives & Claims Director, Lockton Companies

California’s privacy laws are the most stringent in the nation, with our courts seeing the largest uptick in privacy class action filings since 2020. Lawsuits centered on CCPA, UCL, TCPA, or BIPA violations represent the largest share of claims in privacy and data breach class action filings. Given the exposure and high damages available, these lawsuits can quickly turn into bet-the-company cases. This session will focus on advice from our experienced panel of privacy, legal, and cyber insurance professionals as to how to mitigate risk or avoid litigation exposure entirely. The panel will provide practical advice relating to litigation avoidance, class action waivers, cyber insurance coverage, collection of personal data, incident reports, and more. (1 MCLE credit)

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Session 10
2:45 - 3:45 pm
Addressing Hot Topic Issues with the Return to the Workplace - Race, Religion & Politics
Solin Melahaji, Associate, Jackson Lewis
Emilia Arutunian, Associate, Jackson Lewis

Recent social movements and unrest have taken issues of bias, equity, and inclusion out of the newsroom into the workplace. Employers are faced with escalating challenges of managing employees who express divergent views at work and resolute demands for a more inclusive company culture. This program will explore strategies for responding to these and related critical issues facing employers today. (1 MCLE credit)

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