Eastern Daylight Time

Agenda

8:00 a.m.
Registration/Breakfast

8:30 a.m.
Welcome/Opening Remarks
Mike O’Callaghan, Columbus Office Managing Partner, Shumaker  

8:35—9:20 a.m.
PANEL 1: Non-Compete in the Workplace: Examining Recent Trends and Planning for the Future

Non-compete agreements provide a critical resource to protect the intellectual property and customer relationships that a company develops at great time and expense. However, the landscape for non-compete agreements is subject to increasing legislative and judicial scrutiny, including proposed rules from the Federal Trade Commission imposing a nationwide ban on non-compete agreements and a growing trend of states that have increased their scrutiny on the enforcement of non-compete agreements. This panel will discuss several recent non-compete matters in State and Federal Court and address how to a take a proactive approach to deal with this uncertainty.
PANELISTS: Nicholas Stack, Partner, Shumaker; Rebecca Shope, Partner, Shumaker; Outside Counsel TBD
MODERATOR: Greg Wagoner, Partner, Shumaker

9:20 a.m.
Break

9:30—10:45 a.m.
PANEL 2: Instituting an Early Dispute Resolution Program to Slash Costs and Achieve Favorable Settlements

Businesses maximize profit and save valuable executive time when they resolve cases early, economically, and on a favorable basis. Until recently, there has been no accepted procedure that overcomes the obstacles to early resolution: lack of information, lack of trust, and the bias of each party seeing its own side of the case. The Early Dispute Resolution Institute has developed Protocols for early resolution that resolve these issues and that the Institute and AAA are training lawyers, neutrals, and judges in nationwide. The Protocols are tried, tested, and effective. This session will explain the Protocols and how to institute a corporate early dispute program.
PANEL: Mediator Anne Jordan, Mandell Menkes, LLC
MODERATOR: Peter Silverman, Partner, Shumaker

10:45 a.m.
Break

11:00 a.m.—12:00 p.m.
PANEL 3: Insurance Recovery
Many companies pay millions of dollars in insurance premiums annually but find themselves "in the rough" when attempting to recover under the policies they have purchased. This presentation will cover best practices for using every club in your bag to maximize your insurance coverage as a corporate asset -- from the presentation of claims to your insurer to negotiating coverage positions and achieving favorable outcomes in insurance disputes. These best practices will be generally applicable across all coverages that may form the basis of your risk management program, including directors and officers (D&O) coverage, general liability, and property policies.
PANELISTS: Shumaker Partner; Keven Eiber, Senior Litigation Counsel, Stanley Black & Decker; Lori Siwik, Founder, Managing Partner, and Counsel, Sand Run Risk
MODERATOR: Shumaker Partner

12:00 p.m.
Lunch/Memorial Golf Tournament (Tickets for the Tournament are limited to 40 and on a first-come, first-serve basis.)  

Antitrust is a hot topic right now with daily headlines about the tech giants — Microsoft, Amazon, Facebook, Apple, Google — but the Biden Administration’s prosecutorial zeal doesn’t stop there. Nonprofits are facing some sleeper antitrust issues and in house counsel should be aware of the latest developments.

This CLE session will cover the antitrust basics and provide practical guidance for how a non-profit generalist should deal with a range of day-to-day issues. We will discuss some of the questions you may have about your organization’s antitrust risk, including:

· Do you need an antitrust policy?

· Should antitrust considerations impact member communications in a trade association?

· Board meetings – when (and how) to stop a conversation before it skirts the line

· Competitor collaboration business planning – what are best practices?

· The Department of Justice (DOJ) Antitrust Division recently rescinded its guidance on information sharing among competitors. Can I still participate in wage surveys?

· Do the antitrust laws impact my organization’s ability to take a stand on social issues like ESG? How can we influence policy outcomes as an industry without crossing the line?

· Does your organizational insurance policy sufficiently cover your risk? Which policies respond to antitrust claims? What is the underwriter appetite, and key underwriting questions I should be asking?

Presented by Joe Miller, Member and Co-Chair of the Antitrust Practice at Mintz and Keith Mulvihill, Insurance, Risk Management, and Employee Benefits Advisor at Lockton and Mondi Kumbula-Fraser, VP of Government Relations, General Counsel at Consortium of Universities of the Washington Metropolitan Area

Agenda:

4:00 - 5:30 - Panel Presentation in-person and via webcast

5:30-6:30 - In-Person Happy Hour and Networking

1.5 Hours of VA MCLE pending.

Please join us for the ACC NCR: Black & African-American Affinity Group meet and greet.  We look forward to the opportunity to connect with friends, old and new.  All members are welcome to attend. 

We hope you can make it for this special event. 

*All attendees are required to comply with ACC NCR's COVID-19 Duty of Care.

Organizational Conflicts of Interest (OCIs) are one of the many areas that make doing business with the federal government different from commercial contracting.  Government contractors must be able to identify, avoid, and mitigate OCIs to ensure that they are not shut out of new opportunities, or worse, prohibited from performing contracts that they’ve won. To do that, it’s important to understand the changing landscape of regulations, caselaw, and legislation related to OCIs.  

This discussion will provide perspectives from in-house counsel, government agency counsel, and outside counsel on topics such as:

1.  Recent legislation mandating new OCI regulations and what those regulations might entail;

2.  Decisions from courts and the Government Accountability Office on what constitutes an OCI and whether and how OCIs can be mitigated; 

3.  Common mistakes for contractors to avoid; and

4.  Tips for contractors to avoid and mitigate OCIs in current and future government contracts.

Presented by Tracye Winfrey Howard, Partner at Wiley, Benjamin Willcher, Legal Counsel/OCI Manager at Elevance Health and Victoria Heiden Kauffman, Deputy Associate General Counsel (Contracts) at NASA.

1.5 Hours of VA MCLE pending.