Eastern Daylight Time

As employees become more comfortable with the importance of escalating workplace concerns, HR and Legal teams must make determinations about whether an employee has raised an issue that requires a formal investigation, or can instead be handled through alternative approaches to resolution, taking into consideration the applicability of company policies, severity of conduct, and credibility of witnesses before, during, and after the investigations process. In this session, Epstein Becker Green attorneys and in-house counsel will guide attendees through:

• Determining the necessity of an investigation: Navigate the interplay of the alleged facts, the company’s legal obligations and company policies to discern whether to launch a formal investigation.
• Establishing the appropriate standard of proof: Delve into the nuances of evidentiary thresholds, from “reasonable cause” to “beyond a reasonable doubt,” as well as what standards the law may require.
• Drawing credibility determinations from witness testimonies: Balance witness reliability, persuasiveness, and potential biases, and navigate through complex narratives and testimonial discrepancies.

CLE Information:
(1) CLE Credit (NY) 
Professional Practice (Suitable for transitional and non-transitional (experienced) attorneys.)

Panelists will address the evolution of trade compliance obligations regarding businesses transacting with Chinese entities, both inside and outside its borders. Starting with the recently proposed legislation surrounding TikTok, the discussion will include a review of expanding list of topics such as:

• Import Restrictions
• Export Restrictions
• Economic Sanctions
• Updates to inbound Foreign Direct Investment filings (CFIUS)
• Possible outbound limits on U.S. company investments in China

Our panel will discuss how these factors affect a company’s risk analysis when contemplating future investment opportunities, analyzing supply chain questions, and addressing other issues related to contracts and transactions.

Presented by Christian Contardo, Counsel and Doreen Edelman, Partner and Chair, Global Trade & National Security at Lowenstein Sandler, together with Mary Blatch, Associate General Counsel, Global Regulatory and Data Privacy at CFA Institute.

1.5 Hours of VA MCLE pending.

ACC Greater Philadelphia invites you to an afternoon of tennis at the Germantown Cricket Club's famous grass courts, followed by cocktails and socializing at a "Meet Your Counterparts" reception.  

3:00 p.m. - 6:00 p.m. Tennis Outing

6:00 p.m. - 8:00 p.m. Cocktail Reception

Note, tennis players must wear all-white. This event is open to all levels of players.  

Non-tennis players may register for the reception only.

9:30 a.m. - 10:00 p.m.
Registration

Session 1 - 10:00 a.m. - 11:00 a.m.
"What to do When the Government Comes Knocking"
Presented by Cozen O'Connor

In today’s enforcement climate, it is inevitable that one or more of your clients will become involved in a federal investigation. How your client responds to an investigation can substantially impact the cost, business burden, and outcome. The government has various investigatory tools at its disposal, and the best strategic response may depend on how an investigation begins, which government agency or team is investigating, and what methods the government chooses to investigate. This CLE will summarize the most common investigatory methods, discuss preparations a client can make if operating in a highly regulated industry, provide a checklist of issues to consider immediately after government contact, and equip you with the tools you need to advise your clients should they find themselves in the government’s crosshairs. 

Speakers:

• Arthur P. Fritzinger, Member, Cozen O'Connor
• Calli Jo Padilla, Member, Cozen O'Connor
• Christina Hud, Senior Compliance Counsel, Global Investigations, Pfizer
  

Session 2 - 11:15 a.m. - 12:15 p.m.
"Protecting Trade Secrets in Light of the FTC’s Vote to Ban Employee Non-Competes"
Presented by Dechert LLP

In April, the Federal Trade Commission adopted a rule which would essentially ban employee non-competes.  This panel will discuss the status and future of this potential ban, given current court challenges to it, and practical steps you can take to protect your company’s trade secrets regardless of whether the ban goes into effect.

Speakers:

• Diane Siegel Danoff, Partner and chair of Dechert’s Trade Secret Litigation Practice
• Luke Reilly, Associate, Dechert
• Rory Gledhill , Litigation Counsel, Vail Resorts Management Company
• Quinn Wetherall, Associate General Counsel, Gopuff

12:15 p.m. - 1:15 p.m.
Luncheon

Session 3 - 1:15 p.m. - 2:15 p.m.
"Five Things to Know in Your First Five Years"
Presented by Armstrong Teasdale

Michael C. Witsch, Gabrielle M. Gesek, and esteemed in-house counsel will present on five key areas in which in-house counsel should sharpen their skills within their first five years of practicing. The panel will provide tips to excel as a new in-house attorney, identify the areas of an in-house attorney's work that are of particular importance, and point to areas where time and effort can be most effective in improving output.

Speakers:

• Michael C. Witsch, Partner, Armstrong Teasdale
• Gabrielle M. Gesek, Associate, Armstrong Teasdale
• Deb Carlos, Vice President, Senior Deputy General Counsel, Comcast

Session 4 - 2:30 p.m. - 3:30 p.m.
"Board and Committee Meetings - Agenda, Presentations & Minutes"
Presented by Blank Rome LLP

This presentation will explore in-house lawyer's involvement in meetings of the Board of Directors and committees of the Board, including setting up an agenda for the Board and committee meetings, drafting presentations for the Board and committee meetings and preparing minutes of these meetings.

Speakers:

• Yelena Barychev, Partner, Blank Rome LLP
• Frank Borchert, Chief Legal Officer, Best Egg, Inc.

The nearest parking garage is located at 12 South 23rd Street, next to the Aramark Building.

WEBINAR LINK:

https://accinhouse.zoom.us/j/97349969052

11:00 a.m. - 12:00 p.m.
"The FTC’s Noncompete Rule – What it Says, How to Prepare and Will it Survive?"
Presented by Fisher Phillips

The FTC held a made-for-video-streaming public meeting on Tuesday April 23 to announce its long-awaited new Noncompete Rule.  As was widely anticipated, the new rule is a full ban on all non-competes outside of a sale of business, beginning 120 days from publication in the Federal Register, with only very limited exceptions.  The presenters will discuss:

• how to prepare to comply (there is a 120 day period)
• what to expect from legal challenges to the rule (2 are already on file)
• the status of sale of business covenants (largely remain enforceable)
• the very limited carve out for ‘senior executives’ 
• the status of nonsolicitation and confidentiality/nondisclosure agreements 
• the retroactive effect of the rule
• status of garden leaves, noncompetes with pay, forfeiture clauses, training cost repayment agreements, bonus repayment agreements and notice clauses

The panel also will highlight some limitations on the FTC’s scope of authority over certain employers, such as not-for-profits and certain federally regulated financials, but will also report on comments from the public meeting and rule commentary indicating FTC efforts to expand its reach even in these sectors.

Speakers:

• Risa Boerner, Partner, Fisher Phillips
• Christopher Stief, Regional Managing Partner, Fisher Phillips
• Joseph F. Murphy, Senior Managing Counsel, Evernorth Health Services, a division of The Cigna Group

Join us at Frawley Stadium for for a fun evening of networking, kid-friendly activities and an exciting ballgame between ACCGP members and our sponsors, where the stakes are high (bragging rights!). 

6:00 - 7:00 p.m.
Networking

7:00 - 9:00 p.m.
Charity Softball Game with lots of Extras

9:00 - 10:00 p.m.
Post-game Networking 

Free admission for all that includes: 

• Family-friendly activities...Meet the Mascot, kids run the bases, and the ever popular balloon art and face-painting!
• 50-50 Raffle to support our Diversity Internship Endowment Fund
• Unlimited stadium concessions!

All are welcome, so bring your family and friends. It's fun, free, and all to support a good cause!

ACCGP Members are invited to a Meet Your Counterparts with Morris, Nichols, Arsht & Tunnell LLP at Tonic Seafood & Steak, located in the heart of downtown Wilmington, DE.  Attendees will enjoy an evening of networking and delicious food and drink.