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America/Denver

Colorado’s New HB 22-1317 Non-Compete Statute: Emerging Issues

Date: Thursday, February 9, 2023

Time: 9:00 a.m. – 5:00 p.m. MST

Location:
Sheraton Denver Downtown Hotel
1550 Court Place, Denver, CO 80202

Parking: Self-paid, self-parking available in various first come, first served area garages/lots here.

Registration Fee: Complimentary (no charge)

Join us for this conference jointly sponsored by the Colorado Association of Corporate Counsel (ACC) and Fisher Phillips.

This will not be your typical sit-and-listen-to-a-lecture conference. Rather, this will be a highly participatory gathering of experienced attorneys to discuss and generate consensus on presently unanswered questions arising out of Colorado’s newly enacted non-compete statute (“HB 22-1317”).

What type of issues will be discussed?
Examples include:

  • Does at-will employment continue to suffice as consideration?
  • Does 22-1317 (by implication) proscribe restrictive covenants contained in separation agreements?
  • Are employee nonsolicitation agreements (i.e., covenants not to recruit employees) governed by 22-1317?
  • Does the statute require notice for confidentiality agreements?

Who will attend the conference?
Seats are limited. The make-up of attendees (i.e., participants) will be designed to ensure a representative cross-section of attorneys. We want to ensure we have attorneys who typically represent employees; attorneys who typically represent employers; attorneys from big and small law firms and public interest firms; in-house lawyers from large and small companies; in-house lawyers from companies that tend to hire employees from competitors and companies that tend to require and enforce restrictive covenants; etc.

How will the conference operate?
The day will begin with an opening panel to set the context for discussion later in the day. The panel includes Representative Kerry Tipper (the primary author of 22-1317), Magistrate Judge Kristen Mix, and recently retired Colorado Court of Appeals Judge David Richman. After the opening panel, the conference will shift to a highly participatory format. Topics like those listed above will be teed up for discussion, and the attendees will be anonymously polled to determine what consensus, if any, exists. (To foster candid debate, we will require attendees to sign confidentiality agreements promising there will be no attribution of comments to participants outside the conference. This way, no one will be permitted to hold an “argument” against someone in the future.)

Will we generate any work product?
After the conference, we will prepare a written report that summarizes the discussions (without attribution to any particular participant) and results of the polls. The desire is that the work product may serve as a useful reference to courts encountering some of the unique issues discussed, and perhaps as an aid to future legislative efforts. 

Breakfast, lunch, snacks, beverages and a cocktail hour will be provided.

Fisher Phillips will make all reasonable efforts to obtain CLE credit for this program in every state that is relevant to attendee’s MCLE needs. In certain instances, some programs may not be awarded CLE credit because of content, delivery or jurisdictional restrictions.

If you have any questions, please contact Ashley Ollison.

ACC Colorado
In-House Counsel Forum
Thursday, April 20, 2023

Join ACC Colorado for an afternoon of CLE education, networking and a hosted reception at the
Four Seasons Hotel Downtown Denver

REGISTER TO HOLD YOUR SPOT!

 

ACC Member Price
Member rate extended to paralegals and contract managers.
$45.00

Non-Member Price
$75.00
 

 

12:30 Doors Open & Registration
1:00 P.M. – 1:50 P.M. – 2 Sessions (1 CLE Credit)
2:00 P.M. – 2:50 P.M. – 2 Sessions (1 CLE Credit)
3:00 P.M. – 3:50 P.M. – 2 Sessions (1 CLE Credit)

4:15 P.M. – 5:15 P.M. – General Session
5:15 P.M. – 6:30 P.M. – Reception

1:00 PM – 1:50 PM – 2 Sessions

Ogletree

Cottonwood A: Leveraging Immigration Program Management in a Changing Business World
Business conditions, including labor market shortages, real estate prices, and the post-pandemic concerns, have caused employers to re-imagine their employment models. Some companies have been essentially forced into multi-jurisdictional situations to go where the talent is. Implementing and managing flexible work arrangements to remain competitive in a tight labor market is more important than ever. In this presentation, we will discuss using immigration benefits to respond to talent and labor demand and highlight recent federal enforcement activity in the area of immigration and employment eligibility verification (or Forms I-9). 
Presenters:

Ceridwen Koski, Shareholder, Ogletree Deakins 
Chris Thomas, Shareholder, Ogletree Deakins

Lauren Polk, Senior Corporate Counsel, Oracle

-OR-

Spencer

Cottonwood B: It Takes Two to Tango: Finding Alignment Between Business Objectives and Your Legal Department
Join Spencer Fane for an evaluation of what business leaders expect from their legal departments. In a recent survey of 100 GCs and law department heads, BRYTER found that only 12% believe ‘controlling legal spend’ is what the CEO or company’s board value most from the legal department. Instead, ‘supporting business objectives’ came top at 37%. This panel will respond to this intelligence and offer insights into how they work to balance the often-competing priorities of supporting business objectives and managing legal risks.
Presenters:
Kimberly Pryor, General Counsel, JBS USA Foods
Jon Watson, Partner, Spencer Fane

 

2:00 PM – 2:50 PM – 2 Sessions

Shook

Cottonwood A: What’s the Latest from the FTC and DOJ - Be in the Know
All signs point to even more antitrust enforcement in 2023. Shook Hardy & Bacon will provide an update on the FTC and DOJ’s priorities in 2023, with a particular emphasis on: (1) Non-Compete Provisions; (2) Information-Sharing; and (3) the Right to Repair. Non-competes are in the antitrust news because the FTC announced a proposed rule that would ban almost all non-competes. There has been uproar in response to this announcement, both on procedural grounds (that the FTC lacks authority to issue this rule) and substantive grounds (that this rule would make it difficult for companies to protect their legitimate business interests, such as protecting trade secrets). The focus of this discussion will be on what companies should do in light of the present uncertainty. Information-sharing is in the news because the DOJ recently withdrew policy statements providing for certain “safe harbors” for information sharing. We will talk about what this means for healthcare and other companies. Finally, we will talk about “the right to repair,” another government enforcement priority, which imposes uncertainty and obligations on many consumer goods companies. Additionally, we will also talk about other government enforcement priorities and what they mean for antitrust compliance.
Presenters:
Ryan Sandrock, Antitrust Co-Chair and Partner, Shook, Hardy & Bacon

Ian Papendick
 

-OR-

Kilpatrick

 

Cottonwood B: Protecting Your Company's IP in China: Manufacturers, Suppliers, and Competitors and the Pitfalls to Avoid
An unfortunate common occurrence in China is that individuals and other entities file patents on your company’s inventions. The entities may be competitors, manufacturers, opportunists, or even JV partners. The intention may be nefarious or simply the result of a misunderstanding and sometimes even a misguided attempt to help protect the company’s interests. In this presentation, we will discuss these issues and how to avoid or mitigate them.
Presenters:

Bobby Dickensheets, Director of IP and Legal, BOA
Charles Gray, Shanghai Office Managing Partner and Denver Office Partner, Kilpatrick Townsend 
Clark Weight, Partner, Kilpatrick Townsen & Stockton LLP   


3:00 PM – 3:50 PM – 2 Sessions

Perkins
Cottonwood A: Public Company Update

Join Perkins Coie for an update relevant to all publicly traded companies and those considering an IPO. Hear about the recent flurry of SEC rulemakings relating to ESG, cyber security and executive compensation and learn best practice trends on SEC disclosure and corporate governance topics.
Presenters:
Jason Day, Partner & Firmwide Corporate Co-Chair, Perkins Coie

Jonathan Schulman, Partner, Perkins Coie

Eric Gunning, Deputy General Counsel & Secretary, Allegion

 

-OR-


Merchant

 

Cottonwood B: Emerging Technologies in AI and Web3
Explore the evolution of the Internet with blockchain and artificial intelligence. Blockchain technology has reinvigorated digital art in the form of non-fungible tokens, or NFTs. Cryptocurrencies are using blockchain technology to send currency without the use of banks using smart contracts. Artificial intelligence is implementing shortcuts to everyday tasks and is used to create images out of digital memory. This presentation will provide an overview of these emerging technologies and the intellectual property issues facing companies daily.
Presenter:
Will Schultz, Partner, Merchant & Gould

 

 


BAR SPONSORED BY

DISCO
4:15 PM – 5:15 PM – General Session

So, You Want to Become CLO of Your Company?

You’re a vital member of your company’s legal team. You’re challenged by the work, inspired by the company’s mission, and you have your sights set on advancing within your organization.

  • What will it take to become the Chief Legal Officer of your company? 
  • Once you move into the CLO role, how do you succeed with this broad set of responsibilities?

Join this In House Counsel Forum General Session panel of prominent Colorado C-Suite Leaders in an open discussion of their experiences serving as and working alongside successful Chief Legal Officers.

 Panelists

Jacki Cooper Melmed, Chief Legal Officer, UCHealth

Jacki Cooper Melmed currently serves as Chief Legal Officer for UCHealth. Before joining UCHealth, Ms. Cooper Melmed served as Chief Legal Counsel to Governors Jared Polis and John Hickenlooper. Prior to working for state government, Ms. Cooper Melmed practiced law at Shoemaker Ghiselli + Schwartz and Hogan & Hartson. Ms. Cooper Melmed serves on the Board of Breakthrough, Colorado, and in June 2021, she was appointed to the Scientific and Cultural Facilities Board. Ms. Cooper Melmed is an avid hiker and skier and enjoys reading, cooking, travel, and spending time with her husband and, when allowed, two adult sons.
 

Bret Richmond, General Counsel, Forgen

Bret Richmond is a family man, General Counsel and coach. As the Executive Vice President and General Counsel of Forgen, Bret is a member of the executive team and is responsible for Forgen’s legal and risk management functions. With in-house legal experience in construction (Bechtel, Weifield and Forgen), aerospace (Space Systems/Loral), and renewable energy (SolarCity/Tesla), Bret is currently in his second General Counsel position. While the primary objective of his role as General Counsel is to provide excellent legal services to his internal and external clients in support of the business goals and objectives he has a passion for guiding people to develop and maintain a strong family life over the demands of their career. In his personal life, Bret is married to Sharon, and they have two young daughters. Outside of family time, Bret enjoys mountain biking, skiing and exploring the mountains of Colorado.

 Bob Chapman, Chief People Officer, Trilon

Bob has over 20 years of experience in the human resources profession across several industries and has been the Chief People Officer of Trilon since August of 2022. With a passion for strategic human resources, Bob has a deep understanding of cultural stewardship, enterprise talent management, executive development, and organizational effectiveness. Outside of work, Bob has a passion for the outdoors, skiing, playing hockey, creating music, and spending time with his four kids.

Moderator

Sarah Burrows, Senior Lead Counsel, Cruise

Sarah Burrows is Lead Counsel at Cruise, a GM subsidiary focusing on autonomous vehicles, where she focuses on new product innovation and strategic transactions.  Previously, Sarah focused on intellectual property and complex transactions at Knobbe Martens Olson & Bear, HP, and Cognizant.  Sarah worked as a software developer prior to attending law school and is a trusted advisor in the intersection of law and technology.  Sarah grew up in Kentucky and moved to Colorado in 2012.

 


5:15 PM – 6:30 PM - Networking Reception

 



SOLD OUT:
Come Break the Ice at the 4th Annual Denver “Learn to Curl” Clinic & Reception!



Please contact COLORADOEVENTS@ACCGLOBAL.COM for waitlist details!

Are you ready to sweep the stone?

Faegre Drinker’s Denver office is delighted to once again co-sponsor this “Learn to Curl” social event with ACC Colorado!

WHAT IS CURLING?
Curling is a team sport, played on ice, where two teams take it in turns to slide stones made of granite towards a target – known as a House. It is an Olympic and Paralympic winter sport with medal disciplines for Women’s, Men’s, an Mixed Doubles. Join us an evening of game play and conversation with friends and colleagues. Work in small groups and learn the basic skill of delivery, sweeping and shot making.

WHEN YOU ARRIVE
Space is limited, so register as soon as possible! Upon arrival, each participant will sign a Release of Liability form. Please plan to arrive at 5:30pm and be ready to go at 6pm. The session begins with a short off ice introduction, then demo on the ice and break into teams of four for learning and game play. 

PARKING
Complimentary

ATTIRE
Guests should wear clean, rubber-soled shoes and warm, comfortable clothing (athletic/stretchy pants, no jeans). Participants will be fitted for grippers to wear on the ice and brooms will be distributed. Locker rooms are available on-site.

REFRESHMENTS
Enjoy hosted wine and beer and a light buffet available at 5:30 pm.

ACC Colorado Presents

WEBINAR

Assessing Compliance Programs and Risks in a Volatile Environment

 

Wednesday, December 14, 2022
11 AM – 12PM MDT

CLICK HERE TO REGISTER

No Cost to Attend the Zoom Meeting

One CLE Credit Pending Approval

Please join Greenberg Traurig’s Cuneyt Akay in a discussion regarding U.S. Department of Justice guidance on evaluating corporate compliance programs, key sources of risk, program effectiveness data, and remediation of program weaknesses. In addition, he will address the legal violations that may hold people back from taking their businesses internationally, potential barriers limiting global expansion, and more trends related to the Foreign Corrupt Practices Act (FCPA).

Cuneyt A. Akay, Shareholder, Greenberg Traurig LLP, is an anti-corruption lawyer focused on helping clients comply with the Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act. Cuneyt designs, builds, and implements effective compliance programs for clients around the world. Cuneyt’s experience includes conducting internal investigations, performing compliance risk assessments, handling pre-and post-acquisition compliance due diligence, training staff and third parties on compliance requirements, and assisting in the monitoring and auditing of anti-corruption programs. Cuneyt also represents clients in complex civil litigation, class actions, and appellate proceedings in both state and federal courts throughout the country. In addition, he advises clients on governmental matters, including election law issues, ballot initiatives, campaign finance, and administrative proceedings.

 

8:00-8:30 am-- Registration and Breakfast

8:30-9:20 am-- What Every New to In-House Counsel Needs to Know, and what Every GC Should Remember, presented by Hawley Troxell

A discussion with attorneys and in-house counsel of what they need to know when hiring outside legal professionals.

  • Moderator: Steve Frinsko, Partner Hawley Troxell
  • Panelists: Scott Blickenstaff, Attorney, Hawley Troxell (former GC Agribeef); Sarah Reed, Attorney, Hawley Troxell; Clay Gill, Senior Counsel, J.R. Simplot Company; Cydni Waldner, Chief Legal Office, Healthwise

9:30-10:20 am-- Environmental Compliance, presented by Alison Hunter, Associate, Holland & Hart

10:20-10:30 am-- Break

10:30-11:20 am-- Revisiting APLBI and Non-compete Agreements in Idaho: Drafting and Enforcement Tips, presented by Sean Monson, Shareholder, Parsons Behle

In this presentation, Sean Monson will discuss Idaho’s noncompete statute, passed in 2008, and how courts have interpreted its provisions over the past 15 years.  Sean will also provide drafting and enforcement considerations.  Do you really want to require your employees to sign a non-compete covenant?  Perhaps a non-solicitation covenant will do the trick.  

11:20-11:30 am-- Break

11:30-12:30 pm-- Shaking Up Your Legal Team (Ethics CLE), presented by Elena Dietrich, SVP & Chief Counsel Field Operations and Employment at Albertsons Companies

Leadership changes within an organization may present opportunity to transform your in-house legal department, which can include scaling in size, reorganizing reporting structure, introducing new roles, and taking advantage of new technologies.  While there is no perfect strategy for reorganization, and structure may always be in flux, this presentation will discuss top takeaways learned during acquisitions, leadership changes, and tips and tricks for managing through change in your in-house legal department.

12:30-1:30 pm-- Lunch

 

Webinar broadcast of this event available for ACC members outside of Idaho.

SOLD OUT!

REGISTRATION CLOSED

ACC Colorado Blossoms of Light Holiday Party
at the
Denver Botanic Gardens
-

Wednesday, December 7th!

5:30pm - 7:30pm

ACC Colorado Presents

Webinar

Don't Bet Your Balance Sheet:
Understanding Your Management Liability Policies and How to Get the Most Out of Them

Thursday, November 3, 2022
11 AM – 12PM MDT

CLICK HERE TO REGISTER

No Cost to Attend the Zoom Meeting

One CLE Credit Pending Approval

Join Foley & Lardner’s Emily Weber and Paul Lynch of Lockton Companies for a general overview of basic liability policy insurance structures followed by a discussion of:

  • Shifts in the risk and coverage landscape
  • Overview of challenges that insurance procurement and claims management present to corporate legal departments
  • Litigation strategies for how to advocate with insurers for specific litigation counsel at time when outside counsel fees and premiums are going up, but coverage for those costs is going down
  • Strategies to seek increased coverage amount from insurers

Speakers: 

Emily Weber is the office managing partner of the Denver office and health care lawyer with Foley & Lardner LLP. Emily takes great pride in, and is nationally sought out to represent hospitals, health systems, academic medical centers, schools of medicine, physician groups, and health care technology companies. Emily focuses her practice on complex health care regulations and transactions, governance, fraud and abuse, health innovation, HIPAA and data privacy matters. Emily is a member of the firm’s Health Care Practice Group and Health Care Industry Team.

Paul Lynch serves as vice president, executive risk insurance and claims counsel for Lockton Companies. Paul focuses on insurance coverage and claims under directors and officers, fiduciary, employment practices, and cyber insurance policies.  He is also a Certified Information Privacy Professional Prior to joining Lockton, Paul was the longtime General Counsel for an international consumer products company

 

Join ACC Colorado and Spencer Fane for an intriguing evening at Ocean Prime Restaurant (DTC).

Spencer Fane presenters will examine in detail the very public and particularly devastating inadvertent production (and failed clawback) in the Alex Jones trial that recently brought a $1 billion judgment against the Infowars host.

Focusing on the technological mechanics of how it happened and the legal procedure that prevented a clawback, this program will equip attendees with the tools and knowledge to help avoid ever putting your organization in the same position.

Presenters:

Jon Watson, Partner, Spencer Fane
Linda Knight, Partner, Spencer Fane
Tye Burger
, eDiscovery & Litigation Support Manager, Spencer Fane

Phil Goodin, Legal Innovations & eDiscovery Counsel, Spencer Fane

Registration fee:
ACC Members:
$35 | Non-members: $50

 

CLICK HERE TO REGISTER

Approved for one (1) CLE Credit.

 

ACC Colorado Presents

Webinar
When Bankruptcy Happens:
Strategies, Tips, and Avoiding Pitfalls 

Wednesday, November 9, 2022
11 AM – 12PM MDT

CLICK HERE TO REGISTER

No Cost to Attend the Zoom Meeting

Approved for one (1) CLE Credit

With inflation, rising interest rates, and further uncertainty regarding the health of the economy, companies should be prepared to address the initial impact that a third-party bankruptcy filing may have on their operations.  This presentation will provide an overview on basic items that you, as a creditor of a bankrupt debtor, may want to know when initially analyzing that bankruptcy. 

Speakers: 

Tim Mohan, Senior Counsel, Foley & Lardner LLP
Tim Mohan is a restructuring and bankruptcy senior counsel in Foley's Denver office. He represents debtors, secured creditors, official committees of unsecured creditors, purchasers of assets, investors, and other stakeholders in a broad range of restructuring matters, including: chapter 11 cases, state receiverships, out-of-court workouts, acquisitions, and liquidations.Tim's experience includes representing clients in a broad range of industries, such as energy, oil and gas, manufacturing, and retail.

John Melko, Partner, Foley & Lardner LLP
John Melko is a partner with Foley & Lardner LLP and co-chairs the national Bankruptcy and Business Reorganization section. His practice focuses on complex sales, acquisitions, bankruptcies and financings in the energy sector throughout the United States, as well as offshore and blue water shipping-related issues in both foreign and domestic cases and financings. John has years of cross-border and multinational experience in a broad range of industries: food service; oil and gas exploration; production; transportation; refining and marketing; electric generation and transmission; renewable energy projects; blue water shipping; airlines; and retail cases and workouts. He has represented:

  • Borrowers and debtors in possession
  • Creditors and creditors' committees
  • Securitized noteholders
  • Trustees
  • Investors
  • Buyers of assets and businesses in and out of restructuring or bankruptcy settings

Throughout his career, John has helped guide clients through dislocations in those industries out of court workouts as well as chapters 7, 11 - including sub-chapter V, and chapter 15 procedures. John also serves as an advisory board member of the firm's Energy Sector.

 

 

 

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