Pacific Standard Time

Cocktails and magic! An exciting combination, just in time for the holidays. Join Keker, Van Nest & Peters and your fellow ACC SFBA members as we learn how to make a new cocktail and witness some mind-bending virtual magic tricks! Say hello to friends old and new, and wish them a happy holiday as we close out 2021!

Wednesday, December 15
5:00pm - 6:00pm PT
Fee: $10

Dentons popular "Beyond Illusions" event series returns in-person this year! Join us at the Magic Castle, home of the Academy of Magical Arts, for a CLE session followed by displays of magic.

In this themed CLE, our legal magicians, Allison Bender and Peter Stockburger, will look into the crystal ball and examine the emerging privacy and cybersecurity trends for 2022. Tricks will include:

•            Abracadabra! A look at magically appearing new state privacy laws and how to pull a rabbit from the hat when preparing for 2023.

•            Poof! How to avoid watching hackers disappear your data!

•            Look into our crystal ball! A look ahead to federal developments, including incident reporting for critical infrastructure, ransomware reporting, and a federal data privacy law. Will it all pass in 2022? What else is on the horizon?

The Magic Castle has a strict dress code requiring business attire or evening wear, which will be enforced. For men: suit or coat with tie, slacks and dress shoes required. For women: formal or cocktail dress, skirt and blouse or pant-suit and dress shoes required. Casual or athletic attire, denim and sneakers are all prohibited. Further dress code information may be found at the Magic Castle's website.

All guests must show proof of COVID vaccination to enter the venue.

More than eighteen months since the Covid-19 pandemic began, the traditional work model has changed for most California employers. With remote work and hybrid working schedules, companies and their employees are adapting to a changing workplace.  The laws enacted to govern the traditional physical workplace must now be applied to the virtual one.  This shift has led to new legal challenges for companies and their in house lawyers.  This webinar will discuss the top employment law challenges the “new normal” raises for companies, and the best practices for addressing them.  We will also look at new laws and other changes impacting employers in 2022

ACC 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 two options each hour! Your ticket includes breakfast, a box lunch, and snacks. The day will conclude with a Happy Hour with complimentary cocktails and appetizers outside in the Santiago Courtyard.

Make a great first impression with a new portrait
ACC San Diego will be offering complimentary headshots during the event. A good headshot helps build a credible reputation when hunting for a job or building your company’s brand identity. Stand out in the crowd with a professional headshot from Brent Haywood Photography! (ACC members only.)

8:30 - 9:30 AM
Registration, breakfast and networking

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Session 1
9:30 - 10:30 AM
Top Five Priorities for Getting Your Privacy House In Order In 2022

Speakers:

         

Elizabeth Balfour, Partner, Sheppard Mullin
Wynter Deagle, Partner, Sheppard Mullin
Iris Mitrakos, Vice President, Associate General Counsel, Mitchell International, Inc., an Enlyte Company & ACC San Diego Board Member

2022 promises to be another dynamic year for privacy.   We will identify the 5 top privacy priorities for in-house counsel, including preparing for upcoming laws/regulations, mitigating enforcement risks, preserving the attorney-client privilege, minimizing risk in vendor contracting, and honoring competing ethical and privacy obligations in litigation. (1 Competency Credit)

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Session 2
9:30 - 10:30 AM
Legal Ethics: What You Need to Know in 2022

Speakers:

    

Michelle Galloway, Of Counsel, Cooley
Caroline Perry, Senior Vice President, Business Administration and General Counsel, San Diego Padres & ACC San Diego Board Member

This program will cover current hot button ethics issues that in-house attorneys confront on a regular basis.  We will update you on new rules and opinions from 2021.   We will also drill down on topics that are receiving attention by disciplinary authorities and the Courts including: 

    ♦ Confidentiality and privilege, especially given cyber-attacks and the risks from internal bad-actors, and what about people using non-company email accounts?
     ♦ Conflicts of interest, including multiple suits against in house attorneys in 2021
     ♦ Duties related to  candor, companies have been hit with sanctions including default judgments for false representations to courts
     ♦ Duties regarding third parties – can you negotiate with a principal when their lawyer is not present?
     ♦ Duties of supervisory and subordinate attorneys
     ♦ Disrespect, discrimination and harassment issues under Rule 8.4
(1 Ethics Credit)

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Session 3
10:45 - 11:45 AM
The Role of the In-House Counsel: Bridging the Workforce Generational/Cultural Divide

Speakers:

Jennifer Rubin, Member, Mintz
Shaka Johnson, Vice President & Associate General Counsel, Sony Electronics and ACC San Diego Board Member
Jamie Jacobs, Co-Founder, Gig Talent
Sadie Stern, Executive Vice President, Chief Human Resource Officer, Dexcom

A new generation of employees – tech savvy, social justice aware and keenly interested in environmental issues – has an active, powerful and fearlessly exercised workplace voice. Harnessing, retaining and satisfying Generation We is a significant human capital risk to business. The conflicts intergenerational rifts and the disparate approach Generation We takes to the concept of employment as both experimental and meaning-driven highlight the vital role counsel plays in helping business proactively plan for and manage these issues.  Business relies on in house lawyers to problem solve the mix of business and legal and particularly the more pressing human capital issues impacting business. Our presentation will focus on the legal framework supporting solutions to the mix of these challenges and will provide some practical tips to support human resource professionals and, importantly, the C-suite as in house counsel plays a critical business partner in meeting these challenges. (1 MCLE credit)

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Session 4
10:45 - 11:45 AM
Well Represented: Strategies for Handling Class and PAGA Actions Before and During Litigation

Speakers:

    

Ryan Nell, Shareholder, Pettit Kohn Ingrassia Lutz & Dolin
Marty Hochman, Deputy General Counsel, Callaway Golf Company

California has seen a dramatic and sustained increase in representative wage and hour litigation – through both class actions and representative claims asserted pursuant to the Private Attorneys General Act of 2004 (PAGA).  Attorney Ryan Nell will provide a high-level statutory and case law update as a means of fostering discussion regarding best practices for avoiding representative litigation and, when avoidance is not possible, mitigating damages.  While employers too often find themselves in the crosshairs of opportunistic litigants, the concepts discussed during this session will aim to minimize employers’ status as targets for claims. (1 MCLE credit)

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Session 5
12:15 - 1:15 PM
Fraud Enforcement Update

Speakers:

    

Adam Braverman, Partner, Morrison & Foerster
Brian Kidd, Partner, Morrison & Foerster

The presentation will outline white collar enforcement statistics and trends, enforcement predictions under the Biden Administration, securities and commodities fraud, the DOJ’s compliance guidelines, cryptocurrency enforcement, and government procurement fraud. (1 MCLE Credit)

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Session 6
12:15 - 1:15 PM
Critical Factors for IP Due Diligence

Speakers:

    

Jonathan Dixon, Global Head of Legal, Bionano Genomics, Inc.
Pattric Rawlins, Partner, Procopio

Conducting IP due diligence when buying a company with a valuable intellectual property portfolio should be a critical part of the transaction. This session will cover how to engage with the internal business team to scope out the project and set expectations, how to manage outside counsel to conduct the comprehensive intellectual property portfolio diligence and provide actionable information, and thoughts on communicating with the team so appropriate business decisions can be made. (1 MCLE credit)

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Session 7
1:30 - 2:30 PM
Mental Health and Substance Abuse in the Legal Profession and Workplace

Speakers:

    

Emilia Arutunian, Principal, Jackson Lewis P.C.
Stephanie Kierig, Associate, Jackson Lewis P.C.

Mental health problems are very common in the legal profession. Research has shown that lawyers are more prone to stress-related illnesses than most other professions-- including burnout, insomnia, clinical depression, gambling addiction, and substance abuse. Despite the high rates of drug addiction and depression among lawyers, there is little public discussion or open acknowledgment of the problem. Nevertheless, lawyers can take steps both to avoid these problems and to handle them once they have taken hold. Join us as we address and recognize the growing demand for information and resources to address mental health, substance abuse, and lawyer well-being. (1 Competency Credit)

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Session 8
1:30 - 2:30 PM
Unpacking Unconscious Bias

Speakers:

    

Camille Gustafson, Partner, Paul Plevin Sullivan & Connaughton LLP
Corrie Klekowski, Partner, Paul Plevin Sullivan & Connaughton LLP

This session will review issues related to unconscious bias in the workplace and recent cases to discern best practices for avoiding these types of claims.  In particular, the session will look at research concerning common areas for unconscious bias to impact the workplace, such as compensation, performance evaluations, and professional development, and tactics for controlling against such bias. (1 Elimination of Bias Credit)

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Session 9
2:45 - 3:45 PM
2022 Cyber Risk: The Wisdom of Insecurity

Speakers:

    

Justine Phillips, Partner, DLA Piper
Adam Welland, VP, Transactions and Partnerships, Altos

Continued attacks on vendors and trusted software supply chain and reactive new laws, create immeasurable uncertainty and uncalculated risk for many businesses. In-house counsel are often asked to evaluate cyber risk and identify ways to avoid, reduce, mitigate or transfer the risk.  In this interactive and engaging presentation, Justine Phillips and Adam Welland will provide a cyber threat briefing, explain new federal and state laws and regulations that impose new obligations on businesses on securing data, and provide essential and actionable skills to evaluate/calculate/mitigate cyber risk. (1 MCLE Credit)

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Session 10
2:45 - 3:45 PM
Practical Considerations When Pursuing Federal Funding

Speakers:

    

Erin Felix, Shareholder, Polsinelli
Jen Bush, EVP, Chief Legal & People Officer, Artiva Biotherapeutics and ACC San Diego Board Member

Selling products and services to the federal government and receiving federal funding in the form of grants, cooperative agreements, or other types of assistance vehicles can provide a valuable revenue stream to your organization.  With government funding, however, also comes certain unique obligations and restrictions to ensure that public monies are properly accounted for and reasonably spent.  In this session, we will discuss the key compliance requirements companies encounter under various government agreement types in order to assist in-house practitioners with guiding their management teams in thinking through the pros and cons of pursuing federal awards. (1 MCLE credit)

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4:00 - 5:30 PM
Happy Hour outside in the Santiago Courtyard
Complimentary cocktails and appetizers

Our presentation will cover nuances relating to execution of commercial contracts with an Indian party, and will touch upon key issues on confidentiality, protection of intellectual property, restrictive covenants, anti-corruption, limitation of liability, indemnification and damages. We will cover aspects for assessment of suitable governing law and dispute resolution mechanism for such contracts. Further, we will also discuss the execution formalities for contracts in India, including, stamp duty, registration and electronic execution. Lastly, we will discuss the importance of having comprehensive employment contracts with Indian employees and key managerial personnel.

Speaker:
Rukshad Davar, Partner, Majmudar & Partners

Tuesday, November 30
8:30am - 9:30am PT

Over the past year, the demand for health care via telehealth has continued to skyrocket as a result of the COVID-19 pandemic and the public’s increased comfort with obtaining health care goods and services virtually.

While this increased demand has brought incredible ingenuity in the delivery of care by both brick-and-mortar providers and telehealth companies, it has also ushered in increased government scrutiny. Compliance is becoming increasingly complex as waivers and flexibilities instituted due to the Covid-19 pandemic have made an already cumbersome regulatory environment even harder to navigate.

During this program we will demystify the current status of laws and regulations, untangle the web of legislation before Congress related to the expansion of telehealth services, discuss recent enforcement activity, and look ahead to trends we see on the horizon.  

On July 9, 2021, President Biden signed an Executive Order targeting antitrust regulation and enforcement to increase competition in an open economy. The mandate directs more than 20 executive agencies, including the DOJ and FTC to implement rulemaking and policy changes in accordance with the administration’s agenda. Progressives have been installed to head up the FTC and DOJ. There is bipartisan support for legislative change. Now more than ever, competition policy and theory are at a critical tipping point. Federal antitrust enforcers are also laser-focused on the intersection of data privacy practices and growing marketing power of corporations. Join us for a complimentary webinar, as two Crowell & Moring partners, including a former attorney at the FTC Bureau of Consumer Protection and a partner in their Antitrust and Competition practice, discuss key takeaways from antitrust enforcement activity under the Biden administration and what corporations can expect going into 2022.

Topics include: 

• The Biden Executive Order: What it says
• Potential legislative changes by Congress: Impact and Implications
• FTC and DOJ’s enforcement authority: Civil and Criminal Changes
• Privacy and data security on the FTC agenda
• What to expect in 2022 under Biden (merger review, monopolization, cartels, etc.)

We have refashioned our 24th Annual Workplace Law Update to efficiently give you the employment developments you need, with added flexibility.  You may attend our afternoon presentations live and in-person, or virtually. 

Our new venue, Building 177 in Liberty Station, can accommodate in-person attendees with social distancing.  In-person attendees can also join us afterwards for a happy hour.

Program Information:

• New Legislation for 2022
• Wage and Hour Update
• NLRB Update
• Litigation Trends and Theories Resulting From COVID
• Tackling Current COVID Challenges: Perspectives from Outside Counsel and General Counsel 
• Rich Paul and George Howard's Crystal Ball

Includes program materials, legislative update and HR checklist.  Approved for 3.25 hours of MCLE credit.   This activity is pending HR Certification Institute’s® (HRCI®) criteria for recertification credit approval.

This presentation covers recently-enacted, major legislation impacting employers in California. Topics include the minimum wage increase, COVID-19 and workplace safety updates, and developments impacting leaves of absence, reasonable accommodations, and certain employment-related agreements.

Register in advance for this meeting:

https://meetsutter.zoom.us/meeting/register/tJcsf-yvpj8sGdfRq067mm78Uq7128GK5fOG