2015 General Counsel Conference - West
November 17, 2015
8:30 am - 9:00 amRegistration and Continental Breakfast
9:00 am - 9:15 amWelcome and Opening Remarks
Greg Mitchell, Editor-in-Chief, The Recorder
9:15 am - 10:15 amLessons from the Headlines: In re: High-Tech Employee Antitrust Litigation
Dean M. Harvey, Partner, Lieff Cabraser
Moderator: Marisa Kendall, Litigation Reporter, The Recorder
Bob Mittelstaedt, Partner, Jones Day

If you’ve followed The Recorder’s coverage of the High-Tech Employee Antitrust Litigations since they were filed in 2010 (DOJ) and then 2013 (civil class action) you will know that the $400M settlement was just finalized, with U.S. District Judge Lucy Koh reducing plaintiff fees from $80M to $40M.   

This session is where the headlines will come to life with special guests from the case gathering with a moderator to discuss the in’s and out’s of litigation, settlement, executive activities, damage control, and more!   

10:15 am - 11:15 amTabletop Exercise - Managing Legal Department Operations
Connie Brenton, Chief of Staff/Director of Legal Operations, NetApp
Stephanie Corey, ‎Legal Chief of Staff, Flextronics

Test drive your approach to the leadership demands of your position, free of office politics. In this session you will be the General Counsel with both operational unit and business responsibilities. Undergo this training exercise and return to your office armed with new strategies for tackling challenges when it comes to:  
  • Budget
  • Outside spend
  • Staffing
  • Managing the board
  • Ensuring corporate governance
  • Managing sideways with senior executive team
11:15 am - 11:30 amNetworking Break
11:30 am - 12:30 pm"What Side Are You On?" Patent Reform Debate
Michael Sacksteder, Chair, Patent Litigation; Partner, Litigation, Fenwick & West
Daniel Nazer, Staff Attorney and Mark Cuban Chair to Eliminate Stupid Patents, Electronic Frontier Foundation
Derrick L. Brent, Associate General Counsel, Masimo

Where do you stand on patent reform?  Expand on those watercooler debates with this spirited discussion of present and future patent litigation trends.  Leave applications, complaints, and motion practice at the door for this no-holds barred deep dive into how patent reform is poised to impact business interests and practices in Silicon Valley.  Gain exclusive insights into how proposed changes could affect actors on all sides.

12:30 pm - 1:30 pmNetworking Lunch
1:30 pm - 2:30 pmLive the California Dream - Strategies to Counter How CA's Unique Litigation and Regulatory Risks Impact Your Business
Peter McGaw, Of Counsel, Archer Norris
Elizabeth McNulty, Partner, Archer Norris
Jeff Groves, General Counsel, O’Reilly Auto Parts

Do you find the California litigation and regulatory climate hostile to the successful operation and future growth of your business? You aren’t alone.
Join this panel to identify the litigation and regulatory obstacles facing California companies doing business in the Golden State and to discuss the unique tactics available to minimize risk and succeed where others have failed. Can you see yourself here? This interactive session will ask you to lend your thoughts on how to manage:
  •  Tracking and responding to the ever changing regulatory landscape;
  • Effectively structuring your case management and compliance management teams;
  • Early evaluation and settlement vs. litigation strategy development;
  • Aggressive litigation considerations and techniques in California’s unique regulatory and litigation environment;
  • Joint defense group considerations.
2:30 pm - 3:30 pmSocial Consciousness – Not Just for the Millennials.
Amy Pierce, Attorney, Pillsbury Winthrop Shaw Pittman LLP
Robert Wallan, Partner, Pillsbury Winthrop Shaw Pittman LLP

Under the California Transparency in Supply Chains Act, since January 1, 2012, every retailer, seller and manufacturer doing business in California and having annual worldwide gross receipts that exceed $100 million has been required to disclose on its website its efforts to eradicate slavery and human trafficking from its direct supply chain. 

Even if you have:

(1)          disclosed your efforts and

(2)          self-certified your compliance with the Act,

… you may still be required to defend your efforts and, for that matter, your supply chain in 2015 and beyond.

The panel discussion will examine the Act and litigation exposure created by this “shaming" statute.

3:30 pm - 3:45 pmNetworking Break
3:45 pm - 5:00 pmRoundtable Discussions - Sharing Pain Points and Solutions with Your Peers

Join one of four interactive sessions designed to provoke thought and spark real-time take-away ideas in connection with specific topics facing in-house counsel. Please choose one of the following table topics below.

3:45 pm - 5:00 pmTrade Secret or Patent? What to Consider When Choosing How to Protect Your Idea
Thomas Fitzpatrick, Partner and Co-chair of the Intellectual Property Litigation Practice Group, Pepper Hamilton LLP

A CEO has gone to their board and said “We’re inventive, we have 12 trade secrets!” 

True story?  Join this roundtable to find out.  

The verdict is in – patents are weaker than they were three years ago.  But this dilution of protection does not have to mean that your ideas are less valuable.  Weigh the pros and cons with your peers in this discussion of how to choose the right path for your idea given the following considerations:

• Which method presents more difficulties of maintenance and enforcement?
• Which method is more difficult to prove damages on?
• What strategy will make outcomes more difficult to pursue and predict?

3:45 pm - 5:00 pmSteering Your Own E-Discovery Ship: How to Take Charge of Your Information Governance and Chop Outside E-Discovery Costs
Mary Mack, Executive Director, Association of Certified eDiscovery Specialists and former Enterprise Technology Counsel, ZyLAB

Information governance is a key function of the in-house legal department given the ongoing demands of litigation and the regulatory environment.  Many companies rely on outside counsel to manage eDiscovery but are exploring bringing e-discovery in-house to help reduce costs, build and apply institutional knowledge, and mitigate risk.  This session will explore creative ways to overcome the obstacles legal leadership face in transitioning e-discovery into an internal function.  Discussion points will include:

  •  How to build the case for the investment of time and money into in-house e-discovery
  •  Building flexibility into staffing to accommodate document requests
  •  Early identification and resolution of glitches in the process
  •  Partnering with IT and security to choose the right system for your organization


3:45 pm - 5:00 pmBurn Out and Substance Abuse - Recognizing and Addressing the Signs of Legal Career Strain
Mick Meagher, Author, Beginning of a Miracle, How to Intervene with the Addicted or Alcoholic Person

Internal conditions are hard to read. The level of intoxication of a well-dressed, Mercedes driver pulled over for a broken tail light will be harder to detect than the man passed out behind the wheel of his pick up truck in the McDonald´s drive thru. (I have represented both).  Beyond physical cues, there are also root causes to consider: when someone is slipping into a pattern of self-medication, is mid career burnout to blame? 

Where is the line between recreational use and self medication, and what are the signs that burnout is pushing someone over it?

Join this discussion for 1.25 California Substance Abuse credits with Mick Meager, practicing attorney and author of Beginning of a Miracle, How to Intervene with the Addicted or Alcoholic Person.

3:45 pm - 5:00 pmThe General Counsel’s Role in Cybersecurity Preparedness
Adam Coates, Associate General Counsel & Managing Director, Compliance & Enforcement – Americas, BSA

We've all read the headlines, but how can you, as the in-house counsel, become active in risk oversight and generate dialogue about adapting an actionable cybersecurity strategy?  Join this discussion to exchange "what works" when it comes to:

  • The role of the General Counsel in directing cybersecurity strategy
  • Internal and external measures for protecting, detecting and mitigating risks
  • Relationships with other stakeholders

5:00 pm - 6:00 pmCocktail Reception