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Corporate Counsel Institute Justice Anthony Kennedy March 6-7, 2008 Georgetown University Law Center Washington, DC

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Corporate Counsel Institute Justice Anthony Kennedy March 6-7, 2008 Georgetown University Law Center Washington, DC In cooperation with the 12th Annual Corporate Counsel Institute Justice Anthony Kennedy March 6-7, 2008 Georgetown University Law Center Washington, DC 11.5 CLE credit hours (60 minute hour), including 2.0 of legal ethics 14.0 CLE credit hours (50 minute hour), including 2.0 of legal ethics Agenda B. Employment Law Update: Institute Summary The Internet & The Workplace Georgetown Law CLE and the Association of Corporate Counsel (ACC) have developed Moderator: Christine Zebrowski a practical, relevant and comprehensive two-day program designed to help you address Panelists: Angeline G. Chen your challenges. Our national Advisory Board has created an agenda that combines critical William P.Flanagan substantive law updates with pragmatic tips on how to perform your job more effectively. Arnold H. Pedowitz Eric D. Reicin I Pre-employment - Use of Internet 11.5 CLE credit hours (60 minute hour), including 2.0 of legal ethics searches to make pre-employment 14.0 CLE credit hours (50 minute hour), including 2.0 of legal ethics decisions (including blogs, Google, MySpace, and Facebook) and rescission I Thursday, March 6 11:30 am-12:30 pm of job offers based on information found Antitrust Update: Enforcement on the Internet Priorities & Government Perspectives I 8:00-8:45 am I During employment - Is it concerted on Supreme Court Decisions Registration & Continental Breakfast activity under the National Labor Moderator: Prof. Robert Pitofsky Sponsored by Capital Legal Solutions Relations Act?, personal e-mail, blogging, Panelists: Hon.Thomas O. Barnett and IMing at work, official corporate Hon. Deborah Platt Majoras I 8:45-9:00 am blogging, and release of information (not I National enforcement priorities Welcome and Introduction necessarily confidential) on the Web, but I International antitrust developments Lawrence J. Center, Georgetown Law CLE critical of the company or its officials corporations should monitor Marc Gary, Chair,Advisory Board I Off duty activities on the Web - Post- I Comments on recent major cases Frederick J. Krebs, President,ACC employment and when do you not hire, terminate, or litigate? I 12:30-1:45 pm I 9:00-9:45 am Institute Luncheon Keynote Address C. Campaign Finance, Ethics, and Hon. Mel Martinez (Invited) Hon. Anthony M. Kennedy Lobbying Laws You Need to Know Sponsored by Navigant Consulting, Inc. Moderator: Scott E.Thomas I 9:45-10:15 am Panelists: David B. Kolker I 1:45-2:00 pm Networking Break Robert L.Walker (Invited) Networking Break Sponsored by Axiom Legal I How to comply with the FEC’s (and Sponsored by Axiom Legal state) rules concerning contribution I 10:15-11:30 am limits, disclosures, bundling and I 2:00-3:00 pm Supreme Court Review and Preview fundraising activities, and other Break-out sessions Moderator: Prof. Richard J. Lazarus compliance issues Panelists: Hon. Paul D. Clement I Understanding the new ethics rules A. Compliance - Part 1: Seth P.Waxman adopted by Congress and how they Harnessing the Sentencing Guidelines I Review of important decisions affecting impact lobbying activities, gifts to to Build a Successful Program corporations members, fundraising activities and other Moderator: Beth Byster Corvino I The Court’s securities docket this term interactions with the legislative branch Panelists: Deidra D. Gold I The likely impact of the Court’s labor and I Ensuring compliance with the Lobbying V. Scott Killingsworth employment discrimination decisions Disclosure Act’s requirements applicable I Getting the board on board - I The patent docket and its expansive to in-house lobbyists, as well as those Fiduciary duty and resource allocation implications consultants/lobbyists retained to lobby I Beyond sentencing - The wider world I Additional cases in-house counsel on behalf of a client of compliance incentives should track I Risk assessment and resource I 3:00-3:15 pm prioritization Networking Break I Operationalizing compliance by mapping Sponsored by Axiom Legal the guidelines to business processes I Best practices and benchmark creep I 3:15-4:15 pm I Small, private, and non-profit entities Break-out Sessions I Compliance is not a department - Bridging organizational boundaries A. Compliance - Part 2: Compliance I 4:15-4:30 pm A. Compliance - Part 3: Effectively Using and Maintaining Productive for Companies Doing Business Abroad Networking Break Moderator: Sharie A. Brown Relationships with Internal and Panelists: E. Scott Gilbert I 4:30-5:30 pm External Auditors Anne Nobles Priorities and Trends at the SEC Moderator: James R. Doty Panelists: Robert Blakely Martin J.Wong Moderator: John P.Hartigan I W. Barry Mabry The operational and implementation Panelists: Martin P.Dunn Hon. Charles D. Niemeier challenges that companies face as they Shelley E. Parratt I SOX realities - Are they causing the try to run compliance programs across Linda Chatman Thomsen demise of the 1970’s era FAS 5 Accord? borders I Lessons from the options backdating I I What realistically can inside counsel do Developing codes of conduct, audit/ cases when audit standards and practice yield investigation rules, whistleblower hotlines, I Liability of officers, directors and lawyers few definitive answers? training and other practical components I SEC joint initiatives and cooperation I I How to ensure that auditors stay focused The challenges of internationalizing with the DOJ on real risks and truly material errors U.S.-based rules I Experience with the new e-proxy rules I I Distinguishing roles - The GC, the audit Risk considerations such as conflicts of I Executive compensation disclosure committee and the controller laws, cultural issues, and the importance I Shareholder access and ability to I How best to resolve disagreements of internal stakeholders nominate directors on management’s between auditor and client proxy B. How Major Changes in Patent Law I Small business initiatives Will Impact Corporations B. Follow the Money-Tips for Doing Moderator: G. Brian Busey I 5:30-6:45 pm Business Internationally Panelists: Brian E. Ferguson Networking Cocktail Reception Moderator: Ann Marie Plubell Panelists: Mary S. Elcano C.M.Tokë Vandëvoort Sponsored by Kroll Herb Walmsley Jeffrey W. Ferguson I What are the likely effects of the Patent I 6:45-9:30 pm Michael O’Neill (Invited) I Reform Legislation on business? Advisory Board, Speaker & Getting it - How to raise money for I After Seagate should corporations worry Patron Dinner international ventures while avoiding legal pitfalls: including bond issuance, IPO, about damages being enhanced (trebled) Sponsored by Attenex for willfulness? working with foreign regulators I I Has the Supreme Court in KSR and Giving it - Investing your company’s assets other recent decisions devalued Friday, March 7 in foreign markets, including M&A, FDI, corporate patent portfolios? purchase of goods and services in I Do corporations no longer need to I 8:30-9:00 am non-profit and for-profit ventures and be worried about being held up by Continental Breakfast OFAC, etc. patent trolls? I Getting it back - How to repatriate I What keeps in-house IP counsel awake I 9:00-11:00 am profits, reinvest through foreign ventures at night (other than the neighbor’s dog)? Ethics Roundtable into the U.S., tax issues, CFIUS, etc. Moderator: Prof. Richard W. Painter C. Media Relations:What Every C. Mars and Venus: Understanding the Panelists: James B. Comey Corporate Counsel Needs to Know Perspective of the Other Side in the Keith T. Darcey Moderator: Louis J. Briskman In-House/Outside Counsel Carol Ann Petren Panelists: T.R. Goldman Relationship Hon. E. Norman Veasey Reid H.Weingarten Panelists: Karen Litsinger I Communication with corporate officers Amy Weiss Curtis P.Lu I Communication with directors I The role and importance of corporate Kurt Wimmer I The role of corporate counsel in I counsel in media relations An open and candid discussion between directors and officers’ duty to monitor I Building and maintaining credibility, in-house counsel and their law firm after Caremark and Stone v. Ritter likeability and believability with the media advisors I Sarbanes-Oxley issues in 2008 I I What are the business realities that How to effectively manage the news drive the behavior of law firms and I 11:00-11:30 am media amidst class action litigation, companies? Networking Break Congressional hearings, SEC I How can you reconcile in-house investigations, CEO misconduct, budget constraints with law firm I 11:30-12:30 pm high-stakes mergers and other business profitability pressures? Break-out Sessions disruptions or crises I I How do you find a good match - Taking the offense - How to use Are RFP’s the right method? surrogates, blogs, earned media, external I Can we agree on a common definition allies and other measures in media of a “conflict“? relations I I What is a “quality“ work product Working effectively with media and from each perspective? public relations experts to define, deliver and maintain a consistent message with the media continued — Agenda continued I 12:30-12:50 pm C. Addressing the Legal Challenges risk and control functions e.g., Box Lunch Distribution of Climate Change corporate governance; risk manage- Sponsored by Ernst & Young LLP Moderator: Gilbert E. Keteltas ment (in all its forms); audit; financial Panelists: Kathleen M. Hennessey and internal controls; ethics; I 12:50-2:00 pm Steven M. Morgan compliance; legal; investigations; Break-out Sessions This current combination of litigation and corporate responsibility piecemeal regulation presents the in-house I Defining and differentiating roles and A. How to Manage E-Discovery in lawyer with diverse challenges in areas of responsibilities of these functions with Most Litigation in a Cost-Effective law including: environmental, securities, particular attention to the role of the Manner insurance coverage, international and CLO/GC/Law Department vis-à-vis all Co-Moderators: Joseph M.Aronds transactional.
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