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Inside 2Q2021 2...... Biden-Harris Administration’s 9...... New Board Member Spotlight First 100 Days Expose Priorities, Lay 10... New and Returning Members Groundwork For New Policies 12... Positively Legal: The Power of Unfocus 7...... In Case You Missed It 13... ACC News 7...... 2021 Upcoming ACCGP Events 15... #bestIHCCever Did Not Disappoint! 8...... Key Considerations If the World Trade Organization Decides to Waive 16... Chapter Leadership IP Rights for COVID-19 Vaccines FOCUS A Message From the President Michael Eckhardt In-Transition Membership The first quarter of initial Diversity, Equity, Inclusion and 2021 was filled with Belonging vision and mission statement, If you are a member who is in transition, great substantive which we will share on our website in the take advantage of the opportunity to and social program- coming months. continue your membership AT NO ming and strong COST. ACC will waive dues for existing Our sponsors hosted over 15 substantive attendance from members for up to one year, and offer CLE programs in the first quarter, includ- the Chapter’s 1,650 a reduced membership rate for up ing our 3rd Annual GC/CLO Summit, with plus members. We a focus on Diversity and Inclusion. Our to an additional two years if you are cannot thank our Michael J. Eckhardt sponsors from Cozen O’Connor, Faegre displaced but actively seeking a new in- volunteer practice SVP, Chief Risk Officer, Drinker and led discussions with house position. [In-Transition/Retired General Counsel & and social chairs over 70 General Counsel and Chief Legal Application] For more information Secretary enough for all the Officers on topics including diversity in about In-Transition Membership, please , Inc. time they, along the Boardroom, compliance efforts related visit: https://www.acc.com/membership/ with our Chapter to diversity, equity and inclusion, and Administrators, Chris Stewart and Joanne become-a-member/in-transition-member. the positive impact of diverse teams in Ray, and sponsors put into planning and litigation and regulatory investigations. delivering the events. Below are some of We concluded the Summit with a social the highlights since January. Retired hour and the Chapter donated $3,000 The Chapter’s Board kicked off the year in to the Chapter’s Diversity Internship Membership January with a special session led by our Program. Our Meet Your Counterparts Recently retired ACC members may friends from Dechert where we discussed (MYC) events hosted by Troutman continue their membership at a reduced the Chapter’s Diversity, Equity, Inclusion Pepper, Stevens & Lee and Hogan Lovells rate of $95 annually. You can email and Belonging journey. Dechert litigation were attended by over 200 members, [email protected] to request an partner, Sozi Tulante, and Chief Diversity, and notably the Stevens & Lee MYC in Equity and Inclusion Officer, Satra Samp- February celebrated Black History Month invoice for this great rate, or submit son-Arokium, led a workshop as to the by learning how to cook with spices. the In-Transition/Retired Application, characteristics of an inclusive leader and We thank Troutman Pepper and Hogan and be sure to select the RETIRED presented case studies on sound judgment Lovells for providing attendees with wine option. For more information about and good business decisions. The Chap- for the wine tasting events. We are in Retired Membership, please visit: https:// ter’s leadership looks forward to continu- the final phases of matching 19 diversity www.acc.com/membership/become-a- ing the conversation as to how the Chapter interns with 18 member companies for the member/retired-member. can promote and advance the goals of Chapter’s 13th annual Diversity Summer diversity, equity, inclusion and belonging Internship Program. for the benefit of the Chapter’s members, If you have questions, please The IHCC Committee provided two full sponsors, the legal profession, and the contact ACC’s membership days of substantive and social program- greater community. On this department at ming, including a keynote session from front, the Chapter’s leadership is also in 202.293.4103, ext. 360 or the final phases of creating the Chapter’s at [email protected]. continued on page 2 continued from page 1

Adam Grant. All attendees will receive showed that 70% of our members prefer We continue to develop plans to engage Adam’s new book, Think Again: The the virtual CLE option – and this does our members in different ways, in both Power of Knowing What You Don’t Know not appear likely to change unless the virtual and in person environments, as well as other great items from our relevant state bar associations re-institute reaching out to new members, hosting sponsors in a “swag” box to be received the prior virtual CLE limitations. This quarterly new member meetings and plan- after the IHCC. The IHCC featured a result is not surprising based on the cur- ning “meet your leadership” type events lunch, “The Art of the Lunch” with the rent remote work situation of many of our throughout the remainder of the year. Our Philadelphia Volunteer Lawyers for members. Interestingly, 60% of members goal is to more touchpoints for our the Arts (PVLA) and The Philadelphia also said they would like to see a mixture members to meet with and get to better Dance Company. This lunch was an of in-person and virtual CLE presenta- know the Chapter’s leadership. exciting mix of performing arts, pro bono tions. In-person CLE events, however, Our and Officers are and legal education. The performance may be a more difficult proposition than here to serve you—we welcome your feed- was followed by remarks from Joan Myers an in-person social event, because almost back, your ideas, your input, and most of Brown, the founder of Philadanco! and half of our surveyed members prefer any all your involvement. You can reach me nationally-renowned icon and visionary in-person event to be held outside, which directly at [email protected] leader in African-American dance. This adds an additional complication to the or 610.358.8044. We look forward to see- 2nd virtual IHCC had over 800 members CLE presentation. Based on the survey, ing you (virtually and in person) and we in attendance! we believe that attendance at in-person sincerely hope you will take full advantage MYC events may be substantially similar Due to COVID restrictions, we found it of the many benefits and become actively to in-person MYC events before the pan- necessary to postpone the Spring Fling, engaged in the wonderful opportunities demic began. We hosted our first in-per- which was scheduled to take place in that our Chapter has planned as we con- son event since March 2020 on May 20th early May. We continue to monitor CDC tinue to move through 2021! with a Meet Your Counterparts/Network- guidance and our members’ comfort level ing Cocktail Reception at Estia in Radnor. Warmest regards, with in-person events and mitigation It was hosted by Ogeltree Deakins and Michael Eckhardt measures such as mask wearing and social there were 50 members in attendance. President distancing. Thank you for participating ACC Greater Philadelphia in the recent member survey. The survey

Biden-Harris Administration’s First 100 Days Expose Priorities, Lay Groundwork For New Policies

US President Joseph Biden and Vice posals, starting with the American Rescue CLIMATE CHANGE: President Kamala Harris have consistently Plan of 2021 and continuing through the ENVIRONMENTAL POLICY framed their policies with what they call release of the proposed American Jobs The Biden-Harris administration has set the four major “crises” facing the nation: Plan (focusing on infrastructure) on its sights on an ambitious environmental COVID-19, the economy, climate, and March 31, 2021, and the framework of policy agenda, focusing on climate change inequity. Many of the most important the American Families Plan on April 28, and environmental justice as key initia- executive actions and policy proposals 2021. tives, and intends to implement its agenda during the first 100 days of the Biden-Har- While 100 days of a 1,094-day term of through an “all of government” approach. ris administration, whether by legislative office is in many respects an artifice, it The all-of-government strategy employs a proposal, executive order, rulemaking, or historically serves as a point at which coordinated, multi-department, multi- other policy vehicle, have been framed as we take measure of performance. The agency approach to address particularly an attempt to address one or more of these following recap is a look back at some of complex problems. four policy concerns, and most address the more wide-reaching and impactful more than one. The administration’sExecutive Order on (or in some cases, potentially impact- Tackling the Climate Crisis at Home and Day 1 of the administration started with a ful) executive orders, legislative actions, Abroad established three working groups series of executive orders addressing mat- policy proposals, and other developments at the core of the all-of-government strat- ters within the president’s direct authority during the first phase of the Biden-Harris egy. They bring together cabinet members and then continued on to legislative pro- administration’s term. and people in other key positions across

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2 Greater Philadelphia Chapter FOCUS 2Q21 continued from page 2 numerous federal agencies and depart- and the Earth Day climate change summit solar panels and wind-related materi- ments to address climate change, envi- that brought together world leaders to als in the to encourage a ronmental justice, and related economic share how they are addressing climate migration from purchasing those mate- revitalization issues. change efforts in their countries, the rials from Chinese manufacturers. Biden-Harris administration is taking • National Climate Task Force: The task More information can be found in significant steps to create a comprehen- force will lead the all-of-government Achieving Energy Goals in the ‘New sive approach to reducing emissions. To approach and implement federal actions Abnormal.’ achieve the aggressive goals and detailed aimed at, among other things, reducing plans set out by the administration during climate pollution, delivering environ- CLIMATE CHANGE: ELECTRIC its first 100 days, we are expecting more mental justice, protecting public health, VEHICLES regulation, and more actions like exec- and stimulating job growth. The exec- utive orders, that can be implemented The Biden-Harris administration is utive order permits the members of the faster than new legislation. widely considered to be a catalyst for task force to prioritize action on climate facilitation of continued electric vehicle change in their policymaking and bud- • President Biden is expected to estab- (EV) deployment on US roads. To date, get processes and procurement efforts lish a national Clean Energy Standard, Biden has emphasized his administra- and their engagement with state, local, which will be the first time the United tion’s support for continued growth of tribal, and territorial governments. States will establish a national stan- EVs in two ways: through the issuance of dard requiring utilities to use a specific • Interagency Working Group on Coal Executive Order No. 14008 and through amount of renewable energy power. His and Power Plant Communities and the White House’s proposed American goal is to get energy production to be Economic Revitalization: The working Jobs Plan. zero emissions by 2035, and to get to group is charged with coordinating the carbon net zero by 2050. Executive Order No. 14008, issued in identification and delivery of federal January, addresses, among other things, resources to revitalize communities • The United States announced a 52% procurement of a federal EV fleet. Under whose economies are focused on coal, reduction in emissions by 2030, which Section 205 of the order, President Biden oil, gas, and power plants. Coordination will require significant changes across mandated the development of a com- with state, local, and tribal officials; the country. A large part of that goal prehensive plan that would aim to use unions; environmental justice organi- rests with how the United States pro- all available procurement authorities to zations; community groups; and other duces energy and delivers that energy achieve or facilitate clean and zero-emis- stakeholders will enable the group to to consumers. More information can be sion vehicles for federal, state, local, and assess opportunities to protect the inter- found in Biden Sets Ambitious Goal for tribal government fleets. ests of coal and power plant workers. Greenhouse Gas Emissions. In the American Jobs Plan, the White • White House Environmental Justice • Another major component of President House proposes a $174 billion invest- Interagency Council: The executive Biden’s plan focuses on extending and ment to spur the development of EVs order provides for a variety of specific expanding tax credits for both renew- and charging infrastructure. Through actions to be taken, including new able energy production and invest- that investment, the plan would establish agency offices, screening tools, and ments. Significant private investment grant and incentive programs to develop directives to strengthen and coordi- will be required to achieve the targets a network of 500,000 charging stations, nate enforcement. The council has the administration has laid out and and would aim to replace or otherwise been established to develop strate- meet the demand for renewable energy electrify 50,000 diesel transit vehicles and gies to address current and historic nationwide. The investment tax credits 20% of existing school buses nationwide environmental injustice and identify are designed to help bring in this invest- with EVs. clear performance metrics to ensure ment to renewable energy development. accountability. A significant part of the tax credits is a The American Jobs Plan also proposes separate credit for energy storage, which funding to electrify the federal fleet of More information can be found in had only been allowed as part of a solar vehicles, including US Postal Service Biden-Harris Administration’s ‘All of project for past tax credits. Incentivizing vehicles, and proposes the continuation of Government’ Approach to Addressing energy storage projects as standalone certain tax incentives and creation of new Climate Change and Environmental developments could be a big change. point-of-sale rebates for purchasers of Justice. EVs made in the United States. • Manufacturing is also an important part CLIMATE CHANGE: of the plan. The Biden-Harris admin- More information can be found in Legal RENEWABLE ENERGY AND istration has announced that one way Issues Facing Electric Vehicles Charging EMISSIONS to encourage economic recovery after Projects. Between executive orders issued during COVID-19 is through green growth. It the first week of the new administration is incentivizing the manufacturing of continued on page 4 3 continued from page 3

ECONOMY: TAX CHANGES The act appropriates an additional $10 Biden Department of Labor (DOL) may billion to carry out Titles I, III, and VII of impact the regulation and enforcement of President Biden, his administration, and the Defense Production Act, principally ERISA’s fiduciary standards. In the final Congress are focused on long-term eco- with respect to COVID-19-related medi- weeks of 2020, the DOL finalized two nomic recovery, deficit reduction, and tax cal supplies and equipment. The funds are regulations regarding ERISA fiduciary reform. Current proposals cover a broad intended for use in the purchase, produc- duties: Financial Factors in Selecting range of tax policy issues, from raising tion (including the construction, repair, Plan Investments (the ESG rule), and the corporate income tax rate to reform- and retrofitting of government-owned or Fiduciary Duties Regarding Proxy Voting ing the current international tax regime. private facilities as necessary), or distri- and Shareholder Rights (the proxy voting See Tax Reform on the Horizon, which bution of medical supplies and equipment rule). But in early March, the DOL issued summarizes key elements of certain tax (including durable medical equipment) an enforcement statement announcing reform proposals that have emerged, for related to combating the COVID-19 that it will not enforce either of the two more information. pandemic. While the allocation of these new rules. Relatedly, the Made in America Tax Plan funds is not specified in the bill, the funds For those plans that were under a current would dramatically change the US tax are intended flexibly to cover a broad DOL investigation related to environmen- landscape. Changes would include an range of products, including products for tal, social, and governance (ESG) usage, increase to the corporate tax rate from the detection or diagnosis of the virus, the DOL’s announcement probably signals 21% to 28%, as well as various inter- personal protective equipment (PPE), and the end of its current enforcement effort national tax changes, including to the drugs, devices, and biological products in this area. This development is also global intangible low-taxed income, the for use in treating or preventing COVID- viewed as a sign that the Biden DOL will base erosion and anti-abuse tax, and the 19. Importantly, the funds also can be prepare a new set of regulatory interpreta- deduction for foreign derived intangible used for machinery, manufacturing lines, tions in these two areas. However, it may income. These tax changes are antici- facilities, and technologies necessary to be some time until the DOL proposes pated to fund $2 trillion needed for the produce these items, including in govern- such new guidance. There is also some American Rescue Plan Act over 15 years. ment-owned or private facilities. uncertainty because a nonenforcement The tax plan is described in a 25-page The American Rescue Plan Act extends policy does not remove either rule. fact sheet that outlines the Biden-Har- unemployment benefits until September ris administration’s policy ambitions to Pooled employer plans (PEPs) are a new 6, 2021, and provides an additional $300 improve the country’s infrastructure, form of multiple-employer plans that payment per week. The mixed-earner make targeted investments to improve were made available by the 2019 SECURE supplement provides an extra $100 per the country’s global competitiveness, and Act (with broad bipartisan support), week for those whose income is a mix address climate change. facilitating the operation of 401(k) plan of self-employed and wages paid by arrangements for groups of unrelated their employer. The act also extends the ECONOMY: RELIEF FUNDS employers. The effective date for the PEP Pandemic Unemployment Assistance rules was January 1, 2021. During 2020, President Biden signed the American (PUA) program to September 6, capped the DOL adopted a regulation on the Rescue Plan Act of 2021 on March 11, at 79 weeks; the PUA program covers the registration of pooled plan providers, which provides $1.9 trillion in relief self-employed, gig workers, part-timers, the entities that sponsor and administer funds across a broad spectrum of cate- and others who are not eligible to receive PEPs, and also requested comments on gories, including additional support for regular unemployment benefits. There is prohibited transaction issues for PEP vaccine distribution, school reopenings, also a new tax-free unemployment ben- arrangements. We expect that during small business grants, tax credits, pension efits allowance that will allow recipients 2021 the DOL will continue to issue guid- funds, unemployment support, health with an annual household income of less ance on the many operational questions benefits, and homeowner assistance. The than $150,000 to avoid paying tax on the arising with PEPs. American Rescue Plan Act restores the first $10,200 of benefits. State Small Business Credit Initiative, The DOL has also announced that it will More information can be found at Initial which expired in 2017. This new iteration have a continued focus on investment Key Takeaways from the American Res- of the program will provide $10 billion advice fiduciary standards, with a particu- cue Plan Act of 2021. in funding to support small businesses lar focus on advice to plan participants responding to and recovering from the ESG AND ERISA FIDUCIARIES and retail investors, also known as the economic effects of the COVID–19 “fiduciary rule.” In February 2021, the pandemic. It also establishes a $29 billion There are a number of issues in the ERISA DOL allowed one component of the Restaurant Revitalization Fund to address fiduciary space that have already gar- Trump-era interpretation of the fiduciary the pandemic’s devastating impact on the nered the new administration’s attention rule, PTE 2020-02, to become effective. food services industry. and there are certain clues about how a But a few weeks later, the DOL issued continued on page 5

4 Greater Philadelphia Chapter FOCUS 2Q21 continued from page 4

FAQs on the fiduciary rule that stated training and by closing a hotline that and require employers to provide paid that DOL will be taking further action received such complaints. sick/FMLA leave. The $15 minimum in this space, including by (1) amending wage proved to be a sticking point in the President Biden also issued an executive the investment advice fiduciary regula- stimulus package, so President Biden order instructing the DOL’s Occupational tion, (2) amending PTE 2020-02, and (3) announced on April 27 that he will issue Safety & Health Administration (OSHA) amending or revoking other available an executive order increasing the min- to determine by March 15 whether to exemptions. As a result, it is expected that imum for certain workers on covered issue an Emergency Temporary Standard the Biden DOL will focus on continuing federal contracts. Similarly, if paid leave (ETS) regarding COVID-19. Employ- to issue rules that impact the fiduciary legislative efforts fail, President Biden ers have been awaiting the issuance of rule standards and, as the Obama DOL could issue an executive order requiring an ETS and this delay has caused some did, will seek to expand the scope of the an expanded group of federal contractors confusion as to whether OSHA intends definition of “fiduciary” to cover more to provide paid sick leave. Congress’s to do so, but on April 26, Secretary Walsh forms of investment advice. expansion of tax credits under the Amer- indicated that the rule is under final ican Rescue Plan Act to employers with We expect that the DOL will continue review at the White House and should be less than 500 employees who voluntarily its robust enforcement efforts, including issued within two weeks. provide COVID-19-related sick and with a possible new focus on data and President Biden’s instruction to all family leave was another route to partially cybersecurity. In fact, the DOL recently agencies to freeze and review proposed achieve this policy goal. issued new subregulatory guidance on regulations and regulations that were the topic, which could be a further signal Beyond executive orders and rulemaking, not yet effective has also impacted some that DOL investigations could be coming. DOL has issued subregulatory guidance DOL and Equal Employment Oppor- Enforcement efforts could also include that may have slipped under the radar of tunity Commission (EEOC) rules. This the continuation and possible expansion some observers. Examples include a new included the Wage and Hour Division’s of the “missing participant” investigations set of FAQs posted on Wage and Hour’s independent contractor rule: DOL has and possible DOL and US Securities and website that include new COVID-19-re- delayed the effective date and proposed Exchange Commission (SEC) coordinated lated guidance, and reinstating the agency’s to withdraw the rule, which action has enforcement efforts on the new invest- approach to seeking liquidated damages in been challenged. Other DOL rules are ment advice exemption and Regulation pre-litigation investigations. DOL enforce- in litigation and subject to review and Best Interest. ment of these and other policies will be rescission, such as the joint employer rule bolstered by the infusion of $200 million More information can be found in Hot and the OFCCP’s religious exemption in appropriated funds under the American Topics in Employee Benefits. rule. The EEOC released new proposed Rescue Plan Act. Congress earmarked rules on the application of the Americans this additional money for certain DOL MAJOR LABOR AND with Disabilities Act (ADA) and Genetic agencies “to carry out COVID-19 related EMPLOYMENT UPDATES Information Nondiscrimination Act worker protection activities, and for the (GINA) to wellness programs on January President Biden has issued several key Office of Inspector General for oversight 7, 2021. Those rules were also pulled back executive orders and the DOL has been of the Secretary’s activities to prevent, pre- from publication in the Federal Register active with rulemaking and guidance to pare for, and respond to COVID-19.” implement the administration’s employ- by the regulatory freeze implemented by ee-friendly agenda. As expected, the DOL the Biden-Harris administration. IMMIGRATION has also taken steps to reverse Trump On April 26, President Biden signed an The Trump administration implemented administration policies and realign with executive order creating a White House more than 1,000 immigration-related Obama-era policies. task force to promote labor organizing. changes, radically altering the current Significant executive orders started on The task force will be led by Vice Pres- immigration system. These changes were Day 1, with the rescission of a Trump ident Kamala Harris, with Secretary of undertaken through executive actions, executive order that had placed ambig- Labor Marty Walsh as vice chair and policy memoranda, and regulations. In uous restrictions on federal contractor other cabinet officials and top White a sharp about-face, the Biden-Harris diversity training. This provided immedi- House advisers serving as members. The administration quickly announced a series ate relief to federal contractor employers task force will issue recommendations of immigration-related short-term and from reviewing, amending, and poten- on how the government can use exist- long-term measures favoring immigra- tially suspending diversity training. ing authority to help workers join labor tion. This included a freeze on all pub- The DOL’s Office of Federal Contractor unions and bargain collectively, and rec- lished regulations not effective on January Compliance Programs (OFCCP) followed ommend new policies aimed at achieving 20, 2021; withdrawal of all regulations not the order by halting investigations into these goals. published by January 20, 2021; the intro- employee complaints regarding diversity Two key policies for this administration are to raise the minimum wage to $15 continued on page 6

5 continued from page 5 duction of immigration legislation; and Biden-Harris administration announced lamation. This will be highly beneficial the appointments of new heads of immi- that it would no longer defend the public for companies and employees seeking to gration agencies. President Biden revoked charge rule in court, and USCIS has since resume global mobility. More information the Trump administration’s travel and formally withdrawn the rule. can be found in Presidential Proclamation immigration restrictions on a group of 10052 Expires. Regional COVID-19-re- President Biden rescinded Presidential 13 countries, most of which are predomi- lated travel restrictions are still in force. Proclamation 10014, the prior adminis- nantly Muslim or African. He ordered the tration’s ban that suspended the issuance Finally, on April 27 USCIS reinstituted its US Departments of Justice and Homeland of certain green cards overseas and barred longstanding deference policy, which had Security to take “all appropriate actions” entry into the United States of certain been rescinded under the Trump admin- to safeguard the Obama-era Deferred groups of immigrants. Effective immedi- istration. The deference policy requires Action for Childhood Arrivals program ately, these individuals should be eligible immigration adjudicators to give defer- that offers works permits and deportation to enter the United States as permanent ence to prior decisions in the same visa relief to more than 640,000 undocu- residents, and US consular posts should matter, absent fraud or material changes. mented immigrants brought to the United begin issuing immigrant visas to these The reinstitution of the deference policy States as children (so-called “Dream- applicants. More information can be will increase stability and predictability in ers”). More information can be found in found in President Biden Revokes Ban the immigration decision-making process Biden-Harris Administration Proposes Suspending Entry of Certain Immigrants. and ensure that key talent can expect visa Sweeping Immigration Changes on Day 1. extensions for the same occupation and The administration allowed Presidential In addition, after the US District Court the same employer to be approved. Proclamation 10052 (PP 10052) to expire for the Northern District of Illinois lifted as of March 31, 2021. PP 10052, imple- © 2021 Morgan, Lewis & Bockius LLP its stay and vacated the Trump admin- mented by the previous administration in © 2021 Morgan Lewis Stamford LLC istration’s public charge rule, the US June 2020, had suspended the issuance of Citizenship and Immigration Services © 2021 Morgan, Lewis & Bockius UK LLP certain nonimmigrant or temporary visas (USCIS) announced on March 9 that in several categories. The expiration of PP Morgan, Lewis & Bockius UK LLP is a limited liabil- it would no longer apply the rule. The ity partnership registered in England and Wales under 10052 means that individuals who were public charge rule essentially instituted number OC378797 and is a authorised previously subject to the proclamation will and regulated by the Solicitors Regulation Author- a wealth test for individuals seeking no longer be prohibited from applying for ity. The SRA authorisation number is 615176. This lawful permanent residence, and required material is provided for your convenience and does a visa in certain categories, nor will such highly burdensome documentation of not constitute legal advice or create an attorney-client applicants be required to seek National relationship. Prior results do not guarantee similar financial resources for applicants. The Interest Exceptions (NIEs) to the proc- outcomes. Attorney .

AUTHORS:

Nicholas M. Gess Duke K. Mccall, III Elizabeth S. Goldberg Saghi Fattahian Sarah-Jane Morin Levi Mcallister Principal, Morgan Lewis Partner (Washington, DC) Partner () Of Counsel (Chicago) Partner (San Francisco) Partner (Washington, DC) Consulting | Of Counsel, Morgan, Lewis & Bockius LLP (Washington, DC)

Mark R. Riccardi Susan Harthill Kenneth M. Kulak Kirstin E. Gibbs Stephen E. Ruscus Eleanor Pelta Partner (Washington, DC) Partner (Washington, DC) Partner (Philadelphia) Partner (Washington, DC) Partner (Washington, DC) Partner (Washington, DC)

6 Greater Philadelphia Chapter FOCUS 2Q21 In Case You Missed It

MYC Networking Reception @ Estia May 20, 2021

Our first IN-PERSONMeet Your Counterparts event in almost a YEAR took place on May 20th, and by all accounts it was a smashing success! Almost 50 members gathered on a warm, sunny evening in a beautiful outdoor tent at Estia in Radnor for some much-needed (and missed) networking. The food was plentiful and fabulous (as always), the drinks refreshing and the conversation flowing. We would like to thank our sponsor for the evening, Ogletree Deakins. Look for more in-person MYC events coming in the months ahead!

Visit ACC Greater Philadelphia for the most current 2021 Upcoming ACCGP Events event details or to register for chapter events. JUNE AUGUST

June 11 June 23 August 4 GC/CLO Lunch Club Contracts & Commercial Law Women’s Event with in-person at Liberty Hill CLE Institute with Flaster/ Cozen O’Connor June 15 Greenberg, Obermayer Rebmann, & August 11 Tips From the Top with Cozen BakerHostetler - virtual Ethics & Compliance O’Connor June 29 CLE Institute with with wine & vinegar tasting/ Meet Your Counterparts Hogan Lovells & Ballard networking - virtual Networking Reception with Spahr June 16 Greenberg Traurig August 12 Data Privacy Roundtable with Fisher in-person – The Assembly Rooftop Meet Your Counterparts & Phillips at The Logan Networking Reception with Armstrong Teasdale JULY August 17 Litigation CLE Webinar July 8 July 20 with Stevens & Lee Labor & Employment Webinar with IP CLE Institute with Armstrong Faegre Drinker Teasdale, Stradley Ronon, & Akin August 26 Gump Roundtable with July 13 Schnader Harrison Meet Your Counterparts Networking July 22 (tentative) Reception with Fisher & Phillips Family Night Softball Game in-person at Positano, Center City July 27 July 15 IT/Privacy Webinar w/Hogan Lovells Be on the lookout Real Estate CLE Webinar with July 29 for calendar Morgan Lewis Meet Your Counterparts Networking updates! Reception with Morgan Lewis

7 Key Considerations If the World Trade Organization Decides to Waive IP Rights for COVID-19 Vaccines By Armstrong Teasdale Partners Ted Behm and Dhruv Kaushal, and Associate Kevin Gale

Ambassadors of the World Trade Europe.5 Members are required to protect For example, in India, the world’s largest Organization (WTO) have agreed on such data against unfair commercial use vaccine manufacturer, the Serum Institute the need for wider access to COVID-19 except where deemed necessary to protect of India that manufactures AstraZeneca’s vaccines and treatments, according to the public. COVID-19 vaccine, and Bharat Biotech WTO spokesman Keith Rockwell. One have had difficulty meeting demand The idea of waiving IP rights related to of the strategies being considered is to due to capacity issues and indicated COVID-19 was originally proposed to the issue a temporary waiver of intellectual that because “vaccine manufacturing is WTO in October 2020 by India and South property (IP) protections, which the WTO a specialized process, it is therefore not Africa.The request includes a waiver of panel on intellectual property will discuss possible to ramp up production overnight.” protections provided by patents, copyrights, at a “tentative” meeting in late May and Whereas Merck recently announced industrial designs and undisclosed a formal meeting scheduled for June 8-9. that the Biomedical Advanced Research information, including trade secrets and On Wednesday, May 5, 2021, the United and Development Authority (BARDA) test data, for vaccines, drugs, diagnostics States Trade Representative, Katherine Tai, within the U.S. Department of Health and other technologies. However, the announced that the Biden administration and Human Services (HHS) will provide proposal failed to meet the consensus supports efforts to waive intellectual Merck with nearly $270 million to enhance requirement for approval with opposition property protections for COVID-19 manufacturing of COVID-19 vaccines and coming from the European Union, the vaccines.While it’s unclear whether the medicines, while Merck also reached an and other developed WTO will implement this measure and agreement with Janssen Pharmaceuticals, countries, and until now, the United States. in what form, it’s nearly certain that Inc. to support manufacturing and supply While the United States has indicated waiving IP rights will not result in any of Johnson & Johnson’s COVID-19 support for a waiver, a WTO approval is not significant increase in the near-term vaccine. Similarly, the BioNTech Pfizer certain, since strong opposition remains supply of COVID-19 vaccines. At the partnership has recently announced from other developed countries, including same time, there is serious concern for that in 2021 it plans to nearly double the the European Union. Also, according to future innovation from developers of novel originally announced production of its WTO Director-General Ngozi Okonjo- therapeutics and investment decisions that COVID-19 vaccine. Iweala, a proposed revised agreement has support these efforts. yet to be prepared and negotiated. Multiple COVID-19 vaccines have been The Trade-Related Aspects of Intellectual developed using novel nucleic-acid-based With the main goal of providing Property Rights (TRIPS) Agreement therapeutic platforms. A key question improved access to quality COVID-19 provides certain minimum standards of IP for the developers of these platforms is vaccines and medical care to developing protection on WTO member countries, but how proprietary information they have countries during the pandemic, it’s it also provides the WTO certain safeguard submitted to regulatory agencies will be questionable whether waiving IP rights provisions that allow waiver of certain treated under a TRIPS waiver. Part II, would prove successful. Delays in IP rights designed to enhance access for Section 7 of the TRIPS agreement protects providing a significant increase in global developing countries to public health needs information provided to regulators on the supply of vaccines can be expected from during extreme circumstances including quality and consistency of drug products, negotiations for the WTO to reach the public health crises.3 Included in those including CMC information, from required consensus, from complications safeguards is the right to grant compulsory disclosure and unfair commercial use. for developing manufacturing facilities and licenses for patented inventions without Because CMC information may be critical technology transfer, and gaining approvals the consent of the patent holder, and the to the production of nucleic acids used to market complex viral and RNA-based right of countries to avoid compliance with in COVID-19 vaccines, a future waiver vaccines. Arguably, by the time the effect of the normal import and export limitations would be expected to limit protections any waiver of IP rights would be realized, for patent-protected pharmaceuticals. on disclosure and commercial use. At the supply of vaccines from currently and Section 7 of the agreement demands the same time, this CMC information newly approved manufacturers could well particular attention because it provides may apply to nucleic acid components meet or exceed global demand. Market for a waiver of “undisclosed information” of other medicines built on the same forces already have many companies including proprietary information platforms as the COVID-19 vaccines, and capable of producing COVID-19 vaccines submitted to regulatory agencies in order the waiver of TRIPS protections on unfair at or near capacity, and government action to obtain marketing approval, such as commercial use may allow competitors and market participants are teaming up chemistry, manufacturing and controls to copy or reverse engineer these other to maximize manufacturing efficiency. (CMC) information in the U.S. and medicines even after the pandemic is over.

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8 Greater Philadelphia Chapter FOCUS 2Q21 continued from page 8

It will be interesting to see how the Biden on the value of affected companies, many companies that are in the business of novel administration seeks to balance the desire of which significantly factor into their therapeutic discovery and development for rapid distribution of CMC information national economies or are critical for the will have to weigh that risk into future to facilitate an increase in vaccine development of novel therapeutics. The decisions to combat newly emerging health production against the desire to protect development of novel therapeutics may crises. Investors will also be considering platform technologies that have been also be severely thwarted, especially in a similar risk/benefit analysis when developed through significant investments relation to a newly emerging health crisis. considering their investments, especially in over many years. With the realization of a waiver of IP rights early-stage drug development companies for technologies that are developed to that have been responsible for many novel The effects of losing control of intellectual combat the current COVID-19 pandemic, therapeutics and related products. property rights can also prove devastating

New Board Member Spotlight Tara Gibbons, Senior Legal Counsel, Wawa, Inc.

1. In what year did you start in 9. What do you consider to be the best thing about ACC your current position? membership?

I started as Legal Counsel at Wawa The education opportunities that ACC provides are invaluable. I in 2012, and in my current position, take away great learnings from the educational programs geared Senior Legal Counsel, in 2018. towards in-house counsel. 2. In what year did you first work in-house? 10. How do you achieve work/life balance? I started in-house at Wawa in 2012. I definitely do not have any secrets to success on work/life balance! I am very lucky to work at a company and on a Team that values 3. What law school did you attend? family and the commitments family creates. I think 2020 blurred the lines between work and family for a lot of folks, I certainly I attended Villanova Law School. am no exception. My resolution is to be more present and in the 4. Where did you attend college and graduate school? What moment with both my family and my work. degrees do you hold? 11. If I were not practicing law, I’d... ______I attended Brown University and majored in Political Science and Be exploring a career in interior design. Anthropology. 12. My favorite vacation spot is _____ 5. What do you consider to be your most pivotal career move? Stowe, we love to ski! Coming to Wawa! Because of the change from being a law firm attorney to becoming an in-house attorney and because Wawa is 13. A place I’ve never been but would most like to visit is an amazing place to work. ______6. What’s the best thing about your current job? Thailand (whenever we get to travel again…). I love the broad nature of the work that I do and being engrained 14. My all-time favorite movie is ______in the business, not just the legal terms of a specific deal. The collegial and collaborative environment on the Legal Team at I love holiday movies, and it would be a toss-up between Elf and Wawa keeps me engaged and excited to come to work every day. Home Alone. 7. What’s the worst job you’ve ever had? 15. Even people who know me might be surprised to learn that... ______I honestly can’t think of the ‘worst’ job I have had. Each has taught me either a skill set or life lesson and hopefully made me a Although it isn’t my primary vehicle, I still have and drive my first better employee and person along the way. car which is over 20 years old! 8. What’s the most valuable life lesson you still apply today? 16. If applicable, please tell us about your pet(s): ______Learn. No matter what job you have or experience you go through, We are an animal loving family – we have 2 dogs (Rosie, a even when you think it is not taking you anywhere or advancing Portuguese Water Dog, and May, a Maltese) and a bird (Soleil, a your career, you can learn something. That will make you more 27-year-old Cockatiel!). valuable as an employee and more well-rounded as a lawyer.

9 New and Returning Members

Theresa Allen Alexis Cocco Stephanie Galli Fiserv, Inc. IKEA Services, LLC Hersha Hospitality Trust Shreya Amin Valerie Cruz Martinez Lauren Gitman Rabobank USA Incyte Corporation Reese Arrowsmith Leigh Ann Culpan Thomas Glavin IKEA North America Services, LLC Olympus Corporation of the Americas Babatunde Awodiran Teleicia Dambreville Lindsay Goldstein Holdings Inc. Burlington Coat Factory Warehouse Burlington Coat Factory Warehouse Corporation Corporation Jeff Baker Pentec Health Pedro de la Torre David Gomez The Company Olympus Corporation of the Americas Scott Baker Avantor, Inc. Monica de los Rios Ariel Greenstein Casino Reinvestment Development InterDigital Inc. Ross Barr Authority Burlington Coat Factory Warehouse Rebecca Gustafson Corporation Cheryl DiBona AmeriHealth Caritas PPL Services Corporation Tracey Basler Greg Hanscom Incyte Corporation Michael Donnini Clarivate Plc QVC, Inc. Nola Bencze Katharine Hartman GOG Foundation, Inc. Kenneth Dow Chubb Group Century Therapeutics LLC Magnolia Bernhard Yvonne Heard Essity North America, Inc. Andrew Duong Yoh, a Day & Zimmermann Company IKEA North America Services, LLC Kevin Blough Jayne Hebron CSL Behring LLC Jennifer Eagland Accolade, Inc. Radial, Inc. Thomas Bonner Jamal Hill Parx Casino Dana Eddis Merck & Co., Inc. Corteva AgriScience Mike Bostic Katharine Hitchens IKEA North America Services, LLC Miriam Enriquez Radial, Inc. Corporation Ify Bozimo Matthew Hogan EnerSys Diane Lallier Falcone Corporation Resources for Human Development, Inc. Brennan Bradley Joseph Holovachuk Siemens Medical Solutions USA, Inc. Donna Felker Cognizant Technology Solutions Olympus Corporation of the Americas Rachel Broder Heather Hoyt , Inc. Ellen Fielitz Siemens Medical Solutions USA, Inc. Siemens Medical Solutions USA, Inc. Kristina Burland Kevin Huang Educational Commission for Foreign Nora Fluehr Merck & Co., Inc. Medical Graduates TMNA Services, LLC Ross Hurwitz Patricia Carroll Robert Flynn O’Brien Radial, Inc. NRG Energy, Inc. Ashland Global Holdings Inc. Eduardo Jara Kristine Clark Jennifer Frericks ARAMARK Corporation Merck & Co., Inc. IKEA North America Services, LLC Emily Jones Kristine Clark Cornel B. Fuerer Radial, Inc. Merck & Co., Inc. Corteva AgriScience

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Scott Kahn Carmen Milanes Ethan Simon Comcast Corporation EMR USA Burlington Coat Factory Warehouse Corporation Juliann Kelley Jennifer Morris Goddard Systems, Inc. Burlington Coat Factory Warehouse Daniel Slawe Corporation SAP America, Inc. Peter Kendall Siemens Medical Solutions USA, Inc. Dennis Mulgrew, Jr. Wendy Stark Five Below, Inc. PPL Services Corporation Megan Krebs Independence Blue Cross Ryan Murphy James Sugarman Corteva AgriScience Firmenich, Inc. Linda Lavelle Elsevier Douglas Murray Phillip Sylvester The National Board of Osteopathic Quaker Houghton Connie Lee Medical Examiners Regeneron Pharmaceuticals, Inc. Carol Trevey John Olsen ARAMARK Corporation Brittany Leon Wilmington Savings Fund Society, FSB ARAMARK Corporation Ramon Urteaga Rosaleen Oskanian Essity North America, Inc. Jeff Lipschutz University of The Glenmede Trust Company Susan Van Allen Tracy Parola Charles Comcast Business Daniel Loew ARAMARK Corporation Burlington Coat Factory Warehouse Farzeen Ventresca Corporation Sunita Patel Fresenius Medical Care North America AmerisourceBergen Corporation James Loughin Thomas Warnock Radial, Inc. Joanne Raphael Corteva AgriScience PPL Services Corporation Evan Luce Elaina Cohen Werner American Water Works Company, Inc. Tracy Rolph Incyte Corporation Comcast Corporation Monakee Marseille Amanda Wickstrom Saint-Gobain Corporation Michael Romanczuk IKEA North America Services, LLC Fiserv, Inc. David Martineau Ronald Williams , Inc Shaina Rosenbleet MetLife ARAMARK Corporation Kyle McClain Stephani Williams Corteva AgriScience Adrienne Ruch IKEA North America Services, LLC QVC, Inc. Robert McClintock James Wilson Communications Test Design, Inc. Christopher Schaub AAA Club Aliance Inc. Burlington Coat Factory Warehouse Joseph McClure Peter Withstandley Corporation Siemens Medical Solutions USA, Inc. Siemens Medical Solutions USA, Inc. Stephanie Schwartzberg Mark McCullough Ni “Anne” Yan Penn Community Bank Burlington Coat Factory Warehouse Johnson Matthey Inc. Corporation Zachary Serrano Ku Yoo AmerisourceBergen Corporation Patricia McGee Powers Gymnastics Corteva AgriScience John Sharrar Scott Zinman GoBrands, Inc. Frank McNamara Siemens Medical Solutions USA, Inc. PrimePay LLC Jessie Shields ARAMARK Corporation Padmini Menu Incyte Corporation

11 Positively Legal: The Power of Unfocus By Caterina Cavallaro, Standards Australia, General Counsel

When we think of excellence and achievement, we often think of being focused and staying on task — following our “to do” lists, timetables, and calendar reminders. However, extensive focus uses a lot of energy and can exhaust our brains. Research shows that the brain operates optimally when it toggles between focus and unfocus, needing both to allow the unconscious brain to make connections and solve problems, “develop resilience, enhance creativity, and make better decisions.”

The shortcomings of a focused mind game and most participants, focusing on There are practical ways to engage Richard Davidson, a neuroscientist at counting the passes, did not notice the the DMN and Pillay suggests first the University of Wisconsin, calls focus gorilla. introducing them during periods of the day when the brain would be in a natural an essential ability. During sharp focus, The balance to such sharp focus is he says, key circuitry in the prefrontal slump like right after lunch or in the “defocused attention,” something often middle of the day. cortex gets into a synchronized state identified in highly creative people who with the object of focus, which he calls have a “wider spotlight that gives them “phase-locking.” For example, if “people Positive constructive access to more elements.” These people daydreaming are focused on pressing a button each then have “greater potential to generate time they hear a certain tone, the electric more unusual ideas, as they have a wider Positive constructive daydreaming signals in their prefrontal area fire array of elements than can be combined is a specific type of mind wandering precisely in sync with the target sound. with the focus of their attention”. for a short period of time, usually 15 The better your focus, the stronger the minutes or so, and is characterised by neural lock.” But we don’t need to be a creative genius “playful, wishful imagery, and planful to have a “eureka” moment, generate creative thought” that serves four There are benefits to sharp focus, but this novel ideas, and solve problems. We can adaptive functions: 1. future planning, focus can be limiting, and we can miss all do it by learning to access our default 2. creative incubation and problem- making connections. For example: Sharp mode network (DMN), a collection of solving, 3. attentional cycling (when an focus is like the beam of a flashlight. regions that are active during rest and are individual can flexibly switch between “While a bright and narrow beam of usually deactivated during focused tasks. various informational streams), and light cast straight out in front of you is 4. dishabituation (which improves terrifically helpful if that’s where you The default mode network learning since an individual is taking need to be looking,” Dr. Srini Pillay writes short, recuperative mental breaks from in his book Tinker Dabble Doodle Try: Pillay thinks access to the brain’s DMN, externally demanding tasks). Unlock the Power of the Unfocused known as the “unfocus network,” is Mind, “what about your peripheral vision just as important as the focus network. This type of mind wandering that has and the light you might need to see into The process of “unfocusing” does the been shown to help creativity. “While our the murky middle distance?” following: minds wander,” writes Daniel Goleman in his book Focus: The Hidden Driver of Another example is the well-known • Recharges your brain, reducing amyg- Excellence, “we become better at anything invisible gorilla study. Participants were dala activation and creating calmness; that depends on a flash of insight, from asked to watch a basketball game between • Activates the prefrontal cortex and coming up with imaginative wordplay to a team wearing white and a team wearing enhances innovation; inventions and original thinking.” Positive black. Participants were told to count constructive daydreaming is distinguished how many times the white-shirted team • Improves long term memory; and from other less productive mind- passed the ball to one another. A person • Increases activity in the DMN. wandering like negative rumination. in a gorilla suit walked right through the continued on page 13

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During this time, you should engage A five-to-15-minute nap has been shown crosswords, make time for events to break in a low-key activity such as knitting, to give one to three hours of clarity up the monotony of the week, and ensure gardening, or going for a walk and let and should be done a few times a week. you take regular vacations. your mind wander to something positive Occasionally, if you need it for creativity, Goleman describes a conversation he had like lying on a yacht or a beach or going try napping for 90 minutes. with Salesforce CEO Marc Benioff who for a run through the woods with your Doodling can also increase creativity. It said, “New ideas won’t appear if you don’t dog. This wandering then helps us can be done during a conference call as it have permission within yourself.” When “wander over to a solution.” helps a bored or tired mind to stay awake serving as VP at Oracle, Benioff said In addition, going for a walk on a curved a little longer. A 40 person study in 2009, he took a month off in Hawaii to relax path has been also shown to increase found that those who doodled during a which, “opened up my career to new ideas, creativity. A 2012 study by Angela K. 2.5 minute dull and rambling voice mail perspectives, and directions.” It was during Leung and colleagues tested three groups, message recalled 29 percent more details one such holiday that Benioff decided to one walked in a rectangle, one sat down, from the message when tested. quit Oracle and start Salesforce. and the last walked freely. The group Actively engaging our DMN can help us walking freely outperformed the other Block out time for undemanding to find solutions to unsolved problems, two in the mental test they were given. tasks and holidays become creative, and enjoy ourselves in Block out time for daily breaks you find the process. undemanding like walking or doing ACC News

Th ACC Xchange 2021: June 15-17 The Global Women in Law & Leadership Virtual As an ACC member, you already know that ACC is the place to Conference and Honors Program: June 21-23 go for best practices and skill development in law department The ACC Foundation would like to honor women in the legal management and legal operations. That’s why, if you are looking profession! This event, taking place virtually, includes program- to hone your leadership game, you know you won’t find this tar- ming focusing on soft skills, innovative leadership, and tangible geted, advanced-level training anywhere else, but ACC. Join us takeaways to help advance female lawyers in today’s busy world. to Xperience the Xchange, a one-of-a kind 2-day event designed Reserve your spot today! to give in-house legal executives the keys to drive innovation ® and transform the law department. Register today! ACC Corporate Counsel University : June– August ACC Executive Leadership Institute: 30 August–2 Registration is now open for the 2021 Corporate Counsel Univer- September (Chicago, IL) sity® (CCU). It will be held in Summer 2021, starting the week of There are two weeks left to give your top performers an exclu- June 14. This comprehensive education program is specifically sive professional development opportunity. Help them reach the designed for those new to in-house practice or in-house law- level needed to one day lead your department. Nominate them yers with less than five years of experience, as well as those who to attend the 2021 ACC Executive Leadership Institute. Nomina- simply need to sharpen their basic practice skills. tions end 31 May! 2021 ACC Virtual Annual Meeting: October 19-21 ACC In-house Counsel Certification Program It's here! The 2021 ACC Annual Meeting program is ready and • 7–17 June • 12 July – 5 August it's jam-packed with valuable substantive and career-focused • 12–22 July • 23 August – 2 September content you don't want to miss. Check it out! The In-house Counsel Certification Program covers the core com- 2021 Cybersecurity Summit On Demand petencies identified as critical to an in-house career. This virtual Cybersecurity touches every aspect of consumer and corporate training is a combination of self-paced online modules and live culture, and vulnerabilities present grave financial, legal, and virtual workshops. The workshops will be conducted over a two- reputational risks. Preventing, preparing for, and responding to week period, four days a week for three hours each day. data breaches in real time are chief concerns in today’s work- force. Thison demand conference programming will keep you Mini MBA for In-house Counsel: June Series apprised of the latest threats and innovations. The recordings In today’s evolving climate, it is more important than ever for will complement your broad understanding of cybersecurity in-house lawyers to take on a more strategic role, investing in the strategies and principles, enabling you to become a more well- company’s ability to grow. ACC and the Boston University Ques- rounded, focused, and effective practitioner. trom School of Business are bringing to you virtually their popular Mini MBA program. Master the executive skills needed to ensure that you—and your organization—continue to move forward.

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Sponsors We thank our 2021 Sponsors for their support of our chapter. Without them, for 2021 we could not achieve the levels of success that the chapter consistently reaches. DIAMOND

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14 Greater Philadelphia Chapter FOCUS 2Q21 #bestIHCCever Did Not Disappoint! By Dan Slawe, President-Elect, ACCGP

Expectations and enthusiasm for ACC strategies for making their organizations Day 2 kept the energy high with a Keynote Greater Philadelphia’s 13th Annual more diverse and inclusive, and a Casino Breakfast from Lawyers Concerned for In-house Counsel Conference were lofty – Night (presented by Silver Sponsor Lawyers during which attendees learned with many predicting that it would be the , LLP) which raised about impairment in the legal profession #bestIHCCever. The chapter’s flagship thousands of dollars for the chapter’s – including the mental health impact education and networking event, held Diversity Initiatives. During lunch, of the COVID-19 pandemic. Keynote virtually on April 21st and 22nd, did not attendees were presented with a first-ever Speaker Adam Grant treated attendees to disappoint! The numbers were record- IHCC arts performance: “A Movement a lunchtime exploration of ways we can breaking: Nearly 1000 attendees logged for Five,” a moving and poignant all question our assumptions and make in to 56 sessions to see 143 speakers modern dance number from Philadanco! our professional and personal lives more from 31 sponsors and partners. inspired by the events surrounding open to new ideas. Add to this other great the Central Park 5. This was followed opportunities like Morning Yoga, IHCC Day 1 highlighted the Chapter’s by a robust discussion of the role pro Lounge, Speed Networking, a Virtual Expo commitment to diversity in the legal bono organizations like Philadelphia Hall (with raffle and scavenger hunt prizes), profession and was bookended by a Volunteer Lawyers for the Arts a closing Networking Reception and the Diversity Breakfast (presented by (PVLA) play in keeping the arts alive in ever-popular Swag Box, and the result is a Emerald Sponsor Dechert LLP) during Philadelphia and beyond. blockbuster conference that ACC Greater which local legal leaders discussed their Philadelphia members won’t soon forget!

Chapter Leadership

President and Legal Secretary Laura A. Bautista Jeremy Menkowitz Operations Liaison Sadeq Khan Associate Counsel Deputy General Counsel Michael Eckhardt Chief Compliance Officer & Vanguard Comcast Corporation Vice President, Chief Risk Officer, Deputy General Counsel General Counsel & Secretary Vertical Screen, Inc. Tara Gibbons Csongor Pinter Wawa, Inc. Senior Legal Counsel Corporate Counsel Treasurer Wawa, Inc. The Chemours Company President Elect Frank R. Borchert, III Kevin T. Griffin Christopher E. Pushaw Daniel R. Slawe General Counsel & General Counsel-Environmental Attorney Senior Corporate Corporate Secretary & Health Counsel-Global Field Legal, Marlette Funding, LLC Ramboll Americas Robin Seifert SAP America, Inc. Assistant General Counsel Immediate Past President Kristen D. Han Incorporated First Vice President Jackie Meredith-Batchelor Senior Counsel Lisa Fleischer Sr. Associate General Counsel Five Below Michelle Warner Chief Legal Officer National Railroad Passenger Corp. Counsel and Chief Ethics Officer De Lage Landen Financial Tonya Harris River and Bay Authority Services, Inc. Board of Directors Senior Counsel PPL Services Corporation Chapter Administrator Sri Atluri Second Vice President Chris Stewart Director, Associate General Caroline Henrich ACC Greater Philadelphia Joseph Nullmeyer Counsel, Patents Attorney VP, General Counsel Hewlett Packard Enterprise Chapter Assistant Mitchell Martin Inc. Stephanie Win Hu Counsel Joanne Ray Alejandro Bautista ACC Greater Philadelphia Counsel Comcast Corporation PJM Interconnection LLC

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