Corporate Counsel Institute

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The 16th Annual
Corporate Counsel Institute:
Managing Risk in a Global Environment
March 8-9, 2012
Georgetown University Law Center • Washington, DC
13.25 CLE credit hours (60-minute hour), including 2.0 of legal ethics
16.00 CLE credit hours (50-minute hour), including 2.4 of legal ethics
Agenda
Thursday,
March 8
n 8:15-8:45 am
Registration and
Continental Breakfast
Sponsored by PricewaterhouseCoopers LLP
n 8:45-9:00 am
Welcome and Introduction
William M. Treanor, Dean,
Georgetown University Law Center
Lawrence J. Center, Assistant Dean,
Georgetown University Law Center
Marc Gary and Thomas F. O’Neil III,
Advisory Board Co-Chairs
n 9:00-10:15 am
General Counsel Roundtable:
What’s Top of Mind in Managing
Global Risk?
General Counsel from large companies and
small law departments discuss the issues
that are “top of mind” as they manage their
company’s legal matters in a complex global
environment with sometimes conflicting laws
and regulations.
Moderator:
Speakers: Jay B. Stephens,
Senior Vice President, General Counsel and Secretary,
Raytheon Company
Katherine L. Adams,
Senior Vice President and General Counsel, Honeywell International
Gail A. Lione,
Retired Vice President, General Counsel and Secretary,
Harley-Davidson, Inc.
Teresa Wynn Roseborough, Executive Vice President and General Counsel,The Home Depot
Laura Stein,
Senior Vice President and General
Counsel, The Clorox Company
n 10:15-10:35 am
Networking Break
n 10:35-11:50 am
Enforcers Roundtable
Representatives from the U.S. Securities and
Exchange Commission, the Fraud Section of
the Criminal Division of the U.S. Department
of Justice, and the Serious Fraud Office of the
United Kingdom discuss their law enforcement
initiatives and expanding jurisdictions against
corporate bribery, fraud, and corruption.
Moderator:
Speakers:
Ann M. Kappler,
Vice President and Chief Legal
Officer of Corporate Services,
Prudential Financial
Kara Brockmeyer,
Chief of the Foreign Corrupt
Practices Act Unit, U.S. Securities & Exchange Commission
Charles E. Duross,
Deputy Chief of the Fraud
Section, Criminal Division, U.S. Department of Justice
Satnam Tumani,
Head of the Bribery and Corruption
Business Area, Serious Fraud
Office of the United Kingdom
n 12:00-1:15 pm
Luncheon and Address
Sponsored by Kroll Ontrack
Ben Heineman,
Senior Fellow, Belfer Center for Science &
International Affairs, John F. Kennedy School of
Government, Harvard University, and retired
Senior Vice President, General Counsel, and
Secretary, General Electric Company
n 1:30-2:45 pm
Concurrent Sessions:
International Corporate
Compliance Programs
General Counsel and Chief Compliance
Officers discuss the challenges they confront
and their experiences in adopting a global
corporate compliance and business ethics
program, taking into account the diverse laws,
regulations, and law enforcement postures
of the various countries where they operate.
Hypothetical scenarios will be the basis for
discussion.
Moderator:
Speakers:
Anastasia D. Kelly,
Partner, DLA Piper LLP
Abby C. Fiorella,
Senior Vice President and
Head, Global Compliance and Forensics, MasterCard Worldwide
Andrew Hinton,
Associate General Counsel
and Chief Compliance Officer,
Google Inc.
E. Robert Lupone,
Senior Vice President,
General Counsel and Secretary,
Siemens Corporation
Managing the Global Workforce
Managing a workforce is hard enough in the
domestic context. With their workforce now
global, American companies need to take on
the complex task of managing their employees
in a myriad of cultures, social circumstances,
and legal requirements with which most have
no familiarity. This can be a management
nightmare without the proper background.
Corporate counsel with global experience
will discuss their “lessons learned” and share
invaluable practical tips to assist in addressing
this all-encompassing new management challenge.
Moderator:
Speakers:
Holly A. Silver,
President, Holly A. Silver, P.C.
Joel Katz,
SVP, Chief Ethics &
Compliance Officer,
CA Technologies
Deborah Marlowe,
Partner, Berry Appleman & Leiden LLP
James J. Murphy,
Assistant General Counsel,
General Dynamics Corporation
Mark Nordstrom,
Senior Counsel,
General Electric Company
n 2:45-3:05 pm
Networking Break
n 3:05-4:20 pm
Global Competition Enforcement
With well over 100 competition authorities
globally, many newly organized in the emerging
economies, understanding and complying
with the myriad laws and regulations and
enforcement priorities of these agencies
can be a complicated undertaking for a global
company. In addition, there is an increasing
effort to coordinate law enforcement
investigations, including merger reviews,
amongst affected jurisdictions. Representatives
from the European Commission and other
global authorities will provide their insight on
compliance with their laws and regulations and
what, if anything, can a corporation do when
confronting conflicting laws and regulations.
Moderator:
Speakers:
Deborah Majoras,
Chief Legal Officer and Secretary,
The Procter & Gamble Company
Cecilio Madero Villarejo (Invited),
Deputy Director General
for Antitrust,
European Commission
John Fingleton (Invited),
Chair of the Steering Group,
International Competition
Network, and Chief Executive
of the Office of Fair Trade,
United Kingdom
n 4:20-5:35 pm
Implementing Dodd-Frank
Regulations
Representatives from the U.S. Securities and
Exchange Commission, the U.S. Commodity
Futures Trading Commission, and the newly
created Consumer Financial Protection
Bureau discuss the regulations implementing
Dodd-Frank.
Moderator: Marc Gary,
Executive Vice President and
General Counsel,
Fidelity Investments
Speakers: Gregory Baer,
Deputy General Counsel,
J.P. Morgan Chase & Company
Paula Dubberly,
Division of Corporate Finance,
U.S. Securities and Exchange
Commission
Daniel Berkovitz,
General Counsel, U.S. Commodity
Futures Trading Commission
Richard Cordray (Invited), Director, Division of Enforcement,
Consumer Financial
Protection Bureau
n 5:35-7:00 pm
CCI Cocktail Reception
Sponsored by Capstone Advisory Group
n 7:00-9:00 pm (optional)
How Successful General Counsel
Manage C-Suite and Board
Expectations
Sponsored by Hogan Lovells US LLP
While one of the qualities of all successful
General Counsel is the ability to manage
the expectations of the Board and company
executives, as more women become General
Counsel this is one of the more important
skills required. This panel will discuss how
several successful women General Counsel
have accomplished this goal. If you would like to
attend or have any questions about this panel,
please contact Marcia Wiss at marcia.wiss@
hoganlovells.com
Moderator:
Speakers:
Marcia A. Wiss,
Partner, Hogan Lovells US LLP
Elizabeth Abdoo,
General Counsel and
Executive Vice President,
Host Hotels & Resorts, Inc.
Mary Kennard,
General Counsel,
American University
Rachel Robbins,
Vice President and
General Counsel, International
Finance Corporation
Friday,
March 9
n 8:30-10:30 am
Legal Ethics and Technology
This facilitated discussion with judges addresses
the ethical obligations of in-house counsel
regarding technology, information management,
privacy, security, and eDiscovery (including
social media and issues with operating within
the cloud context). Panelists will analyze Duty
of Competence, Confidentiality of Information,
Candor to the Tribunal, and Fairness to Opposing
Party and Counsel. There will be an update
regarding the work of the ABA Commission
on Ethics 20/20 formed by Carolyn Lamm
in 2009 to address technology and global
practice challenges facing the legal profession.
Specifically, the panel will discuss the
Commission’s proposed amendments to the
Comments to Model Rule 1.1, as well as to the
black letter of Model Rules 1.6 and 4.4. This
session will enable you to learn how to meet
your ethical obligations while also assisting your
clients in meeting their business goals. This will
be an excellent and unique opportunity to
obtain answers and perspectives from judges
presiding in different jurisdictions.
Moderators: Christina Ayiotis,
Adjunct Professor, Department
of Computer Science, The George
Washington University
Courtney Ingraffia Barton,
Assistant General Counsel,
AOL, Inc.
Speakers: Hon. Herbert B. Dixon, Jr.,
Associate Judge, Superior Court
of the District of Columbia
Hon. John M. Facciola,
Magistrate Judge, U.S. District
Court for the District of Columbia
Hon. Andrew J. Peck,
Magistrate Judge, U.S. District
Court for the Southern District
of New York
n 10:30-10:50 am Networking Break
n 10:50 am-12:05 pm
Supreme Court Review
While the Fall term may not include any
blockbuster business cases like Dukes v.
Wal-Mart, it does include a number of
cases that may yield noteworthy holdings,
according to “Inside Counsel” magazine. The magazine predicts many of these cases,
while very narrow in scope, may hold the
potential for broader impact across the
business world. During this annual session
(always a highlight of the Institute) the
Co-Director of Georgetown University
Law Center’s Supreme Court Institute
will engage in a dialogue with the Solicitor
General of the United States and a former
Solicitor General about the most important
Supreme Court cases affecting businesses
and their implications for the future.
Moderator:
Speakers:
Prof. Steven H. Goldblatt,
Director, Supreme Court Institute,
Georgetown University Law Center
Paul D. Clement,
Partner, Bancroft PLLC
Hon. Donald B.Verrilli, Jr.,
Solicitor General of the
United States
n 12:05-12:25 pm
Lunch Distribution
Can’t attend live? Take this or other Georgetown Law CLE
courses online through West LegalEdcenter. For more information,
visit our website at www.law.georgetown.edu/cle.
n 12:25-1:40 pm
Concurrent Sessions:
Operating Globally
n 2:00-3:15 pm
Concurrent Sessions:
Managing Data Risks Globally
Going Global: International
Due Diligence and Other Matters
So your company has finally decided to go
global. What are your options? Experienced
practitioners discuss the key legal issues
when companies expand globally: doing a joint
venture with a local partner, acquiring control
of a local company, establishing a distribution
relationship with a local player, or starting
a greenfield operation. Subjects reviewed will
include conducting due diligence, confidentiality,
negotiating the terms of entry (including
allocating responsibility for contingent
liabilities), facing the challenges of implementing
anti-corruption programs, dealing with local
regulators, protecting your own directors,
and what happens when you want out.
Data Security Across Borders
Protecting company information databases,
especially when they contain personally
identifiable information, can be a challenge
in any environment. But they take on
an additional level of complexity in the
international arena, especially with the
aggressive enforcement position taken by the
European Union and the U.S. data breach
notice requirements. Panelists discuss these
challenges and how companies can comply
in this critical area.
Moderator:
Speakers:
John M.Vasily,
Partner, Debevoise &
Plimpton LLP
Jim Bramson,
General Counsel, LivingSocial
Sharie A. Brown,
Partner, DLA Piper LLP
Jeffrey W. Ferguson,
Managing Director,
The Carlyle Group
Robert Lantz,
Associate General Counsel,
Serco Inc.
Lessons From Social Media
(For the Business and its
Employees)
As more and more companies use social media to market their products, their employees
are also using social media for purposes that
may, or may not, interfere with their duties,
increase litigation risk to the business, and
raise ethical concerns for its lawyers. What
are the risks involved and how do you protect
your company? These and other issues will be
explored by this panel of experts.
Moderator: Speakers: Michael E. Lackey, Jr.,
Partner, Mayer Brown
Jack Halprin,
Head of eDiscovery, Google Inc.
Ted Ullyot,
Vice President and General Counsel, Facebook
n 1:40-2:00 pm
Networking Break
Moderator:
Speakers:
Stewart A. Baker,
Partner, Steptoe & Johnson LLP
Sharon Anolik,
Global Privacy Risk and
Strategy Leader,
McKesson Corporation
Andrea L. Charters,
Vice President & Associate
General Counsel, Rosetta
Stone Ltd.
Gretchen Herault,
Vice President, Compliance and
Fraud Prevention and Deputy
Chief Privacy Officer, Monster
Worldwide Inc.
Mark D. Schultz,
Senior Vice President,
General Counsel and
Secretary, SRA International, Inc.
eDiscovery Across Many
Jurisdictions
Cross-border discovery and disclosure of
electronic information in the context of
litigation and regulatory compliance is an
increasing challenge for companies. These
challenges are only intensifying as cloud
computing, social networking and other
emerging technologies blur traditional concepts
of “possession, custody, and control” of ESI. This panel will use representative case studies
from various industries to illustrate practical
strategies for managing legal risk and the cost
of navigating the hazardous currents of
cross-border discovery. Panelists will draw upon
their own experience as well as resources such
as The Sedona Conference® Framework for
Analysis of Cross-Border Discovery Conflicts:
A Practical Guide to Navigating the Competing
Currents of International Data Privacy &
eDiscovery (2008), and the upcoming The
Sedona Conference® International Principles
on Data Protection Laws in U.S. Litigation. Moderator:
Speakers: M. James Daley,
Partner, Daley & Fey LLP
Anthony Deglomine III,
Vice President, Litigation,
Harris Corporation
Kevin M. Gunya,
Compliance Counsel,
Lockton Companies, LLC
Susan Haller,
Vice President, Litigation, Sprint Nextel Corporation
Rayne Towns,
Assistant General Counsel,
Exide Technologies
n 3:20-4:35 pm
Forecasting the Future: What Will
the Chief Legal Officer’s Job Look
Like in Five to Ten Years?
So, you think that being a Chief Legal Officer is
tough today? What will the future hold? What
tools will General Counsels of the future need
to do their jobs? A panel of experts who
have spent their professional careers in the
corporate counsel arena examine their
crystal balls and share their predictions.
Moderator:
Speakers:
Prof. Milton C. Regan,
Co-Director, Center for the
Study of the Legal Profession,
Georgetown University
Law Center
Mark Chandler,
Senior Vice President, General
Counsel, and Secretary,
Cisco Systems, Inc.
Susan Hackett,
Chief Executive and Chief
Legal Officer, Legal Executive
Leadership, LLC, former Senior
Vice President and General
Counsel, Association of
Corporate Counsel
Amy Schulman,
Senior Vice President,
Pfizer Inc.
About Georgetown
Law CLE
Georgetown Law CLE has an
established tradition with over 30 years
of experience of providing
the legal community with high quaity
programs. Our programs are
developed with the profession’s
ever-changing needs in mind, while
at the same time meeting the
mandatory CLE requirements of
various state bars. Located in the heart
of the nation’s capital, we
feature the country’s leading
officials, judges, and practitioners.
Speakers &
Advisory Board Members
Program Chairs
Judges
Marc Gary
Fidelity Investments
Boston, MA
Hon. Herbert B.
Dixon, Jr.
Superior Court of the District
of Columbia
Washington, DC
Thomas F. O’Neil III
The Saranac Group LLC
Baltimore, MD
Executive
Committee
Thomas P. Kurz
Sysco Corporation
Houston, TX
Ronald W. Peppe, II
Canam Steel Corporation
Point of Rocks, MD
Judson W. Starr
Venable LLP
Washington, DC
Jaime (“Jim”)
Taronji, Jr.
U.S. Federal Trade Commission
Washington, DC
Oliver M. Johnson, II
MedStar Health
Columbia, MD
Deborah P. Majoras
The Procter & Gamble
Company
Cincinnati, OH
Luncheon Speaker
Ben Heineman
Senior Fellow, Belfer Center for
Science & International Affairs
John F. Kennedy School of
Government
Harvard University
Cambridge, MA
Thomas M. Buchanan
Winston & Strawn LLP
Washington, DC
Thomas J. Egan, Jr.
Baker & McKenzie
Washington, DC
William M. Bumpers
Baker Botts LLP
Washington, DC
Linn Evans
Food Lion, LLC
Salisbury, NC
Hon. John M. Facciola
U.S. District Court for the
District of Columbia
Washington, DC
G. Brian Busey
Morrison & Foerster LLP
Washington, DC
Stephanie Evans
Wilmer Cutler Pickering Hale
and Dorr LLP
Washington, DC
Hon. Andrew J. Peck
U.S. District Court, Southern
District of New York
New York, NY
James M. Cain
Sutherland Asbill &
Brennan LLP
Washington, DC
Advisory Board
John N. Camperlengo
Gentiva Health Services, Inc.
Atlanta, GA
Cathy C. Anderson
True Value Company
Chicago, IL
Joseph M. Aronds
Hartz Mountain Industries, Inc.
Secaucus, NJ
Daniel F. Attridge
Kirkland & Ellis LLP
Washington, DC
Kathleen T. Barlow
Marsh & McLennan Companies
Washington, DC
Raymond E. Bayley
Novus Law LLC
Chicago, IL
Julienne W. Bramesco
Clearspire Law Co. LLC
Washington, DC
Louis J. Briskman
CBS Corporation
New York, NY
Sharie A. Brown
DLA Piper LLP (US)
Washington, DC
Jeffrey W. Carr
FMC Technologies, Inc.
Houston, TX
Daniel E. Chudd
Jenner & Block, LLC
Washington, DC
Bruce D. Collins
C-SPAN
Washington, DC
Steven D. Feldman
Herrick, Feinstein LLP
New York, NY
Allen J. Gross
Los Angeles, CA
John F. Hartigan
Morgan, Lewis & Bockius LLP
Los Angeles, CA
Jacquenette M. Helmes
CGI Group Inc.
Fairfax, VA
Gregory E. Heltzer
McDermott Will & Emery LLP
Washington, DC
Beth Byster Corvino
Burr Ridge, IL
Andrew D. Hendry
Colgate-Palmolive Company
New York, NY
Mark C. Darrell
Laclede Gas Company
St Louis, MO
Adonis E. Hoffman
Leadership Counsel LLC
Washington, DC
Prof. Viet D. Dinh
Georgetown Law
Washington, DC
Tyree P. Jones
Reed Smith
Washington, DC
Ona Alston Dosunmu
The Brookings Institution
Washington, DC
Peter J. Kadzik
Dickstein Shapiro LLP
Washington, DC
Lynne M. Durbin
Adhesives Research, Inc.
Glenn Rock, PA
Ann M. Kappler
Prudential Financial, Inc.
Newark, NJ
Ann Marie Plubell
The Plubell Firm
Washington, DC
Michael G. Scheininger
McKenna Long & Aldridge LLP
Washington, DC
Kay Tatum
Wiley Rein LLP
Washington, DC
Anastasia D. Kelly
DLA Piper LLP (US)
Washington, DC
Christopher Ranck
Siemens Westinghouse Power
Corporation
Orlando, FL
Raymond S. Sczudlo
Children’s National
Medical Center
Washington, DC
Albert F. Tellechea
Holland & Knight LLP
Washington, DC
Prof. Milton C. Regan
Georgetown Law
Washington, DC
Catherine Shiang
Asia Capital Advisor, Ltd.
Hong Kong, China
Eric D. Reicin
Sallie Mae
Reston, VA
Eric J. Sobczak
CBS Corporation
New York, NY
Thomas A. Roberts
Weil, Gotshal & Manges LLP
New York, NY
Jay B. Stephens
Raytheon Company
Waltham, MA
Paul V. Rogers
Covington & Burling LLP
Washington, DC
Derek M. Stoldt
Kaye Scholer LLP
New York, NY
Leigh P. Ryan
Paul, Hastings, Janofsky &
Walker LLP
San Diego, CA
Michael T. Sweeney
Westinghouse Electric Company
Pittsburgh, PA
J. Crilley Kelly
Attorney At Law
Pittsburgh, PA
Thomas Kennedy
Skadden Arps
New York, NY
Gilbert S. Keteltas
Baker & Hostetler LLP
Washington, DC
Scott Killingsworth
Bryan Cave LLP
Atlanta, GA
Joseph A. Lenczycki, Jr.
Bell & Clements Inc.
Reston, VA
E. Robert Lupone
Siemens Corporation
New York, NY
Michael C. Malarkey
Capstone Advisory Group, LLC
Washington, DC
Get a Head
Start!
Robin McCune
Strayer University
Herndon, VA
To better serve you, all course materials will
be provided to you via email prior to the
program. Benefits of downloadable course
materials include:
Kevin J. McIntyre
Jones Day
Washington, DC
Peter F. McLaughlin
Foley & Lardner LLP
Boston, MA
Stephen M. McNabb
Fulbright & Jaworski LLP
Washington, DC
Lee I. Miller
DLA Piper LLP (US)
Washington, DC
Lester A. Myers
Caux Round Table
Alexandria, VA
Stephen B. Paige
Chicago, IL
J. Steven Patterson
Hunton & Williams LLP
Washington, DC
1.Effortless search features. Save time
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John M. Vasily
Debevoise & Plimpton LLP
New York, NY
John K. Villa
Williams & Connolly LLP
Washington, DC
Marcia A. Wiss
Hogan Lovells
Washington, DC
Sheryl Wood
The Wood Law Firm PLLC
Washington, DC
Lawrence E. Wzorek
Union Pacific Railroad Company
Omaha, NE
2012 Patrons
Andrews Kurth LLP
Arnall, Golden &
Gregory LLP
Baker & Hostetler LLP
Baker Botts LLP
Bancroft PLLC
Canam Steel Corporation
Capstone Advisory
Group, LLC
CBS Corporation
CGI Group Inc.
Children’s National
Medical Center
Covington & Burling LLP
Debevoise & Plimpton LLP
Delhaize Group
Dickie, McCamey &
Chilcote, P.C.
Dickstein Shapiro LLP
DLA Piper LLP (US)
Fidelity Investments
Foley & Lardner, LLP
Fulbright & Jaworski L.L.P
Gentiva Health Services, Inc.
Hogan Lovells
Holland & Knight LLP
Hunton & Williams LLP
Jenner & Block, LLP
Kaye Scholer LLP
Kirkland & Ellis LLP
Kroll Ontrack
Laclede Gas Company
McDermott Will & Emery LLP
McKenna Long & Aldridge LLP
MedStar Health
Miles & Stockbridge P.C.
Mintz, Levin, Cohn, Ferris,
Glovsky and Popeo, P.C.
Morgan, Lewis & Bockius LLP
Morrison & Foerster LLP
Novus Law, LLC
Paul, Hastings, Janofsky &
Walker LLP
Raytheon Company
Reed Smith
Siemens Corporation
Skadden Arps
Sutherland Asbill & Brennan LLP
Sysco Corporation
The Procter & Gamble
Company
The Prudential Insurance
Company of America
The Saranac Group LLC
True Value Company
Union Pacific Railroad Company
Venable LLP
Viacom Inc.
Weil, Gotshal & Manges LLP
Westinghouse Electric
Company LLC
Wiley Rein LLP
Williams & Connolly LLP
Wilmer Cutler Pickering
Hale and Dorr LLP
Winston & Strawn LLP
Program Details
Hotel Reservations
A block of rooms has been held at the following hotel. These rooms will be
held as a block, unless exhausted, until Monday, February 6, 2012 at which
time they will be released to the general public. Please be sure to mention
the following hotel code to receive the room rate below: 11340101843.
The Hotel George
15 E Street, NW / Washington, DC 20001
(202) 347-4200 / (800) 576-8331
http://www.hotelgeorge.com
Room Rate: $275
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Corporate Counsel Institute
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Save the Date!
Georgetown Law CLE will be
holding our third annual
Corporate Counsel InstituteEurope on May 24 - 26, 2012
in Madrid, Spain.
For more information, please contact
Sarah Jean Kelly at sjk72@law.georgetown.edu.
The 16th Annual
Corporate Counsel Institute:
Managing Risk in a Global
Environment
March 8-9, 2012
Georgetown University Law Center • Washington, DC
Non-Profit
U.S. Postage
PAID
Wash., D.C.
No. 3493
Georgetown University Law Center
Continuing Legal Education
600 New Jersey Avenue, NW
Washington, DC 20001-2075
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At the 16th Annual Corporate Counsel Institute, you will:
n Receive updates on enforcement efforts to combat
n Assess the biggest ethical challenges facing in-house
corporate fraud, bribery, and corruption from officials from
counsel as they grapple with new technology issues.
the DOJ, SEC, and their United Kingdom counterparts.
n Learn the important tips for performing
n Explore the challenges and solutions in creating and
international due diligence when going global.
succeeding with a global corporate compliance program.
n Examine the common social media pitfalls
n Obtain tips on implementing new key Dodd-Frank
experienced by corporate law departments – and what
regulations from government representatives and
you can do to prevent them.
in-house counsel.
n Learn how to protect company information across
n Gain a broad understanding of the role of in-house
databases – and across borders.
counsel today from one of the gurus of the corporate
n Analyze how you can manage legal risk and the
counsel world – Ben Heineman.
cost of navigating the hazards of cross-border discovery.
n Review the critical business cases facing the Supreme
n Explore the future role of the general counsel with
Court with the current and the past Solicitor General
an all-star closing panel.
of the United States.
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