Saturday Morning, November 17, 2012
Sponsored by Fulbright & Jaworski LLP
Hardly a week passes without another sensational disclosure of a significant compliance issue at a highly visible company in North America. Allegations around the Foreign Corrupt Practices Act in particular are frequently the subject of these disclosures, media reports, and enforcement actions. In-house counsel have their work cut out for them, in structuring and implementing compliance programs and counseling the C-Suite and Board of Directors when compliance deficiencies arise, whether through whistleblower claims, government investigations, or otherwise. When and how to make the decision to conduct independent investigations, make a voluntary disclosure to law enforcement, and deal with the on-going findings of a slowly spreading investigation are all difficult judgment calls for counsel to make. How in-house counsel, including general counsels, manage these crises are often career-defining moments. A panel of seasoned in-house counsel and expert outside counsel will discuss these issues specifically from the in-house vantage point.
Program Chair and Moderator
Executive Vice President and General Counsel, Sempra Energy
Senior Counsel, Litigation and Legal Policy, General Electric
Executive Vice President, General Counsel and Secretary, AmerisourceBergen
Randall R. Lee
Teresa Wynn Roseborough
General Counsel, Executive Vice President & Corporate Secretary, The Home Depot
Executive Vice President, General Counsel, Churchill Downs
The pinnacle of the litigation profession is trial, but given the realities of litigation today, it is rare for lawyers to reach monumental heights in complex trial experience. This panel features experienced litigators (over 50 federal trials amongst the panelists) who have each been previously recognized by NAPABA as being one of the Best Lawyers Under 40 for their accomplishments in the field and who can provide guidance and advice regarding specific problems posed by complex trials in today’s legal world. The panel will discuss tips for effective trial advocacy, specific evidentiary issues, principles of argument, and the presentation of evidence.
Program Chair and Moderator
Wesley L. Hsu
Assistant U.S. Attorney, Chief, Cyber and Intellectual Property Crimes Section, U.S. Attorney’s Office, Central District of California
Curtis A. Kin
Assistant U.S. Attorney, Chief, Criminal Appeals Section, U.S. Attorney’s Office, Central District of California
Jessie K. Liu
Partner, Jenner & Block LLP
Partner, Ballard Spahr LLP
Michael Li-Ming Wong
Partner, Gibson, Dunn & Crutcher LLP
Sponsored by Ropes & Gray LLP
While the General Counsel’s office generally remains the gateway for retention decisions and overseer of the practitioner/law firm relationship, the reality of modern practice dictates that in certain situations, it is critical to be in a position to capitalize on CEO and board of director contacts and relationships. Practitioners and law firms are increasingly hired based on their relationship with a CEO or company director, particularly in the context of transformative M&A deals, defense assignments, bet-the-company litigation, and regulatory matters. This panel will provide the views of CEOs and directors from multiple geographies and industries on the differentiating characteristics that put law firms “top-of-mind” and the factors that make them most likely to consider a firm for major matters. The presentation uses the annual “Master Class” format, which has been supported by the International Law Committee to institutionalize sustainable and systematic training for NAPABA members to share business development best practices.
Program Co-Chair and Moderator:
Partner, Pamir Law Group
Program Co-Chair and Panelist:
Partner, Skadden, Arps, Slate, Meagher & Flom LLP
Partner, Wilton Partners Limited
Deputy General Counsel & Corporate Secretary, The Ritz-Carlton Hotel Company, L.L.C.
Managing Director, UBS
Executive Director, Alliance for Home Health Quality & Innovation
Now that your company has filed a patent application in the U.S., how does your company reduce the massive costs associated with foreign filing patent applications? Learn from the Director of the PCT Legal Division of WIPO about the PCT patent prosecution highway and the do’s and don’ts and new PCT related initiatives including third party observation system, the ability to indicate that the PCT application is available for license, and the new ePCT system for private file inspection and interaction with PCT applications. In-house counsels from leading companies share strategic planning, and cost effective ways to file in India and China. Find out what your competitors are doing right now regarding filing strategies and beat them to the punch. Gain insights on business considerations before considering foreign filing.
Program Chair and Moderator:
Phong D. Nguyen
Partner, Baker & Hostetler LLP
Matthew R. Bryan
Director, Patent Cooperation Treaty Legal Division, World Intellectual Property Organization
Senior Corporate Counsel, Pfizer Inc.
Senior Patent Counsel, Fujitsu Patent Center, FMSA, Inc.
Senior Director, Applied Materials, Inc.
Lesbian, gay, bisexual, transgender (LGBT) Asian Pacific Americans continue to face unique legal challenges as ethnic, sexual and gender identity minorities. This panel will be a lively discussion involving our country’s foremost experts in specific areas of law that affect LGBT Asian Pacific Americans. These areas of law include: family (same-sex marriage cases and legislation, the California Proposition 8 case, DOMA litigation and repeal, and adoption), immigration, and health care (cultural competency issues in health care). These issues are at the intersections of LGBT and Asian Pacific American civil rights issues and the goal of the panel is to educate a primarily non-LGBT Asian Pacific American audience about significant legal issues that affect LGBT Asian Pacific Americans today and the accomplishments made over the past year.
Program Chair and Moderator
Trung D. Tu
Partner, McEwen Gisvold LLP
Senior Counsel, U.S. Department of Education, Office of Civil Rights
Deputy Legal Director, Southern Poverty Law Center
State Legislative Director, National Center for Lesbian Rights
Project Director, Health Access Project, Asian Pacific American Legal Center
The Asian American population is the fastest growing racial group in the United States, with 46% growth between 2000 and 2010. Our community has tremendous potential to be a political force in the next election, and there is much that we can do to support Asian Americans on the path to citizenship and voting. Approximately 68% of Asian Americans old enough to vote are U.S. citizens but only 55% of Asian Americans eligible to register to vote have registered. What resources exist to help immigrants along the path to becoming U.S. citizens who vote and are engaged in their communities? What more can we be doing to support immigrants’ transitions to becoming “New Americans”? This workshop will include discussion of immigration policy, naturalization, and civic and voter engagement. We will also highlight emergent strategies being employed across the country to support immigrants on the path to becoming New Americans, and discuss opportunities for NAPABA members to get involved in promoting immigrant integration within Asian American communities.
Director of Programs, Asian American Justice Center
Senior Staff Attorney, Immigration and Immigrant Rights, Asian American Justice Center
Executive Director, Asian & Pacific Islander American Vote
Lizette R. Escodbedo
Director of National Programs & Community Relations, National Association of Latino Elected & Appointed Officials Educational Fund
Supervising Attorney, Immigration & Citizenship Project, Asian Pacific American Legal Center
Sponsored by Littler Mendelson, P.C.
Scandal is an American political/legal television drama from the creators of Grey’s Anatomy, that debuted in April 2012 to critical acclaim and stellar ratings. The main character, Olivia Pope, is partially based on former George Bush administration press aide Judy Smith, who serves as a co-executive producer. The show takes place in Washington, D.C., and focuses on Olivia Pope’s crisis management firm, which is routinely embroiled in “straight from the headlines” scandals. By skirting (or snapping) the rules of ethics, Pope & Associates neatly resolve matters for their clients. Unfortunately, real life isn’t quite so convenient. This program will showcase practicing legal experts who have undergone trial by fire (and headlines), and their ideas on how you can best deal with your client’s worst case scenario.
Associate, Ford & HarrisonLLP
Partner, Baker & Hostetler LLP
Management Consultant, FH Solutions Group
Partner, Katten Muchin Rosenman LLP
Sponsored by King & Spalding LLP
The focus on compliance has never been greater, but no single paradigm for managing this function works for every entity. The size, geography. and industry sector of a company or an institution (university or non-governmental organization) will affect the organization and structure of the compliance function. Are there certain essential best practices? Should the General Counsel or other senior lawyer reporting to the General Counsel serve as the Chief Compliance Officer? What are efficient structures that do not duplicate work between and among the ethics, risk management, code of conduct and related policies, compliance, and audit functions? How should the inner workings of compliance, missteps, and corrective measures be disclosed to investors, shareholders, media, and law enforcement? Where do the advisory and attorney-client privileged roles of in-house lawyers end and where does pro-active compliance fit in? This panel will explore the managerial, policy, and governance considerations underlying these questions and suggest certain baseline principles and examples of efficient and effective programs.
Program Chair and Moderator
Senior Vice President, General Counsel and Secretary, Varian Medical Systems, Inc.
Douglas K. Chia
Assistant General Counsel and Corporate Secretary, Johnson & Johnson
Kevin F, Chung
Director, Corporate Compliance and Employment Law, Sony Computer Entertainment America
Regional Counsel, Infrastructure and Environmental Business, URS Corporation
Chief Legal Officer, Prudential International Investments
The program will focus on ethical principles and guidelines used by today’s prosecutors and defense attorneys to achieve ethical prosecutions and to seek justice in a manner that would protect the rights of the interested parties: victims, defendants, and the public. In addition to discussions of unethical conduct and its consequences, rules of fairness and engagement will be explored. Examples of these are the prosecutors’ obligation to disclose exculpatory material under case law (e.g. Brady and Giglio). Other areas of interest will involve discovery obligations, whether statutory or constitutional (e.g. Rosario). In addition, selected portions of different sets of Rules of Professional Conduct or Codes of Professional Responsibility will be looked at and compared. For example, sections on the special responsibilities of prosecutors in the NY Rules of Professional Conduct 3.8 closely mirror the ABA 3.8 rule. Similarly, issues of competence, diligence, confidentiality, and conflicts of interest will be explored from the perspective of the defense. Along theses same lines, the handling of difficult clients or witnesses will be addressed. Finally, non-trial issues such as political activity or the effects of media will be discussed briefly.
Program Chair & Panelist
Kin W. Ng
Chief of Training/Executive Assistant District Attorney, Office of the District Attorney, Kings County
Charles Y. Huang
Deputy District Attorney, Santa Clara District Attorney’s Office
Daniel D. Chu
Chairman, New York City Civilian Complaint Review Board
Assistant State’s Attorney, Cook County State’s Attorney’s Office
The United States imposes extraterritorial international trade and investment restrictions that can prohibit, restrict, or regulate the commerce of Asian companies, sometimes even when they do no business in the United States. This is done to advance U.S. and international security and foreign policy goals, to counter terrorism and WMD proliferation, to fight against narcotics trafficking and money laundering. U.S. regulations, particularly U.S. export controls and economic sanctions, can significantly affect both U.S. and Asian companies doing business internationally. The web of U.S. regulations that have extraterritorial effect is getting broader, tighter and more extensive. These U.S. regulations are administered by different, sometimes overlapping U.S. agencies and the panel will present on export controls and economic sanctions.
Program Chair and Moderator
Grace Parke Fremlin
Partner, Steptoe & Johnson LLP
Senior Counsel, Steptoe & Johnson LLP
Suzanne Y. Kao
Partner, Huffman Riley Kao PLLC
Corporate Counsel, Oracle
Sponsored by Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
The APA community has only recently seen an emergence of attorneys attaining equity status as partners or shareholders at their respective law firms and corporate counsel rising to senior levels in significant numbers. Prior to this occurrence, the APA community reached a significant benchmark by breaking through the glass ceiling of attorneys being elevated to partner or shareholder status at law firms or attorneys going “in-house.” This panel will celebrate the more recent achievement of APA attorneys reaching equity status or senior corporate counsel positions, by looking at the past and sharing personal experiences, challenges, and milestones. As part of the discussion, the panel will also address what they view as the next significant achievement for APA attorneys, as the APA community continues to grow in the coming years.
Program Chair and Co-Moderator
Associate, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Principal, Fish & Richardson P.C.
Partner, Ropes & Gray LLP
Shareholder, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Crowell & Moring
These panelists will engage in a frank discussion about recent race-based incidents involving APAs – such as Washington, D.C.’s own Marion Barry and his remarks about APA business owners, radio hosts’ racist comments about Congressional candidate Nate Shinagawa, the tragic Sikh Temple murders in Oak Creek, the hazing of APA military members, and even slurs directed to NBA player Jeremy Lin – to consider how APA community leaders and the government officials and elected representatives are responding to attacks based on race and ethnicity. This discussion will also include a historical perspective of similar issues 20 years after the L.A. Race Riots and 30 years after the murder of Vincent Chin. This panel is meant to inspire bar leaders to get involved and take a stand in their communities. In this time of social media and instant news, we can discuss how leaders can work together to quickly mobilize and garner community buy-in, using digital media, press releases, and other means to respond strongly, rapidly, and effectively to a hate incident.
Christopher Y. Chan
Associate, Finnegan Henderson
Of Counsel, Bird, Marella, Boxer, Wolpert, Nessim, Drooks & Lincenberg
Amandeep S. Sidhu
Associate, McDermott Will & Emery LLP and Co-Founder, The Sikh Coalition
President, Asian American Journalists Association
Senior Advisor, White House Initiative on Asian Americans & Pacific Islanders
Veterans have done so much for our country. With the ever-increasing number of aging veterans from past wars and current wars, obtaining proper VA benefits can be frustratingly long and complex. This session will provide experts on the VA process to help attorneys representing veterans to obtain benefits. Hear from representatives from the Veterans Affairs Department, a former Majority Staff Director for the House Committee on Veterans’ Affairs Subcommittee on Oversight and Investigations, and a retired military officer for whom it took 25 years to obtain proper VA benefits.
Lt. Col. Kay Wakatake
U.S. Army Judge Advocate General’s Corps
Lt. Janelle Kuroda
Program Manager, U.S. Navy JAG Legal Assistance Policy Division
Principal Deputy Under Secretary for Benefits, Department of Veterans Affairs
Senior Vice President, Healthcare Solutions, EIM Healthcare
Vice President, Japanese American Veterans Association
Using a game show format that rewards audience participation, the panel will provide insights into the advantages, disadvantages, and consequences of putting a financially distressed company or distressed assets into receivership. Among other things, the panelists will discuss what a receiver should and should not do, strategic concerns, practical considerations, and receivership as an alternative to bankruptcy. Come test your knowledge of receiverships and have the opportunity to win some fabulous prizes!
Brian W. Byun
Associate, Cooley LLP
Managing Shareholder, Winthrop Couchot P.C.
Stephen B. Darr
Senior Managing Director, Mesirow Financial Consulting
Jason J. DeJonker
Partner, Seyfarth Shaw LLP
John W. Kim
Partner, Nossaman LLP
Partner, Greenberg Glusker Fields Claman & Machtinger LLP
Diana C. Liu
General Counsel, Artemis Real Estate Partners