ICE MILLER LLP S CLE FORUM December 4, 2014 CLE Seminar Information

Transcription

1 Session 1 1:00 PM 2:00 PM Session 1A The Fair Labor Standards Act: Employment and Class Actions Update James Davidson, Mimi Geswein, Rob Whipple (DSC Americas Legal) Jim, Rob and Mimi will discuss FLSA wage and hour issues, including the topics of misclassification of employees in light of rising litigation and enforcement; review of company exempt positions; considerations relating to reclassification of employees; and timing and communication of reclassification decisions. They will also review concepts relating to fixed salaries for fluctuating hours and the fluctuating work week, including requirements for this system and how it actually works. They will explore the topic of meal and rest break requirements and requirements relating to pre- and post- work activities. They will provide data and analysis of recent employment class actions, wage and hour class action settlements, and Department of Labor wage and hour compliance actions. Session 1B The Anatomy of a Data Breach Nick Merker, Nick Reuhs, Stephen Reynolds Does a data breach impact the bottom line? This session will focus on addressing how recent data breaches have impacted companies financially and how companies can mitigate risk associated with these financial impacts before a breach occurs. Session 1C Challenges of Deregulation Kay Pashos, Eric Weldele, Chris Miller, Public Utilities Commissioner

2 Asim Haque The speakers will present the complex challenges and opportunities of Ohio s deregulated energy market, viewed from the perspective of the regulator. Session 2 2:00 PM 3:00 PM Session 2A Outside the Courtroom: Professionalism in the Transactional Practices Amy Haid (Nationwide Insurance and Financial Services), Matthew Lockard (Worthington Industries, Inc.), Robert Ouellette 60 minutes (1.0 Professional Conduct credit hours) The speakers will discuss professionalism in the context of corporate lawyers working on transactions. The speakers will offer perspectives from inside counsel, outside counsel, and a business person who regularly works with both to get transactions closed. Session 2B Preparing for and Responding to a Governmental Investigation Stephen Ayers (Nationwide Mutual Insurance Company), Matthew Fornshell, Albert Lin This CLE will focus on preparing for and responding to government investigations, from the perspective of outside counsel, as well as in-house counsel. The speakers will cover a number of topics including preparation, identification and review of key documents, witness interviews, the internal investigation report, and interfacing with the government. The panel will focus on practical aspects of government investigations that help control the risks associated with such inquiries.

3 Session 2C Reducing Risk in Your Business: A Discussion on the Effective Use of Indemnification, Insurance, and Early Incident Response Drew Miroff, Judy Okenfuss, Rob Whipple (DSC Americas Legal) The session will discuss ways in which businesses can minimize, eliminate, and transfer risk. Although there are a number of steps which can be taken, the session will focus on contractual indemnification provisions, additional insured protections, and the common mistakes made which limit the protection of these approaches. Finally, the session will discuss incident response techniques and strategies related to crisis management, incident investigation, and early case assessment, which are often overlooked or not thoroughly undertaken but can serve to deter claims and/or greatly reduce litigation exposure. Session 2D Electronic Discovery Update and Practice Pointers Steve Reynolds, Geoff Wilcox (United Lex), Nicole Woods Nicole and Stephen will highlight significant developments in case law and recent trends regarding electronic discovery. Their review will include significant trial level and appellate decisions discussing preservation of data, litigation holds, duties regarding collection and production of electronic discovery, cost-shifting, protective orders, and everything in-between. They will also discuss upcoming changes to the Federal Rules of Civil Procedure relating to discovery and practical tips regarding handling electronic discovery. Session 3 3:15 PM 4:15 PM Session 3A Receivers: Working with them and changes in the works.

4 Tyson Crist, Joanne Goldhand, John Rothschild (Continental Real Estate Companies) 60 minutes (1.0 general hours) This seminar will discuss the limitations and benefits of receiverships, the importance of the order appointing receiver, and the potential pitfalls for leasing and purchasing property in receivership. Also, we will discuss the sweeping changes to Ohio s receivership law being considered in the lame duck General Assembly and what they could mean for receivers and those working with them. Session 3B Health Care 2015 Robert Cochran, Christopher Sears, Taryn Stone This session will focus on the key requirements and deadlines in the Affordable Care Act and key issues relating to compliance and risk management for fraud and abuse in Session 3C Resolution Revolution: The Increased Use of ADR Bridgette Roman, Hansel Rhee This program focuses on the increasing use of alternative dispute resolution methods to minimize and, oftentimes, eliminate litigation. With the increasing costs of litigation associated with electronic discovery and court delays, learn how businesses are using creative contract clauses and utilizing mediation, arbitration and other non-traditional dispute resolution processes to help manage the risk and costs of litigation.

5 Session 3D The CFPB: where has it been and where is it going? Steven Forry, Albert Lin This session will provide background on the CFPB, the CFPB s Civil Investigative Demand process, how the CFPB has exercised its UDAAP and other powers and the extent of those powers, and what the CFPB is signaling for the future. This session will discuss the CFPB s consent orders with lending institutions, concerns about the auto-lending space, and emphases on short-term lending, for-profit colleges, and student loans. Session 4 4:30 PM 5:30 PM Session 4 General Counsel Roundtable: How Lawyers Can Be Valuable Business Partners and Maintain Ethical Duties of Candor and Independent Judgment Earl Barnes (OhioHealth Corporation), Chris Culley (The Ohio State University), John Gilligan, Pat Hatler (Nationwide Mutual Insurance Company), Judy Okenfuss, Mark Smolik (Exel Logistics) 60 minutes (1.0 Professional Conduct hours) More for Less: General Counsel face the need for sophisticated legal counsel while substantially reducing legal spend. In-house counsel often serve dual roles as counsel and business executive. Can outside counsel add value by serving both roles as well? Can outside counsel learn to understand client s business and industry to become partners in achieving business goals? How Client Service Teams work. Resolution: with the ever expanding expense of electronic discovery and courtroom delays, how can outside counsel add value by avoiding disputes or resolving claims promptly and efficiently? Proactive Problem Solvers and Path Finders: Can law firms align their billing and compensation structures to better align with their clients business needs? Are businesses prepared to pay lawyers for value rather than for time expended? Can lawyers become pathfinders and proactive problem solvers to better achieve business goals rather than time-keepers? Rules of Professional Conduct: Do ethical restrictions on lawyers make

6 them less valuable business partners than other professional consultants? Can lawyers learn to be better business partners without losing their judgment or violating their ethical obligations?