2015 HNBA Corporate Counsel Conference & Moot Court Competition Agenda 2015 Honorary Conference Chair Bobby Perez, Senior VP and General Counsel Spurs Sports & Entertainment 2015 Honorary Conference Co-Chairs Cynthia D. Mares HNBA National President 2015 Conference Ex Officios Jaime Vasquez MAHA San Antonio Immediate Past-President Robert Maldonado HNBA National President-Elect Meshach Rhoades HNBA National Finance Director 2015 HNBA CCC National Leadership Team Catherine Torres Stahl General Counsel Bexar Co. CSCD San Antonio, TX Juan M. Sempertegui Director of Licensing Maryland Office of Financial Regulation Silver Spring, MD Christine Poleski Gaona Managing Partner Oakstone Human Capital LLC Houston, TX Elia Diaz-Yaeger Shareholder Lugenbuhl New Orleans, LA Sean Andrade Partner Andrade Knott & Gonzalez LLP Los Angeles, CA HNBA National Office Alba Cruz-Hacker COO & Executive Director Erika Lopez-Tello Director of Operations Siobhan DeLoatch Program Coordinator Rachel Shepherd Administrative Assistant 1 Wednesday, March 18, 2015 9:00 am – 10:30 am Moot Court Competition Orientation Salon J 12:00 pm – 5:45 pm HNBA Moot Court Competition (see pg. 58) 12:00 pm – 5:00 pm HNBA Registration Salon I Pre-function 8:00 am – 5:00 pm HNBA/NACD Director Professionalism Training (Corporate Board Training) *Pre-registration is required Sponsored by Gavin Solmonese and Jones Day Conference Room 12 In partnership with the National Association of Corporate Directors (NACD), the HNBA is launching a corporate board development program during the 2015 HNBA Corporate Counsel Conference in San Antonio, TX. This one day, high-level training will focus on the complex oversight challenges that boards face, including corporate governance, regulatory compliance, financial competency, executive compensation, communication strategies and the demand for greater transparency. 8:00 am – 8:30 am Current and Regulatory Environment for Directors Conference Room 12 A review of internal and external factors impacting directors in the boardroom today, exploration of the essential roles of the board, the relationship of board to management, the responsibilities of individual directors, the board’s oversight responsibilities, and how the current environment impacts directors and their management responsibilities. Speakers: Steven R. Walker General Counsel and Director of Board Advisory Services National Association of Corporate Directors Washington, DC Paula H. J. Cholmondeley, Director Terex Corporation Westport, CT The Honorable Cari M. Dominguez, Director ManpowerGroup and Triple -S Management Corp. Milwaukee, WI 2 Israel Martinez, Board Member The U.S. National Healthcare Washington, DC 8:30 am – 9:30 am Optimize Your Interface with the Board Conference Room 12 Examination of effective communications between the board and management. A look at “the art of presenting” as well as management dashboards as communication tools, as well as an examination of the relationship between the board and the management team. How can you make the board’s job easier and what can they do to help you? What are the strategies for mutual success? Speakers: Steven R. Walker General Counsel and Director of Board Advisory Services National Association of Corporate Directors Washington, DC Paula H. J. Cholmondeley, Director Terex Corporation Westport, CT The Honorable Cari M. Dominguez, Director ManpowerGroup and Triple -S Management Corp. Milwaukee, WI Israel Martinez, Board Member The U.S. National Healthcare Washington, DC 9:30 am – 10:30 am Board Evaluation, Composition, and Succession Planning Conference Room 12 Board composition significantly impacts a board and its ability to effectively discharge its duties and serve as a strategic asset to the management team. Maximizing the strength of a board requires individuals who are not only technically qualified, but are the right cultural fit. We will discuss best practices of and methods for board refreshment and selection. 3 Speakers: Steven R. Walker General Counsel and Director of Board Advisory Services National Association of Corporate Directors Washington, DC Paula H. J. Cholmondeley, Director Terex Corporation Westport, CT The Honorable Cari M. Dominguez, Director ManpowerGroup and Triple -S Management Corp. Milwaukee, WI Israel Martinez, Board Member The U.S. National Healthcare Washington, DC 10:30 am – 11:30 am Creating & Sustaining Board Value: Corporate Strategy, Risk Oversight, Asymmetric Information Risk Conference Room 12 What must directors understand above and beyond legal and compliance obligations in order to engage in strategic issues, provide risk oversight, and enhance decision-making? This session will examine the board’s role in corporate strategy: how and when to engage, the planning process, and monitoring the strategy. It will also address the board’s responsibilities for risk oversight, both as an element of corporate strategy and for crisis planning. Finally, the board’s role in a live crisis situation is defined: how the board’s role changes, decisions to be made, and actions to manage the impact. Speakers: Steven R. Walker General Counsel and Director of Board Advisory Services National Association of Corporate Directors Washington, DC Paula H. J. Cholmondeley, Director Terex Corporation Westport, CT 4 The Honorable Cari M. Dominguez, Director ManpowerGroup and Triple -S Management Corp. Milwaukee, WI Israel Martinez, Board Member The U.S. National Healthcare Washington, DC 11:30 am – 12:00 pm Lunch 12:00 pm – 1:00 pm The Changing Face of America – Board Diversity Imperative Conference Room 8 This session will explore the imperative of corporate board diversity. Some of the topics of discussions include: the demographic transformation of America; the multicultural economy; the board composition of Fortune 1000 companies; current status of Fortune 1000 boards; the NACD Public Company Governance Survey; current issues in corporate governance; drivers of board diversity; and alignment between the business environment, corporate strategy, and board composition. Speaker: Pablo Schneider, CEO The Wider Net Dallas, Texas 1:00 pm – 2:00 pm Case Study: Looking for Blind Spots Conference Room 12 Michelin Run-Flat Tires – The PAX System: We will examine Michelin’s Run-Flat Tires strategic development, implementation, and eventual failure. Why wasn’t the strategy successful? What could the board of directors and senior management have done to anticipate and mitigate the potential risks? Speakers: Steven R. Walker General Counsel and Director of Board Advisory Services National Association of Corporate Directors Washington, DC Paula H. J. Cholmondeley, Director Terex Corporation Westport, CT The Honorable Cari M. Dominguez, Director ManpowerGroup and Triple -S Management Corp. Milwaukee, WI Israel Martinez, Board Member The U.S. National Healthcare 5 Washington, DC 2:00 pm – 3:00 pm The Board’s Role in Innovation Conference Room 12 Innovation is a competitive necessity for companies, offering risks and opportunities for corporations. While innovation is often one of the key drivers of organizational growth, such growth requires companies to adapt their business models and strategies to align with advancements. At the board level, what activities should corporate directors engage in to ensure that the company’s approach to innovation is sound and that the strategy aligns with long-term business goals? What type of boardroom culture needs to be established to encourage a company to be its own disruptor? Speakers: Steven R. Walker General Counsel and Director of Board Advisory Services National Association of Corporate Directors Washington, DC Paula H. J. Cholmondeley, Director Terex Corporation Westport, CT The Honorable Cari M. Dominguez, Director ManpowerGroup and Triple -S Management Corp. Milwaukee, WI Israel Martinez, Board Member The U.S. National Healthcare Washington, DC 3:00 pm – 4:00 pm Cyber-Risk Oversight Conference Room 12 The IT world is constantly evolving – is your board keeping pace? Are you properly mitigating reputational and intellectual property risks? As a director, you don’t need to be a cybersecurity expert to fulfill your fiduciary duties; you just need to know the right questions to ask. We’ll discuss the key principles of cyber-risk oversight to illustrate the appropriate level of board involvement and ownership. Speakers: Steven R. Walker General Counsel and Director of Board Advisory Services National Association of Corporate Directors Washington, DC Paula H. J. Cholmondeley, Director 6 Terex Corporation Westport, CT The Honorable Cari M. Dominguez, Director ManpowerGroup and Triple -S Management Corp. Milwaukee, WI Israel Martinez, Board Member The U.S. National Healthcare Washington, DC 4:00 pm – 4:30 pm The Key Committees Current Issues Conference Room 12 Through the proper exercise of its responsibilities, the corporate governance committee can promote and sustain accountable and responsive leadership at the highest levels. The audit committee discussion will focus on the role of the audit committee, the prescribed responsibilities set forth by various regulatory bodies, and the expectations of the various constituencies – regulators, management, and auditors – as to what constitutes an “effective” audit committee. We will then explore the current challenges, trends, and the specific roles and responsibilities of the compensation committee. Speakers: Steven R. Walker General Counsel and Director of Board Advisory Services National Association of Corporate Directors Washington, DC Paula H. J. Cholmondeley, Director Terex Corporation Westport, CT The Honorable Cari M. Dominguez, Director ManpowerGroup and Triple -S Management Corp. Milwaukee, WI Israel Martinez, Board Member The U.S. National Healthcare Washington, DC 4:30 pm – 5:00 pm HNBA/NACD Director Professionalism Training Open Discussion Conference Room 12 5:00 pm – 6:00 pm HNBA/NACD Director Professionalism Training Reception *For faculty and program participants ONLY TBD 7 5:00 pm – 6:00 pm HNBA Corporate Counsel Section Meeting 6:00 pm – 8:30 pm 2015 HNBA Corporate Counsel Conference Welcome Reception Conference Room 8 Marriott Plaza, 555 South Alamo St. Thursday, March 19, 2015 7:30 am – 5:00 pm HNBA Registration Salon I Pre-Function 7:30 am – 8:30 am Friends of Bill meeting Conference Room 11 8:00 am – 8:30 am Networking Breakfast Salon I 8:30 am – 10:00 am Opening Plenary Session: Engaged Directors, Effective Boards (part of the HNBA Business Development Institute) Salon I With over 53 million Latino consumers with $1.3 trillion in buying power nationwide, Latinos remain starkly underrepresented in in the boardrooms of Corporate America. The inaugural HNBA/National Association of Corporate Directors Professionalism partnership is aimed at increasing Latino representation in the boardroom. In addition to the course training, this plenary session will discuss how to increase the Latino presence on corporate boards with a focus on recruitment and retention. Other issues to be covered include increasingly complex oversight challenges ranging from corporate governance, regulatory compliance, executive compensation, financial competency, and general board communications. Moderator: Steven R. Walker General Counsel and Director of Board Advisory Services National Association of Corporate Directors Washington, DC Panelists: Paula H. J. Cholmondeley, Director Terex Corporation Westport, CT The Honorable Cari M. Dominguez, Director ManpowerGroup and Triple -S Management Corp. Milwaukee, WI Israel Martinez, Board Member The U.S. National Healthcare Washington, DC 8 10:00 am – 3:15 pm Moot Court Competition (schedule on pg. 58) 10:00 am – 4:00 pm HNBA Exhibitor Showcase Salon I Pre-Function 10: 15 am – 11:30 am The Pros and Cons of Executive Action in Immigration Law Conference Room 12 A very timely panel discussion on Executive Action in Immigration Law with some of the nation’s foremost experts. Topics to be discussed include: DACA and DAPA, Enforcement Issues, Litigation Updates, Implications, Congressional Action, and what to advise clients who fall under the Executive Action. Moderator: Benny Agosto, Jr., Partner Abraham, Watkins, Nichols, Sorrels, Agosto & Friend Chair, HNBA Unaccompanied Minors Taskforce Houston, TX Panelists: Angelica M. Hernandez, Partner Linebarger Goggan Blair & Sampson, LLP Houston, TX Betty Balli-Torres, Executive Director Texas Equal Access to Justice Foundation Austin, TX 10:15 am – 11:30 am CLE Sessions In-House Counsel & Corporate Track Panel #1 Litigation & Business Law Track Public Interest & Government Track Panel #1 Salon L Panel #1 Salon K Top 10 Things Every Transactional Lawyer Love & Marriage… Getting Insurance Ethical Issues in Employment Coverage for Complex Claims Without Investigations and Litigation Should Know About Representations and Causing the Insured and the Insurance Warranties Company to Get a Divorce Internal investigations can be advisable or required when Representations and warranties frequently cover evaluating an employee complaint Corporate policyholders and their critical parts of a business deal – whether Real insurance companies often resemble or defending the company against Estate, old married couples because they a formal employment claim. But M&A, or other commercial Salon J Business Dev. Institute Track Panel #1 Salon M In-House Counsel Business Development Roundtable: Effective Strategies for Networking to Create a Business Pipeline Gain key insights from in-house counsel, who do the hiring, on what they look for when outsourcing 10 transaction. This panel will involve both presentation and role playing exercises on various sides of transactions representing the challenges, opportunities, and potential pitfalls that commonly arise in many deals. argue periodically and occasionally exchange unkind words, but at the end of the day, neither is willing to leave the table for good. This characterization of the insurer–insured relationship will resonate with corporate counsel assigned the task of recovering an Moderator: unpaid insurance claim without ending a Kristy M. Docabo, Associate (Real Estate), Seyfarth relationship in which both parties have Shaw LLP invested much. Using a case study, New York, NY attendees will learn how to manage and prevail in a coverage dispute with your Panelists: insurance company without ending the Joseph Nuñez, Senior Group Counsel Target relationship permanently. Corporation Minneapolis, MN Michael A. Ramos, Principal The Ramos Group Bethesda, MD Jorge A. León-Orantes B., Partner Santamarina y Steta Mexico City, Mexico Sandra Herrera, Associate Polsinelli Los Angeles, CA Moderator: Kelly Lippincott, Member Carr Maloney P.C. Washington, D.C. Panelists: Richard Rew , Former General Counsel ArthroCare Austin, TX Mariana Bravo, Member Carr Maloney P.C. Washington, D.C. Erica Dominitz, Partner Kilpatrick Townsend & Stockton LLP Washington, DC Kelly Lippincott, Member Carr Maloney P.C. Washington, D.C. there are many questions. Should you speak directly to the litigating former employee? What if the litigant is a current employee? Can you ask human resources to communicate with the litigant directly on your behalf? Can you speak to co-workers? Can you require co-workers to speak to you? Can you check the litigant's social media posts? Can you read their Internet email if accessed from your employer's network? Can you, and should you, protect the attorney–client and work product evidentiary privileges? And what if you are investigating your own boss? Learn how to ethically conduct an employment investigation from a panel of experienced corporate counsel as they discuss challenges, ethical obligations and best practices of internal employment investigations and litigation around the globe. Moderator: Michael D. Marin, Partner Boulette Golden & Marin L.L.P. Austin, TX Panelists: Abel Martinez, VP Partner Relations Risk Solutions and Government Affairs HEB San Antonio, TX work, how to position yourself, and how you can increase your chances of securing work as outside counsel. This is your opportunity to learn specifics from in-house counsel and be even more prepared for your upcoming interview. Moderator: Meshach Y. Rhoades, Attorney Greenberg Traurig Denver, CO Panelists: Joel Stern, CEO National Association of Minority & Women Owned Law Firms Chicago, IL Bruce Strothers Senior Managing Counsel, Minute Maid/Coca-Cola Co. Houston, TX Tim Gluszak, Senior Manager, Learning & Development, Global Diversity and Inclusion General Mills, Inc. Minneapolis, MN Lina Martinez, Corporate Counsel Suburban Propane New York, NY Daniel N. Ramirez, Partner 10 Monty Ramirez Law Firm Houston, TX Elizabeth M. Provencio, Partner Denton, Navarro, Rocha, Bernal, Hyde & Zech, PC San Antonio, TX Michael Massiatte, Chief Employment and Compliance Counsel Denbury Resources, Inc. Dallas, TX 11:30 am – 12:00 pm Lunch 12:00 pm – 1:30 pm General Counsel Round Table – The Next Act: Strategies for Increasing Diversity in Law Firms Salon I In-house legal departments have a unique opportunity to drive diversity and inclusion forward in the legal profession. This GC led panel will explore innovative and effective ways to advance diversity within corporate legal departments and will discuss impactful ways in which legal departments can partner with law firms to mutually advance diversity initiatives. Salon I Moderator: Bruce Struthers, Senior Managing Counsel Minute Maid/The Coca-Cola Company Houston, TX Panelists: Alexander May Vice President & General Counsel, US Operations and Compliance Walmart Bentonville, AR Bobby Perez, Vice President & General Counsel San Antonio Spurs San Antonio, TX Kim Rivera, General Counsel DaVita Denver, CO 11 1:30 pm – 1:45 pm Networking Break & Exhibit Hall Visits 1:45 pm – 3:00 pm CLE Sessions Salon I Pre-Function In-House Counsel & Corporate Track Panel #2 Litigation & Business Law Track Panel #2 Salon K Public Interest & Government Track Panel # 2 Salon L Business Dev. Institute Track Panel #2 Salon M Future Shock: What will Law Departments and Practice Areas Look like by 2025 Myth and Reality: What is the Impact of New Federal Rules Changes and the Cost of Discovery Oil Regulation Reform in Mexico Building Deep Relationship Capital This panel will explore the key regulation reform in Mexico. Panelists will discuss the role of the State Productive Enterprises (PEMEX), the new role of the Regulatory Entities of the Oil & Gas Sector (CRE and CNH), participation of private entities and foreign investors under the new laws, and the creation of the National Agency for Industrial Safety and Environmental Protection of the Hydrocarbon sector. The discussion will cover key considerations for U.S. companies in establishing operations in Mexico in the energy sector, including standalone operations, co-ventures with Mexican companies and contract models for public private partnerships with the Mexican government. Lastly, we will focus on planned midstream and downstream project opportunities in oil, gas and renewables, as well as supporting infrastructure, and the view of these opportunities and the market by members of the investment community. Strong, enduring client relationships are the lifeblood of most organizations. Long term relationships serve another key function in today’s tumultuous markets: they reduce risk for both clients and service providers. Your capacity to develop, sustain, and grow deep relationships can be one of the tools to predict your long-term success. This panel will focus on strategies to build and maintain trusted client partnerships. We will examine and discuss practical ideas for in-house counsel and law firm lawyers to build deep and lasting relationships. Salon J The panel will discuss innovative issues that many legal departments are preparing to deal with in the next few years. With the advent of new technology and business practices in mind, topics include: 1) what skills will be required to serve as GC, 2) alternative billing arrangement, 3) managing outside firms, 4) the skills they look for when interviewing potential GCs. Moderator: Rafael X. Zahralddin, Shareholder and Director, Elliott Greenleaf Wilmington, DE Panelists: Walfrido J. Martinez, Managing Partner Hunton & Williams LLP New York, NY Justin Connor, Senior Counsel & Director of Chief Legal Officer Services, Association of Corporate Counsel, Washington, DC Gretchen Bellamy Assistant General Counsel Walmart Stores Inc. Bentonville, AR Proposed and potentially recommended changes to the Federal Rules of Civil Procedure relate to refining the scope of discovery in the digital age and the consequences for a party’s failure to preserve evidence. The Civil Rules Advisory Committee is considering implementing a requirement that the scope of permissible discovery be proportional to the litigation at issue, paring down the presumptive number of discovery requests, fostering more cooperation between the parties and court involvement in managing litigation and providing safeguards for parties against sanctions for the failure to preserve discoverable information when the failure was not willful or in bad faith. Learn about these changes and how they can affect your discovery efforts Moderator: Juan C. Garcia, Partner Sutherland Asbill & Brennan LLP Houston, TX Panelists: Moderator: Jackie Becerra, Attorney Greenberg Traurig Miami, FL Panelists: Manuel Calderon, Attorney General Motors Detroit, MI Joseph Nuñez, Senior Group Counsel Target Corporation Minneapolis, MN 12 Glenda Martinez Assistant General Counsel Univision Communications Inc. Miami, FL Celia Ballí, Senior Counsel KBR, Inc. Houston, TX Aaron P. Selikson, Associate Cooper & Dunham LLP New York, NY Gabriel Zorogastua, Shareholder Polsinelli Kansa City, KS Effie D. Silva, Partner McDermott Will & Emery LLP Miami, FL 2:00 pm – 4:00 pm Moderator: Derek J. Anchondo, Partner Adams and Reese LLP Houston, TX Dawn Valvidia, Assistant General Counsel - Labor and Employment Honeywell International Phoenix, AZ Panelists: M. Angelica Espinosa, Chief Counsel Sempra International San Diego, CA Erica V. Mason, Partner Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. Atlanta, GA Robert Downing, Shareholder Greenberg Traurig Houston, TX Rocio Guadalupe Mendoza Associate Winston & Strawn LLP Houston, TX Business Development Institute – Mock Interview Pods Conference Rooms 13-14 This BDI practice session will allow attorneys to practice pitching their firms’ services to corporate counsel and senior law-firm lawyers. It will build relationships between the firms and the legal departments, and build the “pitch skills” of the attorney. We will solicit volunteers to serve as pod “coaches” and participants via email. Once registration is complete we will match the “coaches” and participants in pods of three-four teams. 3:00 pm – 3:15 pm Networking Break & Exhibit Hall Visits 3:15 pm – 4:30 pm CLE Sessions In-House Counsel & Corporate Track Panel # 3 Salon J Litigation & Business Law Track Panel # 3 Salon K Salon I Pre-Function Public Interest & Government Track Panel # 3 Salon L Business Dev. Institute Track Panel #3 Salon M 13 Protecting the Multi-Billion Dollar World of Fashion The panel will provide an introduction to the burgeoning field and an update on the current state of law governing the fashion industry. Panelists will explore recent case law in both intellectual property and other areas of the law. Specifically, best practices will be addressed concerning trademark, trade secret, copyright, and design patents, as well as other important areas that are of impact to the industry. Panelists will provide an in-depth discussion on exemplary issues faced by practitioners representing clients in the fashion industry – from the individual designer to multinational fashion brands. Emphasis will be on cutting edge legal problems in the industry including the topics mentioned above, along with the specific topics of licensing, social media, and cyber-squatting. Moderator: Ruben C. DeLeon, Partner FisherBroyles, LLP Dallas TX Panelists: Barbara Leal, Attorney Counsel on Call Dallas, TX Purvi Patel Albers, Partner Haynes and Boone, LLP Dallas, TX Laura Ganoza Partner Foley Lardner, LLP Miami Florida Which Inventions Are Still Protected? Intellectual Property Protection Following the Supreme Court's Most Recent Decision The panel will examine the Supreme Court’s Alice Corp. v. CLS Bank decision, its progeny, USPTO’s revised guidelines and the impact they have on patent eligibility for a broad array of inventions. In house and outside counsel will discuss the practical implications of the decisions, including suggestions for steering a company through the major sea change in the law including: patent prosecution, post-grant proceedings, and invalidity arguments in the District Court, and how courts are incorporating the tests articulated by the Supreme Court. Other topics will include the kinds of applications and patents that are most vulnerable and what can be done to protect them and how patent litigation defendants can take advantage of the changes. Moderator: Jennifer Trusso, Partner Sheppard Mullin Costa Mesa, CA Panelists: Kate Drakos, Assoc. General Counsel Microsoft Corporation Redmond, WA Linda J. Thayer, Partner Finnegan, Henderson, Forobow, Garrett & Dunner, LLP Boston, MA Public/Private Partnerships: Balancing Closing the Deal the Different Needs to Finance the Nation’s Infrastructure People buy our personal brand before they ever buy our service The panel will examine the current as a lawyer. You alone have the state of public-private partnerships power to attract business and (P3s) across modes of transportation, grow your career if you have the economic development, public right personal brand. This panel buildings, and other infrastructure will focus on refining your skillset for throughout various states. The panel making the winning “pitch” and experts will discuss the challenges and opportunities to balance the needs of getting results. Learn what it takes the public and private sectors when to create a personal brand, considering, developing, and achieve greater credibility and implementing P3 projects to finance influence in your communications and presentations, project your the nation’s infrastructure. best to the world, and to Moderator: consistently perform at your Rich DePalma, Senior Consultant optimal level of performance in Strategic Partnerships, Inc. the business development Austin, TX process. Panelists: Patricia de la Peña, Partner Nossaman, L.L.P. Austin, TX Moderator: Gina Rodriguez, Partner Faegre Baker Daniels Denver, CO Alfredo L. Gonzalez, Attorney Genovese Joblove & Battista, P.A. Miami, FL Panelists: Barrett Avigdor, Managing Director Major, Lindsey & Africa San Diego, CA Mark Pfeffer, President Pfeffer Development Anchorage, AK Fernando A. Bohroquez, Jr. Partner Baker Hostetler New York, NY James M. Bass, Chief Financial Officer Texas Department of Transportation Nelson C. Bellido Austin, TX Partner Roig Lawyers Miami, FL 14 Laura Ganoza, Partner Foley Lardner, LLP Miami, FL Dorrell G. Mottley, Shareholder Bonner & Witcoff Washington, DC Antony Pfeffer, Partner Kenyon & Kenyon LLP New York, NY 3:30 pm – 5:30 pm HNBA Latina Commission Meeting Conference Room 12 4:00 pm – 5:30 pm HNBA Judicial Council Reception Sazo’s Restaurant 6:30 pm – 9:00 pm HNBA Top Lawyers Under 40 Awards Reception 9:00 pm After Hours Champagne Reception (Hosted by the HNBA LGBT Section) Briscoe Museum, 210 W Market St, San Antonio Conference Rooms 17-18 Friday, March 20, 2015 7:30 am – 5:00 pm HNBA Registration Salon I Pre-Function 7:30 am – 8:30 am Friends of Bill meeting Conference Room 11 8:00 am – 8:30 am Networking Breakfast Salon I 8:30 am – 10:00 am HNBA Latina Commission Plenary Session: Rompiendo the Glass Ceiling: How Latinas Can Address the Gender Bias in the Legal Profession Salon I The panel of prominent Latinas will address contemporary legal developments and issues affecting women in the law. Discussions topics will include: the cultural issues that Latinas specifically face, the reasons why gender bias stills exists in legal private practice, potential avenues of reform, and how to empower women to achieve their potential in the legal field. The discussion will focus on the striking statistics of high-level women in private practice, especially women with children, and will explore the role of gender discrimination law, the economic downturn, and the choice by women and firms to promulgate the status quo. Moderator: Jill Lynch Cruz, PhD, SPHR President JLC Consulting, LLC Bethesda, MD Panelists: 15 Maria Melendez, Partner Sidley Austin New York, NY Karina Ayala-Bermejo, General Counsel Metropolitan Family Services Chicago, IL Hilary Tompkins, Solicitor U.S. Department of Interior Washington, DC 9:30 am – 3:15 pm Moot Court Competition (Schedule on pg. 58) 10:00 am – 4:00 pm HNBA Exhibitor Showcase Salon I Pre-Function 10:15 am – 11:45 am Build Your Brand with Google Tools Workshop Conference Room 12 Learn how to use Google's free, online tools for your professional branding. Expand your online presence and learn how to utilize technology to help you in your business development needs. This workshop is designed for solo practitioners and small law firm attorneys but everyone is welcomed. Presenter: Jennifer Bernal-Garcia Senior Analyst Google Washington, DC 10:15 am – 11:30 am CLE Sessions In-House Counsel & Corporate Litigation & Business Law Track Track - Panel # 4 Salon J Panel # 4 Salon K What Every Practitioner Should Lock Your Systems! Best Practices to Know: Current Developments In IRS Handle the Legal Issues arising from Tax Controversy And Litigation Complex Privacy Breaches Government officials and tax practitioners will address current developments in tax matters, including corporate tax, demystifying what activities a non-profit can and cannot engage in, the recent Data breaches are growing in size and complexity in almost every industry and corporate counsel must possess greater sophistication in their analyses and responses grows with it. The panel will offer the perspective of both in-house counsel and outside incident response experts. The session Public Interest & Government Track Panel # 4 Salon L Financial Regulatory Compliance & Enforcement – Trends and Future Direction The regulation of financial services in the U.S. has increased in complexity in recent years, in part as a response to the events that led to the national economic downturn. Experienced federal prosecutors and white collar defense attorneys will Leadership & Professional Development Track Panel # 1 Salon M Leadership Skills for Lawyers In law school, we’re trained to “think like a lawyer”. Fresh law school graduates perfect their analytical and writing skills. But where do we learn the elusive “leadership” skills? As corporations (and other organizational clients) continue their focus on providing efficient legal services, effective “leading” is becoming a critical lawyering skill. The panel will explore the concept of leadership from a lawyer’s 16 "Obamacare" updates, and other matters. Panelists will also discuss applicable IRS rules, regulations, and case law. Moderator: Juan F. Vasquez, Jr., Shareholder Chamberlain Hrdlicka Houston, TX Panelists: Juan F. Vasquez US Tax Court Judge Washington, DC Theresa McCutcheon Vice President-Tax Acelity Companies San Antonio, TX Jaime Vasquez, Senior Counsel Chaberlain Hrdlicka San Antonio, TX Antoinette L. Ellison, Associate Kilpatrick Townsend & Stockton LLP Atlanta, GA will focus on some of the discrete issues that truly matter, such as when does the notification clock start ticking, what if parts of the investigation are inconclusive, when and in what instances should a company engage the media, what critical details should go into the investigative report and what information is privileged. The panel will also draw upon the panel’s practical hands-on experience to provide a check list of the top five actions in-house counsel can take to respond more effectively to a breach, or better yet, to increase the odds of preventing such an unfortunate incident in the first place. Moderator: Marianela Peralta Associate General Counsel Walmart Stores, Inc. Bentonville, AR Panelists: Andria Arias, Attorney Division of Privacy and Identity Protection, Bureau of Consumer Protection, Federal Trade Commission Washington, DC provide differing perspectives in the regulation of financial activity at the Consumer Financial Protection Bureau and the Financial Industry Regulatory Authority (FinRA). The panel will provide an overview of the key updates and developments in government investigations and litigation in the field of financial services and products. perspective—and will cover topics ranging from the mundane task of leading projects, to exploring those basic attributes that make a good organizational leader. Moderator: Zuraya Tapia, Director U.S. Mexico Foundation Washington, DC Panelists: Cynthia D. Mares, National President Hispanic National Bar Association Arapahoe Co. Public Trustee Denver, CO Moderator: John Rosero, Vice President, Chief Legal Officer and Secretary Prudential Annuities Distributors, Inc. Mary Smith, National President (a Prudential Financial company) National Native American Bar Association Newark, NJ General Counsel, Illinois Dept. of Insurance Panelists: Lansing, IL Dama Brown, Director Honorable Peter Reyes, Judge Southwest Regional Office Minnesota Court of Appeals Federal Trade Commission Minnesota, MN Dallas, TX Anthony Alexis, Acting Director Division of Enforcement Roman Hernandez, Partner K&L Gates Portland, OR Vincent Martinez, Attorney Cybersecurity Working Group U.S. Securities and Exchange Commission Washington, DC 17 Mauricio Paez, Partner Jones Day New York, NY U.S. Consumer Financial Protection Bureau Washington, DC Thomas J. Hiborger, Managing Director Stroz Friedberg Washington, DC Allyson B. Baker, Partner Venable LLP Washington, DC Jessica Magee Assistant Regional Director Securities and Exchange Commission Dallas, TX 11:30 am – 12:00 pm Lunch Salon I 12:00 pm – 1:30 pm Plenary Session: A Balancing Act: Achieving Success Without Compromising Your Health in a Demanding Legal Environment Salon I The panel will discuss topics that include: stress and life-balance issues; how personal neglect, mental health issues and substance abuse affect the legal community, including discipline and disbarment; and, sources of treatment and support for legal professionals and their family members, including state bar Lawyer Assistance Programs, other private efforts, and Twelve Step recovery programs. Speakers will discuss healthy lifestyle choices including fitness and nutrition, and also will focus on issues facing the Latino professional working in demanding legal environments such as law firms and corporate law departments, including the personal and cultural impediments to detection and treatment within these professional environments. Moderator: Raul Ayala, Federal Public Defender Chair, HNBA Lawyer Assistance Committee Los Angeles, California Panelists: Bree Buchanon, Executive Director Texas Lawyer Assistance Program Austin, Texas Allan K. Dubois, President-Elect The State Bar of Texas San Antonio, Texas Eduardo Juarez, President-Elect National LGBT Bar Association Washington, D.C. 18 1:00 pm – 3:30 pm HNBA Legal Education Fund (LEF) Board Meeting 1:45 pm – 3:00 pm CLE Sessions In-House Counsel & Corporate Litigation & Business Law Track Track Panel # 5 Panel # 5 Salon K Salon J Don’t Be An Ostrich: Proactive Strategies to Successfully Manage Environmental Compliance and Enforcement Matters The panel will consist of current and former federal environmental enforcement officials, corporate counsel, and in-house counsel, who will discuss ways to anticipate, identify, and resolve environment enforcement issues. Topics covered would be EPA and DOJ enforcement priorities, penalty and audit policies, consent decree strategies (including supplemental environmental projects), and environmental justice. Government attorneys, corporate and in-house counsel will provide their perspectives on best practices and lessons learned. Moderator: Hana V. Vizcarra, Associate Beveridge & Diamond PC Baltimore, MD The Foreign Corrupt Practice Act: Recent Developments and Best Practices The Foreign Corrupt Practices Act (FCPA) is one the U.S. government’s tools to promote greater accounting transparency in securities transactions and to fight the bribery of foreign officials. Panelists will discuss recent enforcement priorities of the U.S. Department of Justice and the Securities and Exchange Commission. The panel will review how to develop and implement effective compliance programs and the best practices for companies to comply with the FCPA. Panelists will also highlight anti- corruption developments in Latin America, including the increased cooperation between the U.S. and Latin American law enforcement authorities. Moderator: Wilfredo Ferrer, U.S. Attorney Southern District of Florida Miami, FL Panelists: Emmanuel E. Ubinas, Partner Conference Room 11 Public Interest & Government Track Panel # 5 Salon L Leadership & Professional Development Track Panel # 2 Salon M Security, Privacy, and Compliance in New Job! Transitioning to Your Next Employment Opportunity. the Cloud. Regardless of the many notorious cybersecurity breaches we have seen this past year – Chase, Home Depot, Sony, Target, etc. – and concerns about United States law enforcement practices companies around the world are no longer deciding whether to move to the cloud. The question is what workloads will they move first and when they will do so. Two of the most important elements that are being evaluated by prospective customers are the cloud’s security and privacy features and the cloud providers’ practices. In addition, customers want to understand how cloud vendors can help them comply with their internal and external obligations with respect to the data they control. This panel will bring together various multinational cloud vendors –Microsoft and Rackspace, and two multinational customers who are already using the cloud – Pepsico [and Walmart] – to discuss what their views are on The panel, comprised of seasoned HR professionals, including corporate recruiters, will discuss how to prepare for new opportunities and how to work with legal recruiters. Other topics that will be discussed include effective salary negotiation and closing the compensation gap. Moderator: Alex Gonzalez, Associate Lorance & Thompson Houston, TX Panelists: Jacquelynn Ruiz, Director, Employment Practices Raymond James & Associates, Inc. Chicago, IL Christine Poleski Gaona Managing Partner Oakstone Human Capital LLC Houston, TX Mariana Cortez, Life Coach Sage University Austin, TX Kathryn Smith, Sr. Recruiter Walmart Bentonville, AK 19 Panelists: Ignacia Moreno, CEO & Principal The iMoreno Group, PLC Former Assistant AG, Environment and Natural Resource Division Department of Justice Washington, DC Ron Curry, Administrator Environmental Protection Agency South Central Region (Region 6) Dallas, TX Holli Feichko, Environmental Counsel W. R. Grace & Co. Columbia, MD Mary Simmons Mendoza, Partner Haynes and Boone Austin, TX Jones Day Dallas, TX Dara Fernandez, Counsel Bupa Worldwide Corporation Miami, FL Marc Daniel Jiménez, Partner McDermott Will & Emery LLP Miami, FL Jose F. Sanchez, Partner Sidley Austin LLP Los Angeles, CA security, privacy, and compliance from a feature and practices perspective. We will discuss important security features (such as encryption), positions on privacy and approaches to compliance. Moderator: Nitza Agrait Vilá, Senior Attorney Microsoft Fort Lauderdale, FL Panelists: Cynthia Sutherland, Legal Director, Technology Counsel PepsiCo, Inc. Plano, TX Erik H. Adams, Assistant General Counsel Microsoft Redmond, WA Jennifer Schlosstein, Associate General Counsel Walmart Stores, Inc. Fayetteville, AK 2:45 pm – 3:45 pm 4TH HNBA Annual Speed Networking and Corporate Connections Program Conference Rooms 13-16 The Speed Networking and Corporate Connections Program is one of the Hispanic National Bar Association’s signature professional and business development initiatives. In accordance with our mission, to enrich and diversify the legal profession, the Program is designed to promote meaningful business relationships between America’s leading corporate law departments and HNBA attorney member. 3:15 pm – 4:30 pm CLE Sessions In-House Counsel & Corporate Litigation & Business Law Track Public Interest & Government Track Track Panel #6 Salon J Salon L Panel # 6 Salon K Panel # 6 Leadership & Professional Development Track Panel # 3 Salon M 20 Bet the Company: Managing Large and Complex Claims This panel will discuss what goes into planning and managing significant litigation that has the potential to be successful or ruinous to your company, with no middle ground. Topics will include informing your board of directors, setting strategy, managing the public relation aspects of such a case and how the amounts at stake impact settlement strategies (e.g., whether to hire jury consultants). Moderator: David Cabrales, Partner Locke & Lord Dallas, TX Panelists: Carlos M. Hernandez, Executive VP, Chief Legal Officer and Secretary Fluor Corporation Irving, TX Rudy Rodriguez, Senior Vice President and General Counsel CEC Entertainment Dallas, TX Rosevelie Márquez Morales Member Harris Beach PLLC New York, NY Managing Product Liability on a National and Global Scale President Obama’s Executive Order on Immigration Enforcement: How it Affects Businesses and Individuals? As product manufacturers continue to grow and expand markets, supply The President has issued an Executive chains and partnerships globally, they Order to federal agencies on the must comply with strict—and enforcement of immigration laws. sometimes conflicting— product Specifically, the President’s has safety and product recall authorized certain categories of nonrequirements. Drawn into legal and documented immigrants to receive a regulatory actions at home or half a deferral from deportation—parents of world away, manufacturers and U.S. citizen children, DREAMers, etc. resellers can experience serious Hear about the specific details of the financial and brand losses. Gain Executive Action from representatives perspective from people who have of the Department of Homeland been on the front line of developing Security charged with enforcing the preventative measures and managing immigration laws and other the fallout of product recalls. Using practitioners on how the Executive recent examples to illustrate best (and Order affects businesses and sometimes worst) practices, panelists individuals. will provide practical tips on how companies can manage their risk and Moderator: coordinate national and global Lee J. Teran, Clinical Professor of Law product recalls, regulatory action and St. Mary's University School of Law follow-up litigation. San Antonio, TX Moderator: Andrew Segovia, Executive Director of Legal Operations – Products Liability General Motors LLC Detroit, MI Panelists: Marisa Bono, Staff Attorney Mexican American Legal Defense & Educational Fund (MALDEF) San Antonio, TX Panelists: Yesenia E. Cardenas, Senior Counsel Bowman and Brooke LLP Austin, TX Andres Perez, Attorney Perez & Malik, PLLC San Antonio, TX Madeleine Boyer Kadas, Principal Beveridge & Diamond PC Austin, TX Jose M. Luzarraga, Partner Bowman and Brooke LLP Steve Flores, Associate Winston & Strawn LLP Chicago, IL Ricardo Aponte Parsi, Attorney Empresas Fonalledas, Inc. San Juan, PR Path to the C-Suite and Career Progression Inside the Corporation Looking to build your brand in- house? What skills do companies look for in a General Counsel and do you have what it takes to get you there? This panel will discuss strategies to becoming a General Counsel of a Fortune 500 company. Learn what profiles CEO’s ask professionals to search for and how to successfully build your profile. Panelists will discuss current trends in the market and give you concrete direction on developing your roadmap to GC. This panel will also explore the intricacies of getting ahead within the corporation. Panelists will discuss their practices for hiring from within, as well as the skills they evaluate when hiring from the outside. Moderator: Monica L. Piñon, Associate General Counsel Blue Cross and Blue Shield of Texas Dallas, TX Panelists: Jamey Seely, Executive VP & General Counsel ION Geophysical Houston, TX Chris Garza, Vice President - Legal, General Counsel, and Corporate Secretary Cosentino North America Sugar Land, TX Gonzalo Smith, General Counsel Walmart Latin America Rogers, AK Angel Gomez, Principal AG Gomez Consulting, LLC Chicago, IL 20 Daniel O. Mateo, Partner Dallas, TX Avila Rodriguez Hernandez Mena & Ferri LLP Regina M. Rodriguez, Partner Miami, FL Faegre Baker Daniels Denver, CO 3:30 pm – 5:00 pm HNBA Legal Education Fund (LEF) Fundraising Reception Conference Rooms 17-18 3:45 pm – 4:45 pm HNBA Speed Networking and Corporate Connections Reception (Open to all program applicants and participating companies ONLY) Conference Room 12 6:00 pm – 7:00 pm Gala Reception Sala I Pre-Function 7:00 pm – 12:00 am Gala Awards Dinner Salon I Saturday, March 21, 2015 7:30 am – 8:30 am Friends of Bill meeting Conference Room 11 9:30 am – 5:00 pm HNBA Board of Governors Meeting Off Site 10:30 am – 3:00 pm HNBA Committee, Commission, Division, Section, and Taskforce Meetings 21
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