Rancho Bernardo Inn
Santiago Ballroom & Courtyard
17550 Bernardo Oaks Drive
San Diego, CA 92128
Overview (Program Summary)
A program hosted by:
ACC San DiegoACC is proud to present a day of invaluable programs for San Diego's general counsel community. High-caliber and targeted industry content conveniently scheduled into one day with dual tracks.
Your ticket includes:
- Two MCLE options each hour
- Continental breakfast
- Plated lunch with in-house counsel award presentation
- Happy Hour with complimentary cocktails and appetizers outside in the Santiago Courtyard
Make a great first impression with a new portrait!
ACC San Diego will be offering complimentary headshots during the event. A good headshot helps build a credible reputation when hunting for a job or building your company’s brand identity. Stand out in the crowd with a professional headshot from Brent Haywood Photography! (ACC members only.)
Downloadable Schedule
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Breakfast
8:30 - 9:30 AM
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Session 1
9:30 - 10:30 AM
What To Do When the Government Knocks on Your Door
Speakers:
Pamela Naughton, Partner, DLA Piper
Rebecca Roberts, Of Counsel, DLA Piper
Becoming the target of a government investigation is what keeps General Counsel up at nights. This presentation gives specific and practical guidance on government investigations: what triggers them, what steps companies should take in response, how to navigate through the investigative process, and what to do when the company is the victim of a crime. (1 General Credit)
Topics that will be discussed:
- What events typically trigger a government investigation?
- What to do if subjected to a search warrant?
- Which government agencies are most likely to investigate?
- Who should be on the Emergency Response Team?
- What steps should the Board of Directors take?
- Who should be told about the investigation?
- How do we approach the employees?
- Plus much more...
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Session 2
9:30 - 10:30 AM
Alphabet Soup: Practical Advice to implement GPC, LDU, RDP and other CPRA Obligations
Speakers:
Wynter Deagle, Partner, Sheppard Mullin
Orson Lucas, Principal, Cyber Security Services, KPMG
Andy Medlin, Vice President & General Counsel, Hot Topic
The CPRA has ushered in a new era of privacy, signaling a continued evolution by legislators toward a more mature, technology-centric approach to managing consumer and employee privacy rights. This applies with implementation of technical controls to enable Global Privacy Control (GPC), restriction of data processing (for example with Google’s Restricted Data Processing (RDP) and Meta’s Limited Data Usage (LDU)). But it also represents more proactive enforcement in identifying non-compliant companies. This session will explore practical approaches to proactively address CPRA’s key obligations, as well as legal and enforcement perspectives to help ensure organizations stay off the enforcement radar. (1 General Credit)
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Session 3
10:45 - 11:45 AM
Wage and Hour PAGAs and Class Actions: New Laws & Settlement Strategies
Moderator:
Hon. Kenneth K. So, Mediator, Signature Resolution
Speakers:
Monique Ngo-Bonnici, Mediator, Signature Resolution
Hon. Amy Hogue, Mediator, Signature Resolution
In addition to a comprehensive discussion on the Supreme Court’s 2022 enforcement of agreements to arbitrate individual PAGA claims in Viking River Cruises, Inc. v. Moriana, panelists will provide an in-depth analysis of recent changes in the law, including the pending Uber/Adolph case, and how such changes will impact on-going settlement strategies. Panelists will discuss how the various courts are handling PAGA and class action cases and how mediation can be used to as tool toward resolving these cases cost effectively. (1 General Credit)
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Session 4
10:45 - 11:45 AM
Drive Diversity, Equity, and Inclusion
Speakers:
Michelle Meek, Principal, Jackson Lewis PC
Stephanie Kierig, Associate, Jackson Lewis PC
Guillermo Escobedo, Principal and Office Litigation Manager, Jackson Lewis PC
Diana Cohen, Head of Legal & Compliance, Lilt, Inc. and ACC San Diego Incoming President
We will discuss the intersection of successful DEI policies, workplace laws, and a company culture of respect, performance, and retention. (1 Recognition and Elimination of Bias in the Legal Profession and Society Credit)
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Lunch
11:45 - 1:00 PM
Short program and announcing the winners of the 2023 ACC San Diego In-House Counsel Awards
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Session 5
1:00 - 2:00 PM
DOJ and FDA Regulatory and Enforcement Trends
Speakers:
Adam Braverman, Partner, Morrison Foerster
Stacy Cline Amin, Partner, Morrison Foerster
This session will be led by former DOJ prosecutors, a former in-house compliance officer, and the former Chief Counsel of the U.S. Food and Drug Administration (FDA) and Deputy General Counsel of the Department of Health and Human Services (HHS) to discuss DOJ and FDA enforcement trends and policy changes. Specifically, our team will provide insights regarding DOJ and FDA’s approach to investigations and enforcement regarding the False Claims Act, the federal Anti-Kickback Statute, and FDA regulatory guidance. (1 General Credit)
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Session 6
1:00 - 2:00 PM
Cloud Chaos: Key Terms and Gotchas in Software, SaaS and Cloud Computing Agreements
Speakers:
Charles Haley, Partner, Cooley LLP
Brian Busse, General Counsel, Arlo Technologies, Inc.
This session will provide an overview of the key provisions in, and heavily negotiated provisions of, a cloud-based, Software-as-a-Service agreement.
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Session 7
2:15 - 3:15 PM
The Robots Are Coming: Navigating AI and the Growing US Regulatory Landscape
Speakers:
Peter Stockburger, San Diego Managing Partner, Dentons
The presentation will tackle new laws impacting the use of artificial intelligence, how businesses are leveraging artificial intelligence to gain market advantage, and what the future legal and regulatory landscape looks like for organizations looking to leverage artificial intelligence across their organizations and functions. (1 General Credit)
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Session 8
2:15 - 3:15 PM
What In-House Counsel Should know about the Pay Transparency Law
Speakers:
Jennifer N. Lutz, Esq., Shareholder & Co-chair, Employment & Labor Group, Pettit Kohn Ingrassia Lutz & Dolin
Amanda Chafin, Associate General Counsel, General Dynamics NASSCO
Pay transparency legislation has proliferated in recent years and California recently adopted one of the most comprehensive workplace equity laws in the US. Various states including California are now required to disclose salary and benefit offerings to job applicants as well as employees. This presentation will discuss recent pay transparency law developments and practical real-world tips on what to expect from enforcement agencies. Discussion will also include best practices and strategies to ensure your company is prepared and in compliance with these new requirements. (1 General Credit)
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Session 9
3:30 - 4:30 PM
Boilerplate Contract Clauses Through the Litigator’s Lens: How to Make Your Contracts Work for You
Speakers:
Andrew Skale, Litigation, Mintz
Randy Jones, Litigation, Mintz
Nicole Rivers, Litigation, Mintz
Natalie Prescott, General Counsel & Vice President, Fulgent Genetics
Corporate counsel are being pushed to do more with less, streamline their teams, and leverage every dollar spent on outside counsel. While efficiency should always be the goal, increasing the company’s exposure to risk should not be the unintended consequence. This program will focus on the pitfalls and risks of using boilerplate contract language in business contracts and recent developments in employment law that make arbitration agreements more favorable if drafted correctly. While not every term of a contract should be customized, it is too late to understand what boilerplate means when a relationship sours and contract provisions become fodder for litigation.
Our panel of seasoned trial lawyers will highlight key issues to avoid and provide insight into how they review, analyze, and dissect some commonly used boilerplate provisions when preparing for trial. (1 General Credit)
Topics will include:
- Indemnity provisions: We agreed to do what?
- Choice of law
- ADR provisions in employment agreements
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Session 10
3:30 - 4:30 PM
Protecting the Crown Jewels… Tips and Trends in Trade Secret Law
Speakers:
Mindy Morton, Partner, Procopio
The Defend Trade Secrets Act was passed in 2016, providing federal jurisdiction for trade secret cases. Since then, we have seen a surge in trade secret cases filed. This program will discuss trade secret protection under state and federal laws, including how to identify and protect trade secrets, litigation trends, and practical guidance for companies trying to stop trade secrets from leaving he company and those accused of infringing trade secrets. (1 General Credit)
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4:30 - 5:30 PM
Happy Hour!