Second Annual In-House Counsel Network Conference

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• In-Person Event

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https://fedsoc.org/conferences/second-annual-in-house-counsel-network-conference#panel-1-should-the-market-or-regulators-or-neither-mandate-esg-disclosures
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Description

The U.S. Securities and Exchange Commission (SEC) and several states are contemplating, or have passed, sweeping disclosure requirements related to Environmental, Social, and Governance (ESG) standards. These standards, as proposed, will require companies to disclose information that the SEC has linked to climate change, and about things like environmental practices. Were existing, voluntary company disclosures enough without regulation?  What impact do these rules have on companies? Do ESG regulations assist with comparability, or does the nature of ESG disclosure make that goal unattainable?  With the rise of the major questions doctrine, see West Virginia v. EPA, how will these regulations withstand legal scrutiny? Will shareholders be satisfied with compliance alone, or will they continue to push for additional ESG disclosures? Is this just a “dumb game we woke westerners play,” as Sam Bankman-Fried stated, “where we say all the right shibboleths so everyone likes us,” or is ESG now a permanent focus in the market?

Featuring:

Justin Danhof, Head of Corporate Governance, Strive Asset Management

Hon. Troy Paredes, Founder, Paredes Strategies LLC; Former Commissioner, Unted States Securities and Exchange Commission

Hon. Eugene Scalia, Partner, Gibson, Dunn & Crutcher; Former United States Secretary of Labor

Moderator: Hon. Hester Peirce, Commissioner, United States Securities and Exchange Commission

Speakers

Justin Danhof

Troy Paredes

Hester M. Peirce

Eugene Scalia

• In-Person Event

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Description

Breakout Sessions

The Challenges for Business in Litigating before an Originalist and Textualist Supreme Court, The U.S. Chamber of Commerce

Lessons Learned from Suing the Federal Government, Cooper & Kirk PLLC

State Data Privacy Laws and Litigation: Recent Developments, Continuing Uncertainties, and Strategies for In-House Counsel, EimerStahl LLP

What In-House Lawyers Need to Know about the Federal Trade Commission’s Current Initiatives, Ranging from a Non-Compete Ban to Merger Enforcement Practices, Eimer Stahl LLP

Consumer Protection Enforcement and Consumer Class Action Developments, Gibson Dunn & Crutcher LLP

How Should Companies Navigate Sub-regulatory Guidance?, Foley & Lardner

Navigating the Currents: State Pro-& Anti- ESG Laws, Foley & Lardner

The Future of Banking and FinTech: Regulatory Issues Surrounding Banks and Digital Financial Services Under the Biden Administration, Jones Day

The Evolving Landscape of U.S. Corporate Criminal Enforcement:  What the DOJ’s Recent Policy Changes Mean for You and Your Company, Jones Day

Corporate Crisis Management: A View from the Legal Department, King & Spalding

Confirmed Speakers

• Charbel Barakat, Vice President and Chief Counsel, Florida Region, DR Horton
• Brian Barnes, Partner, Cooper & Kirk PLLC
• Eric Berg, Assistant General Counsel at IDEX Corporation, former Trial Attorney, U.S. DOJ, Criminal Division
• William Chang, Chief Legal Officer and Corporate Secretary, UpStream Healthcare, former Deputy General Counsel, U.S. Dep’t of Health and Human Services
• Chad Boudreaux, Executive Vice President and Chief Legal Officer, Huntington Ingalls, Inc
• Edward D. Burbach, Chair, Foley & Lardner’s Government Solutions Practice Group
• Daniel Birk, Partner, Eimer Stahl LLP
• Adam Deckinger, General Counsel and Secretary, Tyson Foods, Inc.
• John Demers, Corporate Secretary, The Boeing Company
• Robert Dunn, Managing Partner, Eimer Stahl LLP
• Nathan Eimer, Managing Partner, Eimer Stahl LLP
• Gustav W. Eyler, Partner, Gibson Dunn LLP
• Hon. Noel Francisco, Partner-in-Charge Washington, Jones Day
• Svetlana S. Gans, Partner, Gibson Dunn LLP
• Michael Glackin, Associate General Counsel, Global Litigation and Europe, Middle East, Africa, and India, Dow Chemical Company
• Jonathan Gould, Partner, Jones Day
• Bradley J. Hamburger, Partner, Gibson Dunn LLP
• Kevin Hart, Partner, Jones Day
• Vanessa Jacobsen, Managing Partner, Eimer Stahl LLP
• Matthew Krueger, Partner, Foley & Lardner LLP; former U.S. Attorney for the Eastern District of Wisconsin
• Stephen Potenza, Deputy General Counsel, Fox News Media
• Paul Martin, Vice President, State Relations, Reinsurance Association of America
• Alexander Maugeri, Of Counsel, Jones Day
• Lucas Moskowitz, Deputy General Counsel -- Regulatory, Litigation, and Government Affairs, Robinhood
• Jack Mulcaire, General Counsel, Clearwater AI
• Erin E. Murphy, Partner, Clement and Murphy PLLC
• Hon. John B. Nalbandian, Judge, United States Court of Appeals, Sixth Circuit
• Michael Nasi, Partner, Jackson Walker LLP; Senior Advisor, the Life:Powered Project
• James Owens, Deputy General Counsel, Nuro; former Acting Administrator for National Highway Traffic Safety Administration (NHTSA) and former Acting General Counsel for U.S. Dep’t of Transportation
• Brian Rabbitt, Partner, Jones Day
• Mark Rasmussen, Partner, Jones Day
• John Richter, Partner, King & Spalding LLP
• Oramel (O.H.) Skinner, Executive Director, Alliance For Consumers
• Jim Speta, Former Interim Dean, Northwestern Law; Counsel, Eimer Stahl LLP
• Cheryl M. Stanton, Chief Legal and Government Affairs Officer, BrightStar Care
• Joshua Sterling, Partner, Jones Day
• David Thompson, Managing Partner, Cooper & Kirk PLLC
• Hoan Ton-That, CEO, Clearview AI
• Jon Urick, Associate Chief Counsel, US Chamber Litigation Center

• In-Person Event

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Description

Regulatory threats to business are commonly described in terms of rules that impose compliance burdens and costs. Arguably, the federal administrative state does not primarily regulate through rules. Agency investigations of businesses, administrative enforcement, and adjudications that lead to binding orders reflect the primary regulatory activities of the federal administrative state. As the federal courts more readily scrutinize federal rules and the rulemaking process, are regulators even more likely to look at their investigative powers as opportunities for making policy in a way that evades judicial review? Businesses, particularly those whose primary regulatory obligations are federal in nature, prefer regulation via rules because of the clarity and certainty rules provide. When proposed rules may threaten business interests, those companies can get involved in the rulemaking process or petition for new rules. Similar procedures are not available when agencies investigate and bring enforcement actions even though agencies assert that their consent decrees and administrative law orders establish a form of regulatory common law that binds market participants within an industry. In 2019, President Trump sought to address this issue through Executive Order 13,892, “Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication.” That order was rescinded on President Biden's first day in office. How should businesses understand the risks of agency investigations versus rulemaking, what does the future look like in agency policymaking, and how can businesses protect their interest in such an environment?

Featuring:

James Burnham, Partner, Jones Day; Former Deputy Assistant Attorney General, Federal Programs and Consumer Protection Branches, United States Department of Justice

Hon. Paul Clement, Partner, Clement & Murphy PLLC; Former United States Solicitor General

David Morrell, Partner, Jones Day; Former Deputy Assistant Attorney General, Federal Programs Branch, Civil Division, United States Department of Justice

Reed D. Rubinstein, Senior Counselor and Director of Oversight and Investigations, America First Legal Foundation 

Moderator: Kate Todd, Managing Partner, Ellis George Cipollone O'Brien Annaguey LLP

Speakers

James M. Burnham

Paul D. Clement

David M. Morrell

Reed D. Rubinstein

Kate Comerford Todd

• In-Person Event

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https://fedsoc.org/conferences/second-annual-in-house-counsel-network-conference#reception-20
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Description

Sponsored by The U.S. Chamber of Commerce Litigation Center

Featuring:

Hon. Michael Mukasey: Former United States Attorney General

Speakers

Michael B. Mukasey

• In-Person Event