Third Annual In-House Counsel Network Conference

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Description

Sponsored by the U.S. Chamber Litigation Center

The October 2023 term at the U.S. Supreme Court may bring fundamental changes to administrative law, and by extension the way the federal government works, as the Court’s decisions in recent years demonstrate its increasing skepticism of government power. The case with the potential broadest implications is Loper Bright Enterprises v. Raimondo in which the Court is considering whether to overrule Chevron. The Court is also reviewing the constitutionality of both the Consumer Financial Protection Bureau’s funding structure in CFPB v. Community Financial Services Association of America and the Securities and Exchange Commission’s in-house adjudicative proceedings in SEC v. Jarkesy. These cases follow the rise of the major questions doctrine (West Virginia v. EPA (2022)), the reinvigoration of the nondelegation doctrine (Gundy v. United States (2019)), and new procedural avenues for pre-enforcement challenges to agencies’ proceedings (Axon Enterprise, Inc. v. FTC (2023)). The appellate courts have similarly relied on this trend to restrain the administrative state, including constitutional challenges to the structure of self-regulatory organizations that wield enforcement powers under the Appointments and Non-delegation clauses (Alpine Sec. vs. Financial Industry Regulatory Authority (D.C. Cir. 2023)). New limits on agency power, coupled with novel procedural avenues for questioning agency proceedings, create fresh opportunities for businesses to challenge unfavorable regulations. At the same time, however, an increasing willingness to curtail agency authority might destabilize long-standing rules that businesses rely upon. Practically speaking, how should in-house counsel think about this transformation of administrative law? What challenges and opportunities lie ahead for businesses?

Featuring:

Shawn Fagan, Chief Legal Officer, Citadel
Hon. Donald F. McGahn II, Partner Jones Day
Hon. Jeffrey Rosen, Of Counsel, Litigation, Cravath, Swaine & Moore LLP
Cheryl Stanton, Chief Legal and Government Affairs Officer, BrightStar Care
Moderator: Stephanie Maloney, Chief of Staff and Associate Chief Counsel, U.S. Chamber Litigation Center

Speakers

Shawn F. Fagan

Stephanie Ann Maloney

Donald F. McGahn

Jeffrey A. Rosen

Cheryl M. Stanton

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Description

Breakout panels will include:

The Increasing Convergence of Antitrust and Consumer Protection Law: Trends in Enforcement and Litigation
Sponsored by King & Spalding LLP

Bryson Bachman, Associate General Counsel, Litigation and Regulatory, Amazon
James Lloyd, Deputy Attorney General for Civil Litigation, Texas Attorney General's Office
Robert Bruce Wark, Senior Vice President and Deputy General Counsel, American Airlines
Moderator: Sean Royall, Partner, King & Spalding LLP

Beating the (Financial) Regulators in Court
Sponsored by the U.S. Chamber Litigation Center

Tyler Badgley, Senior Counsel, U.S. Chamber Litigation Center
Sarah Harris, Partner, Williams & Connolly LLP
Bill Hughes, Senior Counsel & Director of Global Regulatory Matters, Consensys
Jeff Wall, Partner, Sullivan & Cromwell

Best Business and Legal Practices for (Mass) Arbitrations
Sponsored Eimer Stahl LLP

Daniel Birk, Partner, Eimer Stahl LLP
Michael Glackin, Assistant General Counsel, Global Litigation and Europe, Middle East, India, and Africa, The Dow Chemical Company
Alec Solotorovsky, Partner, Eimer Stahl LLP
Matt Turetzky, Director, Associate General Counsel, Litigation, Coinbase
Collin Vierra, Partner, Eimer Stahl LLP
Moderator: Nathan Eimer, Partner, Eimer Stahl LLP

A Case Study in Successfully Fighting Back Against FTC Overreach
Sponsored by Foley & Lardner LLP

Deborah K. Heisz, Co-CEO, Neora
Edward D. (“Ed”) Burbach, Partner, Foley & Lardner LLP
Moderator: John Sepehri, Of Counsel, Foley & Lardner LLP

ESG, Shareholder Proposals, and Corporate Free Speech Rights
Sponsored by Lehotsky Keller Cohn LLP

Scott Keller, Partner, Lehotsky Keller Cohn LLP
Linda Kelly, Chief Legal Officer & Corporate Secretary, National Association of Manufacturers
Steve Lehotsky, Founding Partner, Lehotsky Keller Cohn LLP
Ryan Meyers, Senior Vice President & General Counsel, American Petroleum Institute

Joint Corporate and Individual Representations: Ethical Considerations for In-House and Outside Counsel
Sponsored by McguireWoods LLP

Michael Elliot, Partner, McGuireWoods LLP
Michael Ellis, General Counsel, Rumble
John Moran, Partner, McGuireWoods LLP
Dan Mauler, General Counsel, The Heritage Foundation

Mass Consolidation and Mass Consequences in MDLs
Sponsored by Johnson & Johnson

Jessica Brennan, Partner, Barnes & Thornburg LLP
Molly Jones, Sr. Assistant General Counsel, Litigation, Bayer
Moderator: Chanel Rowe, Senior Counsel, Global Legal Organization, Johnson & Johnson

Firing and Free Speech: What Can Employers Do About Employees’ Off-Duty Expression?
Sponsored by Schaerr Jaffe LLP

Chris Bartolomucci, Partner, Schaerr Jaffe LLP
Donald Falk, Partner, Schaerr Jaffe LLP
Adam Mehes, Senior Director, Legal, and Global Head of Litigation, X
Edward Trent, Partner, Schaerr Jaffe LLP
Moderator: Gene Schaerr, Partner, Schaerr Jaffe LLP

 The Pivotal Role of GCs as Companies Navigate the Challenges & Opportunities of AI
Sponsored by Guidepost Solutions

Nicholas Trutanich, Executive Vice President of Litigation and Chief Ethics & Compliance Officer, Fox Corporation
Julie Myers Wood, CEO, Guidepost Solutions

The Current State of Financial Services Enforcement: Trends and Takeaways from Recent Cases and Initiatives by the DOJ, SEC and other U.S. Enforcement Agencies
Sponsored by Jones Day

Erica Crosland, Associate General Counsel, Regulatory Enforcement and Investigations, Robinhood Markets, Inc.
David Peavler, Partner, Jones Day
Jim Pike,  Senior Vice President, Law, Fluor Corp.
Evan Singer, Partner, Jones Day
Moderator: Brian C. Rabbitt, Partner, Jones Day

Hot Topics In Cyberlaw For In-House Counsel
Sponsored by DeMarco Law, PLLC

Joseph DeMarco, Partner, DeMarco Law, PLLC
Kennen Hagen, President & CEO, FedArb
Rick Sharma, Chief Legal Advisor, Bridgewater Associates

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Sponsored by Lehotsky Keller Cohn LLP

The U.S. Supreme Court’s decisions in the Students for Fair Admissions, Inc. v. University of North Carolina and Students for Fair Admissions, Inc. v. President & Fellows of Harvard University held that race-based admissions policies at public higher education institutions are unlawful. Do these rulings have significant implications for workplace and employment DEI practices? How far does the reasoning in SFFA apply to the business world under applicable federal civil rights laws, state fair employment practices laws, and stakeholder expectations? What is illegal, and what remains legal? If, as a legal matter, race-based employment practices are out, what is to become of the DEI infrastructure found in so many companies? How should corporate general counsels navigate this new landscape?

Featuring:

Hon. Janet Dhillon, Former Chair and Commissioner, U.S. Equal Employment Opportunity Commission
Allyson Ho, Partner, Gibson, Dunn & Crutcher LLP
Dan Morenoff, Executive Director, American Civil Rights Project
Hon. Jonathan Skrmetti, Attorney General, Tennessee
Moderator: Alexandra Gaiser, General Counsel, Strive Asset Management

Speakers

Janet Dhillon

Alexandra Gaiser

Allyson Newton Ho

Dan Morenoff

Jonathan Skrmetti

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Sponsored by Eimer Stahl LLP

Featuring:

Viet Dinh, Former Chief Legal and Policy Officer, Fox Corporation

Speakers

Viet Dinh

• In-Person Event