Retail Law Conference
Atlanta, GA

Program

Last Year's Program

Our comprehensive program is designed to give you a full range of retail-specific legal education. This year's education line-up will bring you the latest on retail-specific legal issues such as employment, litigation cases, regulatory developments, workplace safety, taxes, and more!

Your learning journey at the Retail Law Conference is sure to help you stay on top of what's next and what's to come in the world of retail. No matter what type of legal work is on your desk, there is something for you! Please check back often as we pdate our program as we get closer to the event.

  • Wednesday Oct 12, 2022
  • Thursday Oct 13, 2022
  • Friday Oct 14, 2022
9:00 AM – 6:00 PM

Registration & Check-in

Location
Ballroom Foyer
10:00 AM – 12:00 PM

RLC 2022 Annual Meeting of the Members (Invitation-Only)

  • Pre-Conference Meeting
The Retail Litigation Center’s retail and law firm members will convene for their annual meeting to elect directors, learn about the RLC’s latest work, and discuss litigation trends impacting retailers. This is a private meeting for RLC retail and law firm members only.

Location
Thurber
12:00 PM – 1:30 PM

RLC Law Firm Member Lunch (Invitation-Only)

  • Pre-Conference Meeting
The Retail Litigation Center’s law firm members will have an exclusive opportunity to get to know each other over lunch and discuss ways to collaborate to defend the retail industry. This is a private lunch for RLC law firm members only.

Location
Boardroom
12:00 PM – 2:00 PM 2 Concurrent Events

RILA Chief Legal Officer Committee Meeting & Lunch (Invitation-Only)

  • Pre-Conference Meeting
The CLO’s of the nation’s leading retailers will convene over lunch to discuss current issues facing the retail industry’s top lawyers as they navigate a variety of opportunities and challenges with the c-suite, boards of directors and their departments. This is a private lunch and meeting only for RILA's Chief Legal Officer Committee.

Location
Terrace Ballroom AB

RILA Legal Direct Reports Committee Meeting & Lunch (Invitation-Only)

  • Pre-Conference Meeting
The lawyers who report directly to the most senior lawyer in their company share a unique set of issues and face their own challenges. These “L2’s” will convene over lunch to discuss the issues and opportunities that they encounter. This is a private lunch and meeting only for RILA's Legal Direct Reports (or L2) Committee.

Location
Bacon
2:00 PM – 4:00 PM

Speaker Ready Room

Location
Sarnoff
2:30 PM – 2:45 PM

Welcome to the Retail Law Conference!

Location
Lansdowne Ballroom
2:45 PM – 3:30 PM

A View from the Department of Justice

  • General Session
Hampton Dellinger, the Assistant Attorney General overseeing the Office of Legal Policy (OLP), will share his perspective on U.S. Department of Justice priorities including promoting competition, corporate compliance programs and executive liability, and organized retail crime. OLP also plays a central role within the Department of Justice on nominations to the federal judiciary and regulations issued by the executive branch.

Moderator
Deborah White
Senior Executive Vice President & General Counsel
RILA
Speaker
Hampton Dellinger
Assistant Attorney General, Office of Legal Policy
U.S. Department of Justice
Location
Lansdowne Ballroom
3:30 PM – 4:30 PM

Mass Arbitration: The Plaintiffs Bar’s Counter-Offensive

  • General Session
Join a discussion with Georgetown Professor Maria Glover who will share the views on mass arbitration that she explicated in a seminal article recently published in the Stanford Law Review. Professor Glover's work will undoubtedly be cited by the plaintiffs’ bar (and potentially jurists) in support of the burgeoning mass arbitration model. This session provides a unique opportunity to understand the theory directly from the source of this groundbreaking work.

Speakers
Maria Glover
Professor of Law
Georgetown Law
Meredith Slawe
Partner
Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates
Location
Lansdowne Ballroom
4:30 PM – 6:00 PM

Welcome Reception

Join us for an opportunity to mix and mingle with all of the leading lawyers from the retail industry who are attending the Retail Law Conference. Sponsored by McGuireWoods & Skadden Arps

Location
Terrace
Sponsored By
McGuireWoods & Skadden Arps
6:30 PM – 9:00 PM

RILA Chief Legal Officer & Legal Direct Reports Committee Dinner (Invitation Only)

The RILA CLO and L2 Committees will have their annual dinner at the near the hotel. The dinner is co-hosted by RLC Premier Law Firm Members McGuireWoods and Skadden Arps.

Location
Stone Tower Winery
Sponsored By
McGuireWoods & Skadden Arps
7:30 AM – 6:00 PM

Registration & Check-in

Location
Ballroom Foyer
8:00 AM – 8:30 AM

Breakfast

Sponsored by McCarthy Tetrault

Location
Riverside Hearth
Sponsored By
McCarthy Tetrault
8:00 AM – 3:00 PM

Speaker Ready Room

Location
Sarnoff
8:30 AM – 9:30 AM

Positive Employment Strategies to Address Union Organizing Tactics

  • General Session
Unions are adapting their organizing strategies to capitalize on evolving trends, industry vulnerabilities, social media, and employee dissatisfaction to target national companies, including major retailers. Union organizing strategies effectively capitalize on social justice momentum, perceived gaps in the company’s stated values and actual behavior, and an appetite among younger workers to embrace activism and protest for change – all effective ways for unions to make a case that organizing is a preferred and engaging means of changing the post-pandemic workplace. Join us to learn more about this trend and how best to protect your organization using positive employment strategies.

Speakers
Chanell Bracey-Davis
Vice President, Labor Strategy COE Leader & HR Business Partner
Macy's Inc.
Tammy Finley
Executive Vice President, General Counsel & Corporate Secretary
Advance Auto Parts, Inc.
Laura Pierson-Scheinberg
Principal
Jackson Lewis P.C.
Phil Rosen
Principal
Jackson Lewis P.C.
Location
Lansdowne Ballroom
9:30 AM – 10:00 AM

Understanding the Metaverse Continuum: Transformation, Disruption and Emerging Challenges

  • General Session
The metaverse has the potential to transform all aspects of life and business in the next decade, allowing collaboration in virtual spaces, augmented physical places, and everything in between. It will also create new constructs for the exchange of money, objects, and identity. During this session, we will discuss the strategic opportunities and risks presented by the metaverse, and how retail leaders can prepare to navigate this rapidly evolving technology, strategy, and legal landscape.

Speaker
Denise Zheng
Managing Director, Metaverse Continuum Business Group & Global Lead for Responsible Metaverse
Accenture
Location
Lansdowne Ballroom
10:00 AM – 10:15 AM

Networking Break

Sponsored by Luminance LLC

Location
Ballroom Foyer
Sponsored By
Luminance LLC
10:15 AM – 11:15 AM 4 Concurrent Events

A Conversation About Responses to the Surge in Union Organizing and Pro-Union Sentiment

  • Retail Only Roundtable
This retailer-only roundtable discussion provides a safe space to take a deeper dive into the issues discussed in the morning’s plenary session on union organizing. We will provide attendees an opportunity to share experiences and exchange best practices on responses to the current wave of union organizing and more aggressive union demands, including an increased willingness to engage in economic strikes. Are you contemplating a different strategy regarding union organizing and, if so, what are the core principles? How are we, as employers in a time of dramatic change and economic uncertainty, able to address concerns that are front of mind to employees? (Roundtable limited to retailers only.)

Moderators
Kris Meade
Partner
Crowell & Moring LLP
Rae Vann
Director North America Employment Law
Wayfair LLC
Location
Amphitheater

Navigating the Evolving Privacy Landscape: A Privacy Update for Retailers

  • Breakout Session
As retailers increasingly utilize data to help their businesses compete in the evolving retail landscape, the legal standards governing data use and privacy are evolving as well. Combined, these trends present retail counsel with a multi-dimensional challenge. Join this session to dive into FTC rulemakings and enforcement actions, federal legislative proposals, and the growing patchwork of state laws. Learn how to prepare your business to navigate changes ahead and gain key insights into what the evolving privacy landscape means for retailers and their engagement with the data ecosystem.

Speakers
Stuart Ingis
Partner
Venable LLP
Bergitta Trelstad
Vice President, General Counsel
Zulily, LLC
Location
Faulkner

On the Clock: Timekeeping, Misclassification, and Other Wage & Hour Challenges Facing Retailers Now

  • Breakout Session
Retailers face new legislation, court-made law, and agency regulations that complicate the industry's already complex wage and hour landscape. Expert speakers will discuss wage and hour challenges and leading practices to avoid potential exposure, including strategies for timekeeping, mitigating potential off-the-clock work claims, classifying assistant managers, and complying with state-specific wage and hour requirements.

Speakers
Paul DeCamp
Member of the Firm
Epstein Becker Green
Lori Jablczynski
Senior Employment Counsel
Bed Bath & Beyond Inc.
Jeffrey Ruzal
Member of the Firm
Epstein Becker Green
Location
Thurber

The 2030 Project: Time-Traveling into the Future to Prepare for Retailers’ Coming Challenges

  • Breakout Session
What if you had access to a top secret and newly-discovered time portal that allowed you to travel into the future to experience the litigation and regulatory challenges that will face your company in 2030 so you could predict and prepare for them now? This program will share strategies for how to “time-travel” and predict future trends for what the plaintiff’s bar and regulatory authorities will target next. The session will conclude with a choose-your-own-adventure exercise where the audience will decide how to shape the future by determining what actions retailers should take now to mitigate coming risks.

Speakers
Kelly Collier
Vice President, Assistant General Counsel, Business
Dollar General Corporation
Ginnie Bondurant Price
Partner
McGuireWoods LLP
Trent Taylor
Partner
McGuireWoods LLP
Location
Bacon
11:15 AM – 11:30 AM

Networking Break

Sponsored by Luminance LLC

Location
Ballroom Foyer
Sponsored By
Luminance LLC
11:30 AM – 12:30 PM 4 Concurrent Events

A New Era – Change and Convergence in Antitrust and Consumer Protection Law

  • Breakout Session
Retailers operate in a commercial sphere that is uniquely hyper-competitive and consumer-intensive and, therefore, subject to regulation by both the FTC’s Bureau of Competition and Bureau of Consumer Protection. Under the Biden Administration, these two are coordinating at an unprecedented level. Add in the Department of Justice and retailers are faced with new policy agendas, expanded enforcement, and novel litigation theories reshaping antitrust and consumer protection law simultaneously. This session will explore leading practices retailers should consider when navigating these largely uncharted waters.

Speakers
Amy Lally
Partner and Global Co-Leader of Sidley’s Consumer Class Actions Practice
Sidley Austin LLP
Lovesh Puri
Senior Corporate Counsel
West Marine, Inc.
Sean Royall
Attorney
Sidley Austin LLP
Monica Welt
VP, Compliance & Deputy GC
Big Lots Stores, Inc.
Location
Bacon

Defending and Defeating California Wage and Hour Class and PAGA Actions

  • Retail Only Roundtable
This retailer-only roundtable designed for RLAW’s top employment counsel attendees will provide a forum to discuss effective strategies for defending and defeating California wage and hour class and PAGA actions. The group will engage in discussion on critical issues throughout the life-cycle of an action, from pre-litigation through class certification and PAGA manageability motions, trial, and appeal. Additionally, the roundtable will discuss recent decisions and litigation trends, and strategies for mitigating exposure in light of these developments. (Roundtable limited to retailers only.)

Moderators
Adam Klarfeld
Employee Relations Counsel
Target Corporation
Tritia Murata
Partner
Morrison & Foerster LLP
Location
Amphitheater

Human Capital Disclosure Trends and Requirements: Advancing Your DE&I Initiatives While Mitigating Risk

  • Breakout Session
Various stakeholders, including the SEC, are expected to continue to demand greater transparency when it comes to DE&I—a large part of the “Social” component of ESG. But how do you advance DE&I goals and commitments without risking claims under existing employment laws? Join this session to engage in an interactive discussion on human capital disclosure trends and requirements, and how retailers can use a business and legal lens to assess and minimize risks while advancing DE&I goals.

Speakers
David Baron
Partner
Hogan Lovells US LLP
Lance LaVergne
Chief Diversity Officer & SVP, Global Talent Acquisition
PVH Corp.
Tiffany Posil
Partner
Hogan Lovells US LLP
Location
Thurber

NFTs and the Metaverse

  • Breakout Session
The Metaverse will undoubtedly be a “many-splendored thing” once it is fully manifest, but retail’s legal leadership needs to figure out how to deal with it now. One of the Metaverse’s many new functionalities is non-fungible tokens or NFT’s. Learn from outside counsel and in-house experts how to navigate the legal parameters surrounding the Metaverse and NFT’s.

Speakers
Mana Ghaemmaghami
Associate, Intellectual Property and Technology
Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates
Stuart Levi
Partner
Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates
Allison Lucas
Vice President & Deputy General Counsel
Gap Inc.
Location
Faulkner
12:30 PM – 2:00 PM

Luncheon

Sponsored by Blank Rome

Location
Riverside Hearth
Sponsored By
Blank Rome
2:00 PM – 3:00 PM 4 Concurrent Events

Getting the Right Fit: Learning from Retailers’ Biometric Privacy Experience

  • Breakout Session
In recent years, retail businesses have increasingly sought to provide customers with options to participate with the brand’s merchandise and services in virtual environments. While appealing to consumers, dozens of cases have been filed contending that apparel retail businesses violated biometric privacy laws in providing virtual try-on or other similar services. During this session we will discuss key biometric privacy principles that can help mitigate risk, including real life examples.

Speakers
Christine Brandt
Senior Counsel
Macy's Inc.
Maria Makowiecki
Vice President, Assistant General Counsel
Ulta Beauty, Inc.
Ryan Spear
Partner
Perkins Coie LLP
Location
Bacon

Managing and Growing Your Own Brands and Keeping Up with Your Marketing Team

  • Breakout Session
Private label products are a retailer’s unique signature and reflect the company’s commitment to its consumers. The legal team plays a big role in getting things “right” with private label suppliers. Join this session with the General Counsel of a retailer known for its iconic private label products to better understand not just how to get the right commitments from suppliers, but also how to successfully integrate private label products into company-wide initiatives.

Speakers
Stephen Van Arsdale
Senior Vice President, General Counsel & Secretary
Wegmans Food Markets, Inc.
Suzanne Trigg
Partner
Haynes and Boone, LLP
Location
Faulkner

Mass Arbitration Roundtable

  • Retail Only Roundtable
To complement the conference’s opening general session with Professor Glover, this retailer-only roundtable provides a unique opportunity for retail inhouse counsel to gather with an expert to discuss practices for deterring mass arbitration attacks in the first place and strategies for what to do if you are caught in a mass arbitration campaign. (Roundtable limited to retailers only.)

Moderators
Katherine Graf
Director Counsel
Target Corporation
Meredith Slawe
Partner
Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates
Location
Amphitheater

The Expanding Threat of Public Nuisance Law

  • Breakout Session
The retail industry has been a primary target of significant public nuisance litigation – climate change, opioids, tobacco, lead paint, guns, trans fats, etc. – and the trend is increasing rapidly. Attendees will learn the traditional principles of public nuisance law; the risk of how this unpredictable source of liability may impact their companies; historic and current efforts to expand the cause of action; and the future of this cause of action and possible ways to contain it.

Speakers
Mary Garceau
Senior Vice President, General Counsel & Secretary
The Sherwin-Williams Company
Roger Gibboni
Associate
Hunton Andrews Kurth
Elbert Lin
Partner
Hunton Andrews Kurth
Location
Thurber
3:00 PM – 3:15 PM

Networking Break

Location
Ballroom Foyer
3:15 PM – 4:15 PM 4 Concurrent Events

AI in HR: Is Artificial Intelligence the Cure to Hiring Woes?

  • Breakout Session
With labor shortages at an all-time high, employers are using artificial intelligence to help find the best candidates. However, the technology presents novel legal issues that intersect with a patchwork of state and local regulations. In this session, we will start with a basic primer on algorithms and artificial intelligence and highlight the ways these technologies are being marketed to your HR teams and used by employers. Then we will cover the legal risks in using artificial intelligence for hiring purposes and steps for mitigating them.

Speakers
Terran Chambers
Associate
Faegre Drinker Biddle & Reath LLP
Gerald Hathaway
Partner
Faegre Drinker Biddle & Reath LLP
Paul Sciubba
Director, Legal
AutoZone, Inc.
Location
Amphitheater

Emerging Environmental Regulatory and Litigation Risks for Finished Products

  • Breakout Session
Retailers sell a broad range of products that incorporate chemicals that may even be the “secret weapon” for a product’s stellar performance. These include chemicals, such as PFAS; 1,4-Dioxane; and Formaldehyde, which are all being scrutinized by regulators, and their presence in finished products may result in litigation. During this session, we will discuss legal risks associated with certain constituents in retail products, the regulatory review process, and the litigation risk associated with regulatory standards. Then we will pivot to discuss the steps inhouse counsel can take to help mitigate these risks.

Speakers
Jonathan Brightbill
Partner
Winston & Strawn LLP
Eleni Kouimelis
Partner
Winston & Strawn LLP
Ross Nova
Head of Global Compliance
L.L. Bean, Inc.
Location
Bacon

It’s Not Easy Selling Green

  • Breakout Session
As green marketing grows, so does the risk of greenwashing allegations from consumer class actions, state and federal regulators, competitors, and investors. With new legislation constantly changing the compliance landscape, retailers are left to navigate a maze of vague rules and regulations that don’t necessarily align with the FTC’s Green Guides and that do provide ample opportunities for plaintiffs’ attorneys. Hear from an experienced panel on the mechanics of these regulations as well as the impact of California’s Greenwashing Task Force followed by a look to the horizon on potential issues in 2023.

Speakers
Meegan Brooks
Associate
Steptoe & Johnson LLP
Michael Mahoney
Chief Legal & Compliance Officer
L.L. Bean, Inc.
Stephanie Sheridan
Partner
Steptoe & Johnson LLP
Location
Faulkner

Taking the Prize: Keeping Your Promotions on the Right Side of the Law

  • Breakout Session
Retailers use prize promotions—such as sweepstakes, skill contests, and giveaways—to drive consumer engagement. Current promotions are breaking new legal ground as savvy marketers develop innovative campaigns, leverage new media, and target new audiences. This session will demonstrate a practical approach to the legal issues raised by developing and running both online and offline prize promotions including: • The laws governing contests and sweepstakes; • Leading practices for running promotions in social media and the metaverse; • Use of influencers to promote your giveaway; • Regulatory issues and enforcement actions; and • What to do when your promotion goes wrong.

Speakers
Lydia Cheuk
General Counsel
Away
Aaron Hendelman
Partner
Wilson Sonsini Goodrich & Rosati
Location
Thurber
4:15 PM – 4:30 PM

Networking Break

Location
Ballroom Foyer
4:30 PM – 5:30 PM

SCOTUS OT 2022: The Dynamics and Decisions of the Supreme Court

  • General Session
The Retail Law Conference opens just days after the “First Monday in October,” which is the day on which the Supreme Court’s OT2022 will begin. The composition, center of gravity, and culture of the Court are changing at an extraordinary rate. An unparalleled panel of esteemed members of the Supreme Court bar will dive into what’s happening at the Court and what to expect in the coming Term.

Moderator
Amy Howe
Co-Founder
SCOTUSblog
Speakers
Ginger Anders
Partner
Munger, Tolles & Olson LLP
Beth Brinkmann
Partner
Covington & Burling LLP
Melissa Arbus Sherry
Partner
Latham & Watkins LLP
Location
Lansdowne Ballroom
5:30 PM – 7:00 PM

Reception

Location
Terrace Ballroom
7:30 AM – 12:30 PM

Registration & Check-in

Location
Ballroom Foyer
8:00 AM – 8:30 AM

Breakfast

Sponsored by McCarthy Tetrault

Location
Riverside Hearth
Sponsored By
McCarthy Tetrault
8:30 AM – 9:45 AM

CLO Panel: The Future of Retail Law

  • General Session
Join leading retail Chief Legal Officers for a unique conversation that will dive into the most pressing issues facing retail legal teams in a changing retail landscape, including modern legal leadership, the evolving role of CLOs and in-house counsel, and major opportunities and challenges ahead.

Moderator
Deborah White
Senior Executive Vice President & General Counsel
RILA
Speakers
Lacey Bundy
Chief Legal Officer
PetSmart, Inc.
Sheilagh Clarke
Executive Vice President, General Counsel & Secretary
Foot Locker, Inc.
Stacy Siegal
Chief Legal Officer
J.Crew Group, Inc.
Rhonda Taylor
Executive Vice President & General Counsel
Dollar General Corporation
Location
Lansdowne Ballroom
9:45 AM – 10:00 AM

Networking Break

Location
Ballroom Foyer
10:00 AM – 11:00 AM 4 Concurrent Events

ESG: Not Just a Responsibility, It’s a Mindset

  • Breakout Session
Leading corporations nationwide are developing ESG programs, which present legal risks along with their noble goals. This practical session will discuss how legal teams can utilize ESG audits to advance corporate objectives. Participants will learn how to identify and address key touchpoints from ESG Frameworks that achieve both legal and regulatory ESG commitments and requirements along with broader corporate objectives.

Speakers
Todd Hartman
Chief Risk Officer, General Counsel
Best Buy Co., Inc.
Jack White
Partner
McGuireWoods LLP
Location
Faulkner

How to Be a Global Company in a World of Inconsistent Legal Restrictions

  • Breakout Session
Growing retailers have connections to every corner of the globe – even if they don’t have physical stores in many countries, their supply chains and websites may reach around the world. Legal counsel are left to navigate a mix of requirements from different countries, regulators, and private bodies. Discuss leading practices on how to develop and execute a program that will enable your company to stay ahead of the global compliance curve.

Speakers
Rachel Hudson
Partner
Sheppard, Mullin, Richter & Hampton LLP
Justina Martynaityte
Deputy General Counsel and Head of Legal
Lidl US, LLC
Alyssa Sones
Associate
Sheppard, Mullin, Richter & Hampton LLP
Location
Thurber

Post-Dobbs Fall Out

  • Breakout Session
The Supreme Court’s decision in Dobbs presents an array of legal issues for retail counsel to consider in a constantly changing landscape. In this panel, we’ll discuss how various states have responded to Dobbs and provide an overview of currently-pending legal challenges to those responses. We’ll also discuss how employers have responded to the Dobbs decision, and possible liability concerns arising from those responses, including aiding/abetting liability, data privacy implications, and potential discrimination claims. Join this panel to discuss one of the latest and evolving issues that retailers are addressing.

Speakers
Erin Borg
Vice President, Assistant General Counsel – General Litigation & Employment
The Neiman Marcus Group
Theane Evangelis
Partner
Gibson, Dunn & Crutcher LLP
Molly Senger
Partner
Gibson, Dunn & Crutcher LLP
Location
Amphitheater

The Most Pressing Advertising Legal Issues Facing In-House Retail Lawyers Today

  • Breakout Session
Retail marketing teams are known for their extraordinary creativity. But that very asset can also present risks. This session will highlight the latest legal speedbumps in advertising and practical tips to head them off at the pass.

Speakers
Hayley Lattman
Legal Managing Director
Peloton Interactive, Inc.
Hannah Taylor
Partner and Co-Chair of the Advertising Group
Frankfurt Kurnit Klein & Selz PC
Location
Bacon
11:00 AM – 11:15 AM

Networking Break

Location
Ballroom Foyer
11:15 AM – 12:15 PM

Legal Ethics: Conflicts & Confidentiality

  • General Session
Retail counsel and their outside firm partners must be comfortable applying the rules of legal ethics, especially in the areas of conflicts and confidentiality, which can arise in a variety of situations. This one-hour session will examine key developments in the law of conflict and confidentiality the prism of corporate counsel working with subsidiaries and boards, as well as the their relationship with outside counsel. McGuireWoods’ Tom Spahn – who has a marvelous ability to make even the driest of subjects interesting and, dare we say it, fun – will cover these topics.

Speaker
Tom Spahn
Partner
McGuireWoods LLP
Location
Lansdowne Ballroom
12:15 PM – 12:30 PM

Conference Close

Location
Lansdowne Ballroom

Attend the can’t miss event for your retail law team!