Full Education Agenda

Learn about all the topics covered at #RILALAW

Keep your skill set competitive and fresh with content presented by some of the most innovative, inspiring, and creative legal minds in the industry with a variety of session formats.

New this year! "Ask a GC" sessions: Featuring one of the retail industry's top general counsel in a small group discussion with in-house counsel attendees.
Keynotes & General Sessions: Industry leaders who will inspire change by sharing unique their experiences, knowledge, and ideas.
CLE Sessions: A blend of lecture-based instruction, case studies, and peer learning on the latest topics affecting the retail industry.
Retailer Roundtables: Moderated discussions with peer in-house counsel sharing best practices, benchmarking information, and an open-forum to discuss your pressing issues.

All times listed in Eastern Time (ET).

Agenda

Tuesday Oct 20, 2020
Wednesday Oct 21, 2020
Thursday Oct 22, 2020

12:00 PM – 12:15 PM

Opening Remarks

Welcome to the Retail Law Conference! Rhonda Taylor, Executive Vice President & General Counsel of Dollar General Corporation, as well as Chair of the Retail Litigation Center Board of Directors, and Deborah White, RILA’s General Counsel and the RLC’s President will welcome attendees to the reimagined Retail Law Conference.

Speakers: Rhonda Taylor
Executive Vice President & General Counsel

Dollar General Corporation; Deborah White
Senior Executive Vice President & General Counsel

RILA

12:15 PM – 1:15 PM

Life & Leadership in the Time of COVID

General Session

What was originally a crisis became a “moment” that is defining history, our lives, and our industry. With new facts and legal curveballs each day, it is like taking exams as a 1-L with never-ending and changing hypotheticals. During this time, we have observed extraordinary leadership and resilience, seen acts of humanity that renew the spirit, and watched retailers come together to elevate the industry.

Explore what legal leadership in the time of COVID-19 has encompassed and discover new lessons on moving your company and team forward. Expert General Counsel will present a humanized perspective on managing in-house legal departments under the heavy weight and workload of COVID-era complications. They will address the challenges they have faced and how they navigated them, their collaboration with and responsiveness to the needs of the C-suite, and the direction they will take in the future. Perhaps most importantly, they will address how teams have come together to lift each other up and to take care of one another during a time when teamwork is paramount.

Moderator: Meredith Slawe
Co-Chair, Class Actions Practice Group; Co-Chair, Retail Industry Group

Cozen O'Connor

Speakers: Lacey Bundy
Senior Vice President, General Counsel & Corporate Secretary

PetSmart, Inc.; Jodi Caro
General Counsel, Chief Compliance Officer & Corporate Secretary

Ulta Beauty, Inc.; Rankin Gasaway
Senior Vice President, General Counsel & Secretary

7-Eleven, Inc.; Teresa Wynn Roseborough
Executive Vice President, General Counsel & Corporate Secretary

The Home Depot, Inc.

1:30 PM – 2:20 PM 4 Concurrent Events

Ask a GC: Teresa Wynn Roseborough, The Home Depot

Conversation

The retail industry’s legal departments are led by general counsel who are as varied in their journeys as they are smart at what they do. RLAW’s “Ask a GC” sessions are unique opportunities for a small group of in-house counsel (limited to 15) to ask questions of and to get to know one of the retail industry’s leading GCs. Each GC will be asked to weigh in on a common set of a few questions on things like their journey to becoming a GC, what they look for in rising stars, and how they’ve navigated difficult issues. Then attendees will get to ask their own questions in this special “open door” session.

Moderator: Purvi Patel
Partner

Morrison & Foerster LLP

Speaker: Teresa Wynn Roseborough
Executive Vice President, General Counsel & Corporate Secretary

The Home Depot, Inc.

Guns & Weapons in the Retail Workplace

Breakout Session

Workplace violence by customers and employees involving weapons continues to be a hot topic that impacts retailers causing human, social and economic losses.

During this session, you will:
• Learn how to balance individual rights to carry firearms against the rights of retail business and property owners to restrict or allow weapons on their premises;
• Discuss how public opinion with respect to gun rights, laws, and prohibitions affects public relations for retail establishments; and
• Receive an update on the legal limitations and signage requirements related to weapons in public spaces and parking lots.

Panelists will also discuss best practices (e.g., risk assessment and policy and procedure development, emergency planning, and employee trainings) companies can use to proactively address workplace violence. You will explore case studies and examples of compliant policies and trainings, and hypotheticals.

Speakers: Carin Burford
Shareholder

Ogletree, Deakins, Nash, Smoak & Stewart; Christina Hackler
Vice President, Asset Protection

Signet Jewelers

Retail Roundtable: Being in the "Foxhole" with the C-Suite

Conversation

Corporate crises are unquestionably stressful, but they are also unique opportunities for retail general and corporate counsel to demonstrate value and get to know their c-suite peers in an important way. Discuss ways to make the best of a difficult situation – for your company and professionally.

Retail Roundtables are your chance to explore this challenging issue with your colleagues across the retail industry. Roundtables will be conducted under the Chatham House Rule, co-moderated by leading corporate and outside counsel (see below), and limited to 15 in-house counsel to facilitate a meaningful conversation on this important topic.

Moderators: Tim Cheatham
EVP, General Counsel, Corporate Secretary and Chief Compliance Officer

The Michaels Companies, Inc.; Lillian Hardy
Partner

Hogan Lovells US LLP

The Changing Composition of the 9th Circuit

Breakout Session

Gain insights into the robust history of the U.S. Court of Appeals for the Ninth Circuit. We will discuss how the 10 judges confirmed during the current presidency may be characterized as conservative and whether this dramatic change in the Court’s composition may affect the Court’s resolution of constitutional and business issues.

You will gain insights into:
• New factors in the Court’s predisposition to class actions, including its willingness to accept Rule 23(f) review of orders granting class certification;
• Potential changes in the Court’s approach to California wage-and-hour issues—including the Court’s current trend of certifying issues to the California Supreme Court; and
• Increased scrutiny of state laws targeting business in areas such as commercial speech, preemption, and religious freedom.

Speakers: David Carpenter
Partner

Sidley Austin LLP; Arthur Hellman
Professor of Law Emeritus, School of Law

University of Pittsburgh; Amy Lally
Partner

Sidley Austin LLP

2:30 PM – 3:20 PM 4 Concurrent Events

Aggressively* Defending Class (& Other Mass) Actions Against Retailers in 2020

Breakout Session

There has been an increase in class action activity during the COVID-19 pandemic. The latest class actions implicate privacy, advertising/marketing/pricing practices, product labeling, customer communications, and ADA issues. The plaintiffs’ class actions bar is coordinated, creative, and keenly focused on the retail industry. This session will cover how retailers can combat these suits using effective strategies for a successful outcome.

Presenters will discuss strategies to:
• Proactively deter threatened litigation;
• Effectively deal with pre-suit demand letters;
• Aggressively defend against class actions; and
• Thoughtfully address settlements and agreements without inviting copycat claims.

Speakers: Michelle Krall
Senior Vice President, General Counsel & Corporate Secretary

Designer Brands Inc.; Mike McTigue
Co-Chair, Class Actions Practice Group

Cozen O'Connor; Meredith Slawe
Co-Chair, Class Actions Practice Group; Co-Chair, Retail Industry Group

Cozen O'Connor

Ask a GC: Ben Parrish, Tractor Supply

Conversation

Moderator: Laura McNally
Partner; Co-Chair, Retail and Consumer Brands

Loeb & Loeb LLP

Speaker: Ben Parrish
Executive Vice President, General Counsel & Corporate Secretary

Tractor Supply Company

Cannabis Conundrums

Breakout Session

Thirty-three states and the District of Columbia now allow recreational and/or medical marijuana, and that number is likely to increase. Hemp production has been legalized nationwide and CBD oil products are everywhere, yet marijuana use and possession remain illegal under federal law. This dichotomy between what state law permits and what federal law prohibits means retailers’ workplace policies must consider increased litigation risks and a growing number of potential plaintiffs. Navigate through the haze of marijuana legalization and the myriad issues retailers face when asked to accommodate marijuana using applicants and employees—including non-discrimination, reasonable accommodation, off-duty use, and drug testing.

Speakers: David Campbell
Director, Litigation

Big Lots Stores, Inc.; Mark Knueve
Partner

Vorys, Sater, Seymour and Pease LLP

Retail Roundtable: “Care & Feeding” of Remote Teams

Conversation

Remote work was a relatively ‘niche’ concept until COVID hit; now, lots of corporate legal departments are ‘working from home’ or other locations outside of the office and legal leaders are looking for new ideas for how to care for their teams remotely. What ideas can you share?

Retail Roundtables are your chance to explore this challenging issue with your colleagues across the retail industry. Roundtables will be conducted under the Chatham House Rule, co-moderated by leading corporate and outside counsel (see below), and limited to 15 in-house counsel to facilitate a meaningful conversation on this important topic.

Moderators: Ann Bevitt
Partner

Cooley LLP; Laura Meagher
Vice President, General Counsel & Secretary

VF Corporation

3:30 PM – 4:20 PM 4 Concurrent Events

Ask a GC: Mike Eckhardt, Wawa

Conversation

Moderator: Mira Baylson
Partner

Cozen O'Connor

Speaker: Mike Eckhardt
Vice President, Chief Risk Officer, General Counsel & Secretary

Wawa, Inc.

Combating Counterfeits

Breakout Session

Learn about protecting your company’s brands and combating counterfeits through enforcement actions. Hear from a panel of experts as they discuss cease and desist letters, litigation in district courts and before the U.S. International Trade Commission, Customs and Border Protection enforcement, and working with online marketplace platforms such as Amazon and eBay. We will also discuss risks related to counterfeiting—including loss of revenue, servicing customer requests from faulty counterfeits, and damage to reputation, and recommend best practices to protect brands against counterfeiting.

Speakers: Roy Diaz
Associate Vice President & Patent Attorney

L'Oreal USA, Inc.; Shannon King
Director & Associate General Counsel, Intellectual Property

Williams-Sonoma, Inc.; Lisa Martens
Partner

Sheppard, Mullin, Richter & Hampton LLP; Robert Masters
Partner

Sheppard, Mullin, Richter & Hampton LLP

Retail Lease Strategies Amid COVID-19

Breakout Session

As the COVID-19 pandemic continues to linger, a growing number of retailers are facing lease-related issues concerning their brick and mortar stores operations and their rights and obligations under their leases. While some landlord disputes have been resolved and several are in active litigation, many others remain unresolved with litigation not yet filed. During this presentation, we will discuss key lease provisions including force majeure clauses, abatement and termination rights, co-tenancy clauses, and casualty provisions, among others. We will also provide an update on the latest court decisions, litigation strategies and legislative developments with an eye towards possible approaches you can consider.

You will leave with:
• An understanding of how the language of retail leases can provide tenants with options regarding payment and operation obligations while COVID-19 is impacting stores;
• Examples of what actions retail tenants have taken and should consider taking; and
• Awareness of COVID-related laws and the current litigation landscape.

Speakers: Randy Brodwin
Vice President, Associate General Counsel

Foot Locker, Inc.; Greg Call
Partner

Crowell & Moring LLP; Allyson McKinstry
Counsel

Crowell & Moring LLP; Tracy Reichmuth
Counsel

Crowell & Moring LLP

Retail Roundtable: COVID Response Planning

Conversation

Crisis planning for a unique event is nothing new, but COVID required concentrated, constantly evolving response planning to an unprecedented event that affected the entire industry as well as every individual employee at the same time. Share what you have learned from the experience and learn what others are building for their companies.

Retail Roundtables are your chance to explore this challenging issue with your colleagues across the retail industry. Roundtables will be conducted under the Chatham House Rule, co-moderated by leading corporate and outside counsel (see below), and limited to 15 in-house counsel to facilitate a meaningful conversation on this important topic.

Moderators: Brittany Adams
Senior Employment Attorney

Dollar General Corporation; Kevin White
Partner

Hunton Andrews Kurth

4:30 PM – 5:30 PM

SCOTUS Term 2020

General Session

Three expert appellate litigators will lead a lively and informative discussion about the Court’s key decisions from the last term and what we can expect in the upcoming term.

Moderator: Amy Howe
Co-Founder

SCOTUSblog

Speakers: Eric Citron
Partner

Goldstein & Russell, P.C.; Thomas Goldstein
Partner & SCOTUSblog Publisher

Goldstein & Russell, P.C.; Sarah Harrington
Partner

Goldstein & Russell, P.C.

12:00 PM – 12:15 PM

Opening Day 2

Speaker: Brian Dodge
President

RILA

12:15 PM – 1:15 PM

Diversity & the Legal Profession

General Session

Join us for this unique opportunity to hear from three key leaders in the legal profession on diversity issues they have faced and initiatives that they are using to enhance diversity in their programs. Two top retail general counsel, as well as the chair of an AmLaw50 law firm, will provide their perspectives on and experience with raising the bar for inclusion and representation in their practices. Featuring both corporate and law firm perspectives, attendees will be able to compare approaches and learn new ideas for ensuring diverse talent pools and working together across the legal profession to grow diversity.

Moderator: Sabrina Beldner
Department Chair, Labor & Employment

McGuireWoods LLP

Speakers: Julie Gruber
EVP, Chief Legal and Compliance and Sustainability Officer, Corporate Secretary

Gap Inc.; Jonathan P. Harmon
Chairman

McGuireWoods LLP; Don Liu
Executive Vice President and Chief Legal & Risk Officer

Target Corporation

1:30 PM – 2:20 PM 4 Concurrent Events

Ask a GC: Bill McCanless, Lowe's

Conversation

Moderator: Selena Linde
Partner

Perkins Coie LLP

Speaker: Bill McCanless
Executive Vice President, General Counsel & Corporate Secretary

Lowe's Companies, Inc.

California Employment Litigation Trends

Breakout Session

California employers are being hit with an unprecedented volume of costly lawsuits related to the state’s complex, evolving employment regulations. Learn how to navigate California’s litigation landscape to manage and defeat frivolous employment claims. Panelists will discuss recent California cases, such as Amanda Frlekin and Dean Pelle v. Apple Inc, involving security checks as compensable time; Kim v. Reins and its impact on settling PAGA claims; and new developments like the Dynamex decision and compliance with the ABC Test for classifying independent contractors. Plus, you will learn about the status of California’s AB5 and how it affects retailers and compliance strategies for limiting potential litigation. This is one loaded session you will not want to miss.

Speakers: Karen Austin
Vice President Legal & Licensing

Tractor Supply Company; Julie Trotter
Managing Shareholder

Call & Jensen, APC

Minimizing Securities Litigation Risk

Breakout Session

We will address techniques and tips for minimizing securities litigation risk. This panel will discuss practical issues with a focus on operations challenges that drive event-driven litigation, as well as how forecasting and guidance practices can become center stage in securities class actions.

Speakers: Mark Foster
Partner

Morrison & Foerster LLP; Dawn Rausch
Senior Corporate Counsel

Best Buy Co., Inc.

Retail Roundtable: Strategies for Mitigating Bias and Enhancing Diversity in Legal

Conversation

Mitigating bias and enhancing diversity in the legal profession have long been goals of many corporate legal departments and their outside counsel partners; but true change has been difficult to achieve. Build off of the day’s opening keynote and discuss what you learned from the session and the ideas that you have in a small group of your peers.

Retail Roundtables are your chance to explore this challenging issue with your colleagues across the retail industry. Roundtables will be conducted under the Chatham House Rule, co-moderated by leading corporate and outside counsel (see below), and limited to 15 in-house counsel to facilitate a meaningful conversation on this important topic.

Moderators: Samantha Grant
Partner

Sheppard, Mullin, Richter & Hampton LLP; Beth Henke
Deputy General Counsel & Chief Compliance Officer

American Eagle Outfitters, Inc.

2:30 PM – 3:20 PM 4 Concurrent Events

“Californication:” The States Vying to Be the Next California

Breakout Session

California may soon lose its standing as the least employer-friendly jurisdiction in the country. Several states, including Washington, Colorado, and New York, which have been running close seconds to California’s highly regulated environment, have pending legislation to enact their own PAGA-like laws to blunt the strength of class action waivers in arbitration agreements. And PAGA is not the only California employment law export. California has had an unmistakable influence on Colorado’s new rules regulating employee wage payments as well. It has never been more important to keep track of employment legislation introduced and pending in states outside of California, which are primed to bring their statutory schemes on par with California. Learn more about what is to come and how to prepare so you can take swift action and revise employment policies, procedures, and handbooks.

Speakers: Joel Allen
Partner

McGuireWoods LLP; Matthew Kane
Partner

McGuireWoods LLP

Ask a GC: Sheilagh Clarke, Foot Locker

Conversation

Moderator: Cheryl Falvey
Partner

Crowell & Moring LLP

Speaker: Sheilagh Clarke
Senior Vice President, General Counsel & Secretary

Foot Locker, Inc.

Retail Roundtable: Agile Contracts & Legal Operations

Conversation

The current crisis has crystallized the need for many retail legal departments to incorporate new tools to deal with massive workload increases, especially around contracts. This is a unique small group opportunity to discuss your ideas with and get feedback from your in-house peers, as well as with counsel for a major legal ops company who is using these tools.

Retail Roundtables are your chance to explore this challenging issue with your colleagues across the retail industry. Roundtables will be conducted under the Chatham House Rule, co-moderated by leading corporate and outside counsel (see below), and limited to 15 in-house counsel to facilitate a meaningful conversation on this important topic.

Moderators: Paul Adams
Senior Vice President, General Counsel

Gap Inc.; Tom Orrison
Director, Legal Operations – Operations & Contracting Group

Microsoft Corporation

The Retail Transformation Meets Global Pandemic: Bankruptcy

Breakout Session

COVID-19 has caused significant disruption to the U.S. economy and consumers. As a result, some retailers and suppliers and service providers are facing tremendous financial challenges and are looking at various forms of legal relief. We will discuss advanced planning issues, such as how the bankruptcy code addresses lease terminations and how to prepare in advance for the bankruptcy of critical suppliers while still protecting company receivables.

Panelists will discuss:
• Alternatives to filing for bankruptcy in the event of a company’s insolvency;
• Defensive actions you can take when customers or suppliers file against you; and
• Options available to companies under the bankruptcy code.

Speakers: William M. Hawkins
Partner

Loeb & Loeb LLP; Vadim J. Rubinstein
Partner

Loeb & Loeb LLP

3:30 PM – 4:20 PM 4 Concurrent Events

Affirmative Recovery Strategies to Fund Your Legal Department

Breakout Session

While retailers are most often the targets of litigation, strategic retail counsel can use affirmative approaches to provide significant benefit to their companies’ bottom lines – not only in terms of cost offset, but in terms of better insight into business partners. Learn how retail legal leaders can fund their departments while also driving new insights for the business.

Speakers: Linn Evans
Chief Legal Officer

Ahold Delhaize USA; Ryan Phair
Partner

Hunton Andrews Kurth

Ask a GC: Rhonda Taylor, Dollar General

Conversation

Moderator: Amy Turk
Partner

McGuireWoods LLP

Speaker: Rhonda Taylor
Executive Vice President & General Counsel

Dollar General Corporation

Employment Meets Antitrust

Breakout Session

Federal and state enforcement officials are increasingly focused on employers’ use of no-poach, non-compete, and non-solicitation agreements, particularly as they impact low-wage workers.at the same time, the legal analysis and risks of these agreements remains unclear. We will examine the policy statements, enforcement decisions, and court rulings that provide guidance on the use and scope of these types of agreements. Plus, we will take a practical look at the challenges of counseling business units.

You will leave with:
• An understanding of the types of no-poach agreements potentially subject to Department of Justice criminal investigation;
• Practical tips to advise business personnel on avoiding problematic agreements with competitors; and
• Insights on how to minimize risk when crafting non-compete and non-solicitation agreements.

Speakers: Rachel Brass
Co-Chair of Antitrust and Competition Practice

Gibson, Dunn & Crutcher LLP; Caeli Higney
Senior Associate

Gibson, Dunn & Crutcher LLP; Kristen Limarzi
Partner

Gibson, Dunn & Crutcher LLP; Suzanne Wachsstock
Chief Antitrust Counsel

Walmart Inc.

Retail Roundtable: Strategies for Wage Statement Litigation

Conversation

The plaintiffs’ bar has been particularly aggressive in alleging wage statement violations against retailers for everything from wage statement content to bonuses and final pay. Share ideas with your colleagues for ways in which retailers can work with their internal teams, outside counsel and solution providers to mitigate litigation risk in this area that has led to significant financial penalties against retail companies.

Retail Roundtables are your chance to explore this challenging issue with your colleagues across the retail industry. Roundtables will be conducted under the Chatham House Rule, co-moderated by leading corporate and outside counsel (see below), and limited to 15 in-house counsel to facilitate a meaningful conversation on this important topic.

Moderators: Julie Trotter
Managing Shareholder

Call & Jensen, APC; Meredith Wilkerson
Associate General Counsel, Litigation

Kohl's Corporation

4:30 PM – 5:30 PM

Practicing Ethically During & After the Pandemic

General Session

This program will address ethics issues facing lawyers practicing during and after the pandemic, including: core duties, such as communication, competence and diligence; confidentiality issues (especially involving technology use) when practicing remotely and at home; unauthorized practice of law and multijurisdictional practice issues; special ethics challenges in pandemic - driven practice areas (such as trust and estates, and bankruptcy) and processes (such as remote depositions and mediations); maintaining professionalism while serving clients.

Speaker: Tom Spahn
Partner

McGuireWoods LLP

12:00 PM – 12:15 PM

Opening Day 3

Speaker: Kathleen McGuigan
Executive Vice President & Deputy General Counsel

RILA

12:15 PM – 1:15 PM

Public Policy Insights for Employers

General Session

The Chair of the Equal Employment Opportunity Commission and the Chair of the National Labor Relations Board will come together to share their views on recent public policy decisions that they have made and their goals for the future. Regardless of how the upcoming election shapes Congress and the Presidency, the terms of Chair Dhillon and Chair Ring will continue into 2022. Regulatory actions taken by the EEOC and the NLRB have a significant impact on the retail industry, which is one of the country’s largest employers.

Moderator: Phil Rosen
Principal

Jackson Lewis P.C.

Speakers: Janet Dhillon
Chair

U.S. Equal Employment Opportunity Commission; John Ring
Chairman

National Labor Relations Board

1:30 PM – 2:20 PM 4 Concurrent Events

Ask a GC: Elena Kraus, Walgreens

Conversation

Moderator: Kelly Hughes
Attorney

Ogletree, Deakins, Nash, Smoak & Stewart

Speaker: Elena Kraus
Senior Vice President & General Counsel

Walgreen Co.

International Compliance and Recall Trends for Consumer Products

Breakout Session

The sale of consumer products is becoming increasingly more regulated and complex, especially for companies operating in multiple countries. These complexities are compounded by recent compliance and product recall trends developing both internationally and in the United States. Regulators across the globe are keenly focused on recall effectiveness as well as the impact of emerging technologies, e-commerce, and the COVID-19 pandemic. This session will focus on how multinational and U.S. consumer product retailers can execute single and multi-country consumer product recalls and stay on top of new compliance and enforcement trends.

Speakers: Rod Freeman
Chair, International Products Practice

Cooley LLP; Matt Howsare
Special Counsel

Cooley LLP; Hrund Kristinsdóttir
Product Liability Leader, Product Risk & Deviation, IKEA of Sweden AB

The IKEA Group

Price, Sale & Discount Advertising

Breakout Session

Retailers and advertisers continue to face government enforcement and class action litigation challenges involving product pricing, sale and discount advertising. Compliance can be challenging, particularly in the context of multiple platforms, new technologies, and shifting markets. Learn about the recent sale and price advertising enforcement action and litigation and best practices for compliance and risk mitigation. Hot topics we will cover include automatic subscription billing, price gouging in light of COVID-19, drip pricing, dynamic pricing, and international pricing.

Speakers: Lindsey Buckner
Counsel – Marketing, Digital & IT

7-Eleven, Inc.; Jason Howell
Partner

Perkins Coie LLP; Maureen Kats
Associate General Counsel

PetSmart, Inc.

Retail Roundtable: NLRB Disruptions & Risk to Business

Conversation

Social issues and employment practices remain at the forefront of the national conversation, and leading retailers sit at center stage due to their status as major employers. Discuss with your colleagues the changing landscape, preventive strategies to make your organization less susceptible to unwanted attention, and effective responses when faced with employee protests, demonstrations and labor organizing.

Retail Roundtables are your chance to explore this challenging issue with your colleagues across the retail industry. Roundtables will be conducted under the Chatham House Rule, co-moderated by leading corporate and outside counsel (see below), and limited to 15 in-house counsel to facilitate a meaningful conversation on this important topic.

Moderators: Mike Mortensen
Of Counsel

Jackson Lewis P.C.; Aaron Tharpe
Senior Director, Labor and Employee Relations

Target Corporation

2:30 PM – 3:20 PM 4 Concurrent Events

Ask a GC: Todd Hartman, Best Buy

Conversation

Moderator: Andy Smith
Partner

Vorys, Sater, Seymour and Pease LLP

Speaker: Todd Hartman
Chief Risk & Compliance Officer, General Counsel

Best Buy Co., Inc.

Retail Roundtable: Conducting Internal Investigations Remotely

Conversation

Internal investigations are a fact of life for corporate counsel, but how best to conduct them in the age of COVID? Share ideas with your colleagues about effective tools and practices to ensure the integrity of the investigation while minimizing risk to personnel and the business.

Retail Roundtables are your chance to explore this challenging issue with your colleagues across the retail industry. Roundtables will be conducted under the Chatham House Rule, co-moderated by leading corporate and outside counsel (see below), and limited to 15 in-house counsel to facilitate a meaningful conversation on this important topic.

Moderators: Zainab Ahmad
Partner

Gibson, Dunn & Crutcher LLP; David Steele
Vice President & Deputy General Counsel

The Home Depot, Inc.

Right-to-Know in the Digital Age

Breakout Session

There has been a recent tsunami of new laws requiring transparency and giving consumers more control over their personal information, which create new compliance and class action ligation challenges for retailers. While the California Consumer Privacy Act is the most prominent in this recent wave right-to-know-related laws, it is not the only one you need to watch and manage. Legal developments around sponsored endorsements, bot laws, California Proposition 65, biometrics, and other privacy matters all present significant risks.

Panelists will discuss:
• The latest trends in consumer right-to-know legislation;
• Highlights of recent cases; and
• Receive practical advice on actions you can take to build a robust compliance program to protect your business in today’s marketplace.

Speakers: Meegan Brooks
Associate

Steptoe & Johnson LLP; Alon Rotem
General Counsel

ThredUp Inc.; Stephanie Sheridan
Partner

Steptoe & Johnson LLP; Michael Vatis
Partner

Steptoe & Johnson LLP

Strategies for Using Independent Contractors In California and Elsewhere

Breakout Session

Retailers have long depended on independent contractors in a variety of capacities; however, the legal landscape keeps shifting the line between employees and contractors. The recent decision in California v Lyft, et al. is the latest twist in this complex framework. This session will provide the high points of the latest legal decisions as well as practical ideas for how to keep on the right side of the law.

Speakers: Shane Crase
Senior Counsel

Lowe's Companies, Inc.; Shannon Nakabayashi
Partner

Jackson Lewis P.C.

3:30 PM – 4:20 PM 4 Concurrent Events

Ask a GC: Eve DelSoldo, Qurate Retail Group (QVC/HSN)

Conversation

Moderator: Stephanie Sheridan
Partner

Steptoe & Johnson LLP

Speaker: Eve DelSoldo
Vice President & General Counsel, QxH Commerce, QVC/HSN

Qurate Retail Group

Commercial Contracts: Management & Emerging Tech

Breakout Session

New technology promises not only to help retail corporate counsel become more efficient but to provide insights regarding the business that can only come from a tech platform that can analyze a broad range of contracts. Transformation of legal departments requires strategic planning, investment of time and a willingness to think creatively about finding new solutions and ways of providing legal advice. This session will provide ideas from corporate counsel and a solution provider on how to leverage new technologies not only for efficiency but to enhance business insight.

Speakers: Jay Christian
Attorney, Manufacturing & Retail/Consumer Packaged Goods

Microsoft Corporation; Nick Jaramillo
Attorney, Manufacturing & Retail/Consumer Packaged Goods

Microsoft Corporation; Cary Pumphrey
Vice President, Commercial Retail and Intellectual Property Legal

Walgreen Co.; Christopher Ybarra
Senior Corporate Counsel - Technology Transactions

The Home Depot, Inc.

Retail Roundtable: Working with Boards of Directors thru Change

Conversation

In addition to securing the corporate legal health of the company, general and leading corporate counsel have a key role in helping their c-suite and boards of directors navigate crises and change. Discuss strategies for effectively working with boards thru challenging times to reach safer waters.

Retail Roundtables are your chance to explore this challenging issue with your colleagues across the retail industry. Roundtables will be conducted under the Chatham House Rule, co-moderated by leading corporate and outside counsel (see below), and limited to 15 in-house counsel to facilitate a meaningful conversation on this important topic.

Moderators: Rebecca Grapsas
Counsel

Sidley Austin LLP; Ron Masciantonio
Senior Vice President & General Counsel

Five Below, Inc.

The SEC & ESG in the Age of COVID

Breakout Session

Retailers and other public companies are increasingly taking into account their impact on the world and society more broadly as they operate their businesses. At the same time, investors are using environmental, societal and governance (ESG) criteria to evaluate retailers’ performance. Increasingly, the Securities & Exchange Commission has been considering whether ESG would benefit from a regulatory regime, with the Commission’s own Investor Advisory Committee recommending this approach earlier this year. Understand the policy implications and strategies that your company should develop to position itself for successful ESG reporting.

Speakers: Alex Bahn
Partner

Hogan Lovells US LLP; Mark Fischer
Executive Vice President, General Counsel

PVH Corp.; Marissa Pagnani McGowan
Senior Vice President, Corporate Responsibility

PVH Corp.; Lillian Tsu
Partner

Hogan Lovells US LLP

4:30 PM – 5:30 PM

Diversity & Corporate Boards of Directors

General Session

An historic increase in social justice activism this year has energized corporate leaders nationwide to expand their companies’ responses to institutional racism and improve their Diversity, Equity, and Inclusion (“DEI”) performance. Corporate Boards, which historically exercised at best moderate oversight of DEI, are getting much more involved. This panel discussion, including General Counsel/Board Secretaries from PepsiCo Inc. and Starbucks and moderated by DEI attorney-expert Weldon Latham, will focus on how companies and their boards are responding tooday’s volatile climate.

Moderator: Weldon Latham
Principal

Jackson Lewis P.C.

Speakers: Rachel Gonzalez
Executive Vice President, General Counsel & Secretary

Starbucks Coffee Company; David Yawman
Executive Vice President, General Counsel & Corporate Secretary

PepsiCo, Inc.

For a printable copy of the 2020 conference agenda, please see click below to download the PDF.

Agenda

Ask a GC and Retail Round Table Sessions are limited to 15 attendees, and all attendees are limited to attend one of these session types. These sessions are meant to be interactive among attendees, which means all session participants are required to participate with full audio and video.

Through a survey that will be sent to you, RILA will make the best effort possible to place you in your priority sessions. In the event that all sessions are filled, there is a chance you may not be able to attend one of these conversation sessions.

You will receive confirmation of your session the week before the conference begins. Passcodes to enter the sessions will be emailed to you on the morning of your session (before 12:00 P.M. ET).

Please note that we have limited seats available, as a result, we may not be able to accommodate all attendees who request a conversation session.