Education Program

RLAW EDUCATION CONFERENCE (VIRTUAL) • OCTOBER 26 – 28, 2021

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 RLAW Education 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!

All times listed in Eastern Time (ET). Schedule Subject to Change.

  • Tuesday Oct 26, 2021
  • Wednesday Oct 27, 2021
  • Thursday Oct 28, 2021
12:00 PM – 12:15 PM

Welcome Remarks

12:15 PM – 1:15 PM

Opening Keynote: Shaping the Retail Ecosystem

This year’s keynote will provide unique insights into two important forces that are shaping the ecosystem in which retailers operate. Senator Amy Klobuchar (D-MN) will be interviewed by Target’s General Counsel Don Liu regarding key public policy changes that are in the works related to competition, privacy and data surveillance. NPD Group’s Chief Retail Strategist Don Unser will draw from a wealth of data to share the insights that he provides to leading retail CEO’s and retail boards on the major and subtle trends that are shaping the way retailers interact with consumers.

Moderator
Don Liu
Executive Vice President and Chief Legal & Risk Officer
Target Corporation
Speakers
U.S. Senator Amy Klobuchar
(D-MN)
Don Unser
Chief Retail Strategist
The NPD Group
1:30 PM – 2:20 PM 6 Concurrent Events

1. EDUCATION: Payment Trends: Strategic Arrangements for Retailers

Senior in-house lawyers at two major retailers will discuss the current legal and payments landscape and key considerations for retailers looking to enter strategic partnerships to provide payment solutions to their customers. The panel will address available technology from the perspective of merchants and consumers in all retail channels, as well as strategies for allocating risk and legal contractual issues for retailers. Finally, the session will discuss best practices from a retailer perspective, with insight from leading payments processor Stripe on payment infrastructure for online channels.

Speakers
Judy Mok
Partner
Ballard Spahr LLP
Ryan Richardson
Lead Global Partnerships Counsel
Stripe
Kristin Watnemo
Director Counsel, Payments
Target Corporation
Geri Williams
Senior Corporate Counsel
The Home Depot, Inc.

2. EDUCATION: Is Litigation a Viable Option for Addressing Ocean Carrier Challenges?

Hear from the ace legal team that brought a first-of-its-kind challenge to ocean carriers for their pricing and demurrage actions. Learn about individual and possible collective litigation approaches to dealing with the current situation in the West Coast ports.

Speakers
Karl Huth
Partner
Huth Reynolds
Matthew Reynolds
Partner
Huth Reynolds
Sara Wilcox
Partner
Huth Reynolds

3. EDUCATION: Most Pressing Advertising Issues Facing In-House Retail Counsel Today

In-house counsel from cutting edge retail brands will provide practical tips and relevant context for addressing the biggest advertising issues facing in-house counsel, as well as practical tips for how to solve them, along with one of the leading experts in advertising law today.

Speakers
Courtney Browne
General Counsel and Corporate Secretary
TULA Life
Nakia Hansen
Counsel
FILA USA, Inc
Hannah Taylor
Partner
Frankfurt Kurnit Klein & Selz

4. RETAIL ROUNDTABLE: Implementing COVID Vaccine Policies for Retail Employers

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, and limited to 15 in-house counsel to facilitate a meaningful conversation on this important topic. PRE-REGISTRATION REQUIRED. ONLY OPEN TO RETAIL COUNSEL. SESSIONS WILL NOT BE RECORDED.

Moderators
Greg Bair
Assistant General Counsel
J.C. Penney Company, Inc.
April Goff
Partner
Perkins Coie LLP

5. RETAIL ROUNDTABLE: Practical Advice for Mitigating & Defending Session Replay Litigation

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, and limited to 15 in-house counsel to facilitate a meaningful conversation on this important topic. PRE-REGISTRATION REQUIRED. ONLY OPEN TO RETAIL COUNSEL. SESSIONS WILL NOT BE RECORDED.

Moderators
Colleen Brown
Partner
Sidley Austin LLP
Ryan Parley
Vice President, Assistant General Counsel
Neiman Marcus, Inc.

6. ASK A GC: Mike Mahoney, LL Bean

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. These “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. PRE-REGISTRATION REQUIRED. ONLY OPEN TO RETAIL COUNSEL. SESSIONS WILL NOT BE RECORDED.

Moderator
Jay Ramsey
Partner
Sheppard, Mullin, Richter & Hampton LLP
Speaker
Mike Mahoney
Chief Legal & Compliance Officer
L.L. Bean, Inc.
2:30 PM – 3:20 PM 5 Concurrent Events

1. EDUCATION: Mass Arbitration in the Consumer & Employment Context: Practical Strategies To Deter and Combat Risk

Mass arbitration poses a significant threat to retailers. The strategy: solicit tens of thousands of consumer or employee claimants through social media and leverage the aggregate upfront fees owed by the businesses to the arbitration bodies (totaling millions of dollars) to pressure businesses to settle. This program will discuss the mass arbitration landscape and address practical strategies to deter/combat this risk while preserving the consumer and employee-friendly elements of arbitration programs.

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

2. EDUCATION: Avoiding “Dark Patterns” While Meeting Consumer Demand and Preferences in Online Shopping Experiences

Consumers today increasingly value convenience in shopping and predictability in delivery of goods. Auto-ship options meet this need by allowing consumers to place one order for desired products that are repeatedly delivered on a set schedule. When designed and implemented properly, these programs benefit consumers and companies by facilitating the efficient and predictable delivery of valuable goods to consumers who want them. But public prosecutors (at the state and federal level) and class action plaintiffs are increasingly scrutinizing these programs and bringing litigation alleging that these programs are “dark patterns” that deceive consumers. Recent amendments to the California Consumer Privacy Act (CCPA) specifically ban the use of dark patterns in connection with CCPA opt out requests. This session will discuss the legal requirements and provide guidance on how to keep your company's valued new consumer-facing programs compliant.

Speakers
Colleen Brown
Partner
Sidley Austin LLP
Mary Engle
Executive Vice President, Policy
BBB National Programs
Amy Lally
Partner and Global Co-Leader of Sidley’s Consumer Class Actions Practice
Sidley Austin LLP
Lara Liss
Vice President, Global Chief Privacy Officer - WBA
Walgreens Boots Alliance, Inc.

3. EDUCATION: Beating the Credit Cards at Their Own Game

As if the harm caused by a cyber attack isn’t significant enough, credit card companies invariably add insult to injury by utilizing an arcane process to impose tens of millions of dollars of fines on companies that have been breached. Challenging these fines is notoriously difficult but one retailer recently succeeded with a groundbreaking win. Learn from the team who achieved this victory about the strategy and the decision so that you can be prepared to fight back if/when your company is breached.

Speakers
Seth Harrington
Partner
Orrick, Herrington & Sutcliffe LLP
John Henrich
General Counsel
Sally Beauty Holdings, Inc.
Doug Meal
Partner
Orrick, Herrington & Sutcliffe LLP

4. RETAIL ROUNDTABLE: Leading Practices for Running Legally Compliant Influencer Marketing Programs

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, and limited to 15 in-house counsel to facilitate a meaningful conversation on this important topic. PRE-REGISTRATION REQUIRED. ONLY OPEN TO RETAIL COUNSEL. SESSIONS WILL NOT BE RECORDED.

Moderators
Lena Saltos
Associate General Counsel, Global Director of IP
Urban Outfitters Inc.
Hannah Taylor
Partner
Frankfurt Kurnit Klein & Selz

5. ASK A GC: Hannah Kim, Neiman Marcus

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. These “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. PRE-REGISTRATION REQUIRED. ONLY OPEN TO RETAIL COUNSEL. SESSIONS WILL NOT BE RECORDED.

Moderator
Ashley Kisner
Member
Clark Hill PLC
Speaker
Hannah Kim
Chief Legal Officer
Neiman Marcus, Inc.
3:30 PM – 4:20 PM 6 Concurrent Events

1. EDUCATION: Antitrust Enforcement in the Biden Administration

Antitrust scrutiny is at an all time high, with significant changes underway at the regulatory agencies and in proposed legislation. Regardless of whether you are a retailer who is concerned about behavior by dominant players or a smaller competitor considering a transaction with a competitor, it is an important space to watch and navigate. This session will focus on antitrust risks in the M&A space while also touching on other areas of enforcement to watch.

Speakers
Jamillia Ferris
Partner
Wilson Sonsini Goodrich & Rosati
Scott Sher
Partner
Wilson Sonsini Goodrich & Rosati

2. EDUCATION: Information Security & Legal: The Dynamic Duo Protecting the Company

Legal counsel & information security executives both work to protect and secure their company. But many believe the two are at often at odds with one another. Hear from Matt Dunlop, CISO for Under Armour, and his former privacy partner, Rebecca Shore, now incoming Chief Privacy Officer at Albertsons, as they share how these two vital positions can unite to strengthen their company's defenses.

Speakers
Matt Dunlop
Vice President, Chief Information Security Officer
Under Armour, Inc
Rebecca Shore
Incoming Chief Privacy Officer
Albertsons
Suzie Squier
President
Retail & Hospitality ISAC

3. EDUCATION: Employee Vaccination Programs in the Age of COVID

Retailers and other major employers continue to wrestle with the bushel of evolving issues related to COVID vaccination status in the workplace. This session will examine the legal and practical issues surrounding employee vaccination policies and their implementation.

Speaker
April Goff
Partner
Perkins Coie LLP

4. RETAIL ROUNDTABLE: Litigation Strategies for Working with the Credit Cards After a Breach

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, and limited to 15 in-house counsel to facilitate a meaningful conversation on this important topic. PRE-REGISTRATION REQUIRED. ONLY OPEN TO RETAIL COUNSEL. SESSIONS WILL NOT BE RECORDED.

Moderators
John Henrich
General Counsel
Sally Beauty Holdings, Inc.
Doug Meal
Partner
Orrick, Herrington & Sutcliffe LLP

5. ASK A GC: Jodi Caro, Ulta Beauty

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. These “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. PRE-REGISTRATION REQUIRED. ONLY OPEN TO RETAIL COUNSEL. SESSIONS WILL NOT BE RECORDED.

Moderator
Stephanie Sheridan
Partner
Steptoe & Johnson LLP
Speaker
Jodi Caro
General Counsel, Chief Compliance Officer & Corporate Secretary
Ulta Beauty, Inc.

6. ASK A GC: Vicki Donati, Crate & Barrel

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. These “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. PRE-REGISTRATION REQUIRED. ONLY OPEN TO RETAIL COUNSEL. SESSIONS WILL NOT BE RECORDED.

Moderator
Andy Smith
Partner
Vorys, Sater, Seymour and Pease LLP
Speaker
Victoria Donati
Senior Vice President, General Counsel & Corporate Secretary
Crate & Barrel Holdings, Inc.
4:30 PM – 5:30 PM

The Clock Is Ticking: Ransomware Attack Simulation

Ransomware locks up critical information and files that an organization needs to operate creating an extraordinarily intense crisis situation as top executives need to react as quickly as possible to get their companies back in operation. Top legal, cyber and PR experts will walk you thru a hair-raising ransomware simulation to make sure you are identifying the key issues and questions at every fast-paced juncture.

Speakers
Matt Dunlop
Vice President, Chief Information Security Officer
Under Armour, Inc
Lisa Sotto
Partner
Hunton Andrews Kurth
Ed Trissel
Partner
Joele Frank
Dave Wong
Vice President
Mandiant Consulting – FireEye
5:30 PM – 5:35 PM

Closing Remarks

12:00 PM – 12:15 PM

Welcome Remarks

12:15 PM – 1:15 PM

RETAIL GC PANEL: Remaking Retail & Role of Legal

The extraordinary level of disruption in and around the industry has required leading retailers to remake themselves. General counsel from four leading retailers share their views on how the retail industry is transforming and the role of legal leadership in navigating their companies thru the storms.

Moderator
Amy Turk
Partner
McGuireWoods LLP
Speakers
Rene Casares
Senior Vice President, General Counsel & Secretary
Academy Sports + Outdoors
Todd Hartman
Chief Risk Officer, General Counsel
Best Buy Co., Inc.
Rhonda Taylor
Executive Vice President & General Counsel
Dollar General Corporation
Wilma Wallace
Senior Vice President, Chief Diversity & Social Impact Officer
Recreational Equipment, Inc. (REI)
1:30 PM – 2:20 PM 6 Concurrent Events

1. EDUCATION: A Common Enemy: Lessons Learned from the Latest “Mass” Consumer Class Actions Against Retailers

Benchmarking and industry mobilization/advocacy benefit retailers in anticipating and addressing emerging areas of class action risk. Some recent examples of mass class action activity include Braille gift cards and website accessibility (ADA/Unruh Act), session replay (CIPA/FSCA/WESCA), biometrics (BIPA), text messaging (TCPA) and sales tax litigation (UTPCPL). This program will focus on lessons learned from these litigation trends, and highlight meaningful consumer class action risks facing the industry in Florida, California, and beyond.

Speakers
Dan Brewer
Member
Cozen O'Connor
Lisa Detig
Vice President & Associate General Counsel
Match Group
Meredith Slawe
Co-Chair, Class Actions Practice Group; Chair, Retail Industry Group
Cozen O'Connor

2. EDUCATION: The Very Latest on OSHA’s Vaccine ETS

On September 9, President Biden signed an Executive Order that set in motion a fast-moving regulatory process for OSHA to issue an Emergency Temporary Standard that will impose COVID vaccination requirements on large employers. Within 6 weeks, OSHA had sent the text of the ETS to OMB. Since no pre-publication or proposed rule is required, OSHA could literally publish its final ETS any day. Join this live session to learn the latest on the ETS and what it likely will or actually does require, depending on exactly when the ETS is published.

Speaker
Eric Conn
Chair, OSHA - Workplace Safety Group
Conn Maciel Carey LLP

3. EDUCATION: Protecting the Confidentiality of Submissions to Federal Regulators

Corporate disclosures to the government can be required under laws such as the Consumer Product Safety Act or voluntarily submitted to meet Department of Justice expectations on compliance programs and to mitigate potential enforcement actions by federal prosecutors. Yet these disclosures are routinely requested by litigants in discovery. This session will provide advice on how to maximize the confidentiality of submissions to the government while still understanding the limits to those protections. It will also specifically explore recent efforts by Congress to take away the protections provided for by section 6(b) of the Consumer Product Safety Act and what a change to the law might mean for mandatory reporting of consumer product safety issues.

Speakers
Cheryl Falvey
Partner
Crowell & Moring LLP
Jennifer Frericks
Associate General Counsel, Regulatory & Litigation
IKEA North America Services, LLC
Barbara White
Assistant General Counsel, Regulatory, Retail & Payments
Target Corporation

4. RETAIL ROUNDTABLE: Developing ESG Policies that Minimize Legal Risk

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, and limited to 15 in-house counsel to facilitate a meaningful conversation on this important topic. PRE-REGISTRATION REQUIRED. ONLY OPEN TO RETAIL COUNSEL. SESSIONS WILL NOT BE RECORDED.

Moderators
Sophia Lee
Partner
Blank Rome LLP
Ron Masciantonio
Senior Vice President & General Counsel
Five Below, Inc.

5. ASK A GC: Elisa Garcia, Macy's

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. These “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. PRE-REGISTRATION REQUIRED. ONLY OPEN TO RETAIL COUNSEL. SESSIONS WILL NOT BE RECORDED.

Moderator
David Mallen
Partner
Loeb & Loeb LLP
Speaker
Elisa Garcia
Chief Legal Officer
Macy's Inc.

6. ASK A GC: Michael Wu, Bath & Body Works

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. These “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. PRE-REGISTRATION REQUIRED. ONLY OPEN TO RETAIL COUNSEL. SESSIONS WILL NOT BE RECORDED.

Moderator
Susan Failla
Partner
Hunton Andrews Kurth
Speaker
Michael Wu
Chief Legal Officer
Bath & Body Works, Inc.
2:30 PM – 3:20 PM 6 Concurrent Events

1. EDUCATION: What’s Old Is New Again – Riding the Recommerce Wave

One of the hottest current retail trends is buying and reselling used goods—recommerce. As customers seek out value and try to lower their environmental impact, retailers are responding. We will dive into the legal and compliance issues that any company launching a recommerce program should tackle. Some of the issues we’ll cover include: second hand dealer rules; advertising substantiation, especially for environmental claims; trademark usage; and authenticity and stolen goods.

Speakers
Nealan Afsari
Assistant General Counsel
Levi Strauss & Co.
Craig Cardon
Partner
Sheppard, Mullin, Richter & Hampton LLP
Rachel Hudson
Partner
Sheppard, Mullin, Richter & Hampton LLP
Chris Walters
Assistant General Counsel, IP & Marketing
Levi Strauss & Co.

2. EDUCATION: Developments in Adtech

Learn how to navigate recent challenges in the Adtech space, including those stemming from platform and privacy/regulatory developments. We will discuss how to work with and prepare business teams for impending changes in how consumer data is used and managed. Additional topics include navigating a future without third-party cookies, as well as potential alternative solutions for ad tracking from a technical and compliance perspective. You will also learn about the legal implications of these technologies, including the latest on enforcement trends, learnings, and best practices under California’s CCPA, and developments in other states and jurisdictions with privacy laws that touch on AdTech, including Virginia, Colorado, and the EU. We will also discuss best practices and strategies in negotiating deals.

Speakers
Nathan Hole
Partner, Advanced Media and Technology
Loeb & Loeb LLP
Caroline Hudson
Partner
Loeb & Loeb LLP
Andrea Ravich
Director Counsel, Retail Strategies
Target Corporation

3. EDUCATION: Striking PAGA Claims After "Wesson"

A California appellate court recently held in Wesson v. Staples that trial courts have the inherent authority to manage complex litigation and that such authority allows those courts to strike unmanageable PAGA claims. This is an important ruling for retailers who are now (or will be soon) defending litigation with PAGA claims in state court. Hear from the team that propounded the successful strategy in Wesson about using the decision to best advantage for your own cases.

Speakers
Tritia Murata
Partner
Morrison & Foerster LLP
David Zins
Associate
Morrison & Foerster LLP

4. RETAIL ROUNDTABLE: New to Inhouse? Get the Scoop from Experienced Inhouse Counsel

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, and limited to 15 in-house counsel to facilitate a meaningful conversation on this important topic. PRE-REGISTRATION REQUIRED. ONLY OPEN TO RETAIL COUNSEL. SESSIONS WILL NOT BE RECORDED.

Moderators
Amy Turk
Partner
McGuireWoods LLP
Jeff Vining
Senior Vice President, Deputy General Counsel & Chief Compliance Officer
Lowe's Companies, Inc.

5. ASK A GC: Lacey Bundy, PetSmart

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. These “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. PRE-REGISTRATION REQUIRED. ONLY OPEN TO RETAIL COUNSEL. SESSIONS WILL NOT BE RECORDED.

Moderator
Max Kaplan
Member
Cozen O'Connor
Speaker
Lacey Bundy
Senior Vice President, General Counsel & Corporate Secretary
PetSmart, Inc.

6. RETAIL ROUNDTABLE: Implementing COVID Vaccine Policies for Retail Employers

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, and limited to 15 in-house counsel to facilitate a meaningful conversation on this important topic. PRE-REGISTRATION REQUIRED. ONLY OPEN TO RETAIL COUNSEL. SESSIONS WILL NOT BE RECORDED.

Moderators
Sara Bolden
Senior Counsel, Labor & Employment
PetSmart, Inc.
April Goff
Partner
Perkins Coie LLP
3:30 PM – 4:20 PM 6 Concurrent Events

1. EDUCATION: Prevention & Defense of EEO Challenges to Criminal Background Checks

Sophisticated plaintiffs’ counsel continue to bring class action lawsuits challenging retailers’ use of criminal background checks and the disparate impact such checks have on minority applicants. The EEOC is returning to the field on such claims now through its investigation authority. Given the EEOC's posture in the Obama Administration, it is realistic to expect the Biden EEOC to engage in specific targeted litigation as well. Learn practical ways that retailers can manage the risk of such claims and position themselves for favorable results if claims arise, as well as effective defense strategies for civil litigation. Relevant new state and local legislative developments will also be discussed.

Speakers
Joel Allen
Partner
McGuireWoods LLP
Olga Bograd
Associate
McGuireWoods LLP
Melanie Cook
Vice President, Assistant General Counsel, Labor & Employment
Dollar General Corporation
Bill Doyle
Partner
McGuireWoods LLP

2. EDUCATION: Breaking the Chains: Enforcement Measures to Eliminate Forced Labor from Supply Chains

The Biden Administration’s Trade Agenda includes a commitment to eradicate forced labor from supply chains by working collectively with allies. Retail legal teams can aid in the effort by focusing on regulatory compliance and risk management initiatives throughout the company. Learn: (1) Steps importers should take to manage and monitor their supply chains; (2) Recommended internal controls & procedures; and (3) Retail counsel perspective on how they are working with their business partners on managing supply chain risk and compliance.

Speakers
Priya Galante
Vice President, Assistant General Counsel & Assistant Secretary
AutoZone, Inc.
Mollie Sitkowski
Counsel
Faegre Drinker Biddle & Reath LLP

3. EDUCATION: Three Risks That Keep Your CEO Up at Night - And How to Mitigate Them!

This session will address three key risks keeping the retail C-Suite and directors awake at night and how to mitigate these risks through a well-crafted insurance program. We will discuss how to: (1) identify gaps between key policies in your program (such as cyber, commercial general liability, and directors and officers liability); (2) how to fill these gaps before renewal; and (3) how to shift risks to others in your supply chain through contractual risk transfer.

Speakers
Andrea DeField
Partner
Hunton Andrews Kurth
Kevin Small
Associate
Hunton Andrews Kurth

4. RETAIL ROUNDTABLE: Strategies for Dealing with PAGA Claims

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, and limited to 15 in-house counsel to facilitate a meaningful conversation on this important topic. PRE-REGISTRATION REQUIRED. ONLY OPEN TO RETAIL COUNSEL. SESSIONS WILL NOT BE RECORDED.

Moderators
Mark McCullough
VP Assistant General Counsel - Employment
Burlington Stores, Inc.
Tritia Murata
Partner
Morrison & Foerster LLP

5. RETAIL ROUNDTABLE: Engaging with the FTC

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, and limited to 15 in-house counsel to facilitate a meaningful conversation on this important topic. PRE-REGISTRATION REQUIRED. ONLY OPEN TO RETAIL COUNSEL. SESSIONS WILL NOT BE RECORDED.

Moderators
Dominique Alepin
Assistant General Counsel – Global Competition and Consumer Protection
NIKE, Inc.
Jamillia Ferris
Partner
Wilson Sonsini Goodrich & Rosati

6. ASK A GC: Kristen Wright, AutoZone

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. These “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. PRE-REGISTRATION REQUIRED. ONLY OPEN TO RETAIL COUNSEL. SESSIONS WILL NOT BE RECORDED.

Moderator
Ruth Rauls
Partner
Saul Ewing Arnstein & Lehr LLP
Speaker
Kristen Wright
Senior Vice President, General Counsel & Secretary
AutoZone, Inc.
4:30 PM – 5:30 PM

Litigation Ethics with Tom Spahn, McGuireWoods

The encyclopedic Tom Spahn of McGuireWoods will provide a CLE-worthy ethics session in his uniquely entertaining and engaging style. The interactive program will use hypotheticals to explore litigation-related ethical topics such as: (1) lawyers’ communications; (2) claims (including “ghostwriting”); (3) settlements (including acceptable levels of deception during settlement negotiations); and (4) key privilege issues.

Speaker
Tom Spahn
Partner
McGuireWoods LLP
5:30 PM – 5:35 PM

Closing Remarks

12:00 PM – 12:15 PM

Welcome Remarks Day 3

12:15 PM – 1:15 PM

Social Justice at Work: Calls for Change & Social Action

Now more than ever, employees, shareholders and boards are calling for equality and social justice in the workplace. This session will discuss employer initiatives for social justice, managing political and social speech at work, and diversity, equity, and inclusion initiatives and risk management.

Moderator
Phil Rosen
Principal
Jackson Lewis P.C.
Speakers
Tanya Bovée
Office Managing Principal
Jackson Lewis P.C.
Michael Thomas
Principal
Jackson Lewis P.C.
1:30 PM – 2:20 PM 6 Concurrent Events

1. EDUCATION: OSHA’s New Take on Workplace Safety

The Biden administration is ramping up enforcement, not just for COVID-19 hazards, but other safety and health hazards across all industries. Retail and warehousing are no exception. Hazards often cited in those environments include egress and blocked exits in storerooms, powered industrial trucks in warehouses and distribution centers, and hazard communication related to the use of chemicals and cleaning and sanitizing solutions. OSHA is currently in rulemaking to revise its hazard communication standard. Also expect to also see a resurgence of the temporary worker initiative targeting joint employment in warehouses and distribution centers.

Speakers
Courtney Malveaux
Principal
Jackson Lewis P.C.
Melanie Paul
Principal
Jackson Lewis P.C.

2. EDUCATION: How To Use "TransUnion" To Defend Statutory Damages Claims

Given their size and commercial success, leading retailers are chronic targets of suits brought by the mass action plaintiffs’ bar under statutes with damages provisions. The Supreme Court’s TransUnion decision last Term provides the seeds for important new strategies to defend these claims. The Retail Litigation Center has teamed up with expert appellate strategists from Jenner & Block to develop a new guide for defense counsel that explores ways to use TransUnion's teachings to best advantage. Hear from the experts as they unpack on this important Supreme Court decision to help you defend your company from pernicious statutory damages litigation.

Speakers
Joshua Levin
Associate
Jenner & Block
Adam Unikowsky
Partner
Jenner & Block

3. EDUCATION: In-house Counsel’s Role in Capturing Savings via Property Tax Disputes

Retailers nationally are experiencing significant decreases in the value of their real estate portfolios. The COVID-19 pandemic has greatly accelerated that downslide. As estimated real property values decline, so should real property tax liabilities. Property taxes are one of the largest operating expenses for retail properties. An increasing number of in-house counsel are working with tax and real estate personnel to bolster valuation disputes. In this session, attendees will learn how counsel can work with various internal departments to improve the businesses’ success in capturing true tax savings in jurisdictions from coast to coast. Hear from in-house leaders overseeing valuations and disputes, and learn how in-house legal counsel can play an instrumental role in reducing property tax burdens nationally.

Speakers
Michael Clary
Senior Manager, Real Property Tax
Macy's Inc.
Andrew DeBord
Associate
Vorys, Sater, Seymour and Pease LLP
Larry Schramm
Director, Property Tax
Macy's Inc.

4. RETAIL ROUNDTABLE: Keep Calm and Shop: Navigating Changing Work Accommodations in the Wake of the Pandemic

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, and limited to 15 in-house counsel to facilitate a meaningful conversation on this important topic. PRE-REGISTRATION REQUIRED. ONLY OPEN TO RETAIL COUNSEL. SESSIONS WILL NOT BE RECORDED.

Moderators
Dionne Blake
Senior Director & Assistant General Counsel
Target Corporation
Drew Maunz
Of Counsel
Jackson Lewis P.C.

5. RETAIL ROUNDTABLE: Connecting the Dots – Leveraging the Many Hats of Legal

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, and limited to 15 in-house counsel to facilitate a meaningful conversation on this important topic. PRE-REGISTRATION REQUIRED. ONLY OPEN TO RETAIL COUNSEL. SESSIONS WILL NOT BE RECORDED.

Moderators
Judith McKay
Chief Client and Innovation Officer
McCarthy Tétrault LLP
Ann Munson Steines
Executive Vice President, General Counsel & Corporate Secretary
Nordstron Inc.

6. ASK A GC: Melinda McAfee, Victoria's Secret

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. These “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. PRE-REGISTRATION REQUIRED. ONLY OPEN TO RETAIL COUNSEL. SESSIONS WILL NOT BE RECORDED.

Moderator
Rachel Bevans Soloman
Associate Attorney
Cozen O'Connor
Speaker
Melinda McAfee
Executive Vice President & Chief Legal Officer
Victoria's Secret Stores
2:30 PM – 3:20 PM 6 Concurrent Events

1. EDUCATION: Diversity & Inclusion: Key Takeaways for Brand Action and Accountabilities

In today’s climate of social, economic and cultural upheaval, consumers are demanding more transparency and accountability from their brands. We will look at practical ways retail counsel can take a diversity and inclusion lens to their organizations. Our panel will discuss how retailers can enhance their efforts and stay true to brand values, and how they can work with others to bring about change in the industry as well as in the community while minimizing legal risk.

Speakers
Nikki Gershbain
Chief Inclusion Officer
McCarthy Tétrault LLP
Kaleb Honsberger
Senior Vice President, General Counsel and Corporate Secretary
Roots
Miranda Lam
Partner | Retail Sector Lead
McCarthy Tétrault LLP
Lara Nathans
Partner and Industry Strategy Leader
McCarthy Tétrault LLP

2. EDUCATION: Defending Wage Statement Class Actions in the Wake of "Magadia" and "Ferra"

Wage and hour class action lawsuits and suits brought under California’s Private Attorneys General Act continue to present a substantial risk to the retail industry. Over the past year, federal courts, including the U.S. Court of Appeal for the Ninth Circuit in Magadia v. Walmart and the California Supreme Court in Ferra v. Loews, have issued important decisions that affect important wage-and-hour merits and jurisdictional questions. In the ever-evolving class action and PAGA landscape, these developments provide important guidance for the retail industry as they consider litigating and defending against class actions and PAGA suits.

Speakers
Beth Berman
Deputy General Counsel
Dollar Tree, Inc.
Theane Evangelis
Partner
Gibson, Dunn & Crutcher LLP
Bradley Hamburger
Partner
Gibson, Dunn & Crutcher LLP

3. EDUCATION: Pricing Class Actions & Auto-Renewal Statutes Proliferate Nationwide

As the retail industry continues to evolve to emphasize omnichannel commerce, it faces new regulatory and litigation risks, many of which began in California. This session will focus on two consumer class action trends that began in California but are rapidly expanding into other jurisdictions. First, a new wave of pricing class actions is targeting retailers across the country, including in states with steep statutory penalties — this session will provide updates from the front lines. Second, California’s Automatic Renewal Law continues to be a hot issue as more suits reach eight-figure settlements and California’s Class Action Task Force (CART) continues investigating. In light of recent retailer-friendly decisions in California, and new state laws in other states, more out-of-state actions may be on the horizon.

Speakers
Meegan Brooks
Associate
Steptoe & Johnson LLP
Michelle Gerdoney
General Counsel
Samsonite
Stephanie Sheridan
Partner
Steptoe & Johnson LLP

4. RETAIL ROUNDTABLE: Strategic Statutory Damages Defense Discussion

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, and limited to 15 in-house counsel to facilitate a meaningful conversation on this important topic. PRE-REGISTRATION REQUIRED. ONLY OPEN TO RETAIL COUNSEL. SESSIONS WILL NOT BE RECORDED.

Moderators
Will Riffelmacher
Associate General Counsel
Gap Inc.
Adam Unikowsky
Partner
Jenner & Block

5. RETAIL ROUNDTABLE: Real Estate: Post-COVID Brick & Mortar – Mall Owners & Retailers Address Pandemic & Look Ahead

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, and limited to 15 in-house counsel to facilitate a meaningful conversation on this important topic. PRE-REGISTRATION REQUIRED. ONLY OPEN TO RETAIL COUNSEL. SESSIONS WILL NOT BE RECORDED.

Moderators
Hyura Choi
Litigation Counsel
Unibail-Rodamco Westfield
Brian Huben
Partner
Ballard Spahr LLP

6. ASK A GC: Kristy Balsanek, Lidl

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. These “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. PRE-REGISTRATION REQUIRED. ONLY OPEN TO RETAIL COUNSEL. SESSIONS WILL NOT BE RECORDED.

Moderator
Caroline Brown
Partner
Crowell & Moring LLP
Speaker
Kristy Balsanek
General Counsel & Chief Compliance Officer
Lidl US, LLC
3:30 PM – 4:20 PM 6 Concurrent Events

1. EDUCATION: What To Do When Your Shipment Is Detained by CBP Under a Forced Labor WRO

The Biden Administration has made it a key priority that its trade policy promotes human rights and high labor standards. China’s use of forced labor in the Xinjiang Uygur Autonomous Region (XUAR) has come under particular scrutiny. U.S. Customs and Border Protection is enforcing the withhold release orders (WROs) on products through increased inspection and detention of shipments from China. This session will cover issues such as the burden on importers to prove that inputs are not made in XUAR and steps to take in order to get products released, as well as strategies for suppliers and retailers to work together.

Speakers
Mark Ludwikowski
Member
Clark Hill PLC
R. Kevin Williams
Member
Clark Hill PLC

2. EDUCATION: Navigating the Legal Lifecyle of Cannabis in a Retail Setting

This panel will offer attendees an overview of where retailers currently fit within the cannabis legal landscape and information on the types of cannabis-related products that can legally be sold now (e.g., hemp-derived cannabidiol (CBD)) as well as those that might be available in the future. Additionally, it will offer retailers guidance on how to navigate the maze of federal, state, and local laws and regulations in and around the cannabis space. Finally, the panel will offer near- and long-term policy predictions about future legal developments, as well as guidance on what retail corporate counsel can do to prepare now.

Speaker
Jonathan Havens
Partner
Saul Ewing Arnstein & Lehr LLP

3. EDUCATION: Contractual or Common Law Indemnification Claims for Contingent Workforce May Be Void as Against Public Policy

The Biden Administration has been proffering a "totality of the economic realities" approach to determining who is an employer of a contingent workforce. At least one recent state court has held -- citing numerous FLSA cases -- that claims for common law or contractual indemnification against the primary employer are void as "against public policy." This session will outline the state of the law and best practices moving forward to help employers safely engage a contingent workforce.

Speakers
Will Anthony
Partner
Blank Rome LLP
Carrie Terraferma
Vice President of Legal Services & Corporate Secretary
The Golub Corporation

4. RETAIL ROUNDTABLE: Partnering with Business Leaders on ESG Goal Setting

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, and limited to 15 in-house counsel to facilitate a meaningful conversation on this important topic. PRE-REGISTRATION REQUIRED. ONLY OPEN TO RETAIL COUNSEL. SESSIONS WILL NOT BE RECORDED.

Moderators
Noni Ellison
Senior Vice President, General Counsel and Corporate Secretary
Tractor Supply Company
Erin Hiatt
Vice President, CSR
RILA

5. RETAIL ROUNDTABLE: Wage Statement Compliance Strategies To Reduce Litigation Risk

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, and limited to 15 in-house counsel to facilitate a meaningful conversation on this important topic. PRE-REGISTRATION REQUIRED. ONLY OPEN TO RETAIL COUNSEL. SESSIONS WILL NOT BE RECORDED.

Moderators
Beth Berman
Deputy General Counsel
Dollar Tree, Inc.
Theane Evangelis
Partner
Gibson, Dunn & Crutcher LLP

6. ASK A GC: Jill Marchant, Hallmark Inc.

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. These “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. PRE-REGISTRATION REQUIRED. ONLY OPEN TO RETAIL COUNSEL. SESSIONS WILL NOT BE RECORDED.

Moderator
Zoë Wilhelm
Partner
Faegre Drinker Biddle & Reath LLP
Speaker
Jill Marchant
Executive Vice President & Secretary
Hallmark Cards, Inc.
4:30 PM – 5:30 PM

Supreme Court: Highlights from Last Term and a Preview of What’s Coming Next

Three uniquely insightful Supreme Court advocates will provide their assessment of key decisions from the Court’s previous Term and preview what’s to come in the current Term, which already includes cases on arbitration, tax, and intellectual property rights that could impact retailers. Not to mention the major social issues on the Court’s docket. Plus, the Court will have the opportunity to review critical federal preemption issues that could impact labeling on thousands of products retailers sell, as well as California’s Private Attorneys General Act.

Moderator
Natalie Rodriguez
Assistant Managing Editor
Law 360
Speakers
Eric Citron
Partner
Goldstein & Russell, P.C.
Melissa Sherry
Partner
Latham & Watkins
Adam Unikowsky
Partner
Jenner & Block
5:30 PM – 5:35 PM

Closing Remarks

Register Today