8:55 Welcome and Introductions
9:00 Department of Justice Update
Brian J. Smith, K&L Gates LLP, Chicago, IL
Dive into a discussion regarding recent enforcement actions brought by the Antitrust Division of the Department of Justice, including civil and criminal proceedings and investigations in various industries, technology, food supply, healthcare, and telecom. The presenter considers the shift in administration priorities in the last year, and the Department's response to COVID-19.
10:00 Break
10:10 Privacy Update: Welcome to the California Privacy Rights Act (CPRA)‡
Matthew A. Cordell, VF Corporation, Greensboro
Clara R. Cottrell, BASF Corporation, Research Triangle Park
This presentation discusses what the new California Privacy Rights Act means for the future of privacy. Through a practical discussion, this session also highlights the key differences between the CPRA and the CCPA and the impact on various industries.
11:10 Break
11:20 Mental Health Spotlight—Prioritizing Our Mental Health During COVID-19†
Lynn S. Garson, BakerHostetler, Atlanta, GA
Everything we do is exponentially more difficult than it was in February 2020. Stressors include family, client, work, technology, finances, isolation, medical issues, grief and reaction to stress. Then there is "racial stress" meaning the disproportionate impact of so many of these stressors on Black people and other people of color. In all settings, including in house, lawyers are often perfectionists who minimize or ignore the emotional toll as a matter of culture and habit.
12:20 Adjourn
†Indicates portion providing Substance Abuse/Mental Health credit
‡Indicates portion providing Technology Training credit
Thank you for joining us for In-House Practice in the Age of COVID-19.
This program discusses the impact of COVID-19 and provides updates in critical practice areas of particular interest to in-house attorneys, including employment, contracting, cybersecurity, privacy, and legal enforcement.
With the pandemic affecting every aspect of our personal and professional lives, learn and explore how to prioritize our own well-being during this challenging time.
Matthew A. Cordell is the Vice President and General Counsel for Privacy and Technology at VF Corporation in Greensboro.
Matt is the founder and Chair of the Privacy and Data Security Specialization Committee of the NC State Bar. He holds several IAPP certifications: CIPP/US, CIPP/E, CIPP/Canada, and CIPM. He is an IAPP and ABA certified Privacy Law Specialist (PLS), and an IAPP Fellow of Information Privacy (FIP).
Matt earned his B.B.A., summa cum laude, majoring in Trust and Investment Management and minoring in Financial Planning from Campbell University, his M.B.A., with distinction, from Lundy-Fetterman School of Business and his J.D., with honors, from the University of North Carolina School of Law.
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Clara R. Cottrell is Assistant General Counsel, Compliance & Privacy for BASF Corporation in Research Triangle Park. As part of the Legal Compliance group, she spends her time exploring and implementing data privacy and protection strategies for the company and in relation to the many digital projects, products, and initiatives across the varied business industries serviced by BASF. She also acts as US support on global and regional projects for data privacy and protection issues.
A registered patent agent, Clara was in private practice at Smith Moore Leatherwood, now Fox Rothschild, in Greensboro, before joining BASF in July 2013. Clara moved into her current data privacy role in January 2020.
Clara is actively involved in the North Carolina Bar Association with the Corporate Counsel Section (past Section Chair) and the Privacy and Data Security Section (Council member) as well as Chairing the NCBA CLE Committee and being a member of the NCBA Membership Committee. She has been named a 40 Under Forty by The Business Journal, a 2013 Legal Elite Young Guns Best Under 40 and a North Carolina Super Lawyers Rising Star.
Clara earned her B.S. in Biochemistry from North Carolina State University and went on to earn her J.D. from Wake Forest University. After law school, Clara clerked for the Honorable Judge Ben Tennille (retired) in the North Carolina Business Court.
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Lynn S. Garson practices healthcare law at Baker & Hostetler in the firm's Atlanta office. Her areas of expertise include small and medium-sized physician practice acquisitions and physician employment and related agreements.
Lynn is also a mental health advocate and author. In July 2012, she published Southern Vapors, a memoir describing her journey from major clinical depression to recovery, and has since spoken widely, including a TEDx Emory talk: "Reforming the Approach to Mental Health in the U.S." and made numerous presentations to private and public organizations including the American Bar Association, American Health Lawyers Association, The Southern Federal Tax Institute and a number of law schools. In May 2021, Ms. Garson published a personal essay entitled "Everything I Know About Suicide".
During a storied career, Lynn has accomplished much, including serving as Chairperson of the Lawyers Assistance Program of the State Bar of Georgia, a member of both the American Bar Association and State Bar of Georgia's Wellness Committees, in addition to being a member of the Suicide Awareness and Prevention Committee for the State Bar of Georgia. She has also participated in podcasts regarding mental health, as a host, guest and interviewee.
Lynn graduated from Tulane University with a degree in art history and holds her law degree from Emory University School of Law.
Lynn is an art collector, traveler and proud mother of three children.
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Robert E. "Rob" Harrington is a member of Robinson Bradshaw & Hinson PA in Charlotte. He litigates complex business disputes. He represents corporate clients in a broad range of contracts, trade practice and other business matters.
Rob has served as lead counsel in cases in various jurisdictions, including the North Carolina Business Court and other state and federal courts in North Carolina, South Carolina, Virginia, Georgia, Mississippi and Louisiana. He has represented and counseled clients in litigation and business matters across various industries, including financial services, manufacturing, agribusiness, telecommunications, sports and entertainment, health care and education.
Rob co-chairs the firm's Litigation Department. He served as president of the Mecklenburg County Bar, was appointed by the Chief Justice of the North Carolina Supreme Court to the North Carolina Commission on the Administration of Law and Justice and served as a member of the board of governors of the North Carolina Bar Association. For his professional work and civic engagement, North Carolina Lawyers Weekly recognized Rob as Lawyer of the Year in 2017 and Business North Carolina included him in its Power lists for 2020-23 and its inaugural Dynamic Diversity list in 2021.
Rob received his B.A., magna cum laude, from Duke University and his J.D., with high honors, from Duke University School of Law.
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Susan G. James is Vice President and Chief Legal Officer with WakeMed Health & Hospitals in Raleigh. In her role as Vice President and Chief Legal Officer, Susan oversees the full range of legal and business issues facing a complex health system. Her areas of responsibility include strategic partnerships and affiliations, corporate transactions, innovation, patient care, physician agreements, certificates of need, employment, intellectual property, medical staff, privacy, health IT, telemedicine, academic affiliations, compliance and building new healthcare delivery models. She also provides in house training on a variety of topics related to medical legal issues.
Susan is a member of the State Bar of Georgia, Association of Corporate Counsel, American Health Lawyers Association and the North Carolina Society of Healthcare Attorneys.
Susan earned a bachelor's degree in music at the University of Georgia, magna cum laude, with general honors, where she was a Foundation Fellow. She subsequently earned a master's degree in music at the Southern Seminary in Louisville, Kentucky. Susan earned her Juris Doctor, with honors, from the University of Louisville School of Law. She was recently awarded the Triangle Business Journal 2018 C-Suite Award in the Chief Legal Officer category.
Rosemary G. "Rose" Kenyon is a partner with Smith Anderson Blount Dorsett Mitchell & Jernigan in Raleigh. Throughout her career, Rose has primarily represented employers in all aspects of labor and employment law, including litigation and counseling across a wide variety of industries. Rose has assisted clients during some of their most challenging times, including periods of major restructuring due to business transformations or mergers, significant economic downturns and, most recently, in navigating COVID-19. Prior to joining Smith Anderson, Rose served for many years as in-house counsel for Carolina Power & Light Company (now known as Duke Energy), having served as Deputy General Counsel.
Rose received her juris doctor from the University of Notre Dame Law School and her undergraduate degree from Saint Mary's College, Notre Dame, IN. She is a frequent speaker on emerging employment and labor law trends. Rose has also been active in the North Carolina Bar Association, serving as a past member of the Board of Governors and as past chair of the Women in the Profession Committee, the Strategic Planning and Emerging Trends Committee, and the Dispute Resolution Section. Rose is a Fellow in the College of Labor and Employment Lawyers.
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J. Brandon Neal is Senior Vice President & Deputy Chief Legal Officer for Novant Health in Charlotte. In this role, Brandon manages the Legal Department and supports the Executive Vice President and Chief Legal Officer in all legal functions of the organization, including providing support and partnership for compliance and risk mitigation, as well as internal audit strategies and alignment throughout the organization.
Brandon is very active in community and with philanthropic endeavors, both nationally and locally. Nationally, he serves on the national Board of Trustees of the National Urban League and the board of directors for the Urban Libraries Council. In Charlotte, he currently serves on the board of trustees of the Charlotte Mecklenburg Library, the board of directors of the Charlotte Mecklenburg Schools Foundation and the board of directors of the Bechtler Museum of Modern Art. Neal also serves on the Duke Law Alumni Board (Durham, N.C.). In addition to his board service, he served as a co-chair of the Charlotte Chamber of Commerce's School Bonds Support Campaign, serves as chair of the Unite Charlotte Advisory Council (United Way), serves as a co-chair of Duke Alumni Association (Charlotte), served on the Men's Shelter Charlotte's Capital Campaign Cabinet, and is involved in numerous other community endeavors and fundraising activities.
He received his B.S. degree from the University of North Carolina at Chapel Hill and his J.D. degree from Duke University School of Law.
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Allen T. O'Rourke co-chairs the Cybersecurity and Privacy Practice Group at Robinson Bradshaw and is an IAPP Certified Information Privacy Professional (CIPP/US and CIPP/Europe). He leads cyber investigations, helps clients respond to data breaches, and represents clients facing lawsuits and government investigations arising out of cybersecurity incidents. Allen also provides legal guidance on privacy and data security law as well as digital advertising and analytics.
Before entering private practice, Allen was a cybercrime prosecutor who helped lead the Cyber Unit at the US Attorney's Office in Washington, DC, where he received two Special Achievement Awards for his work to combat cybercrime.
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Shannon B. Ralich holds the position of Associate General Counsel, Senior Director of Privacy, at Zendesk.
Shannon is a Board Certified Specialist in Privacy and Information Security Law by the North Carolina State Bar and is a Fellow of Information Privacy, Certified Information Privacy Manager, and Certified Information Privacy Professional (CIPP) E and US.
Shannon is Co-Chair of the International Data Privacy Committee of the Privacy and Data Security Section and Council Member of the Corporate Counsel Section of the North Carolina Bar Association, past Co-Chair of the CLE Committee of the Corporate Counsel Section of the North Carolina Bar Association, a Co-Founder of a STEM nonprofit organization, and past Triangle Business Journal 40 under 40 Leadership Award winner.
Shannon holds a J.D. from North Carolina Central University evening program and a Bachelor of Science from Nova Southeastern University.
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Brian J. Smith is an associate in the Chicago office and a member of the firm's antitrust, competition & trade regulation practice group. He focuses his practice on complex civil and criminal litigation, government enforcement, and white-collar criminal defense, particularly in the areas of antitrust, cartel, and trade regulation.
Brian defends clients in federal and state courts, principally in matters involving the Department of Justice and federal antitrust class actions, against allegations of price-fixing, market allocation, bid rigging, and customer allocation. He also has experience in conducting internal investigations for major domestic and international corporations in response to Department of Justice and state attorneys general investigations and grand jury subpoenas premised on the same conduct. In this role, he has participated in the preparation of investigation reports, the interviewing of senior executives, and the management of complex international electronic-discovery collection, review, and production.
Brian is a member of the Antitrust Section of the American Bar Association, Chicago Volunteer Legal Services, and the Hemingway Society. He received his B.A. degree, summa cum laude, from Illinois State University in 2006, his M.A. degree from Dartmouth College in 2009 and his J.D. degree, cum laude, from Northwestern University Pritzker School of Law in 2015.
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Kathryn F. "Kathy" Twiddy is Vice President, US General Counsel for Mayne Pharma Inc., a pharmaceutical company headquartered in Melbourne, Australia. An experienced public and private company General Counsel, Kathy has significant experience in mergers and acquisitions, complex corporate and technology transactions, intellectual property, corporate governance and compliance, employment law, international transactions, and healthcare law. Previous, to Mayne Pharma, she was a corporate partner with the firm of K&L Gates. Previous, to K&L Gates, Kathy held senior in-house roles with other healthcare and technology companies, including serving as Senior Vice President, General Counsel of Misys Healthcare Systems; Chief Legal Officer, Corporate Secretary and Chief Compliance Officer of M*Modal Inc. (formerly NASDAQ: MODL); General Counsel, Corporate Secretary and Chief Compliance officer of LipoScience, Inc. (formerly NASDAQ: LPDX), and Vice President, Senior Associate General Counsel of Quintiles.
