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In-House Practice in the Age of COVID-19 (2021 Corporate Counsel Section Annual CLE)

8:55        Welcome and Introductions

9:00        Employment Issues in the COVID-19 Era

Susan G. James, WakeMed Health & Hospitals, Raleigh
Rosemary G. "Rose" Kenyon, Smith Anderson, Raleigh
Kathryn F. "Kathy" Twiddy, Mayne Pharma, Raleigh (Moderator)

Employers are facing a myriad of issues, whether operating on-site or working remotely, in light of COVID-19. Issues include complying with OSHA obligations to provide a safe work environment, conducting health checks in compliance with the Americans with Disabilities Act, considering accommodations for employees in high risk categories or suffering from anxiety, dealing with employees who are parents of school-age children, and facing layoffs/furloughs and pay cuts, among other things. This panel provides practical advice on key issues and share experiences regarding how various organizations have faced these challenges.

10:03      Break

10:10      Cybersecurity Lessons for Corporate Counsel

Allen T. O'Rourke, Robinson Bradshaw & Hinson PA, Charlotte
Shannon Ralich, Bandwidth Inc., Raleigh

Gain technical and legal insights to better enable corporate counsel to identify and address legal issues related to cybersecurity. This session explains key concepts of internet technology and cybercrime, discusses major areas of legal risk related to cybersecurity, and provides tips to help corporate counsel handle such issues effectively. In the process, we draw upon our own experiences helping organizations navigate cybersecurity legal issues in order to share practical lessons and insights.

11:10      Break

11:20      Force Majeure and Other Contractual Issues Raised by COVID-19

Robert E. "Rob" Harrington, Robinson Bradshaw & Hinson PA, Charlotte
Brandon Neal, Novant Health, Charlotte

This session focuses on the various contractual issues raised by COVID-19. Whether or not a contract has adequate protections or remedies to guard against COVID-19 ramifications depends upon how carefully it was drafted. Common contractual issues raised by COVID-19 include interpretations in the areas of force majeure, timely delivery, notice and mitigation, termination/cancellation/rescheduling flexibility, warranty, other key contractual terms which affect costs and dispute resolution.

12:21      Lunch Break

12:50      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.

1:53        Break

2:00        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.

3:00        Break

3:10        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.

4:10        Adjourn

† Indicates portion providing Substance Abuse/Mental Health credit
‡ Indicates portion providing Technology Training credit

Thank you

Thank you for joining us for the rebroadcast of In-House Practice in the Age of COVID-19 (2021 Corporate Counsel Section Annual CLE).

Contributors

  • Matthew A. Cordell

    Matthew A. Cordell is the Senior Information Technology Counsel at VF Corporation, a Fortune 250 company, where he manages a small team focused on privacy law, data security law, and global technology contracting. Matt serves as the founding chair of the NC State Bar's Privacy and Data Security Specialization Committee, the nation's first and only state bar specialization in the practice area. He is certified as a specialist in Privacy and Data Security Law by the NC State Bar, qualified as a Privacy Law Specialist by the International Association of Privacy Professionals (IAPP) and the American Bar Association, and holds both the Certified Information Privacy Professional (CIPP/US) and Certified Information Privacy Manager (CIPM) designations from the IAPP. Before joining VF in 2017, Matt was a shareholder at Ward and Smith, P.A. in Raleigh.

    Matt is a graduate of the UNC School of Law and received his MBA from Campbell University.

    Click here for more information about Matthew.

  • Clara R. Cottrell

    Clara R. Cottrell is senior counsel for compliance and privacy at BASF Corporation in Research Triangle Park, North Carolina. 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 U.S. support on global and regional projects for data privacy and protection issues.

    Clara received 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. A registered patent agent, Clara was in private practice at Smith Moore Leatherwood, now Fox Rothschild, in Greensboro, NC, before joining BASF in July 2013. Clara moved into her current data privacy role in January 2020. Clara continues to volunteer her time with Wake Forest University School of Law as a mentor and as a member of the Rose Council for young alumni. She is also actively involved in the North Carolina Bar Association with the Corporate Counsel Section (past section chair) and the Privacy & Data Security Section (council member), as well as chairing the NCBA CLE Committee and being a member of the NCBA Membership Committee. Clara has been named a 40 Under Forty by The Business Journal, listed as a 2013 Legal Elite Young Guns (Best Under 40) by Business North Carolina and selected to the North Carolina Super Lawyers Rising Star list.

    Clara and her family live in Carrboro, North Carolina, from which they base their many RVing adventures. Her two favorite perks of working for BASF are the global colleagues she interacts with every day and access to the BASF wine cellar in Germany.

    Click here for more information about Clara.

  • Lynn S. Garson

    Lynn S. Garson practices healthcare law at Baker & Hostetler in the firm's Atlanta office. Lynn's 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.

    As chair of the Lawyers Assistance Committee of the State Bar of Georgia, Lynn has been instrumental in developing the "Lawyers Helping Lawyers" Program, a peer assistance program. She is also a member of the Wellness Committee of the American Bar Association and the ABA Wellbeing Pledge Subcommittee. In addition, she has spoken openly and frankly about her recovery in two American Bar Association-sponsored podcasts.

    Lynn graduated from Tulane University with a degree in art history and holds her law degree from Emory University School of Law.

    Click here for more information about Lynn.

  • Robert E. "Rob" Harrington

    Robert E. "Rob" Harrington is a member of Robinson Bradshaw & Hinson PA in Charlotte. Rob litigates complex business disputes. He represents corporate clients in a broad range of contract, 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 frequently defended financial institutions in consumer lending disputes and lawsuits arising from their service as fiduciaries.

    Rob 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 serves 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 annual Power 100 list for 2020.

    Rob received his B.A. degree magna cum laude from Duke University and his J.D. degree with high honors from Duke University School of Law in 1987.

    Click here for more information about Rob.

  • Susan G. James

    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

    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.

    Click here for more information about Rose.

  • J. Brandon Neal

    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.

    Click here for more information about Brandon.

  • Allen T. O'Rourke

    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.

    Click here for more information about Allen.

  • Shannon B. Ralich

    Shannon B. Ralich is with Zendesk in Raleigh. She previously held the position of Associate General Counsel at Bandwidth in Raleigh.

    Shannon is a Board-Certified Specialist in Privacy and Information Security Law, a Certified Information Privacy Professional (CIPP/US and CIPP/E), Certified Information Privacy Manager, is the Co-Chair of the CLE Committee of the NCBA Corporate Counsel Section and Co-Chair of the International Data Privacy Committee of the NCBA Privacy & Data Security Section. She is also a Triangle Business Journal 40 under 40 leadership award winner.

    Shannon received her B.S. degree from Nova Southeastern University and her J.D. degree from North Carolina Central University School of Law.

  • Brian J. Smith

    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.

    Click here for more information about Brian.

  • Kathryn F. "Kathy" Twiddy

    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.

May 6, 2021
Thu 8:55 AM EDT

Duration 7H 15M

This live web event has ended.