EBE 2023

ELEVATING BLACK EXCELLENCE N

T WORK SESSION DESCRIPTIONS

SESSION #201

PRIVATE EQUITY, CROSS BORDER TRANSACTIONS AND TRENDS

The economic slow down has a significant impact on M&A deal volume and on terms. This expert panel will explore:

• The current state of deal volume and expectations for the future, especially based on macroeconomic concerns.

• Changes in deal terms and operating covenants since the pandemic and what is likely to stick longer term.

• Regulatory, geopolitical, and compliance considerations that are affecting dealmaking.

• Changes in the due diligence process since the pandemic.

• Other major trends affecting private equity and cross-border transactions.

SESSION #202

FINTECH: CRITICAL TRENDS

This session will explore major FinTech trends, with particular focus on the legal framework for the regulation of payments and lending in the US. Panelists will look at:

• Trends in the types of FinTech enterprises emerging and regulatory implications.

• Key areas of focus for financial institutions, including current legislative and regulatory developments around CBDC, stable coin, and crypto.

• FinTech, crypto/digital currencies, and alternative payment mechanisms.

• New forms of banks (e.g., payment charters, industrial loan companies, special purpose depository institutions) and acceptance within the banking community.

SESSION #203

CRYPTOCURRENCY LEGISLATION AND WEB 3.0 ISSUES FOR ALL IN-HOUSE COUNSEL

Panelists will examine key provisions of the Digital Commodities Consumer Protection Act (DCCPA) which aim to:

• Close regulatory gaps by requiring digital commodity platforms to register with the CFTC.

• Require digital commodity platforms to prohibit abusive trading practices, eliminate or disclose conflicts, maintain sufficient financial resources, have strong cybersecurity, protect customer assets, and report suspicious transactions.

• Require digital commodity platforms to adhere to advertising standards and disclose risks.

• Authorize the CFTC to impose user fees on digital commodity platforms

• Direct the CFTC to examine racial, ethnic, and gender demographics of participants in digital commodity markets and use that information to inform rulemaking.

• Recognize that other financial agencies have a role in regulating digital assets.

ELEVATING BLACK EXCELLENCE N E T WORK SESSION DESCRIPTIONS

SESSION #301 PRODUCT LIABILITY & MASS TORTS

This panel of expert product liability attorneys will offer insights on recent developments and trends in product liability and tort litigation. For example, in the past panelists discussing product liability and mass torts touched on:

• New developments in the criteria for class certification in class action lawsuits.

• Evidentiary requirements at the class certification stage.

• Federal preemption, especially in areas such as pharmaceutical mass tort litigation.

• Tracking indemnification provisions in contracts and allowances in state statutes.

• Litigation funding and docket management strategies.

SESSION #302 CLASS ACTION TRENDS

Panelists will examine trends related to class actions. They will explore topics such as:

• Post-pandemic-related class actions

• Recent legislative and case law developments the Ending Forced Arbitration of Sexual Assault and Sexual Harassments Act, jurisdiction defenses, and arbitration/mass arbitration developments

• International class actions

• Consumer class actions

• Class actions arising at the state level, especially California

SESSION #303 WHITE COLLAR INVESTIGATIONS

The Biden administration has brought an enforcement mindset and committed resources to white collar investigations. With this in mind, panelists will explore:

• Trends related to insider trading cases and accounting fraud investigations.

• What is happening in investigation and enforcement of crypto and cyber fraud matters.

• Effects of Monaco’s (DAG) announced changes to DOJ’s charging decisions.

• Other areas of focus for the DOJ and SEC.

• What needs to be on the radar of GCs, companies and partners at law firms.

• The importance of compliance to avoid or minimize investigations.

ELEVATING BLACK EXCELLENCE N

T WORK SESSION DESCRIPTIONS

MINIMIZING

SESSION #401

LITIGATION

EXPOSURE FROM ESG DISCLOSURE REQUIREMENTS

In this session panelists will focus on proactively minimizing high-risk claims. The session will cover:

• What nuclear verdicts are and why they have risen.

• Techniques to identify high-risk claims early and prevent escalation.

• Effective management of litigated claims to avoid a nuclear verdict.

• Elements of a jury trial and how to select the right jury.

• How to suggest a verdict number and still get a defense verdict.

• A case study of a real nuclear verdict trial from voir dire to closing arguments.

• And everything else you need to know about minimizing litigation exposure.

SESSION #402

RESTRUCTURING ISSUES IN A CHALLENGING

ECONOMIC CLIMATE

The challenging economic climate brings unique restructuring issues. This session will focus on the most important issues and will address:

• Basic principles of debt restructuring or recapitalization in the 2022-2023 economic climate.

• Understanding tactical issues around restructuring.

• The ability to anticipate contractual issues.

• Recent trends in bankruptcy litigation.

• Debtors’ increased use of Plan Support Agreements at the outset of Chapter 11 cases, and its effect on contentious proceedings.

• Inter-creditor disputes and the import of intercreditor agreements to protect junior/subordinated creditors’ rights.

SESSION #403

THE PSYCHOLOGY

OF INVESTIGATIONS

During the past three years concerns have grown regarding regulatory proceedings and investigations. This panel will explore:

• Panelists will explore what factors are driving more regulatory investigations.

• Topics to be looked at include data protection, ESG, multi-jurisdictional issues and regulatory changes.

• Panelists will look at particular sectors and industries that are most concerned with

investigations, including financial institutions and energy, as these industries rank regulatory investigations as their single greatest disputerelated concern.

• International investigations, particularly in Europe.

ELEVATING BLACK EXCELLENCE N E T WORK SESSION DESCRIPTIONS

SESSION #501

LEGAL ISSUES RELATED TO SUPPLY CHAIN

A year ago, supply chain disruptions related to the war in Eastern Europe dominated the discussion. In this session, panelists will explore:

• Ongoing supply chain impacts and legal issues related to the war in Ukraine.

• The impact of international sanctions on sales and supplies.

• The need to stay abreast of and comply with sanctions.

• Exercising diligence to manage supply chain risks holistically.

• Forced labor concerns under UFLPA.

• Cybersecurity and Section 889 compliance.

SESSION #502

NAVIGATING PRIVACY IN A PERILOUS WORLD

Few issues receive as much attention as privacy. This panel will look at privacy issues by focusing on:

• 70 pending shareholder derivative lawsuits related to privacy and cyber lapses.

• Two recent SEC proposed cybersecurity rules (one for broker dealers and advisors; another for public companies), that focus on transparency and compliance with privacy laws.

• Data breaches which in 2021 cost the global economy $6.1 trillion and are estimated to cost $10 trillion by 2025.

• Global regulatory focus around ad tech and the lack of comprehensive US policy.

• U.S. jurisdictions with privacy laws to watch: California, Virginia, Colorado, and Utah. As well as 20+ states with privacy bills in the legislature.

SESSION #503

ANTITRUST: CREATING STRATEGIES TO RESPOND TO RECENT REGULATORY AND POLICY INITIATIVES

A year ago, the most significant antitrust concerns surrounded stepped up criminal antitrust enforcement focus on labor markets. This topic remains a top priority.

This panel will explore what has changed in the past year and strategies organizations must create to respond to recent regulatory and policy initiatives. Panelists will look at:

• Developments in criminal antitrust enforcement including the labor markets and under Section 2 of the Sherman Act.

• Recent developments in merger enforcement, including FTC and DOJ policy changes.

• The latest federal antitrust legislative reform proposals.

• Other matters impacting antitrust.

ELEVATING BLACK EXCELLENCE N E T WORK SESSION DESCRIPTIONS

SESSION #601

FEDERAL AND STATE ENFORCEMENT TRENDS

2021 was a year of transition for white-collar criminal and regulatory enforcement as courthouses reopened, trials resumed, and newly-installed heads of law enforcement authorities reset priorities in the first year of the Biden administration.

This panel will look at federal and state enforcement trends including:

• SEC and DOJ priorities.

• Action related to cybersecurity, digital assets, ESG, SPACs, and retail markets

• What actions boards and companies should be taking to prepare, such as updating policies and procedures

• Areas of regulatory scrutiny for specific industries, such as financial institutions, oil and gas, mining, and more.

• Specific risks for public companies.

SESSION #602

COPYRIGHT & TRADEMARK TRENDS

There is a great deal of activity impacting copyright and trademark trends, much of it dealing technologies such as social media, the metaverse, and NFTs.

In this session, panelist will discuss major copyright and trademark trends in these areas and more. They will look at:

• Copyright and trademark issues affected by social media, such as licensing rights.

• Legal issues related to the metaverse including interoperability and protections.

• Issues involving NFTs.

• The Andy Warhol case on “fair use”

• Other new frontiers and trends for copyright and trademark issues.

SESSION #603

PATENT LITIGATION TRENDS

In patent litigation, venue remains a hot topic, as the Eastern and Western Districts of Texas are the most popular forums for patent infringement lawsuits. Local rules that promote rapid litigation of even complex cases, low success rates for defendants, and high success rates for plaintiffs have made these venues strike fear into companies.

The discussion with patent litigation experts will focus on:

• What is going on with patent litigation in Texas?

• How can companies mitigate the risks if a case in Texas?

• What do attempts at regulation, including at the Federal level, mean for venue or patent cases?

• Does this have implications for other types of IP litigation, including trademark and copyright cases?

ELEVATING BLACK EXCELLENCE N E T WORK SESSION DESCRIPTIONS

SESSION #701

IP ISSUES IN THE METAVERSE: PROTECTION, JURISDICTION AND ENFORCEMENT

The metaverse is a new and rapidly evolving environment. This session will explore:

• What the metaverse is and how it works.

• NFTs and Web3.

• How brand owners can protect their brands in the metaverse, including relevant current cases.

• Protecting inventions and copyrights in the metaverse.

• Jurisdiction and enforcement of IP property rights and other challenges in the metaverse.

SESSION #702

IRS ENFORCEMENT ACTIVITIES FOR CORPORATE TAXPAYERS

This panel will look to answer, “What are the IRS’ enforcement priorities over the next five years?” Panelists will shed light on:

• The historic focus of IRS investigative time, which includes various types of tax fraud, cyber crimes, and more.

• Likely future IRS priorities, which aim to support optimization of the collection process.

• Fraud specifically related to Covid-19.

• The need for individual and corporate taxpayers to reexamine their compliance efforts and proactively address any outstanding issues.

• Cryptocurrency tax compliance.

SESSION #703

CREATING SUSTAINABLE BEHAVIORS THAT WILL COMBAT NUCLEAR VERDICTS

A key litigation trend is the rise of astronomical nuclear verdicts. In this session, expert litigators will explore:

• What nuclear verdicts are and examples of recent verdicts.

• The many factors driving the rise of these verdicts, which include growing mistrust in large corporations, increases in third-party litigation funding, and savvy legal strategies from plaintiffs’ attorneys.

• Specific actions that GCs and companies can take to rein in nuclear verdicts and mitigate their risk, including reassessing their risk profile and modifying policies and practices to prevent claims from ever arising.

• Creating sustainable behaviors that combat against nuclear verdicts and which change the narrative about corporations.

ELEVATING BLACK EXCELLENCE

N E T WORK SESSION DESCRIPTIONS

SESSION #801

NAVIGATING EMPLOYMENT LAW ISSUES

In looking at employment law issues, no topic is hotter right now than pay equity. With that in mind, this panel of labor and employment attorneys will examine:

• Implications of the newly effective New York City’s pay transparency law, and similar laws in other jurisdictions, including California, Colorado, and Washington.

• Various transparency and reporting obligations related to pay.

• Likely employment law issues in the year ahead.

SESSION #802 ESG AND ACTIVISM

Few topics are getting more attention in board rooms than ESG. This panel will explore multiple topics related to ESG including:

• Leading ESG practices.

• Increased regulation, governmental scrutiny, and disclosures, as well as what regulators are focused on.

• Shareholder activism.

• Governance and public scrutiny.

• How to educate your board and what committees should have direct oversight of ESG.

• Racial audits – should you do one proactively?

• The anti-ESG movement, how “right” leaning states are slowing ESG down... and how companies are stuck in the middle.

SESSION #803

AVOIDING REVERSE DISCRIMINATION CLAIMS

In recent years companies have been focused on creating and executing meaningful DE&I programs to diversify their workforces. But there have been setbacks, including significant verdicts in reverse discrimination claims.

In this session panelists will explore:

• Recent jury verdicts related to reverse discrimination claims.

• Settlement trends in this area.

• Proactive steps to minimize liability for claims.

• Specific strategies that in-house counsel can take to advance DE&I while protecting their company from reverse discrimination claims.