2018 ANNUAL MEETING WWW.CPRMEETING.ORG
PERSPECTIVES ON ADR DISPUTE RESOLUTION IN AN INCREASINGLY FRACTURED WORLD MARCH 8-10 | THE WHITLEY IN ATLANTA, GEORGIA (FORMERLY THE RITZ-CARLTON, BUCKHEAD)
MEETING SPONSORS
PERSPECTIVES ON ADR: DISPUTE RESOLUTION IN AN INCREASINGLY FRACTURED WORLD From natural disasters to cyber-attacks to crumbling political accords, risk is on the rise. As a result, the challenges facing global business are increasingly sophisticated, fast-moving and multifaceted. Creating harmony amongst the growing cacophony of unstable fragments is no easy task. For the field of dispute resolution, however, the worst of times can be the best of times. Perspective changes everything. In a seeming chaos, the trained eye of an astute dispute resolver can predict and perceive patterns, identify symmetries and craft solutions. Master practitioners can turn a kaleidoscope of challenges into a coherent whole. Nimble, flexible, private, tailored and speedy – the promises of Alternative Dispute Resolution (ADR) should be used not only to mitigate the cost of disputes, but to prevent them before they even appear. As Alternative Dispute Resolution (ADR) matures into a more widely used and accepted field, it is an ideal moment to reflect upon its evolution and to explore the possibilities of where it can lead. In a reality where taller, stronger walls are being built, how are the tools of the trade well-suited to transform and transcend entrenched, uncivil, fractalized positions? How can we use these skills to foresee and forestall? Where has the purpose and promise of ADR been distorted and how can we re-hone our tools? Join CPR and our esteemed colleagues for the 2018 Annual Meeting as we examine these and other issues and join forces in a partnership to find pathways forward in interesting times.
JOIN US AT THE WHITLEY IN ATLANTA, GEORGIA (FORMERLY THE RITZ-CARLTON, BUCKHEAD) CPR’s 2018 Annual Meeting promises to be the latest in a series of exceptionally engaging events. Once again, meeting panelists and participants will include an outstanding group of General Counsel, leading practitioners, noted academics and jurists, and experts international arbitrators and mediators. We look forward to seeing you at The Whitley in Atlanta, Georgia (formerly The RitzCarlton, Buckhead)!
Noah Hanft President & Chief Executive Officer Register today at WWW.CPRMEETING.ORG
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DAY 1: THURSDAY, MARCH 8, 2018
7:00 am - 8:00 am
Networking Breakfast 8:00 am - 8:05 am
Welcome Remarks Carlos M. Hernandez, Chairman Chief Legal Officer, Secretary Fluor
8:05 am - 8:15 am
President & CEO Address Noah J. Hanft President, CEO The International Institute for Conflict Prevention & Resolution
8:15 am - 10:00 am
Keynote Mediating Conflict Set in Stone with Hon. Layn Phillips: The Confederate Monuments Debate
Mediator Hon. Layn Phillips Phillips ADR
Moving beyond the hypothetical, this live keynote mediation session will tackle the highly-controversial and sensitive subject of Confederate monuments, including Stone Mountain.Are these monuments a “glorification of white supremacy” or an important reminder of American history? Should they be demolished, contextualized or left alone?
Renowned mediator and CPR Board Member Hon. Layn R. Phillips will work with parties who hold differing positions through a live mediation session. This keynote provides a rare opportunity to witness a virtuoso mediator in action. Risky and rewarding, conference attendees will see the tools of ADR as they are skillfully applied to a real-world dispute involving entrenched positions and deeply-felt convictions. Skilled mediation facilitates movement, enables parties to better understand their options and helps build a mutually beneficial and sustainable agreement – and uses techniques that are easily applicable to the most difficult challenges presented in resolving commercial disputes. Party-Speakers include: Sheffield Hale, President and CEO Atlanta Historical Society Derreck Kayongo, CEO
Center for Civil and Human Rights
Kevin Foster, CEO Business Ethics Advisors Icey Johnson Atlanta Public Schools Rodney Mims Cook, President, The National Monuments Foundation Richard Whitner Harry Norman
Mediation Advocates: Hon. Timothy K. Lewis Former United States District and Circuit Judge Of Counsel at Schnader Harrison Segal & Lewis Amanda Saunders Phillips ADR Denise Shaw The Shaw Group
10:15 am - 11:15 am
Session 1: Prevention is the New Resolution: Next-Generation Practices, Solutions and Tools As corporations become increasingly sophisticated, they are looking further upstream – not just at early detection and assessment, but at methodologies aimed to prevent disputes before they arise. From newfangled contractual dispute prevention language, to from-the-start techniques such as standing, hovering and on-call neutrals, this discussion will focus on how companies and counsel are practicing preventative dispute management. How does one inculcate a culture of compliance? What are companies doing to train and prepare teams to identify and remedy budding disputes? This panel explores how dispute prevention is mechanized and maintained. Moderator: Noah J. Hanft CPR Institute
DAY 1: THURSDAY, MARCH 8, 2018
Speakers:
Joan Stearns Johnsen University of Florida Levin College of Law Scott S. Partridge Vice President, Global Strategy Monsanto Company Peter H. Rosenbaum Jenner & Block James Masterson Mastercard
11:15 am - 11:25 am
Coffee Break Stretch your legs, refill your mugs and take a moment to meet meeting attendees. 11:25 am - 12:25 pm
Session 2: Tracked Sessions 2A: Resolutions in the Wake of Disaster: Fire, flood, famine. The rising impact of natural disaster and political upheaval cannot be ignored. How are practitioners using ADR to mitigate costs and help to bring business stability in chaotic times?? Moderator: John M. Sylvester K&L Gates LLP Speakers: Vijay Bondada Duke Energy Erin Gleason Alvarez Gleason Alvarez ADR Kenneth E. Ryan Wiley Rein LLP Steven J. Antunes AEGIS Insurance Services, Inc.
Tracked Session 2B: ADR in the Wake of the #MeToo Movement: What is the future of mandatory arbitration and mediation of sexual harassment claims in the workplace? Leading representatives of corporate
defense, plaintiffs’ bar and government agencies will discuss the impact the #MeToo movement is having on the arbitration and mediation of sexual harassment claims brought by employees and explore creative ways companies can use ADR to resolve these disputes without sacrificing the ability of victims to stand together, the accountability and justice the #MeToo movement has shown is necessary to end the prevalence of sexual assault and harassment in the workplace. Moderator: Sarah E. Bouchard Morgan, Lewis & Bockius LLP Jennifer S.Bullock Morgan, Lewis & Bockius LLP
Speakers: Lisa J. Banks Katz, Marshall & Banks, LLP Diane F. Dann Mastercard
Joseph B. Farrell Latham & Watkins Clinton J. Smith Alternative Dispute Resolution Coordinator US Equal Employment Opportunity Commission (EEOC) Atlanta District Office
12:25 pm - 1:40 pm
Lunch: CPR Diversity Task Force Luncheon
The Time Is Now: Change Won’t Happen Unless We Make It Happen John Kiernan, President of the New York City Bar Association and former Chairman of the Board of CPR, will interview the Co-Chairs of the CPR Diversity Task Force – Judge Tim Lewis (Ret.) and Judge Shira Scheindlin (Ret.). They will discuss the current standing of minorities and women in ADR, how to achieve target goals for increasing their participation in ADR, implicit bias and what can be done to counteract and eliminate these biases, and the role and responsibility of clients and their counsel in selecting neutrals. They will also talk of their own experiences and then engage in an interactive conversation with all attendees as to how we can, together, move from talk to action and ensure equal opportunities for all qualified neutrals.
DAY 1: THURSDAY, MARCH 8, 2018
Speakers:
Speakers:
Hon. Timothy K. Lewis Former United States District and Circuit Judge Of Counsel at Schnader Harrison Segal & Lewis
Chiann Bao Skadden, Arps, Slate, Meagher & Flom LLP
Hon Shira A. Scheindlin Former United States District Judge Of Counsel Stroock & Stroock & Lavan
Marcelo Roberto Ferro Ferro, Castro Neves, Daltro & Gomide Advogados
John S. Kiernan Partner, Debevoise & Plimpton LLP
Nancy Lesser Pax ADR LLC
Launch of the New CPR Mediation Guide
Edna Sussman SussmanADR LLC
1:45 pm - 2:40 pm
Session 3: Regulatory Upheaval: NAFTA, Brexit & Renegotiations
Maurice J.H. Kuitems Fluor Corporation
Moderator: Mark A. Cymrot Baker & Hostetler LLP
Speakers: Ralf Lindbäck Wärtsilä Corporation Eloïse Obadia International Investment Law Practitioner Liz Snodgrass Three Crowns Robert Wisner McMillan LLP
3:45 pm - 5:00 pm
Session 5: Master Mediators: Virtuosos in Action There is no better way to learn the best mediation tactics than to observe seasoned veterans plying their trade. Moderator: Jana Litsey Senior Executive Vice President General Counsel and Secretary The Huntington National Bank
Speakers: Kenneth R. Feinberg The Law Offices of Kenneth R. Feinberg, PC Eric D. Green Resolutions, LLC
2:45 pm - 3:45 pm
Session 4: Why Don’t Arbitrations Settle? Data show that court proceedings are more likely to settle in advance of trial than arbitrations. This panel examines that phenomenon and the reasons for it and considers whether there are ways to modify the arbitral process to enhance the likelihood of the ultimate ADR tactic: settlement. Moderator: John J. Buckley, Jr. Williams & Connolly LLP
Hon. Layn R. Phillips Phillips ADR Linda R. Singer, Esq. JAMS and CPR Neutral
6:00 pm - 7:00 pm
Cocktail Reception 7:00 pm - 9:00 pm
Inspiring Innovation Award Dinner Honoring ExxonMobil and Eugene Silva, Counsel, International Disputes Group.
DAY 2: FRIDAY, MARCH 9, 2018 7:00 am - 8:00 am
Networking Breakfast
Moderator: Micaela R.H. McMurrough Covington & Burling LLP
8:10 am - 9:05 am
Keynote Ambassador Andrew Young Chairman, Andrew J. Young Foundation
9:10 am - 10:30 am
Session 6: Business Roundtable: General Counsels’ Perspectives on ADR in an Increasingly Fractured World General Counsel from the world’s leading corporations discuss what is on their minds and where they see the future of dispute prevention and resolution.
Speakers: Stephanie Cohen Independent Arbitrator Hagit Muriel Elul Hughes Hubbard & Reed LLP Robert L. Levy Exxon Mobil Corporation Sen. Saxby Chambliss DLA Piper
Moderator: Kenneth A. Gallo Paul, Weiss, Rifkind, Wharton & Garrison LLP
12:00 pm - 1:15 pm
Lunch – CPR Awards Ceremony Speakers: Norman M. Brothers, Jr. Senior Vice President, General Counsel and Corporate Secretary UPS Pilar Ramos General Counsel, North America MasterCard Teresa Wynn Roseborough Executive Vice President General Counsel and Corporate Secretary The Home Depot Thomas J. Sabatino, Jr. Senior Vice President, General Counsel Law & Regulatory Affairs Aetna, Inc.
10:30 am - 11:00 am
Coffee Break 11:00 am - 12:00 pm
Session 7: Cybersecurity & Dispute Resolution ADR is not immune to the menace of cyber threats. Companies will spend more than $100 billion dollars on cybersecurity in 2020. How can we stay ahead of this fast-changing game?
1:15 pm - 2:15 pm
Session 8: Tracked Sessions 8A: Innovative Construction Projects: Lessons from Atlanta’s Biggest Buildings: This year’s location for the annual meeting, Atlanta, Georgia, is located in a region bustling with construction activity and related complex contracts. This panel session will focus on four innovative projects located in the Atlanta region, and how those projects have dealt with
“This is just a quick ‘thank you’ note for the terrific work you did to make the 2015 CPR Annual Meeting in San Diego a tremendous success. From my perspective as an attendee, the programs were terrific (as usual), and all of the logistics (meetings, meals, accommodations, etc.) functioned very smoothly indeed. Every detail was anticipated and addressed, and the entire conference was thoroughly enjoyable. Thanks to each of you for all the effort you made to make this another memorable CPR event.” Raymond G. Bender Arbitrator and Mediator
DAY 2: FRIDAY, MARCH 9, 2018
risks, disputes, and challenges. The Battery/Suntrust Park is a unique concept project that combines a new stadium for the Atlanta Braves with a mixed use entertainment destination, and is redefining the suburban neighborhood where it is located. The Mercedes Benz Stadium is a world class facility that is not only home to the Atlanta Falcons but high-profile events, including the 2018 BCS Championship Game. Plant Vogtle represents the only nuclear power facility currently being constructed in the United States, and is continuing under construction despite controversial cost overruns. The former Olympic Track Stadium that was converted to be the Home of the Atlanta Braves, affectionately referred to as “The Ted” for Ted Turner field, has now been acquired by Georgia State University and will be redeveloped as the home of the GSU Panthers and incorporated into the university campus. Each of these projects has unique stories, including innovative design elements; complex contract documents; and unique dispute resolution methods. This knowledgeable panel will discuss the projects and their risk strategies with emphasis on methods used by the construction industry for innovative projects that may be relevant across other industries and projects.
disputes, why arbitration is not being used for audit disputes outside of the US, and what it will take to expand the use of arbitration in audit-related service contracts around the world. Moderator: Javier Rubinstein Kirkland & Ellis LLP
Speakers: Abby C. Fiorella Mastercard Steve Young Ernst & Young Jason Klingensmith General Motors Richard A. Martin Deloitte Touche Tohmatsu Limited
Moderator: Jennifer Wheatley Fletcher
Speakers: Kent W. Collier Greyling Insurance Brokerage and Risk Consulting, Inc. Annalisa Bloodworth Oglethorpe Power Corporation Bharath Parthasarathy Georgia State University
8B: Utilizing Arbitration to Resolve Audit-Related Disputes Around the World: Arbitration is ideally suited for the resolution of audit-disputes between companies and their external auditors, just like many other types of commercial disputes. Indeed, arbitration clauses are commonly used in engagement letters between US companies and their external auditors. However, arbitration is not commonly used for the resolution of audit-related disputes outside of the US, even by companies that regularly utilize arbitration for their other commercial contracts. This panel will discuss the suitability of arbitration for audit-related
2:20 pm - 3:20 pm
Session 9: Ethics & ADR: Telling Tales Out of School: What Can You Say and What Really Happens All participants in international arbitration are aware that there are frequently obligations to keep the process confidential, pursuant to either the governing arbitral rules, agreement of the parties or the law of the arbitral seat. In addition, potential arbitrators generally have duties of confidentiality to their clients regarding work that the arbitrators may need to disclose in the appointment process. This highly interactive session will seek to explore the precise contours of these duties of confidentiality. “CPR excels at helping companies like ours find and use the right tools to avoid or resolve disputes in a proactive, strategic way.” Steve Aeschbacher Former Associate General Counsel Microsoft Corporation
DAY 2: FRIDAY, MARCH 9, 2018
Moderator: Joseph E. Neuhaus Sullivan & Cromwell LLP
Speakers: C. Mark Baker Norton Rose Fulbright
Speakers: Vanessa Alarcon Duvanel White & Case LLP Adwoa Ghartey-Tagoe Seymour Cox Enterprises Alberto Ravell ConocoPhillips
Richard F. Ziegler Jenner & Block Frances E. Bivens Davis Polk & Wardwell LLP
3:20 pm - 3:40 pm
Coffee Break 3:40 pm - 4:55 pm
Thank you to Sidley Austin LLP for sponsoring this Program.
The Program is also supported by Y-ADR (CPR’s Young Attorneys in Dispute Resolution), AtlAS Young Practitioners Group and YAWP (Young Arbitral Women Practitioners).
Session 10:Effective Dispute Resolution Clauses: Perspectives on Drafting Do’s & Don’ts This panel will address the important choices that must be made when drafting an effective dispute resolution clause, including whether to include prearbitration steps such as mediation, whether to choose non-administered or administered arbitration, how the arbitral tribunal shall be selected and how to reduce time and cost of the dispute resolution process. You will gain insights and practical advice from both inhouse counsel and international arbitration practitioners, including critical do’s and don’ts when drafting arbitration clauses. While this panel is geared toward younger lawyers, we welcome practitioners at all stages of practice. We hope to have an interactive discussion with the attendees, so please come with questions and innovative ideas to contribute to the dialogue! Moderators: Dana C. MacGrath Sidley Austin LLP Natalie L. Reid Debevoise & Plimpton LLP
5:00 pm - 7:00 pm
Cocktail Reception & Presentation of The Y-ADR Award 7:30 pm - 9:00 pm
Offsite Dinner
“CPR is particularly valuable to a company like VISA for a variety of reasons. First, it brings together a lot of stakeholders, from outside counsel to inside counsel, academics and experts in the field to develop a complete set of tools and resources for those of us who are engaged in trying to avoid conflict. If and when conflict does happen, CPR helps you deal with it in the best way possible.” Kelly Tullier Executive Vice President, General Counsel, and Corporate Secretary, VISA
DAY 3: SATURDAY, MARCH 10, 2018 9:00 am - 10:00 am
Keynote Robert J. Grey Jr. President, Leadership Council on Legal Diversity Senior Counsel [Retired] Hunton & Williams LLP
Chatham House Rules: “When a meeting, or part thereof, is held under the Chatham House Rule, participants are free to use the information received, but neither the identity nor the affiliation of the speaker(s), nor that of any other participant, may be revealed”. Moderator:
10:00 am - 12:00 pm
Brunch & Conversation: Perspectives on Improving Dispute Resolution “What do you really think?” In this relaxed, intimate setting CPR will facilitate a frank, honest discussion of how we can all work to improve dispute resolution. Brunch attendees will have the opportunity to submit written questions that will be curated and posed to the general counsel of two major Fortune 500 corporations by a skilled moderator. We delve into the nitty gritty of what is working and where ADR is headed in this intimate, confidential setting.
R. William (Bill) Ide Dentons
General Counsel: Janet Langford Carrig Senior Vice President Legal, General Counsel and Corporate Secretary ConocoPhillips Craig Glidden Executive Vice President and General Counsel General Motors Co.
2018 ANNUAL MEETING CHAIR Charles R. Morgan The Morgan Group
2017 ATLANTA STEERING COMMITTEE Sarah B. Biser Fox Rothschild, LLP Mary Beth Cantrell Amgen Inc. Mark A. Cymrot Baker & Hostetler LLP James Freeman Allen & Overy LLP Craig B. Glidden General Motors
Shelby R. Grubbs Atlanta Center for International Arbitration and Mediation
Joan Stearns Johnsen University of Florida Fredric G. Levin College of Law
Jonathan Haag FTI Consulting
John S. Kiernan Debevoise & Plimpton LLP
Randall F. Hafer Kilpatrick Townsend & Stockton LLP
C.J. Mahoney Williams & Connolly LLP
Stephen P. Younger Patterson Belknap Webb & Tyler LLP
Robert Particelli Hewlett Packard Enterprise
Richard F. Ziegler Jenner & Block LLP
Noah J. Hanft CPR Institute Barrett K. Hawks Barrett Hawks, Esq.
M. Darren Traub Akerman LLP Mark Wasserman Eversheds Sutherland
William R. Poplin, Jr. Kilpatrick Townsend & Stockton LLP
AM18 CLE Credits: This program has been approved for a maximum of 15.5 New York CLE Credits. This course is non-transitional, appropriate for experienced attorneys only. The CPR Institute has been certified by the New York State Continuing Legal Education Board as an Accredited Provider of continuing legal education in the State of New York [Reaccreditation Pending]. CPR is a nonprofit organization. Under financial hardship guidelines, at its discretion, CPR may waive the fee for attorneys who demonstrate that they are not currently employed (not retirees). CPR may also provide a special discounted price to attorneys, full-time judges and administrative law judges practicing in the nonprofit and public sectors full time. E-mail info@cpradr.org for more information.
REGISTRATION & VENUE
Full Registration Fees
Venue and Accommodations
CPR Member:
CPR’s 2018 Annual Meeting will be held at The Whitley in Atlanta, Georgia (formerly The Ritz-Carlton, Buckhead). Enjoy the comforts of Southern Hospitality and the luxury of five-star accommodations at this unique hotel, located in downtown Buckhead, Atlanta’s trendiest neighborhood. Winner of innumerable awards, including the U.S. News & World Report’s “Best Hotels in the USA—2016”, The Whitley is just minutes from the finest dining, shopping, and culture that Atlanta has to offer. It also boasts a one of a kind full-floor Wellness Level, complete with a Relaxation Lounge and a suite of spa treatments. Experience the rich sense of place that this hotel brings to the smart sophistication of five star hospitality– or step outside into one of the swankiest neighborhoods in the Southern United States.
Early Bird Rate* Standard Rate
$1,295 $1,595
Non-Member: Early Bird Rate* Standard Rate
$1,595 $1,995
CPR Neutral: $1,570 For Spouse/Guest registration, please contact zchanin@cpradr.org. *Early Bird Rate ends on January 16, 2018.
One-Day Rate CPR Member: Early Bird Rate* Standard Rate
$695 $895
Non-Member: Early Bird Rate* Standard: CPR Neutral:
$895 $1,095 $850
For Spouse/Guest registration, please contact zchanin@cpradr.org. *Early Bird Rate ends on January 16, 2018. Y-ADR Special Rate: Attorneys who are 45 years old or younger or those with less than eight years of professional experience: $500 for a day or $950 for the whole conference. Call Zoe Chanin at +1.646.753.8213 or zchanin@cpradr.org
What Does This Fee Cover Your registration fee includes conference and course book materials; all coffee breaks; Thursday’s breakfast, lunch, cocktail reception and awards dinner; Friday’s breakfast, lunch and cocktail reception; and Saturday’s breakfast. This fee also helps CPR cover the facility and administrative costs related to hosting our Atlantabased Annual Meeting.
For attendees needing overnight accommodations, a block of rooms has been reserved at the special CPR rate of $249 per night plus taxes. This is a significant savings on the standard room rate. Hotel Information: The Whitley, A Luxury Collection Hotel, Atlanta Buckhead 3434 Peachtree Road, NE Atlanta, Georgia 30326 Tel: +1 404 237 2700 *Hotel accommodations and transportation are the responsibility of the attendee. Hotel Reservations: 1) B y phone: Dial +1 404 237 2700 and indicate that you are booking with the CPR Institute for AM18 2) O nline: Follow this link for reservations under CPR’s special rate For CPR assistance with your registration, please contact Lois Miller at ldmeetings@outlook.com. *The last day to receive the special discount rate is February 12, 2018.
2018 ANNUAL MEETING SUPPORTING ENTITIES
INSPIRING INNOVATION AWARD SPONSORS 2018 ANNUAL MEETING SUPPORTING ENTITIES Platinum
Silver
THE WHITLEY IN ATLANTA, GEORGIA (FORMERLY THE RITZ-CARLTON, BUCKHEAD)
International Institute for Conflict Prevention and Resolution 30 East 33rd Street, 6th Floor | New York, New York 10016 Phone: +1.212.949.6490 | Fax: +1.212.949.8859 | info@cpradr.org Register at www.cprmeeting.org