1 MINIMIZING RISK AND SOLVING PROBLEMS ALFA INTERNATIONAL EASTERN GREAT LAKES REGIONAL CONFERENCE Hosted by the ALFA International Law Firms of the Eastern Great Lakes Region October 9-10, 2012 Renaissance Cleveland Hotel -
2 MINIMIZING RISK AND SOLVING PROBLEMS ALFA International Eastern Great Lakes Regional Conference October 9-10, Renaissance Cleveland Hotel - The ALFA International law firms in the Eastern Great Lakes Region are proud to present this seminar, Minimizing Risks and Solving Problems. At this seminar, representatives from business and industry and their legal partners will explore the special challenges and risks facing companies and corporate counsel in this time of increasing government regulation and economic uncertainty. Topics that will be covered include the latest trends in E-discovery, EEOC enforcement and litigation, the risks and concerns that keep corporate counsel awake at night, business immigration and cross border issues, and developments in the Foreign Corrupt Practices Act. We look forward to seeing you in Cleveland! Timothy P. Murphy Program Co-Chair, 2012 Eastern Great Lakes Regional Conference HANCOCK ESTABROOK, LLP Syracuse, New York Mark A. Eck Program Co-Chair, 2012 Eastern Great Lakes Regional Conference MEYER, DARRAGH, BUCKLER, BEBENEK & ECK, P.L.L.C. Pittsburgh, Pennsylvania Hosted by the ALFA International Law Firms of the Eastern Great Lakes Region Carter, Conboy, Case, Blackmore, Maloney & Laird, P.C. Albany, NY Damon Morey LLP Buffalo, NY Fasken Martineau DuMoulin LLP Toronto, ON, Canada Frantz Ward LLP Cleveland, OH Hancock Estabrook, LLP Syracuse, NY Meyer, Darragh, Buckler, Bebenek & Eck, P.L.L.C. Pittsburgh, PA Plunkett Cooney Detroit, MI TUESDAY, OCTOBER 9, 2012 REGISTRATION Registration for the conference will be available at the Women s Initiative Reception and at the Rock & Roll Hall of Fame Dinner 5:30 p.m. 6:30 p.m. WOMEN S INITIATIVE COCKTAIL RECEPTION The reception will take place at the offices of Frantz Ward LLP, located in Key Tower at 2500 Key Center, 127 Public Square. Transportation from the hotel to the Frantz Ward office and the Rock & Roll Hall of Fame dinner event will be provided. Women attendees are invited to make connections with their ALFA counterparts, share information about their practices, discuss issues pertinent to women in the practice of law, and have some fun at this special cocktail reception. Please join the women ALFA International attorneys and corporate counsel for a meetand-greet before the dinner. Women s Initiative Practice Group Hosts: Rebecca J. Bennett Janet D. Callahan HANCOCK ESTABROOK, LLP Syracuse, New York Colleen C. Murnane Lexington V. Wolff MEYER, DARRAGH, BUCKLER, BEBENEK & ECK, P.L.L.C. Pittsburgh, Pennsylvania
3 7:00 p.m. 10:00 p.m. GET READY TO ROCK! WELCOME COCKTAIL RECEPTION & DINNER AT THE ROCK AND ROLL HALL OF FAME AND MUSEUM Please join us at the Rock and Roll Hall of Fame and Museum for a welcome cocktail reception and dinner to kick-off the program. The Rock and Roll Hall of Fame is a striking, 150,000 square-foot, state-of-the-art building and is the world s first museum dedicated to the living heritage of rock and roll music. Attendees will be able to explore the museum s dynamic interactive exhibits as well as view artifacts and costume displays from the museum s permanent collection. Exhibits showcase specific eras, styles and milestones, as well as highlight the many facets of rock and roll s evolution. We hope to see you there! WEDNESDAY, OCTOBER 10, 2012 All program sessions and meals will take place in the Ambassador Room at the Renaissance Cleveland Hotel. Registration for the seminar will be available during the breakfast buffet and throughout the day. 7:30 a.m. 8:30 a.m. BREAKFAST BUFFET 8:30 a.m. 8:45 a.m. INTRODUCTORY REMARKS Michael J. Murphy Chair, ALFA International Board of Directors CARTER, CONBOY, CASE, BLACKMORE, MALONEY & LAIRD, P.C. Albany, New York Peter S. Marlette Chair, ALFA International Eastern Great Lakes Regional Group DAMON MOREY LLP Buffalo, New York Timothy P. Murphy Program Co-Chair, 2012 Eastern Great Lakes Regional Conference HANCOCK ESTABROOK, LLP Syracuse, New York Mark A. Eck Program Co-Chair, 2012 Eastern Great Lakes Regional Conference MEYER, DARRAGH, BUCKLER, BEBENEK & ECK, P.L.L.C. Pittsburgh, Pennsylvania 8:45 a.m. 9:45 a.m. ON THE CUTTING EDGE OF E-DISCOVERY Don t forget your checklist when you make those critical early decisions which assure successful e-discovery. This panel will make sure you have the correct foundation in place and will also discuss the latest trends and advancements which have the potential to dramatically reduce e-production costs and the court s reactions to these advancements. 9:45 a.m. 10:00 a.m. BREAK Mark A. Eck MEYER, DARRAGH, BUCKLER, BEBENEK & ECK, P.L.L.C. Pittsburgh, Pennsylvania Donald A. Wochna Chief Legal Officer VESTIGE LTD 10:00 a.m. 11:00 a.m. WHAT WILL THEY THINK OF NEXT? EEOC ENFORCEMENT AND LITIGATION INITIATIVES The EEOC is nothing if not up front about their goals and initiatives. We will examine their Strategic Plan for Fiscal Years , the April 2012 Enforcement Guidance and their self-published list of suits to analyze areas of exposure for employers in the coming years. We will also examine the EEOC s efforts at education and outreach and how they may be useful to employers. William J. Decaire & Michael J. Murphy s CARTER, CONBOY, CASE, BLACKMORE, MALONEY & LAIRD, P.C. Albany, New York T. Merritt Bumpass, Jr. Theresa Smith Lloyd PLUNKETT COONEY Detroit, Michigan Kristin Foran Labor and Employee Relations Counsel CLIFFS NATURAL RESOURCES
4 11:00 a.m. 11:15 a.m. BREAK 11:15 a.m. 12:15 p.m. WHAT KEEPS CORPORATE COUNSEL AWAKE AT NIGHT? Corporate Counsel do not have the luxury of leaving their jobs behind when they leave the office at night. There are significant issues that never go away and inevitably pop up at the worst possible times: compliance, misuse of social media, protecting the company s reputation, never-ending labor and employment issues, managing major litigation, dealing with and/or reversing some misguided decisions or policies made by their predecessors, and delivering bad or unpopular news to the CEO or the Board. Our experienced panel will share some war stories on the difficult issues that always seem to arise. Peter S. Marlette DAMON MOREY LLP Buffalo, New York Timothy P. Murphy HANCOCK ESTABROOK Syracuse, New York Alan S. Korman Vice President General Counsel and Corporate Secretary COLUMBUS MCKINNON CORPORATION Buffalo, New York Kathleen S. Esposito Vice President & U.S. General Counsel INFIGEN ENERGY Dallas, Texas Ilah Adkins Vice President and Director of Legal Services CHARTER ONE AND RBS CITIZENS FINANCIAL GROUP Kathleen McCarthy Managing Director and Head of Litigation RBS AMERICAS Stamford, Connecticut 12:15 p.m. 1:15 p.m. LUNCH 1:15 p.m. 2:15 p.m. WHAT IS THE PURPOSE OF YOUR VISIT? A PRACTICAL DISCUSSION OF COMMON U.S. AND CANADIAN BUSINESS IMMIGRATION ISSUES IN CROSSING THE BORDER. Immigration has always been a complex area of the law. However, in recent years, we have seen more complexities arise with an increased focus on border protection and job security. In this section, our panel of immigration law experts will discuss situations that highlight some of the more common scenarios that U.S. and Canadian business people encounter when they seek to cross the border for legitimate business reasons. 2:15 p.m. 2:30 p.m. BREAK Robert Cosman FASKEN MARTINEAU DUMOULIN LLP Toronto, ON, Canada Jill Apa DAMON MOREY LLP Buffalo, New York Gilda Villaren FASKEN MARTINEAU DUMOULIN LLP Montreal, QC, Canada Michael Kessel President and CEO CLEVELAND CLINIC CANADA Toronto, ON, Canada 2:30 p.m. 3:30 p.m. FOREIGN CORRUPT PRACTICES ACT NAVIGATING COMPLIANCE For any company doing business abroad, the importance of a genuine and effective Compliance and Ethics Policy related to the Foreign Corrupt Practices Act (FCPA) cannot be overstated. A thorough, proactive compliance program provides companies with significant benefits, both external and internal. In fact, recent decisions by the DOJ and SEC demonstrate that the government expressly considers whether a company maintains a strong compliance program in considering whether to bring an FCPA enforcement action. We will review key requirements, enforcement trends and lessons learned to help you build and navigate your compliance framework. Brett K. Bacon Patrick F. Haggerty Patrick M. Barrett, Esq. Senior VP & General Counsel R.L. POLK & COMPANY Detroit, Michigan 3:30 p.m. ADJOURNMENT
5 WHAT IS ALFA INTERNATIONAL? ALFA International is a network of independent law firms. ALFA International s membership is comprised of 145 international law firms (85 U.S. based firms, 60 non-u.s. based firms) employing over 9,000 lawyers and 10,000 other legal professionals. Member firms are located in nearly every U.S. state as well as in Canada, Mexico, Europe, Latin America, South America, Southeast Asia, Africa, Australia and the Pacific Rim. ALFA International s basic objective, accomplished through its member firms and their activities, is to improve the quality and efficiency of legal services and to provide those services to clients within a reasonable and value oriented cost formula across jurisdictions around the world Polk is a global company that gathers and analyzes automotive related data to create solutions for all parts of the auto industry. As General Counsel and head of Business Development, Mr. Barrett is heavily involved with Polk in expanding its business into the rest of the world. Polk currently has offices throughout the US and Canada, South America, Europe, Japan, China and Australia. Prior to coming to Polk, Mr. Barrett practiced with the Detroit ALFA International firm of Plunkett Cooney for 25 years, specializing in the representation of lawyers and judges in litigation and disciplinary matters. Mr. Barrett was a shareholder and member of the board of directors at Plunkett Cooney. FACULTY BIOS ILAH ADKINS is Vice President and Director of Legal Services for Charter One and RBS Citizens Financial Group. She is responsible for litigation across the RBS-CFG footprint. She works with business units to provide advice and resolution on legal issues, and conducts pre-litigation dispute resolution. Adkins areas of focus include commercial real estate, restructuring litigation and class action lawsuits. She joined the bank in 2002 as a Law Clerk and was promoted to Attorney after passing the Ohio State Bar Exam in Prior to joining Charter One, Adkins was the Human Resources Director at ServiceTime LLC and a law clerk for a local law practice. JILL A. APA is Special Counsel at Damon Morey LLP, in the firm s Labor & Employment Department, where she practices exclusively in the area of U.S. Immigration Law. Jill has focused her practice in the field of U.S. Immigration Law since An accomplished writer, Jill has been a regular author for Bender s Immigration Bulletin, a nationally circulated Immigration Law resource. She also has written numerous legal articles for local and national publications, including the American Immigration Lawyers Association. Jill also is credited with editing and revising Immigration Law chapters for The Homeland Security Deskbook and The Immigration Law and Procedure Desk Edition, both published by Mathew Bender/Lexis. Jill earned her J.D., With Distinction, from Ohio Northern University s Claude W. Pettit College of Law in 1997 and is licensed in the states of New York and Ohio. BRETT K. BACON is a founding partner in the ALFA International law firm of Frantz Ward LLP and a graduate of Northwestern University School of Law. His practice concentrates on litigation and litigation advice, including insurance issues, transportation accidents and claims, general negligence, and all types of business disputes. His insurance practice includes life, health, disability and general liability matters. He practices in the state and federal courts of Ohio and adjoining states and lectures on various litigation and defense topics. He is a member of DRI and the Federation of Defense and Corporate Counsel. PATRICK M. BARRETT has been SVP of Business development and General Counsel at R.L. Polk & Co since T. MERRITT BUMPASS, JR. is a founding partner in the ALFA firm Frantz Ward LLP. Mr. Bumpass represents employers in federal and state courts, federal and state administrative agencies, arbitration proceedings and in collective bargaining negotiations. In addition, he counsels employers on a wide variety of employment matters, including union campaigns. His practice is focused on Labor and Employment and Litigation. ROBERT COSMAN is a partner in the Toronto office of the Canadian law firm Fasken Martineau DuMoulin LLP. He has appeared as counsel in the Ontario Superior Court of Justice, the Ontario Court of Appeal, the Federal Court of Canada Trial and Appeal Divisions, and the Supreme Court of Canada. Robert regularly assists clients on cross-border litigation disputes. He has litigated over 250 cases in the courts and before public tribunals and international arbitration panels on a wide range of legal matters. He is a graduate of Loyola College and the University of Toronto Faculty of Law. Robert has been a guest lecturer and panelist on litigation and arbitration at professional conferences, Canadian law schools and international bar association meetings. WILLIAM J. DECAIRE is a partner of the Albany, New York ALFA International
6 firm of Carter Conboy. Mr. Decaire is an experienced litigator, successfully handling lawsuits in federal and state courts, as well as before administrative tribunals, arbitration panels, state agencies, professional associations, and municipal boards. He represents a wide range of clients, including individuals, manufacturers, contractors, municipalities, publicly and privatelyheld corporations, small and large businesses, and not-for-profit agencies. Mr. Decaire is experienced in civil litigation, construction law, business and commercial law, labor and employment law, health care law, professional and product liability, and trucking and transportation law. He provides litigation services and counseling to his clients regarding risk management, dispute resolution, best practices, and mitigation of future liability. He is a graduate of the State University of New York at Oswego and Albany Law School. MARK ECK is an attorney in the Pittsburgh, PA ALFA member firm of Meyer, Darragh, Buckler, Bebenek & Eck, P.L.L.C. He is a graduate of Notre Dame and the University of Pittsburgh School of law. He has extensive trial experience and concentrates today on complex commercial and serious personal injury matters including product liability, toxic tort and related matters. Mark also is a certified arbitrator and mediator with the AAA and has an extensive ADR practice. KATHLEEN ESPOSITO is the Vice- President of Legal and General Counsel of Infigen Energy, a leading developer, owner and operator of renewable energy generation with interests in wind farms across Australia and the United States. Ms. Esposito has more than 13 years of private practice and in-house legal experience involving energy, banking, transaction, and regulatory work. Prior to joining Infigen, she served as corporate counsel to several major U.S. energy companies in support of energy trading, transactional, and regulatory affairs matters. KRISTIN FORAN is Labor and Employee Relations Counsel for Cliffs Natural Resources Inc., an international mining and natural resources company. She joined Cliffs earlier this year and is responsible for the labor and employment matters for the global operation, which includes handling all state and federal charges as well as employment or labor related litigation. Prior to joining Cliffs, Ms. Foran spent eight years at YRC Worldwide Inc., a Fortune 500 company and one of the largest transportation service providers in the world, where she served in various roles including Labor Employment and Litigation Counsel. PATRICK F. HAGGERTY is a founding partner of the Cleveland, Ohio law firm of Frantz Ward LLP. Mr. Haggerty has been practicing for over 25 years and has served as national coordinating counsel for several companies that manufacture consumer items. He has extensive experience as lead trial counsel in federal and state courts across the country. He advises companies on issues involving the Foreign Corrupt Practices Act and other compliance issues. His clients range from Fortune 500 to closely held corporations. He has been named as one of Ohio s Super Lawyers, is AV rated by Martindale Hubbell and has lectured across the country on various trial related issues. A graduate of McGill University, Mr. Haggerty was a director of several social service agencies before enrolling in night school and becoming a lawyer. MICHAEL A. KESSEL, MBA, CPA president and CEO of Cleveland Clinic Canada, is an executive with 20 years of experience in strategy, finance, operations and entrepreneurial activities. In addition to his work at Cleveland Clinic Canada, Mr. Kessel plays an active role on the board of the Heart and Stroke Foundation of Ontario and is a member of the International Chief Executives in Canada Committee of the Conference Board of Canada. Mr. Kessel is also an active member of Young Presidents Organization and serves on the Upper Canada chapter New Member Committee. Prior to joining Cleveland Clinic Canada, Mr. Kessel was Co-founder and Vice President of Business Development and Finance for the Center for Partnership Medicine at Northwestern Memorial Hospital /Trio Health in Chicago. Mr. Kessel was also Finance Manager and then Interim Finance Director for Cardinal Health Medical Products and Services, a manufacturer of medical, surgical and laboratory products in Illinois. Additionally, he was Co-founder and the Chief Financial Operations Officer for Ignition State Group, LLC, a web strategy and development firm based in Chicago. As President and CEO of Cleveland Clinic Canada, Mr. Kessel oversees the operations of the Canadian facility, as well as program development, medical staff recruitment and operational efficiency. ALAN S. KORMAN is Vice President, General Counsel and Secretary for Columbus McKinnon Corporation. Columbus McKinnon Corporation is a leading worldwide designer, manufacturer, and marketer of material handling systems and services, which efficiently and ergonomically move, lift, position, or secure material. From 1994 until January 2011, Mr. Korman served in various senior executive positions of responsibility at Ivoclar Vivadent, Inc., including Vice President, General Counsel and Secretary, and President of Pentron Ceramics, Inc., a whollyowned subsidiary. Prior to joining Ivoclar Vivadent, Mr. Korman was engaged in private practice at the law firm of Nixon Peabody LLP. THERESA SMITH LLOYD is a partner in the Michigan ALFA International law firm of Plunkett Cooney, where she chairs the firm s Labor & Employment Law Department. Ms. Lloyd represents employers in state and federal court and in administrative proceedings in the defense of employment discrimination lawsuits, wage and hour claims, and
7 other employment matters. Additionally, Ms. Lloyd assists in developing and implementing labor relation strategies, drafts employee contracts, non-compete agreements, and employee manuals. Her practice also includes providing training on best practices for hiring, discipline, termination, and sexual harassment. She lectures extensively on labor and employment matters. PETER S. MARLETTE is the Managing Partner of the Buffalo, New York ALFA International member firm Damon Morey LLP. A graduate of Dartmouth College and Georgetown University Law Center, Mr. Marlette devotes a substantial portion of his practice to the defense of high exposure products liability and toxic substance litigation. He also represents corporations in large commercial litigation and arbitrations both domestically and internationally. He is a Fellow of the Litigation Counsel of America, sits on the Board of Directors of ALFA International, is listed as a Best Lawyers in America, New York Super Lawyers, and Western New York s Who s Who in Law, and was named in 2012 as one of the Most Influential People in Western New York by Business First of Buffalo. KATHLEEN MCCARTHY is a Managing Director and the Head of Litigation at RBS Americas where she has responsibility for consumer and investment banking and capital markets litigation. Before joining RBS in late 2011, she spent more than ten years at Citigroup Global Markets Inc, where she was a Managing Director and Associate General Counsel. At Citigroup, she represented the bank in litigation, arbitrations and regulatory matters involving its capital markets business, broker-dealer and investment bank. Kathleen began her legal career as a litigation associate at Kirkland & Ellis LLP. She received her BA with honors from Northwestern University and her JD with honors from The University of Chicago Law School. MICHAEL J. MURPHY is a partner of the Albany, New York ALFA International firm of Carter Conboy. Mr. Murphy is a trial attorney handling complex litigation with an emphasis on employment law. He maintains an active trial practice in state and federal courts as well as before the EEOC and the New York State Division for Human Rights. He is regularly retained by leaders in business, government and the professions to represent their interests in sensitive, high profile litigation and investigations. Mr. Murphy is currently Chair of ALFA International and Past President of the Northern District of New York Federal Court Bar Association. He is a graduate of the State University of New York at Oswego and Albany Law School. TIMOTHY MURPHY is a partner and member of the Executive Committee of the Syracuse, New York ALFA International firm of Hancock Estabrook,LLP. Mr. Murphy is a trial lawyer with 23 years of experience representing clients in state and federal court in a wide variety of litigation, including cases involving commercial disputes, healthcare defense, motor vehicle accidents, premises liability, product liability, and toxic torts. He recently successfully represented Syracuse University Head Basketball Coach Jim Boeheim in the swift dismissal of a defamation lawsuit in which the plaintiffs were represented by celebrity attorney Gloria Allred. GILDA VILLARAN practices corporate immigration law with the Canadian law firm of Fasken Martineau DuMoulin LLP. She assists clients in the international relocation of executives and highly qualified personnel, which includes obtaining business visas and temporary work permits in Canada or abroad, permanent resident status in Canada and Canadian citizenship. Concerning temporary work permits, her practice focuses on NAFTA and regulatory-based exemptions allowing fast-track procedures for intra-company transferees, professionals or other skilled workers. Gilda earned her Bachelor s in Civil Law from the Catholic University of Peru in Lima, Peru and her LL.M and J.S.D. degrees from Yale Law School in New Haven, Connecticut. She settled in Canada in 1994 and was called to the Quebec Bar in She is based in her firm s Montreal office but handles business immigration matters for the Toronto office and other offices of the firm as well. DONALD A. WOCHNA is the Chief Legal Officer for Vestige Ltd. Since 1999, he has been a pioneer in the application of Computer Forensics to the practice of law. Mr. Wochna combines his 30 years as a practicing attorney with his experience in the Computer Forensics and Digital Investigation fields as a testifying expert in federal and state court, civil and criminal matters. Mr. Wochna is helping attorneys and IT professionals recognize and respond to the legal and technical issues related to discovering facts that have been created, processed, stored, or hidden by electronic means. He is responsible for creating the protocols used by Vestige to extract evidence in civil discovery matters, internal investigations, and criminal defense matters. He is a frequent CLE speaker on the subject of Computer Forensics and the law. He is active in a number of organizations such as NOITR (Northeast Ohio IT Roundtable), Computer Forensic Tool Testing subdivision of NIST, Metropolitan Crime Clinic, and multiple bar associations and divisions. In 2005, Mr. Wochna accepted his appointment to the Board Of Directors of the Institute of Computer Forensic Professionals.
8 PROGRAM INFORMATION MEETING LOCATION Renaissance Cleveland Hotel 24 Public Square Cleveland, OH Tel: (216) Fax: (216) REGISTRATION Please contact your ALFA International Attorney to register for this program. CONTACT ALFA INTERNATIONAL ALFA International 980 N. Michigan Ave. Suite 1180 Chicago, IL Tel: ALFA (2532) Fax: PROGRAM CONTACT Jessica Zaroski ATTENDANCE IS OPEN ONLY TO MEMBERS OF ALFA INTERNATIONAL AND THEIR INVITED GUESTS. HOTEL INFORMATION The ALFA International Room Block Rate is $ per night, single or double occupancy. The deadline for obtaining a room reservation at the ALFA International rate is September 16, After that date, or once the block is filled, reservations will be made based on hotel availability and at a rate determined by the hotel. It is possible that all rooms in the ALFA block will be reserved before the deadline so please REGISTER EARLY. Hotel reservation requests are submitted by completing the online seminar registration process. Please contact your ALFA International attorney to register. ATTIRE The attire for the educational sessions and for the dinner at the Rock & Roll Hall of Fame & Museum is business casual. CLE CREDIT ALFA International certifies that this program has been approved for 5.0 hours of General CLE credit in the States of Illinois and California. Credit in the state of Ohio is currently pending.