Emerging Regulatory Challenges In Corporate America

April 8, 20022:30pm
Skadden, Arps, Slate, Meagher & Flom LLP — Manhattan Office
ABA's Section Of Administrative Law and Regulatory Practice - Corporate Counsel Committee and American Corporate Counsel Association present:
Emerging Regulatory Challenges In Corporate America

Continental Breakfast and Introduction
8:30 – 9:10 a.m.

Internal Investigations: Practical Considerations - New Concerns
9:10 – 10:00 a.m.
  • The SEC recently released a Report listing 13 criteria it considers in deciding whether and how much to reward a company that self-reports, corrects wrongdoing and cooperates with a SEC investigation. In what circumstances should counsel consider recommending that management self-disclose corporate misconduct or wrongdoing to the government?

  • When a corporation suspects employee wrongdoing, how can the company and its counsel avoid the danger of exposing themselves to lawsuits for defamation or other claims when it issues the report of its investigation?

  • In conducting interviews of company employees during an internal investigation, what should the investigating lawyers tell employees, particularly ones that may have some personal exposure to legal liability, if they ask whether they should have a lawyer present and whether the conversation is privileged?

Session Leader:
David B. Fein, Esq.
Wiggin & Dana LLP

Keith D. Krakaur, Esq.
Skadden, Arps, Slate, Meagher & Flom LLP

Alan J. Brudner, Esq.
Director and Legal Counsel for Region Americas, Legal Litigation Section
UBS Warburg

Developments in Labor and Employment Practices
10:00 – 10:50 a.m.

  • What "general duties" under OSHA does an employer have to protect its employees from biological attack?

  • What is your company's anthrax risk zone?

  • Does your company have an emergency action plan that meets FEMA guidelines?

  • In these trying times, if layoffs become necessary, will your company's layoffs be conducted in a manner consistent with anti-discrimination laws and regulations?
Session Leader:
Jay S. Berke, Esq.
Skadden, Arps, Slate, Meagher & Flom LLP

Patrick McCarthy, Esq.
Pitney, Hardin, Kipp & Szuch LLP

Ali I. Saad, Ph.D.
Resolution Economics LLC

10:50 – 11:10 a.m.

Developments in Privacy Law and Policy
11:10 –12:00 p.m.

  • The complex maze of federal and state privacy laws and policies raises the profound risk that a business will be held to inconsistent standards. Should Congress preempt state privacy laws or permit state attorneys general and private litigants to enforce state laws that are congruent with corresponding federal law?

  • Does the increased focus upon consumer privacy as a basic consumer right and the concomitant desire for consistent enforcement of privacy and related consumer protection laws, make it more likely that Congress will permit states to enforce Section 5 of the Federal Trade Commission Act?

  • How will the recent passage, and the future enforcement, of the USA PATRIOT ACT affect, if at all, the privacy initiatives of the FTC and the states?

  • Has the tragedy of 9/11 and the public's response to governmental initiatives to combat terrorism fundamentally altered the consumer privacy agenda? How?

  • Since the passage of the Hart-Scott-Rodino Act over two decades ago, over 60 countries have enacted their own merger control laws, making compliance by international corporations difficult and expensive. What should multinational corporations anticipate in international privacy initiatives over the next ten years?

C. Lee Peeler, Esq.
Federal Trade Commission
Deputy Director, Bureau of Consumer Protection

Robert M. Langer, Esq.
Wiggin & Dana LLP

Buffet Lunch
12:00-12:30 p.m.

New Directions in SEC Policy and Corporate Accountability
12:30 – 1:20 p.m.

Session Leader:
Colleen P. Mahoney, Esq.
Skadden, Arps, Slate, Meagher & Flom, LLP

Professional Ethics and Issues in Corporate Governance
1:20 – 2:10 p.m.

  • Are ethical obligations to employees, including the duty to disclose, enhanced in the wake of 9/11 and the anthrax assaults that followed?

  • How do the new proposed ABA rules affect attorneys' confidentiality obligations and ability to disclose information about the potential criminal activity of clients?

  • How will the recent scandals and dissection of public accounting practices enhance the role of audit committees and will we see changes in corporate ethics enforcement and corporate behavior?

  • Can government promulgate and enforce effective rules to control or improve ethics in companies or accounting firms?
Session Leader:
Jonathan J. Lerner, Esq.
Skadden, Arps, Slate, Meagher & Flom, LLP

James E. Buckman, Esq.
Vice Chairman and General Counsel
Cendant Corporation

Dennis R. LaFiura, Esq.
Managing Partner
Pitney, Hardin, Kipp & Szuch

Questions, Comments and Closing Remarks
2:10 – 2:30 p.m.