The Massachusetts Bar Association will be holding its 14 Annual In-House Counsel Conference on Thursday, December 1, 2016. The conference will be held from 9 a.m. to 1 p.m., at the Westin Waltham Boston, 70 3rd Avenue, Waltham. As with prior conferences, this year's conference will feature several high-level speakers on topics critical to in-house counsel.
The theme for the 2016 conference is "What Keeps Counsel Up at
Night." This year's theme recognizes that in-house counsel must be
accountable for various legal, risk management and compliance
functions in an ever-changing, and in some ways more dangerous,
environment. There are new threats to companies, and potential
solutions can be complicated. Counsel to an organization must stay
ahead of new risks, new laws and regulations, and areas where
compliance systems are needed. To be effective, in-house counsel
needs access to multiple resources.
The keynote address for the conference will be delivered by Lon
Povich, chief legal counsel in the Office of the Governor of
Massachusetts. We expect Mr. Povich will give us his insights on
counseling from the inside in private and public organizations.
Conference attendees will also hear reflections on the recent
elections presented by John Weinfurter of Capstone Consulting.
In-house counsel must guide companies in a changing regulatory
environment. Contrary to conventional wisdom, the government is not
allowing companies, large or small, to get away with civil or
criminal wrongdoing. The conference will feature an expert panel,
moderated by Conference Co-Chair Christopher Collins of Mirick,
O'Connell, DeMallie & Lougee LLP, that will discuss the
increasing compliance burdens, responsibilities and legal exposure
placed on American business, with an emphasis on just how serious
law enforcement has become to hold companies and individuals
accountable for violations of the law. The panel, which will
include Karen Bell, assistant U.S. attorney; Edward Seksay, general
counsel, Rockland Trust; and Kenneth Pickering, Mirick, O'Connell,
DeMallie & Lougee LLP, will cover the need for creating and
maintaining a compliant corporate culture. Challenges of internal
investigations will be discussed, along with best practices on the
sharing of case management responsibilities between in-house and
outside counsel. Finally, the panel will discuss some of the unique
challenges of the attorney-client privilege in the corporate
setting.
Another area of concern relates to increasing threats to data
and information systems. Conference Co-Chair Robert Kerwin will
moderate a panel discussion regarding current cybersecurity
threats. The panel will address best practices for data security
and management of cybersecurity risk in today's environment. The
panel will include Daniel M. Lorenzo, assistant general counsel,
Chase Global Financial Crimes; and Jason Avila, IT manager,
Mortgage Master.
There have been several recent developments that affect an
organization's HR functions. The conference will also feature a
discussion of the hottest employment law issues and developments,
including (1) the newly enacted Pay Equity Act and steps that can
be taken now to mitigate the risk and liability associated with pay
equity claims; (2) transgender rights in the workplace, including
complaints raised by co-workers related to choice of restroom
facilities; (3) the now effective salary threshold under the
Department of Labor's Final Rule related to white collar exemptions
under the FLSA and steps to ensure that companies do not run afoul
of FLSA overtime pay requirements; and (4) handling difficult FMLA
and ADA accommodation requests. Bart Metzger, who is the Chief
Human Resources Officer for UMass Memorial Medical Center, Sunila
Thomas-George, who is the longest-standing Commissioner for the
Massachusetts Commission Against Discrimination, and Robert Kilroy
of Mirick, O'Connell, DeMallie & Lougee LLP will share their
thoughts on these topics and other employment topics of
interest.
As in recent years, the conference will include one or more
brief "lightning round" presentations designed to give a quick
report on legal developments that are significant to in-house
counsel. Attendees will hear a presentation regarding the recently
enacted Federal Defense of Trade Secrets Act by Conference Co-Chair
James Donnelly of Mirick, O'Connell, DeMallie & Lougee LLP.
This year's full agenda promises to continue a tradition of
providing, in a half-day conference, a wealth of valuable
information that is responsive to in-house counsel's needs. A
networking luncheon will follow the conference. With a robust
schedule of topics and speakers, we will plan to start the
conference promptly at 9 a.m. More details regarding this year's
conference agenda, and registration information, can be found at
the MBA's website, www.massbar.org.
David A. Parke is a partner with Bulkley, Richardson
and Gelinas LLP of Springfield, and is a co-Chair of the MBA
In-House Counsel Conference.