9th Corporate Counsel Institute: Best Practices – Hot Topics

8:30 – 9:15 a.m. Welcome and Breakfast

Yamicha Stephenson, Esq., Section Chair

Deloitte Transactions and Business Analytics LLP

9:15 – 10:30 a.m. Employment and Labor Law

This panel will discuss the following topics:

                                  • Remote Working: More Nuanced Than You Think;

                                  • NLRB Update: Fasten Your Seatbelts!;

                                  • Coming into View: DE&I and ESG; and

                                  • Other recent hot topics.

1.5 MCLE Credits in Areas of Professional Practice

10:30 – 10:40 a.m. Break

10:40 – 11:30 a.m.  Don't Post That: Disclosure Requirements for Brand Influencers

As brand and social media influencers continue to grow in popularity, limits 

around disclosure and transparency continue to muddy the waters of what 

is and is not permitted in New York and around the country. From 

infringement and copyright issues to developing the right policies and 

training, this interactive presentation will uncover best practices for 

businesses with respect to their digital marketing campaigns, and enable 

participants to move forward more confidently as they seek differentiation 

in an increasingly digital marketplace.

1.0  MCLE Credit in Areas of Professional Practice

11:30 – 11:40 a.m. Break

11:40 – 12:55 p.m. Ethics and Privilege Issues Confronting Inside and Outside Counsel

This program is designed to help business lawyers do their jobs better and

faster while fulfilling their ethical obligations and professional 

responsibilities. The program will focus on the ethical expectations of the 

corporate client as well as systems and practices to promote ethical 

conduct within a corporation and between inside and outside corporate 

counsel. The panelists will identify significant ethics and privilege 

challenges which delivery of corporate legal services presents and will 

show business lawyers how to select and implement strategies which 

address those challenges.

1.5 MCLE Credits in Ethics

12:55 – 2:30 p.m.    Lunch

                                  Featuring:

                                  Special remarks by Attorney General Letitia James, 67^th Attorney General for the

State of New York

                                  Keynote Address: Marshall S. Huebner, Esq., Co-head of Restructuring, Davis Polk &

Wardwell LLP and Lead Counsel for Purdue Pharma

"Reflections on the Purdue Pharma Bankruptcy"

2:30 – 3:20 p.m. NYS DFS Cybersecurity Enforcement Actions

In March 2017, the New York State Department of Financial Services implemented the Cybersecurity

Regulation, Part 500 of Title 23 of the New York Code, Rules and Regulations. Additional

implementation time was granted for multiple provisions, and the regulation was not fully in

effect until March 2019.

To date, NYDFS has announced four cybersecurity enforcement actions, three of which have resulted

in Consent Orders in 2021. The ongoing investigation into First American Title Insurance Company,

one of the largest providers of title insurance in the United States, was the first announced by

NYDFS in July 2020, and has resulted so far in two amended and extended Complaints as well as a

tentative hearing date now in January 2022.

This session will provide a briefing on the NYDFS Cybersecurity  Regulation, discuss these NYDFS

enforcement actions, and explore how Information Governance and other cybersecurity policy-

oriented practices could help mitigate or remediate matters under the facts alleged in the ongoing

case.

1.0 MCLE Credit in Areas of Professional Practice

3:20 – 3:30 p.m. Break

3:30 – 4:20 p.m. Compliance Hot Topics

This panel will focus on the cryptocurrency industry and highlight recent  regulatory compliance

trends, discuss key considerations for maintaining an effective governance framework and

complying with anti-money laundering requirements, and best practices for crypto firms to

consider.

1.0  MCLE Credit in Areas of Professional Practice

4:20 – 4:30 p.m. Break

4:30 – 5:20 p.m. Diversity on Corporate Boards

This panel will discuss the business behind diversity within corporate boards and having a board

that reflects its customers and employees. The panelists will go over Nasdaq’s Board Diversity Rule,

the corporate board recruitment process and what makes an attractive candidate. 

1.0  MCLE Credit in Diversity, Inclusion and Elimination of Bias

5:20 p.m. Adjournment

Corporate Counsel Section Chair

Yamicha Stephenson, Esq., Deloitte Transactions and Business Analytics LLP, New York, NY

9th Corporate Counsel Insitute Planning Committee:

Anne S. Atkinson, Esq., Pryor Cashman LLP, New York, NY

Mitchell F. Borger, Esq., Ellenoff Grossman & Schole LLP, New York, NY

Robert L. Haig, Esq., Kelley Drye & Warren LLP, New York, NY

Naomi K. Hills, Esq., GlaxoSmithKline, New York, NY

Steven G. Nachimson, Esq., Office of Legal Affairs Westchester Medical Center, Valhalla, NY

Howard S. Shafer, Esq., Shafer Partners LLP, New York, NY

Sanoj Stephen, Esq., Sotheby's International Realty, New York, NY

Yamicha Stephenson, Esq., Deloitte Transactions and Business Analytics LLP, New York, NY