Select 2020: Senior In-house Counsel Conference

Programme

Select 2020 agenda

Segment 1: 9:30 – 10:15

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Brexit – Looking to the future

A panel discussion covering multiple industry sectors, considering the future relationship with the EU, what the UK's legal & regulatory framework might look like. What does this mean for commercial activity in the UK and what opportunity is there to influence future trading relationships?

Susan Bright (moderator), Lourdes Catrain, Rachel Kent, Jane Summerfield, Andrew Eaton

Class & Collective actions: the European front

A number of high profile issues, such as diesel gate, has driven the introduction of new collective action procedures in many countries across Europe. They have also led to the EU proposing a Directive on representative actions as part of its New Deal for Consumers. In the meantime claimant lawyers continue to find practical solutions to bringing mass tort claims.  In the UK, businesses face fully fledged opt out class actions for competition claims and a significant threat of group and representative actions across a wide range of sectors and issues, including automotive, environmental and human rights and, increasingly, for data breaches. This session will look at what’s new in Europe and the UK and how businesses should handle these threats.

Nicholas Heaton, Paul Chaplin, Matthew Felwick

Impact Financing

The profile of impact financing has been growing steadily over the last few years. Driven by investor demand and initiatives such as the UN’s Sustainable Development Goals (SDGs) and the Paris Climate Change Agreement, it is now becoming a core focus of business operations across all financial institutions.  It is now accepted that financial systems could and must change if the SDGs are to be achieved by 2030. Hear from our Impact Financing team to ensure you are aware, and your internal clients are prepared.

Sukhvir Basran, Andrew Carey

Assistant, how do I avoid a product liability claim?

Product development is increasingly bold and exciting. The concepts of connected devices and AI in the home and everyday life have become commonplace. In this session, litigation and product development experts share their top tips for your business to consider when developing a connected product. We focus in particular on product liability and other litigation risks that need to be considered and managed, and share some war stories of recent global cases where liability has been found.

Valerie Kenyon, Elise Martin

Segment 2: 10:20 – 11:05

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Recent contract law developments

A session looking at the practical implications of recent English law cases on topics such as contract interpretation, exclusive remedies, incorporation of terms, waiver, estoppel and force majeure.

Nathan Searle, Oliver Wilson

High seas: Steering the Course II. Navigating bribery and corruption risk in 2020

As multinationals continue to look for growth in turbulent times, many are looking to emerging markets. But although many of these offer great promise, they also bring greater bribery and corruption risk. Our recent survey, Steering the Course II indicated that more than half (53%) of companies surveyed are making risky investments in Africa, Asia and Latin America in order to meet growth targets - it's clear that it is a hard balance to strike. In this session, we'll look at the challenges of AB&C compliance in 2020 and how these can best be met without compromising corporate growth.

Crispin Rapinet, Liam Naidoo

Educating your business on IP – the whys, the whats and the hows

The importance of intellectual property rights to many businesses cannot be understated. You don’t have to be a pharmaceuticals company or a famous clothing brand to own, use or exploit IP. From software to domain names, from brand names to website designs, from databases to marketing materials - it's all IP. Yet, IP remains a dark art for many and particularly those in the business.  Explaining what IP is and why it's important is no easy task, but it's an important one if you want your business to protect and fully realise its assets, and to avoid infringing (inadvertently or otherwise) IP of others. In this session we look at why your business should be educated on IP, what this "education" should cover, and how you might go about it. We will kick off with a presentation, followed by a fire-side chat to share and learn from each other's experiences.

Emily Sharkey, Alexandra Pearson

Making things pay

Will cars, fridges, watches, printers and other moving and non-moving parts of the Internet of Things know value for money when they see it? In this increasingly connected world, payments are a common feature of the billions of devices that interact.  We look at the growth of connected devices, why payments are so important to this growth and where it's all headed.

Roger Tym, Oliver Irons

Coffee

Segment 3: 11:40 – 12:25

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Privilege: What you need to know now

Opening with a brief overview of legal advice and litigation privilege, we explore how recent case law has shaped these concepts and give practical guidance on how best to assert and maintain privilege. We also look at the issue of whether a company can claim privilege against its shareholders.

Jennifer Dickey, Hannah Piper

A Tale of Four Cities: The impact of Brexit on cross-border litigation

This session will look at how Brexit will impact: (i) a litigant’s ability to choose the law that governs a dispute; (ii) the place where that dispute is heard; (iii) how any resulting judgments will be enforced; (iv) practical considerations when drafting disputes clauses in contracts now.

Paul Chaplin, Louis Biggs

Top 5 regulatory risks that could make or break the deal

The ever increasing scrutiny of deals by competition authorities means that in-house counsel need to consider a number of issues when planning for a potential or pending merger transaction. We will look at top 5 risks you need to consider, including the increased enforcement across the globe of gun-jumping, the concerns around “killer acquisitions” and implications of Brexit on UK merger enforcement policy and practice.  We will also discuss best ways to manage these risks.

Suyong Kim, Mark Jones

Digital financial assets and tokenisation

Trends in law and regulation in digital assets and how the regulators and policy makers view them.

John Salmon

Impact of IBOR discontinuation on corporate borrowers/issuers

LIBOR and certain other IBORs are on their way out. These interest rate benchmarks are found in loans, bonds and derivatives as well as in many commercial contracts. This session explains why and when LIBOR, and certain other IBORs, are likely to be replaced, the choice of replacement benchmark rates and how legacy agreements will need to be amended and identifies particular issues for corporates to be aware of.

Andrew Taylor, James Doyle, Susan Whitehead

Segment 4: 12:30 – 13:15

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Mitigating sanctions compliance risks – U.S., EU and UK sanctions obligations

As sanctions laws follow the geopolitical agenda, the sanctions legal landscape is evolving and becoming more challenging and complex than ever before. Increasing protectionist trends mean businesses are generally exposed to greater sanctions risks, operational and oversight challenges, and obligations to comply with sanctions administered by multiple jurisdictions and agencies. Sanctions programmes appear to be moving away from broad embargoes to narrowly targeted prohibitions and specific restrictions that require more sophisticated compliance measures. Regulatory scrutiny and expectations are increasing as evidenced by escalating fines and penalties, joint actions involving multiple federal, state, and local regulators, and high-profile enforcement cases. This session will focus on practical solutions on how to manage compliance with different sanctions regimes effectively.

Aline Doussin, Lourdes Catrain, Aleksandar Dukic

Net Zero: what does it mean for your business?

Has your business made, or is it considering making, commitments towards lowering carbon emissions and becoming 'Net Zero' at some point in the future? This session will look at the science of what being Net Zero means in practice, the general political and regulatory framework around Net Zero and its current trajectory, as well as the potential risks and issues that could arise in making such commitments.

Valerie Kenyon, Marion Palmer, Simon Keen

Cybersecurity legal risk – what you need to know now

Please join us for a lively panel discussion on what organisations and service providers need to know about cybersecurity and cyber incident preparedness. The panel will examine the key challenges that companies face before, during, and after a cybersecurity attack, including cybersecurity preparedness, incident response, notification requirements, and litigation and regulatory enforcement risk.

Peter Marta, Arwen Handley, Eduardo Ustaran

Prepared for turbulence?

With uncertainty high, this session will help you prepare for the possibility of challenging economic conditions. Amongst other things we will cover: how to protect yourself against the risk that customers or suppliers will get into difficulty; the Board's responsibilities if financial difficulties arise; disclosure requirements for public companies; investing in, or buying the assets, of a distressed company; how insolvency laws in other key jurisdictions differ from the UK; how big data, the cloud and algorithm based businesses change the financial risk of businesses.

Peter Watts, Joe Bannister, Don McGown, James Maltby

Four weeks and counting: are you ready for IR35 changes?

In April 2020 there will be significant changes to the way in which contractual arrangements involving personal services companies are treated for tax purposes. End user clients will become responsible for assessing whether an individual would be an employee if they had a direct contractual relationship with the client and potentially for deducting tax and NICs from payments.  This session explains the changes and how you can prepare for them.

Ed Bowyer, Fiona Bantock

Lunch: 13:15 – 14:00

Segment 5: 14:00 – 14:45

The Bionic Lawyer Project

'Hitherto the Legal Industry has found itself at an impasse.  Legal departments looking to balance value and expertise; and law firms looking to deliver expertise, balancing messaging around saving costs while offering cutting edge insight.  And what about these new “law companies”; “legal techs”; and “Consultants”?

The Bionic Lawyer Project, initially the brainchild of three legal industry thinkers frustrated with both the impasse and the lack of a road to solution, seeks to create a common, open-source language, set of tools and methodologies.  Through these, all in the industry ("Bionic Lawyers" regardless of professional discipline) can release their potential; be their best selves; collaborate exponentially; and deliver beyond expectation to solve Gold and Silver box problems.

Stephen Allen

The value of diverse perspectives in creating innovative solutions

With compelling evidence showing that diverse thinking in teams leads to the most creative and innovative solutions, this session will explore the nature of Unconscious Bias and how methodologies like design thinking can help ensure quality outcomes for both individuals and teams.

Julie Thomas, Laura Kind, Shawnee Mark

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