Agenda

Day 1 - Thursday, September 26, 2019

9:30	Conference Registration
10:15	A Note from Our Chair:
10:30	STRATEGY ROUNDTABLE The Finer Points of Responding to Committee Document Requests Amid Privilege, Trade Secret, and Confidentiality Concerns: What It Now Takes to Negotiate Effectively and “Push Back” in the Current Political Climate
11:30	Are Congressional Subpoena Powers Expanding? How They are Now Being Enforced, and Key Differences with Grand Jury and Court Subpoena Powers
12:15	Networking Luncheon
1:15	The Trump Administration’s Challenges to Congressional Subpoenas: Expert Practitioners Share Practical Takeaways
1:45	CRISIS MANAGEMENT THINK TANK The Real-Life of Managing Concurrent Committee, Federal, and State-Level Investigations: Minor Legal and PR Missteps With Major Consequences
3:00	Networking Break
3:15	CRISIS MANAGEMENT THINK TANK Preparing for Congressional vs. Executive Branch Investigations: Fine-Tuning Your Legal and PR Strategy
4:00	Witness Preparation in Practice: The Top 5 Dos and Don’ts for Preparing Senior Executive Witnesses
5:00	LESSONS LEARNED Perspectives on the Knowns and Unknowns of a New Congress: New, Evolving Risks, Investigative Priorities and Special Considerations for In-House Professionals
5:45	Conference Concludes

Day 1 - Thursday, September 26, 2019

9:30	Conference Registration
10:15	A Note from Our Chair: Karen Elizabeth Christian Partner Akin Gump Strauss Hauer & Feld LLP
10:30	STRATEGY ROUNDTABLE The Finer Points of Responding to Committee Document Requests Amid Privilege, Trade Secret, and Confidentiality Concerns: What It Now Takes to Negotiate Effectively and “Push Back” in the Current Political Climate Reginald J. Brown Partner WilmerHale Margaret E. Daum Partner Squire Patton Boggs (US) LLP Former Staff Director at the US Senate Permanent Subcommittee on Investigations and former Counsel on House Oversight Committee Developing a rapport: Negotiating with committee members on scope of public disclosure, privilege, and confidentiality Best practices for preserving confidentiality while cooperating with Congress How to strike the right balance between satisfying a Committee’s request vs. limiting scope of document production or document markings (i.e., confidential information, trade secret, personally identifying information) Addressing in-house counsel concerns regarding the lack of mechanisms to protect a company’s trade secrets Other safeguards that can be put in place when producing documents to Congress How to strategically “push back” without being considered as obstructing justice — and what can cross the line “War Stories”: Concrete examples of effective negotiation and unintentional missteps
11:30	Are Congressional Subpoena Powers Expanding? How They are Now Being Enforced, and Key Differences with Grand Jury and Court Subpoena Powers Michael D. Bopp Partner Gibson, Dunn & Crutcher LLP Addressing Congress’ broad mandate to investigate Legal challenges to the scope and reach of Congressional investigations What is congressional subpoena power based on and how broad is it? What is the process for enforcement of its subpoena power? How are congressional subpoena powers different from grand jury and courts’ subpoena powers? Does Congress have the power to request information located overseas? If so, how to address and mitigate such issues? Have there been challenges against Congressional attempts to access such documents?
12:15	Networking Luncheon
1:15	The Trump Administration’s Challenges to Congressional Subpoenas: Expert Practitioners Share Practical Takeaways Jonathan C. Su Partner Latham & Watkins LLP Andrew M. Wright Partner K&L Gates LLP How successful have Trump administration’s challenges been to congressional subpoenas? Based on the Administration’s efforts, can the scope of congressional subpoenas be challenged successfully? Perspectives on what the future holds for congressional subpoenas and investigations From a practical standpoint, how should clients position themselves and what should they expect going forward?
1:45	CRISIS MANAGEMENT THINK TANK The Real-Life of Managing Concurrent Committee, Federal, and State-Level Investigations: Minor Legal and PR Missteps With Major Consequences Kevin Bailey Partner Brunswick Group Stephen Ryan Partner McDermott Will & Emery LLP Part I: The Most Critical Legal and PR Decisions How to best manage parallel investigations — and what NOT to do: Suggested strategies for effectively coordinating and staying ahead of the game Who should be involved (and who shouldn’t)? Assembling your team, and allocating roles and responsibilities Common missteps and mistakes to avoid Special considerations for mitigating reputational risk Part II: Damage Control: Concrete Examples of Putting out Legal and PR “Fires” Leading advisors from some of the most high profile, complex and high stakes cases will share lessons and guidance that can only be acquired through a wealth of real-world experience. Specific examples of what an effective legal and PR strategy looks like Who should be involved? Who should take the lead? Concrete examples of costly strategic errors — and lessons learned Coordinating the responses between legal and PR: How legal counsel and PR firms can dovetail their respective areas of expertise Addressing the potential tension between a client’s legal and PR departments Working closely with a client’s government and public affairs personnel to ensure a carefully coordinated and comprehensive response
3:00	Networking Break
3:15	CRISIS MANAGEMENT THINK TANK Preparing for Congressional vs. Executive Branch Investigations: Fine-Tuning Your Legal and PR Strategy DeLisa Lay Ragsdale Chief Investigative Counsel U.S. Senate Committee on Finance Joshua G. Berman Partner Clifford Chance US LLP Justin Peterson Managing Partner DCI Group How strategies for resolving congressional vs. executive matters are different Congressional Investigations: engaging with staffers early on to help resolve the matters quickly Executive branch: Navigating the investigation with the goal of preventing eventual charges Differences from a public relations standpoint Effective ways of handling media and PR for each type of an investigation Congressional investigations can become public right away Executive branch investigations may be performed quietly for a long period of time before they become public
4:00	Witness Preparation in Practice: The Top 5 Dos and Don’ts for Preparing Senior Executive Witnesses Robert B. Parmiter Deputy Staff Director & Chief Counsel House Judiciary Committee David J. Leviss Partner O'Melveny & Myers LLP Alicia C. O’Brien Partner Venable LLP Kevin S. Barstow Chief Oversight Counsel, Committee on Energy and Commerce U.S. House of Representatives Effective ways of advising senior executives on how to approach a congressional investigation Examples of what a potential witness can expect when being questioned by a committee or a staff member Addressing ways to handle questions from congressional members asked in ways not asked in previous Congresses Suggested ways for responding to individual Member’s inquiries vs. a Committee’s Addressing the challenges associated being asked about topics unrelated to the original subject of inquiry
5:00	LESSONS LEARNED Perspectives on the Knowns and Unknowns of a New Congress: New, Evolving Risks, Investigative Priorities and Special Considerations for In-House Professionals Samuel R. Ramer Partner Norton Rose Fulbright US LLP William Pittard Partner KaiserDillon PLLC Keeping in mind important lessons from the last Congress, how best to prepare for the new Congress? Specific issues to flag now and how to handle if they should come across your desk Understanding pitfalls and risks posed by minority-led investigations Reasons why not to brush aside letters of inquiry by the Congress minority Benefits of not having letters of inquiry eventually being turned into subpoenas
5:45	Conference Concludes