Agenda

  • Wednesday, February 22
  • Thursday, February 23
  • Friday, February 24
12:00 p.m. - 6:00 p.m.

Event Check-In Open

Princess Ballroom Foyer

1:00 p.m. - 2:30 p.m.

Legal Affairs Council Meeting

By invitation only

Palomino Ballroom 8&9

Sponsored by Sidley Austin

 

3:00 p.m. - 4:30 p.m.

Ethics Session: Ethical Obligations During a Corporate Crisis

Palomino Ballroom 8&9

Sponsored by Sidley Austin

This session will provide specific ethics CLE credits(s) and the content will align with requirements as defined by each state’s CLE guidelines.

Speaker: Sheila Armbrust, Partner, Sidley Austin

5:00 p.m. - 7:00 p.m.

Welcome Reception

Princess Falls

Sponsored by DTO Law and Vorys, Sater, Seymour and Pease

7:00 a.m. - 9:00 a.m.

Event Check-In 

Princess Ballroom Foyer

7:30 a.m. - 8:45 a.m.

Breakfast & Breaks

Princess Ballroom Foyer

Sponsored by Jenner & Block

8:45 a.m. - 9:00 a.m.

Opening Remarks

9:00 a.m. - 9:25 a.m.

Upcoming Priorities of Attorneys General

Former Arizona Attorney General Brnovich will welcome CPG Legal Forum attendees to the Grand Canyon state. Brnovich will discuss his perspectives on consumer protection and public interest priorities, how industry can partner with their state AGs, and applying legal affairs insights whether from private practice or government service.

Speaker: Mark Brnovich, Former Arizona Attorney General

9:25 a.m. - 10:00 a.m.

Leveraging Legal Acumen for Leadership

Chief legal professionals are often tasked with shaping many aspects within a company, ranging from compliance to culture. Hear perspectives from the 82nd Attorney General and Senior Counsel at Covington & Burling, Eric Holder, on how to leverage legal acumen for leadership. As the nation’s former chief legal officer, Eric will discuss winning strategies for litigation, regulatory and public policy as well as emerging social issues and provide practical insights CPG professionals can take back to their companies.

Speaker: Eric Holder, 82nd Attorney General of the United States and Covington & Burling Senior Counsel

10:15 a.m. - 11:00 a.m.

Concurrent Sessions – 

Business Operations: Nothing Ventured, Nothing Gained: The Role of Private Equity in the CPG Industry

Princess Ballroom E

Private equity plays a continually important role investing in and managing the assets of CPG companies of all sizes, from start ups to household names. Hear perspectives on unique operational and transactional dynamics CPG legal teams should be aware of, the interplay of tax and energy provisions in the Inflation Reduction Act and more.

Speakers: Jonathan Cohen, Partner, K&L Gates, Maile Gradison, Partner, Hogan Lovells, and Rahul Ray, Senior Director, Tyson Ventures

Litigation: Prop 65: The Nation State of California

Princess Ballroom F&G

In this discussion, panelists will address several topics related to Prop 65, including updates on current and past cases, first amendment challenges, short-form warnings, changes at OEHHA and how Consumer Brands has engaged. The session will also offer reviews of past rulings, such as preemption, an overview of enforcement actions, the emergence of new litigants and actionable strategies.

Speakers: Jasmine Wetherell, Counsel, Perkins Coie, Maureen Gorsen, Partner, Sidley Austin, and Trent Norris, Partner, Arnold & Porter

Moderated by: Craig Pizer, Vice President and General Counsel, Bimbo Bakeries USA

Regulatory and Legislation: Antitrust in the CPG Industry 

Princess Ballroom D

Domestic and foreign antitrust issues have been top-of-mind for regulators who have been increasingly watchful of transactions amid consolidation in an increasingly complex and integrated supply chain. This session will explore enforcement trends; navigating pricing issues; mitigation of risk with relationships and distribution systems; and how the evolving digital landscape of the supply chain presents competition challenges and opportunities for CPG companies.

Speakers: Bill Stallings, Partner, Mayer Brown and Ryan Tisch, Partner, Crowell and Moring

11:15 a.m. - 12:00 p.m.

Concurrent Sessions – 

 Business Operations: CPG Cyber and Privacy Issues Unwrapped

Princess Ballroom E

Beyond the great products the industry offers, consumer privacy and company data are the most important tools of the trade. Whether you’re purchasing your product from around the world or around the corner, there are important privacy considerations all CPG legal professionals should be mindful up. Our experts will profile the latest developments in privacy law including the FTC proposed rulemaking, cross linking data, adopting measures to keep pace with the ever-changing data security landscape along with practical considerations for CPG companies.

Speaker: David Biderman, Partner, Perkins Coie, and Christopher Leach, Partner, Mayer Brown

Moderated by: Mark Danis, Vice President, Deputy General Counsel, The Clorox Company

Litigation: May Contain Traces of Claims

Princess Ballroom F&G

This session will explore claims vetting for a range of CPG products: how substantiation helps brands prevail on motions to dismiss; ensuring coordination of counsel with marketing and product development teams; frequently litigated claims in the personal care and household cleaning; and a forecast on the FDA’s proposed rule on healthy and how it may shape claim development.

Speakers: Angela Spivey, Partner, Alston & Bird, and Matt Orr, Partner, Amin Talati Wasserman

Regulatory and Legislation: Major Questions on Congressional Deference and Regulatory Agencies – The World After EPA v. West Virginia

Princess Ballroom D

While the Supreme Court’s decision in EPA v. West Virginia is cited as a climate change-focused decision, it also upends decades of administrative law interpretation and Congressional deference. The case noting that “administrative agencies must be able to point to ‘clear congressional authorization’ when they claim the power to make decisions of vast ‘economic and political significance’” could mean many regulations are left vulnerable. This session will explore regulations where clear delegation may spell legal challenges including at the FDA, USDA, OSHA and beyond.

Speaker: Kevin Poloncarz, Partner, Covington & Burling

12:00 p.m. - 1:00 p.m.

Networking Lunch

Princess Plaza

Sponsored by Burford Capital

1:00 p.m. - 1:45 p.m.

Fireside Chat with CPG General Counsels

This panel of new CPG industry general counsels and rising in-house stars will discuss the learning curves they faced in their respective companies. Whether they were already a seasoned in-house attorney, or this was their first exposure to the industry, this group will discuss the unique challenges and opportunities, what keeps them up at night and the next generation of CPG legal priorities.

Speaker: Karen Wilson Thissen, General Counsel and Secretary, General Mills, and Jeanette Knudson, Chief Legal Officer and Secretary, The J.M. Smucker Co.

Moderated by: Cynthia Gibson, General Counsel, Bush Brothers & Company, and Stacy Papadopoulos, General Counsel and SVP, Operations and Initiatives, Consumer Brands Association

2:00 p.m. - 2:45 p.m.

Concurrent Sessions –

Business Operations: Legal Considerations for E-Commerce and the CPG Industry

Princess Ballroom E

With ecommerce approaching 15% of all retail sales and increasing adoption by mobile shoppers, there continues to be unparalleled growth potential as well as legal considerations in the CPG space. Our panelists will look at the regulatory and legal challenges associated with e-commerce including consumer protection, advertising, navigate accessibility and ADA compliance and trademark issues as well as unauthorized sales, utilizing analytics to measure business strategy, customer reviews, how the metaverse is shaping consumer engagement and more.

Speaker: Whitney Gibson, Partner, Vorys

Litigation: Survey Says, Expert Needed

Princess Ballroom F&G

While litigation is as much a battle of wits, law and facts, consumer perception research and having the experts to sort through findings plays a critical role in making your case. This discussion will cover the latest learnings from key federal and state courts, design process and structuring survey questions to avoid bias and strategies for overcoming Daubert challenges with insights applicable regardless of product sector.

Speakers: Dale Giali, Partner, King & Spalding, Jessica Grant, Partner, Morrison and Foerster, and Keri Borders, Partner, King & Spalding

Regulatory and Legislation: Toxicants, Chemicals and Law, Oh My

Princess Ballroom D

Chemicals compose the makeup of everything and present innovative potential for CPG products and packaging as well as the potential risk for CPG companies and their legal departments. This session will explore the legal and regulatory scrutiny of PFAS, benzenes, phthalates and other headline-making chemicals of the last year, detection strategies and site remediation along with analysis of upcoming legislation and regulatory activity on these substances.

Speakers: Martin Hahn, Partner, Hogan Lovells, Scott Faber, SVP Government Affairs, Environmental Working Group, and Sharon Mayl, Partner, DLA Piper

Moderated by: Roberta Wagner, Vice President, Regulatory and Technical Affairs, Consumer Brands Association

3:15 p.m. - 3:55 p.m.

A Sustainable Path for CPG Green Claims

Commitment to sustainability and promotion of environmental benefits is a unifying aspect of the CPG industry, though there continues to be shades of gray on appropriate standards. This session will discuss how to approach sustainability claims, potential updates to the Federal Trade Commission Green Guides, lessons learned from other industries such as textiles and fashion, vetting potential environmental impact and sorting out climate science, public nuisance allegations, preventative measures, best steps with carbon footprints, the SEC climate change disclosure proposed rule and how to leverage the legal department to shoulder reputational challenges.

Speaker: Laura Kim, Partner, Covington & Burling and Kristine Kruger, Senior Counsel, Perkins Coie, and Steve Zalesin, Partner, Patterson Belknap

Moderated by: Alana Sharenow, Vice President, Assistant General Counsel, Keurig Dr Pepper

3:55 p.m. - 4:30 p.m.

Keep Your Friends Close, but Your Plaintiffs’ Counsel Closer

Plaintiffs’ attorneys will discuss their approach to the CPG industry, class plaintiffs, common threads and jurisdictional issues. Our panelists will cover a variety of topics and discuss trends within each of these areas, as well as discuss litigation that is being brought on the class action front and on behalf of organizations. This session will encompass all CPG product sectors and not to be missed.

Speakers: Tim Blood, Managing Partner, Blood Hurst & O’Reardon, and Gillian Wade, Partner, Milstein, Jackson, Fairchild and Wade

Moderated by: Ani Gulati, Chief Litigation Counsel, General Mills

5:45 p.m.

Group Walk to the Networking Dinner

Princess Ballroom Foyer

6:00 p.m. - 9:00 p.m.

Networking Dinner

Copper Canyon

Sponsored by Arnold & Porter, McGuireWoods, Weil

7:30 a.m. - 9:00 a.m.

Breakfast Roundtables

Princess Plaza

Sponsored by Morrison & Foerster

9:00 a.m. - 9:45 a.m.

The Road to 1 First Street NE

Mike Davis will provide an overview of the Supreme Court’s innerworkings, including selecting candidates, vetting, nominating and confirming justices to 1 First Street NE. Mike Davis, the former Chief Counsel for Nominations to Senate Judiciary Chairman Chuck Grassley, is the founder and president of the Article III Project. Davis has served in all three branches of the federal government, including for President George W. Bush, the Justice Department, House Speaker Newt Gingrich and current Supreme Court Justice Neil Gorsuch. Davis also led the outside support team for Justice Gorsuch’s successful confirmation to the Supreme Court.

Speaker: Mike Davis, Founder and President, Article III Project

Expert Perspective: Making Your Case from the 13 to the 9

Cases being considered by the 13 U.S. Courts of Appeal and the Supreme Court bring along potential implications for advertising and marketing practices and other issues that may shape CPG.

Mark A. Perry, Co-Head of Weil’s Appellate practice and a member of the Firm’s Complex Commercial Litigation practice, will provide his perspective on cases on the docket and what they could potentially mean for CPG. He is a veteran Supreme Court advocate and legal strategist who focuses on complex business cases in trial and appellate courts around the United States.

Speaker: Mark Perry, Appeals and Strategic Counseling Co-Head, Weil, Gotshal & Manges

 

10:00 a.m. - 10:45 a.m.

Concurrent Sessions – 

Business Operations: Above Board: Governance Best Practices for the CPG CLO

Princess Ballroom F&G

As CPG companies continue to navigate challenges from supply chain to CSR and ESG, the General Counsel plays an increasingly important role to give top notch advisory support for compliance, ethics, privacy and business strategy. This session will explore reporting relationships, raising risk oversight, shareholder voting and control matters, performing due diligence, reporting on internal investigations and navigating company challenges. This session will also discuss proxy season and stakeholder activism.

Speakers: Michael Gottlieb, General Counsel and Managing Partner, Penta Group, Ade Heyliger, Partner, Weil, Gotshal & Manges, and Paul DeNicola, Principal PwC Governance Insights Center

Litigation: Legs to Stand On: Highlight Reel of Standing Issues in CPG Litigation

Princess Ballroom E

Our experts present a detailed overview of recent litigation highlighting consumer and NGO standing issues. Recent cases in the food and personal care space are profiled as well as states with private right of action, preemption and how the battle of Viking River Cruises v. Moriana will shape litigation in the CPG space.

Speakers: Djenne Clayton, General Counsel, Barilla North America, and Steven Blonder, Principal, Much Shelist

Regulatory and Legislative: Federal Trade Commission: Competition and Consumer Protection Issues for the CPG Industry

Princess Ballroom D

While one of the smaller agencies in Washington, the FTC oversees a crucial intersection of business interests and consumer protection issues shared across the CPG industry. Our panel, which includes former FTC officials, will discuss recent happenings at the agencies covering investigations, recent DOJ/FTC guidelines, mergers and marketing practices and how FTC policies will shape daily legal and regulatory considerations for the CPG industry.

Speakers: Laura Kim, Partner, Covington & Burling, Miriam Guggenheim, Partner, Covington & Burling, Jessica O’Connell, Partner, Covington & Burling, and Ryan Quillian, Partner, Covington & Burling

11:00 a.m. - 12:00 p.m.

In the Crosshairs: CPG Litigation Review

We may be tired of saying we live in an ‘unprecedented time,’ but the amount of litigation facing brands in the food and beverage and dietary supplement industry is incredible. From class actions on a range of flavors, ingredients quality and quantity claims and litigation trends from the last year to more novel challenges for food companies on environmental issues, there are a vast array of issues fueling the class action and plaintiffs’ bar appetites. Don’t miss your seat at the table to hear about trends in filings, active jurisdictions, ingredient and labeling vulnerability, notable rulings and settlements.

Speakers: Charles Sipos, Partner, Perkins Coie, Dean Panos, Partner, Jenner and Block, and Trent Taylor, Partner, McGuire Woods

Moderated by: Kevin Brennan, Chief Counsel US Litigation, Mondelez

12:00 p.m. - 1:00 p.m.

Closing Lunch

 

*Mountain Standard Time (MST)