February 26-28, 2024 | Terranea Resort, Rancho Palos Verdes, CA

                                                                                                                                                Learn more

Agenda

  • Monday, February 26
  • Tuesday, February 27
  • Wednesday, February 28
12:00 p.m. - 6:00 p.m.

Event Check-In Open

Location: Marineland Foyer

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

Legal Affairs Council Meeting

By invitation only.

2:30 p.m. - 3:00 p.m.

Break

Sponsored by Patterson Belknap Webb & Tyler LLP

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

Ethics Session: Crisis De Jure: Ethical Considerations for In-House Counsel in Product Recall Situations

Location: Point Vicente
Sponsored by Patterson Belknap Webb & Tyler LLP

This session will provide up to 1.5 Ethics CLE credits(s) and the content will align with requirements as defined by each state’s CLE guidelines.

Speaking: Jane Metcalf, Partner, Patterson Belknap Webb & Tyler LLP
Jason Vitullo, Partner, Patterson Belknap Webb & Tyler LLP
Steve Zalesin, Partner, Patterson Belknap Webb & Tyler LLP

5:30 p.m. - 7:00 p.m.

Welcome Reception

Location: Point Terrace
Sponsored by DTO Law and Vorys, Sater, Seymour and Pease LLP

7:00 p.m. - 9:00 p.m.

Private Dinners

By invitation only.

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

Event Check-In 

Location: Marineland Foyer

7:00 a.m. - 8:15 a.m.

Breakfast

Location: Catalina Room
Sponsored by Jenner & Block LLP

7:00 a.m. - 8:15 a.m.

General Counsel Breakfast

By invitation only.

8:15 a.m. - 8:30 a.m.

Opening Remarks 

Location: Marineland Ballroom
Speaking: Stacy Papadopoulos, Chief Operating Officer and General Counsel, Consumer Brands Association

8:30 a.m. - 9:15 a.m.

General Session

A View from the Top: Courtside with Neal Katyal

Location: Marineland Ballroom

Consumer Brands is honored and thrilled to welcome Neal Katyal, Paul Saunders Professor at Georgetown University and the former Acting Solicitor General of the United States, as the keynote speaker for the 2024 CPG Legal Forum. Considered among the top U.S. Supreme Court advocates in history and having recently argued his fiftieth case before the high Court, Neal has extensive experience in matters of constitutional law, corporate matters, intellectual property, securities, criminal and employment law. A Partner with Hogan Lovells, Neal will discuss a holistic approach to leveraging legal acumen as an advocate in high-stakes litigation and as a trusted advisor to drive results for his clients whether for corporations, legislatures or on behalf of the United States.

Speaking: Neal Katyal, Paul Saunders Professor at Georgetown University, and former Acting Solicitor General of the United States and Partner, Hogan Lovells LLP

9:15 a.m. - 9:45 a.m.

General Session

Appellate and Supreme Court Landscape Panel

Location: Marineland Ballroom

Veteran appellate and Supreme Court advocate Mark Perry discusses the key cases being considered by the 13 U.S. Courts of Appeals and the Supreme Court along with potential implications for advertising and marketing practices and other issues that may shape CPG, as well as shifts on agency deference.

Speaking: Mark Perry, Partner, Weil, Gotshal & Manges LLP

9:45 a.m. - 10:00 a.m.

Break

Sponsored by Jenner & Block LLP

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

Concurrent Sessions

Business: E-Commerce and CPG: Brand Integrity Challenges for the Cloud, Consumers and the Courts

Location: White’s Point
Sponsored by BakerHostetler

Our panelists examine regulatory and legal challenges associated with e-commerce, including product disclosure compliance, advertising copy online versus on pack, brand integrity and counterfeits, AdTech and dark patterns and how the metaverse is shaping consumer engagement, as well as regulatory activity on e-commerce issues at FDA.

Moderated by: Martha Motley, Partner, Vorys, Sater, Seymour and Pease LLP
Allison Buchner, Partner, Kirkland & Ellis LLP
Colleen Devanney, Partner, Vorys, Sater, Seymour and Pease LLP
Joe Wheatley, Senior Corporate Counsel,
Amazon Services LLC

Litigation: Playground or Battleground: Examining Jurisdictional Trends in CPG Litigation

Location: Point Vicente
Sponsored by Alston & Bird LLP

There’s luck of the draw and there’s luck of the judge and jurisdiction. Our expert panelists review motion to dismiss and Court of Appeal ruling trends in historically active jurisdictions, as well as more novel federal jurisdictions and D.C. Superior Court’s transformation into a haven for NGO’s and state courts where plaintiffs are more active.

Moderated by: Sarah Langstedt, Senior Counsel, Litigation,
Mondelēz International
Rebecca Johns, Senior Associate, King & Spalding LLP
Jane Metcalf, Partner, Patterson Belknap Webb & Tyler LLP

Tyler Young, Partner, Faegre Drinker Biddle & Reath LLP

Regulatory & Legislation: Supply Chain Transparency: Beyond the Food Traceability Rule

Location: Rocky Point
Sponsored by Hogan Lovells LLP

Product information is the currency of stakeholders, plaintiffs and consumers. This session will explore legal dynamics of product composition and ingredient traceability issues, including the FDA Food Traceability Rule, tracking prohibited and restricted ingredients in cosmetics, how companies can leverage and foster information about suppliers and other supply chain stakeholders, legislative proposals on the horizon and state and federal advisories.

Moderated by: Meredith Olearchik, Senior Vice President and Associate General Counsel – Intellectual Property, Marketing, Privacy and Food Law, Campbell Soup Company
Sharon Mayl, Partner, DLA Piper US
Jessica O’Connell, Partner, Covington & Burling LLP
Brian Sylvester, Partner, Perkins Coie LLP

10:45 a.m. - 11:00 a.m.

Break

Sponsored by Jenner & Block LLP

11:00 a.m. - 11:45 a.m.

Concurrent Sessions

Business: Advertising and Marketing Claims Vetting

Location: White’s Point
Sponsored by BakerHostetler

Our faculty will discuss practical strategies on how legal can work synergistically with other company constituents on product development strategy, advertising claims and promotional practices, including vetting and translating substantiation, consulting relevant laws and recent holdings and managing product disclosures.

Moderated by: Kelly Foos, Associate General Counsel, Post Holdings
Jeffrey Greenbaum, Partner, Frankfurt Kurnit Klein & Selz PC
Miriam Guggenheim, Partner, Covington & Burling LLP

Litigation: Being Resolute at Pre-Suit

Location: Point Vicente
Sponsored by Alston & Bird LLP

As demand letters are often an initial pre-litigation step, our faculty will explore practical strategies for pre-suit dynamics while profiling some common trends from NGOs and the plaintiff’s bar, when to consider settlement and evaluation of going the distance in litigation.

Speaking: Cortlin Lannin, Partner, Covington & Burling LLP
Matt Orr, Partner, Amin Talati Wasserman, LLP
Ron Rothstein, Partner, Winston & Strawn LLP
Erik Swanholt, Partner, Foley & Lardner LLP

Regulatory & Legislation: Consumer Protection Issues for the CPG Industry

Location: Rocky Point
Sponsored by Hogan Lovells LLP

Given the size of the CPG industry, it has seen its share of issues with the Federal Trade Commission and other consumer protection entities. Our panelists blend perspectives from tenure at the FTC and impart their government service and private practice experience on how to navigate investigations and respond to inquiries.

Speaking: Gus Eyler, Partner, Gibson, Dunn & Crutcher LLP
Daniel Kaufman, Partner, BakerHostetler
Christopher Leach, Partner, Kirkland & Ellis LLP
Andrew Smith, Partner, Covington & Burling LLP

11:45 a.m. - 1:00 p.m.

Networking Lunch

Location: Catalina Room
Sponsored by Venable LLP

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

General Session

A Fireside Chat with Rachel Brand: Leveraging Legal Acumen for Leadership

Location: Marineland Ballroom

In a fireside chat moderated by Karen Wilson Thissen, General Counsel of General Mills, Rachel Brand will provide perspectives and insights from her varied career leveraging legal acumen for leadership and results. Whether serving as the United States Associate Attorney General (the first woman to do so), an Associate Counsel to the President at the White House, Chief Counsel for Regulatory Litigation at the U.S. Chamber of Commerce or serving as the Chief Legal Officer to the largest company in the world based on employees and revenue, Rachel has developed a holistic perspective at the intersections of law, policy, business and work culture. CPG Legal Forum attendees will hear Ms. Brand’s insights on navigating challenges, managing risks, actively seeking out innovative approaches to legal strategies for their companies and finding balance.

Speaking: Rachel Brand, Executive Vice President of Global Governance, Chief Legal Officer and Corporate Secretary, Walmart Inc.

Moderated by: Karen Wilson Thissen, General Counsel and Secretary, General Mills, Inc.

1:45 p.m. - 2:00 p.m.

Break

Sponsored by Jenner & Block LLP

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

Concurrent Sessions

Business: A Chat on Cyber, Privacy & AI

Location: White’s Point
Sponsored by BakerHostetler

Consumer data and privacy bring forth legal issues that have gone from evolution to revolution in nanoseconds. This session will explore the latest challenges around privacy, cyber and data security, must-know coverage issues and the rise of AI and what it means for CPG companies.

Moderated by: Mark Danis, Vice President, Deputy General Counsel, The Clorox Company
Jonathan Cohen, Partner, K&L Gates LLP
David Saunders, Partner, McDermott Will & Emery
Andy Serwin, Partner, DLA Piper US

Litigation: Tools of the Trade: Leveraging Theory for Practice with Standing, Primary Jurisdiction and Preemption

Location: Point Vicente
Sponsored by Alston & Bird LLP

Our experts present a detailed overview of recent litigation highlighting consumer and NGO standing issues and how to leverage standing, preemption and primary jurisdiction.

Moderated by: Georgia Man, General Counsel and Corporate Secretary, Kodiak Cakes
Steve Blonder, Principal, Much Shelist, P.C.
Dale Giali, Partner, King & Spalding LLP
Jasmine Wetherell, Partner, Perkins Coie LLP

Regulatory & Legislation: The Periodic Table of Risk

Location: Rocky Point
Sponsored by Hogan Lovells LLP

This session will explore the legal and regulatory scrutiny of chemicals, including proposals on PFAS, benzenes, phthalates and other headline making chemicals, litigation and how to shore up defense around “toxic” claims.

Moderated by: Mara Burr, Vice President, Regulatory and Technical Affairs, Consumer Brands Association
Martin Hahn, Partner, Global Regulatory, Hogan Lovells LLP
Lori Leskin, Partner, Arnold & Porter Kaye Scholer LLP
Kate Spelman, Partner, Jenner & Block LLP

2:45 p.m. - 3:00 p.m.

Break

Sponsored by Jenner & Block LLP

3:00 p.m. - 3:45 p.m.

Concurrent Sessions

Business: Antitrust & The CPG Industry: Is Winter Coming?

Location: White’s Point
Sponsored by BakerHostetler

The past year was one of the most active on antitrust with a new proposed rule on HSR Filings and proposed merger guidelines from FTC and DOJ. The complexity of these proposals has put a chill on deals just as the merger environment was heating up post-pandemic. Our panel will walk through current M&A related developments, considerations for labor markets as well as supply chain and discuss ingredients for an effective antitrust program.

Speaking: Rachel Adcox, Partner, Axinn, Veltrop & Harkrider LLP
Bill Stallings, Partner, Mayer Brown LLP
Ryan Tisch, Partner, McDermott Will & Emery

Litigation: UDAP Gotta be Kidding: Trends on the Reasonable Consumer Standard

Location: Point Vicente
Sponsored by Alston & Bird LLP

This session surveys how the reasonable consumer standard has developed with the waves and churn of UDAP cases, with insights on consumer perception surveys, use of experts to interpret findings, labeling considerations with a focus on food and beverage, personal care, household cleaning and pet food.

Speaking: Bethany Lukitsch, Partner, Baker & Hostetler LLP
Steven Swaney, Partner, Venable LLP
Trent Taylor, Partner, McGuireWoods LLP
Claudia Vetesi, Partner, Morrison Foerster LLP

Regulatory & Legislation: State Action: Complying with a New Environment of Packaging and Chemical Laws

Location: Rocky Point
Sponsored by Hogan Lovells LLP

Packaging proposals centered on recyclability as well as chemical bans have created new compliance to-dos for CPG companies. This session will take a bicoastal view of proposals ranging from California to New York, encompassing operational considerations and claims.

Moderated by: John Hewitt, Vice President, Packing Sustainability, Consumer Brands Association
Pete DePasquale, Vice President of Government Affairs,
Keurig Dr. Pepper Inc.
Kristine Kruger, Senior Counsel, Perkins Coie LLP
Meshach Rhoades, Partner, Crowell & Moring LLP

3:45 p.m. - 4:00 p.m.

Break

Sponsored by Jenner & Block LLP

4:00 p.m. - 5:00 p.m.

General Session

Motivating Optimal Performance with Risa Mish

Location: Marineland Ballroom

Among a leader’s most important responsibilities is to create the conditions that make possible the best performance by their team members. Most people recognize that motivation is a key driver of performance; however, leaders sometimes struggle to choose the right combination of approaches and tools to motivate all team members. “Why,” they wonder, “do some team members excel with enthusiasm, while others seem to perform below their capability – even though I’m providing the whole team with the same resources and opportunities?” This program builds on the central premise that not all individuals are motivated by the same things; to the contrary, some may be demotivated by the identical prompts that others find motivating. This session prepares leaders to assess whether sub-optimal performance is actually due to a lack of motivation, or to other root causes; and: learn how to create conditions that help bring out the best in the people who work for us so that we can engage and retain our top talent.

Speaking: Risa Mish, Professor of the Practice of Management at Cornell University

5:00 p.m. -5:15 p.m.

Break

Sponsored by Jenner & Block LLP

5:15 p.m. - 6:15 p.m.

Happy Hour Roundtables

Location: Catalina Room

7:00 p.m. - 9:00 p.m.

Reception & Dinner

Location: Catalina Terrace

Sponsored by Arnold & Porter Kaye Scholer LLP
Frankfurt Kurnit Klein & Selz PC,
McGuireWoods LLP,
Norton Rose Fullbright US LLP,
Weil, Gotshal & Manges LLP

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

Breakfast

Location: Catalina Room
Sponsored by Morrison & Foerster LLP

8:30 a.m. - 9:25 a.m.

General Session

Effective Governance: Increasing Board Awareness of Compliance Matters in a Business Never-as-Usual Environment

Location: Marineland Ballroom

The role of the GC and corporate lawyers has long rested on providing sound counsel on a range of reporting responsibilities, but with product recalls and additional ESG scrutiny over the last few years, portfolios continue to expand. This session will explore lessons learned for the CPG industry in management risks on mission critical issues, documenting critical oversight and monitoring efforts and how to implement and maintain best practices, especially with increased stakeholder activism and an active plaintiff’s bar.

Speaking: Lillian Hardy, Partner, Hogan Lovells LLP
Jill Louis, Partner, Perkins Coie LLP
Kristy Meringolo, Chief Legal and Corporate Affairs Officer, The Hain Celestial Group
Stacy Papadopoulos, Chief Operating Officer and General Counsel, Consumer Brands Association

9:25 a.m. - 10:15 a.m.

General Session

CPG and The Golden State: Prop 65

Location: Marineland Ballroom

In this discussion, panelists will address several topics related to Prop 65, California’s unique toxics labeling regulation, including updates on current and past cases and filing trends, notable settlements, First Amendment challenges in light of 2023’s ruling in Wheat Growers and what’s next on the horizon for the CPG industry.

Moderated by: Jackie Welch, Vice President, Litigation,
The J.M. Smucker Company
Jeff Margulies, Partner, Norton Rose Fullbright US LLP
Trent Norris, Partner, Hogan Lovells LLP
Will Wagner, Counsel, Arnold & Porter Kaye Scholer LLP
Jasmine Wetherell, Partner, Perkins Coie LLP

10:15 a.m. - 10:30 a.m.

Break

Sponsored by Morrison & Foerster LLP

10:30 a.m. - 11:30 a.m.

General Session

A Sustainable Path for CPG Green Claims

Location: Marineland Ballroom
Commitment to sustainability and promotion of environmental benefits is a unifying aspect of the CPG industry that also presents a unified challenge. This session will discuss how to approach sustainability claims given litigation and reputational challenges, a pulse check on potential updates to the Federal Trade Commission Green Guides, sorting out climate science, public nuisance allegations and how to implement a protective yet innovative approach to novel environmental claims.


Moderated by: Joseph Aquilina, Senior Director & Associate General Counsel, Consumer Brands Association

William Cole, Partner, Amin Talati Wasserman, LLP
Perlette Jura, Partner, Gibson, Dunn & Crutcher LLP
Laura Kim, Partner, Covington & Burling LLP
Arianna Scavetti, Partner, Weil, Gotshal & Manges LLP

11:30 a.m. - 12:30 p.m.

General Session

In the Crosshairs: The CPG Litigation Review

Location: Marineland Ballroom

While Ben Franklin’s quote says “in this world nothing is certain except death and taxes,” he was born before the advent of litigation facing the CPG industry, where it seems that the creativity of plaintiffs assures more challenges. Our panelists will provide a holistic review of litigation facing the industry’s product sectors. Don’t miss your seat at the table to hear about trends in filings, active jurisdictions, ingredient and labeling vulnerability and notable rulings and settlements.

Moderated by: Ani Gulati, Chief Litigation Counsel, General Mills, Inc.
Cortlin Lannin, Partner, Covington & Burling LLP
Dean Panos, Partner, Jenner and Block LLP
Charles Sipos, Partner, Perkins Coie LLP
Angela Spivey, Partner, Alston & Bird LLP

12:30 p.m. - 1:30 p.m.

Networking Lunch

Location: Catalina Room
Sponsored by Kirkland & Ellis LLP

*Pacific Standard Time (PST)