LEGAL PROGRAM

Access the conference schedule by clicking on the drop down for each day or download the detailed printable agenda here.

* Agenda is a draft and is subject to change

SUNDAY, JUNE 19, 2016

4:30 p.m. – 6:30 p.m.	REGISTRATION

5:30 p.m. – 7:00 p.m	WELCOME RECEPTION Sponsored by: Hogan Lovells LLP Renew friendships and meet new colleagues at the opening reception.

MONDAY, JUNE 20, 2016

7:30 a.m. – 4:30 p.m.	REGISTRATION

7:45 a.m. – 8:15 a.m.	BREAKFAST

8:15 a.m. – 8:25 a.m.	WELCOME AND OPENING REMARKS

8:25 a.m. – 9:25 a.m.	SUPPLIER VERIFICATION IN THE SUPPLY CHAIN Sponsored by: Polsinelli PC Stuart Pape, Shareholder, Polsinelli PC Elizabeth Fawell, Counsel, Hogan Lovells LLP

9:30 a.m. – 10:15 a.m.	ANTITRUST UPDATE 2016 Sponsored by: Baker Botts LLP Christopher MacAvoy, Partner, Baker Botts LLP

10:15 a.m. – 10:30 a.m.	NETWORKING BREAK

10:30 a.m. – 11:30 a.m.	DATA BREACH PREPAREDNESS Sponsored by: Holland and Knight LLP Christopher Cwalina, Partner and Co-Chair, Holland & Knight LLP Mary Moorkamp, Chief Legal & External Affairs Officer/Secretary, Schnuck Markets Inc. Mitchell Shapiro, Partner, Carter Ledyard & Milburn LLP

11:35 a.m. – 12:25 p.m.	IS THE PEN CAP MIGHTIER THAN THE SWORDFISH?: HOW LACK OF UNDERSTANDING OF NON-FOOD PRODUCT REGULATION CAN THREATEN FOOD INDUSTRY PLAYERS Joseph Mohorovic, Commissioner, U.S. Consumer Product Safety Commission (CPSC)

12:25 p.m. – 1:25 p.m.	LUNCHEON WITH TABLE TOPICS
	Table Topics include: Food Safety in the Supply Chain Data Security Employment Law Social Media Washington Update/GMO Managing Litigation Antitrust
1:30 p.m. – 2:30 p.m.	RECENT TRENDS IN FOOD LITIGATION AND LABELING Sponsored by: Venable LLP Miriam Guggenheim, Partner, Covington & Burling LLP Randy Shaheen, Partner, Venable LLP

2:35 p.m. – 3:35 p.m	RECOGNIZING AND COVERING LIABILITY GAPS THROUGH COMMERICAL CONTRACTS AND INSURANCE POLICIES Sponsored by: McCarter & English, LLP Anthony Bartell, Partner, McCarter & English, LLP Steven Weisman, Partner, McCarter & English, LLP

3:35 p.m. – 3:50 p.m.	NETWORKING BREAK

3:50 p.m. – 5:00 p.m.	IT'S WHAT'S FOR DINNER: SOCIAL MEDIA AND YOUR PR PROGRAM Tsan Abrahamson, Partner, Cobalt Law LLP

6:30 p.m. – 8:30 p.m.	OFF-SITE RECEPTION & DINNER Sponsored by: Littler Medelson, P.C. Fig & Olive Chicago (104 East Oak St, Chicago, IL, 60611) 6-8 minute walk from hotel

TUESDAY, JUNE 21, 2016

* Blue titles designate FMI Connect activities

7:15 a.m. – 8:00 a.m.

BREAKFAST

7:30 a.m. – 12:00 p.m.

REGISTRATION

8:00 a.m. – 9:00 a.m.

2016: NAVIGATING THE MAZE OF NEW DEVELOPMENTS IN EEOC, NLRB AND DOL REGULATION
Frank Buck, Shareholder, Littler Medelson
Mark Schneider, Co-Chair, Traditional Labor Practice Group Shareholder and Member, Board of Directors, Littler Medelson
Adam Wit, Office Managing Shareholder, Littler Medelson

9:00 a.m. – 10:00 a.m.

TRAVEL TO MCCORMICK PLACE
Attendees should meet in the hotel lobby by 9:10 a.m. to take the shuttle bus to McCormick Place. The shuttle bus will be departing promptly at 9:15 a.m.

10:00 a.m. – 11:00 a.m.

THE THIRD WAVE: AN ENTREPRENUER'S VISION OF THE FUTURE @ CONNECT

Steve Case, AOL Co-Founder and CEO of Revolution LLC
All companies, not just tech companies, will have to rethink the way they communicate with customers. Learn directly from this digital innovator how to best connect with your audience, out-earn your competition, and stay steps ahead of the moving target that is consumer trends.

11:10 a.m. – 12:10 p.m.

CRIMINAL LIABILITY EXPOSURE FOR FOOD RETAILERS & MANUFACTURERS: EMERGING TRENDS IN GOVERNMENT ENFORCEMENT @ CONNECT
Colleen Conry, Partner, Ropes & Gray
Paul Rubin, Partner, Ropes & Gray

12:10 p.m. – 12:15 p.m.

CLOSING REMARKS

12:15 p.m. – 4:00 p.m.

FMI CONNECT EXPO FLOOR OPEN

4:00 p.m. – 5:00 p.m.

THE INS AND OUTS OF SHOPPER THINKING: AN EXPLORATION OF 2016 U.S. GROCERY SHOPPER TRENDS @ Connect
Leslie G. Sarasin, President and CEO, Food Marketing Institute
Get to know customers. Join FMI President and CEO Leslie Sarasin as she unveils the top findings of the 2016 U.S. Grocery Shopper Trends report and shares new insights on what your customers expect.

6:00 p.m. – 9:00 p.m.

OPENING NIGHT CELEBRATION AT THE FIELD MUSEUM OF CHICAGO, INSIDE STANLEY FIELD HALL

Eplore this first class museum which has been inspiring curiosity about life on earth for more than a century. Mingle with other FMI Connect attendees as you enjoy plenty of exciting food and drink.

ADDITIONAL FMI CONNECT PROGRAM

New this year, we're co-locating with FMI Connect, food retail's premier event. Your Legal Conference registrations gives you complimentary access to the FMI Connect Expo and Education. We encourage you to extend your trip to Wednesday, June 22 to access this great FMI Connect programming.

WEDNESDAY, JUNE 22, 2016

10:00 a.m. – 11:00 a.m	RIDING THE WAVE OF FOOD TRENDS Leslie G. Sarasin, President and CEO, Food Marketing Institute Mario Batali, Chef, Restauranteur, co-host ABC's The Chew Robert Irvine, Chef and Host, Food Network's Restaurant: Impossible Listen in on a conversation between FMI President and CEO Leslie Sarasin and leading voices in food trends today, Mario Batali and Robert Irvine, as they scan the horizon for the food waves worth riding.

11:00 a.m. – 4:00 p.m	FMI CONNECT EXPO FLOOR OPEN

SESSION DESCRIPTIONS

SUPPLIER VERIFICATION IN THE SUPPLY CHAIN

Monday, June 20, 8:25am - 9:25am
Sponsored by: Polsinelli PC
Stuart Pape, Shareholder, Polsinelli PC
Elizabeth Fawell, Counsel, Hogan Lovells LLP

The supplier verification requirements in the new FDA Food Safety Modernization Act (FSMA) rules are significant and complex. In this session, you will learn about some of the key challenges to developing and implementing a supplier verification program that aligns with the new FSMA rules and practical strategies and actions you can take to make sure your company is in compliance. You will also receive an update on FDA’s implementation of FSMA and key rules that will be in effect starting this fall.

ANTITRUST UPDATE 2016

Monday, June 20, 9:30am - 10:15am
Sponsored by: Baker Botts LLP
Christopher MacAvoy, Partner, Baker Botts LLP

Another eventful year for antitrust in the grocery industry. Hear the latest on trends in FTC merger enforcement, compliance, and private litigation.

DATA BREACH PREPAREDNESS

Monday, June 20, 10:30am - 11:30am
Sponsored by: Holland and Knight LLP
Christopher Cwalina, Partner and Co-Chair, Holland & Knight LLP
Mary Moorkamp, Chief Legal & External Affairs Officer/Secretary, Schnuck Markets Inc.
Mitchell Shapiro, Partner, Carter Ledyard & Milburn LLP

As we have seen, any company can suffer a data breach. What truly makes the difference for your company is how prepared you are in the event that a security incident does occur. Data breaches are a growing concern and how to best respond to such an event is a constantly evolving topic. When a breach occurs, the sheer number of questions and decisions that need to be made within a compressed period of time only add to the challenges and importance of being prepared to respond adequately. How much of this responsibility lies with your chief information security officer and technology staff, and what can lawyers and other non-technical staff within your company be doing to protect your organization and make it more resilient to cyber-attacks? During this session, the panelists will discuss recent legal developments on data security and provide key takeaways on the questions in-house counsel should be thinking about to respond to a potential breach. Additionally, the panelists will provide a first-hand case study from and experiences in dealing with a breach and will share best practices on experiences and lessons learned.

IS THE PEN CAP MIGHTIER THAN THE SWORDFISH?: HOW LACK OF UNDERSTANDING OF NON-FOOD PRODUCT REGULATION CAN THREATEN FOOD INDUSTRY PLAYERS

Monday, June 20, 11:35am - 12:25pm
Joseph Mohorovic, Commissioner, U.S. Consumer Product Safety Commission (CPSC)

With non-food consumer products becoming an ever more important portion of a grocery portfolio, distributors and retailers who have long been experts on food regulations have more need to be experts on non-food rules. U.S. Consumer Product Safety Commissioner Joseph P. Mohorovic will discuss the responsibilities retailers have in the consumer product space – and how those responsibilities grow when retailers are also private labelers – and will provide his insights about the agency’s aggressive posture in dealing with its regulated stakeholders.

RECENT TRENDS IN FOOD LITIGATION AND LABELING

Monday, June 20, 1:30pm - 2:30pm
Sponsored by: Venable LLP
Miriam Guggenheim, Partner, Covington & Burling LLP
Randy Shaheen, Partner, Venable LLP

This session will address recent trends in the types of food labeling and claims that have led to litigation. Beyond “natural” claims, what are the highest risks? Are courts starting to place higher burdens on class action litigants pursuing consumer fraud cases? We will also consider the implications of such litigation for retailers.

RECOGNIZING AND COVERING LIABILITY GAPS THROUGH COMMERICAL CONTRACTS AND INSURANCE POLICIES

Monday, June 20, 2:35pm - 3:35pm
Sponsored by: McCarter & English, LLP
Anthony Bartell, Partner, McCarter & English, LLP
Steven Weisman, Partner, McCarter & English, LLP

Risk mitigation, risk allocation and risk spreading are critical functions of any business. Contractual indemnification and insurance coverage, and the coordination of these mechanisms, are essential tools for effectively managing risk. Accordingly, when negotiating and structuring indemnity clauses and insurance policies, companies must understand and anticipate potential statutory and insurance coverage limitations, as well as enforcement and procedural hurdles, to any indemnification obligation. We will address how food retailers can use commercial contracts -- including supply and distribution agreements, technology, data management and network security agreements and lease agreements – and insurance policies as risk transfer tools.

IT'S WHAT'S FOR DINNER: SOCIAL MEDIA AND YOUR PR PROGRAM

Monday, June 20, 3:50pm - 5:00pm
Tsan Abrahamson, Partner, Cobalt Law LLP

Tsan Abrahamson of Cobalt LLP will give you insight into the legal and other issues arising in connection with your use of Social Media for purposes including but beyond advertising. Should you have a Social Media policy for employees? What risks arise from using Social Media to provide the transparency consumers demand? Can Social Media provide you with a forum to provide food safety and product recall information? How are the regulators reacting to use of social media for these and other purposes? What about competitors? Come hear about the latest in the evolving area of social media.

2016: NAVIGATING THE MAZE OF NEW DEVELOPMENTS IN EEOC, NLRB AND DOL REGULATION

Tuesday, June 21, 7:50am - 8:50am
Frank Buck, Shareholder, Littler Medelson
Mark Schneider, Co-Chair, Traditional Labor Practice Group Shareholder & Member, Board of Directors, Littler Medelson
Adam Wit, Office Managing Shareholder, Littler Medelson

The past 12 months has brought considerable changes to labor and employment law. In 2015, the DOL proposed changes to govern white collar overtime exemptions; 2016 opened with a White House announcement that the EEOC would be changing its EEO-1 Report to require employers with 100 or more employees to provide data on employee compensation and hours; and the NLRB recently implemented significant changes to longstanding labor law, including the revision of persuader rule and the re-definition of joint employer status. This session will delve into these developments and provide employers with the information needed to maintain a compliant workplace.

CRIMINAL LIABILITY EXPOSURE FOR FOOD RETAILERS & MANUFACTURERS: EMERGING TRENDS IN GOVERNMENT ENFORCEMENT @ CONNECT

Tuesday, June 21, 11:10am - 12:10pm
Colleen Conry, Partner, Ropes & Gray
Paul Rubin, Partner, Ropes & Gray

Recent federal enforcement actions demonstrate the growing threat of criminal prosecution facing the food industry and industry executives, including potential strict liability for certain misconduct. Led by a former prosecutor and an experienced advisor on FDA issues, this session will cover the applicable law (including new post-FSMA standards), recent food industry investigations and prosecutions, related legal ethics rules, and practical steps for the food retail industry and in-house lawyers.