Schedule

Click here to view presentations from the 2018 FMI Legal Conference

  • Key:
  •  General Session
  • Other Activities

5:00 PM - 6:30 PM

Registration

Capitol Room (Lobby Level)

5:30 PM - 7:00 PM

Welcome Reception

Capitol Room (Lobby Level)
Renew friendships and meet new colleagues at the opening reception.

Sponsored by Hogan Lovells
      


7:00 AM - 4:30 PM

Registration

Oriental Ballroom BC Foyer (Ballroom Level)

7:30 AM - 8:10 AM

Breakfast

Oriental Ballroom B (Ballroom Level)

8:15 AM - 8:30 AM

Welcome and Opening Remarks

Oriental Ballroom C (Ballroom Level)

Conference Chairman:
John Orgain, Alex Lee, Inc.

8:30 AM - 9:30 AM

Why You Still Need to Care About FSMA

Oriental Ballroom C (Ballroom Level)

This session will explain why FSMA is not “finished” yet.  The speakers will provide updates on FDA’s progress implementing the major FSMA regulations, explain what actions are still to come from FDA, discuss FDA’s current approach and future plans for FSMA inspections, and delve into the FSMA issues affecting the retail industry.

Speakers:

9:35 AM - 10:35 AM

The Employment and Labor Law Pendulum Swings Again

Oriental Ballroom C (Ballroom Level)

Once again there are changes that are dramatically impacting our workplaces and influencing how employers approach labor and employment issues.  This continues to make compliance with employment and labor policy a moving target.  This Employment and Labor Relations update, led by Littler Mendelson attorneys, will guide you through the latest developments in a fast-paced and informative session that will prepare you for the challenges that lie ahead.  Topics Littler is watching closely – and will discuss in this session – include lawful investigations in the wake of #metoo; equal pay; the Trump Board and the NLRB’s General Counsel; Section 7 rights and protected activity; joint employer liability; organizing trends; and other employment and labor relations challenges.  Finally, the session will offer practical guidance based on recent experience under the new rules and priorities.

Speakers:
  • Sara Kalis - Shareholder, Littler Mendelson, P.C.
  • Mark Schneider - Shareholder, Co-Chair, Traditional Labor Practice Group, Littler Mendelson, P.C.

10:35 AM - 10:50 AM

Networking Break

Oriental Ballroom BC Foyer (Ballroom Level)

10:50 AM - 11:35 AM

Antitrust Issues in Consolidation and Transformation of Food Retail Companies

Oriental Ballroom C (Ballroom Level)

Consolidation and transformation: Has FTC merger enforcement and antitrust law kept pace with developments in our industry? Key insights on the  direction of antitrust enforcement at the agencies and in the courts, in this era of increased M&A and rapid industry transformation.

Sponsored by Baker Botts LLP
Speakers:

11:40 AM - 12:25 PM

Update on Food and Beverage Labeling and Litigation

Oriental Ballroom C (Ballroom Level)

A cutting edge look at current trends in food and beverage class action litigation, including an overview of recent decisions that impact both current litigation and future strategy.  What are plaintiffs’ lawyers focusing on and how are courts across the country responding?  We will discuss what to expect when faced with a food and beverage labeling class action and what can be done procedurally to stop one in its tracks.

Sponsored by Venable, LLP
Speakers:

12:30 PM - 1:40 PM

Lunch

Oriental Ballroom B (Ballroom Level)

1:50 PM - 2:50 PM

Panel Discussion on Emerging Trends in Food Retail

Oriental Ballroom C (Ballroom Level)

Examine recent trends in the food retail industry with FMI’s CEO and panelists from the consumer foods sector.  In particular, we will examine what customers are asking for in the foods they purchase and how these demands affect your business.  Differing demands lead to new legal and regulatory concerns, as retailers and manufacturers increasingly take on new food formats and higher levels of transparency in labeling.
Speakers:
  • Leslie G. Sarasin - President and CEO, Food Marketing Institute
  • Jeff Allen - Director of National Sales and Retail Strategy, US Foods
  • Kelly Johnston - Vice President-Government Affairs, Campbell Soup Company

2:50 PM - 3:10 PM

Networking Break

Oriental Ballroom BC Foyer (Ballroom Level)

3:10 PM - 4:10 PM

An Outlook on Food Policy for Today and the Future

Oriental Ballroom C (Ballroom Level)

Regulations, as well as proposed rules and policies are developing the nation’s food landscape in 2018. Senior Advisor to the Secretary of Agriculture Brian Klippenstein, and Acting Deputy Under Secretary for Food Safety Carmen Rottenberg will discuss how these regulations and policies will affect the nation’s food supply today and in the years to come.
Speakers:
  • Jennifer Hatcher - Chief Public Policy Officer & Senior Vice President, Government Relations, Food Marketing Institute
  • Brian Klippenstein - Senior Advisor to the Secretary, USDA
  • Robin McKinnon - Senior Advisor for Nutrition Policy, Office of Foods and Veterinary Medicine, FDA
  • Erik Mettler - Assistant Commissioner for Partnerships and Policy, Office of Partnerships and Operational Policy, FDA
  • Carmen Rottenberg - Acting Deputy Under Secretary, Office of Food Safety, USDA

4:15 PM - 5:15 PM

Risk Management: From Transportation to Slip and Fall

Oriental Ballroom C (Ballroom Level)

Risk management can involve nearly any issue that could affect a retailer's business, and ranges from transportation and delivery issues to in-store injuries.  This session will discuss various issues that retailers might face, and ways in which these can be mitigated and prevented.  In particular, we will examine common dangers in transportation which could mean liability for retailers, as well as language you can look for in your contracts to help minimize the danger to your bottom line. Additionally, we will examine recent litigation, including slip-and-fall cases, and what your stores can do to make sure they do not become liable for customer injuries and more.

Sponsored by Riker Danzig Scherer Hyland & Perretti LLP

**Please head directly to the hotel lobby after the session.

Speakers:
  • Melissa Foti - Partner, Kenney Shelton Liptak Nowak LLP
  • Ron Leibman - Partner, Riker Danzig Scherer Hyland & Perretti LLP

6:15 PM - 8:45 PM

Off-Site Reception and Dinner

Blackwall Hitch
(5 Cameron Street, Alexandria, VA 22314)
Cocktail Reception: 6:15 p.m. – 7:00 p.m.
Dinner: 7:00 p.m. – 8:45 p.m.

Please meet in the hotel lobby at 5:20 p.m. (directly after the last session). We will be taking a 15 minute walk to The Wharf to board the Potomac River Water Taxi to Old Town Alexandria. Tickets will be provided by FMI and handed out as we board the water taxi.

Water taxi schedule:

Getting to Old Town Alexandria

- 5:45 p.m. Departure from The Wharf
- 6:15 p.m. Arrival in Old Town Alexandria

Returning to The Wharf

- 9:05 p.m. Departure from Old Town Alexandria

- 9:35 p.m. Arrival at The Wharf

Sponsored by: Littler Mendelson P.C.

7:30 AM - 11:30 AM

Registration

Oriental Ballroom BC Foyer (Ballroom Level)

7:30 AM - 8:25 AM

Breakfast

Oriental Ballroom C (Ballroom Level)

8:30 AM - 9:10 AM

Online Orders, Home Delivery, and More: Legal Considerations for Your Business

Oriental Ballroom C (Ballroom Level)

In this era of digital commerce, consumers are demanding more ways to purchase the products they love, including groceries.  As online ordering, home delivery and other new concepts in purchasing become more common place, retailers need to be aware of new legal concerns.  These range from food safety concerns to labeling, and everything in between.  This session will review what your company needs to know as your business model begins to include more of these new concepts in food purchasing.

Speakers:
  • Stefanie Fogel - Partner, Co-Chair, Food and Beverage Sector, DLA Piper LLP (US)

9:10 AM - 9:50 AM

New Food Trends in a Complex Regulatory World – An examination of popular new concepts like meal kits, prepared foods and more!

Oriental Ballroom C (Ballroom Level)

Consumer expectations of foods are continuing to evolve and supermarkets must adapt quickly to remain competitive.  As such, we are seeing more and more of popular concepts like meal kits, prepared foods, and other food formats than ever before.  With these changes in foods come new legal and regulatory concerns.  In recent years we have seen the implementation of new regulations encompassing these foods, and must also make sure that these foods comply with existing frameworks that are difficult to apply to these innovative products.  This session will examine important considerations to keep in mind as the products offered in-store continue to adapt to consumer preference.

Sponsored by Faegre Baker Daniels LLP
Speakers:

9:50 AM - 10:10 AM

Networking Break

Oriental Ballroom BC Foyer (Ballroom Level)

10:10 AM - 11:10 AM

Ethical Considerations Facing In-House and Outside Counsel During a Product Recall Crisis

Oriental Ballroom C (Ballroom Level)

Using a series of hypotheticals, a panel of experts will discuss legal ethics issues that can arise during the investigation and handling of product recall issues, the defense of claims arising from recalled products, and efforts to recover recall-related losses. 

Speakers:

11:15 AM - 11:55 AM

From Credit Cards to Rewards Programs – Things You Should Consider to Protect Customer Privacy and Data

Oriental Ballroom C (Ballroom Level)

The food retail industry must consider customer privacy and data as they continue to accept credit card payments and offer loyalty programs that are important to their business.  This session will review major developments in payments, and examine the upcoming legal landscape in this area.  It will also review best practices for avoiding liability when offering loyalty and rewards programs to customers. 
Speakers:

12:00 PM - 12:15 PM

Closing Remarks

12:30 PM - 2:00 PM

Legal Affairs Committee Luncheon Meeting

Sackler (Ballroom Level)