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The Role of Alternative Dispute Resolution (ADR) in Electronic Discovery

Program Number: 2428 Presenter: Steven C. Bennett, Esq., Park Jensen Bennett LLP

Steve Bennett, Park Jensen Bennett LLP, discusses the potential role of ADR in e-discovery issues. Topics include: • Importance of cooperation and transparency in e-discovery • Ethical obligations of counsel • ADR alternatives (Magistrate Judges, special masters, mediators) • Pilot programs and future developments • Best practices • Additional resources

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A Targeted Discussion of Data Breaches: Responding to a Payment Card (PCI) Breach

Program Number: 2427 Presenter: David Chamberlin, Erin Nealy Cox, David A. Zetoony, Esq.

“Data security breach” has gone from being something discussed by legal-techies to a daily news items in mainstream media. As the public becomes more concerned about data breaches, specifically those involving their credit cards, companies and their counsel are also realizing that a payment card (“PCI”) data breach carries with it substantial legal risk. In this program, our presenters focus on what to do if you suspect a PCI data breach and specifically discuss the following topics: the unique contractual obligations that a company has to investigate PCI breaches, and to coordinate their investigation with their financial business partners; strategies for communicating information to the public so as to minimize the chances of litigation or investigations; and strategies for conducting a forensic investigation that is complete, accurate, and positions the company to defend itself in litigation if needed.

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Whistleblower Protection Expanded: Lawson v. FMR, LLC

Program Number: 2426 Presenter: Roger A. Lane, Esq., Courtney Worcester, Esq.

The United States Supreme Court’s recent decision in Lawson v. FMR, LLC, resolved a circuit split and determined that the whistleblower protections of the Sarbanes-Oxley Act of 2002 apply to private contractors that perform work for publicly held companies. As a result of this decision, private employers that do business with publicly held companies need to be cognizant that their employees may be covered by SOX’s whistleblower protections and will need to ensure that they have the necessary policies and procedures in place to encourage and protect whistleblowers. Join Roger Lane and Courtney Worcester as they review the Court’s decision and provide practical advice for companies and their counsel to minimize their exposure to whistleblower claims.

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Judicial Case Management in Patent Litigation: a Response to the NPE Controversy, from the Celesq®-West LegalEdcenter IP Master Series

Program Number: 2425IP Presenter: Anthony F. Lo Cicero, Esq.

The legislative, judicial and executive branches of the federal government, and some states as well, are proposing solutions to the perceived abuses to the patent litigation system brought about by nonpracticing entities (NPEs). Led by the Eastern District of Texas's new Track B procedure, District Courts and district judges are using case management techniques to deal with these issues. Anthony Lo Cicero of Amster, Rothstein and Ebenstein discusses various case management approaches and their likely impact on the public debate.

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Employee Benefits for Same-Sex Partners-Required Benefits and Best Practices Post-DOMA

Program Number: 2424 Presenter: Todd A. Solomon, Esq.

In June 2013, the United States Supreme Court ruled that the federal definition of marriage limited to one man and one woman was unconstitutional, and Section 3 of the Federal Defense of Marriage Act ("DOMA") was repealed. The Court's ruling had dramatic implications for employee benefit plans and requires many plans that did not previously cover same-sex spouses to do so. In addition, more and more states continue to legalize same-sex marriage, and the federal and state taxation of health benefits offered to same-sex partners has grown more complicated before it's getting simpler. To top it all off, the IRS has issued some guidance, but has not yet issued critical guidance governing the retroactive impact of the Supreme Court ruling. Join Todd Solomon, a partner at McDermott Will & Emery LLP, and a frequent speaker and writer on employee benefits issues resulting from domestic partnerships and same-sex marriages, as he discusses the Court's

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D&O Insurance: What’s New and What’s the Same: Legal Developments for In-House Counsel

Program Number: 2423 Presenter: William A. Schreiner Jr., Esq.

Directors’ and officers’ insurance is an important risk management tool for companies of all types and sizes, and it protects individual officers and sometimes businesses, from all sorts of legal risks that may not be covered under other policies. But the way this insurance works and what it covers is changing: insurers are responding to market needs with different policy features, and recently, courts have begun to interpret coverage for some types of claims in new ways. In this program, Bill Schreiner of Zuckerman Spaeder reviews the basic types of coverage available for directors and officers, the most common issues for businesses buying D&O insurance to consider, and recent case law that could change some fundamental features of D&O coverage.


Cooperation in E-Discovery

Program Number: 2421 Presenter: Steven C. Bennett, Esq., Jones Day

Courts, rule-makers and commentators all have remarked on the need for cooperation in E-Discovery, yet, adversarial techniques prevail, and the system (and parties), suffer due to inefficiency and increased cost. Steve Bennett of Jones Day addresses the need for cooperation and offers practical suggestions for improving cooperation. Topics addressed include: • Need for cooperation • Rules and cases • Ethics rules • Practical solutions

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Supreme Court Round-Up: Analysis of the Supreme Court's 2013 and 2014 Labor and Employment Cases and a Preview of the Upcoming Term

Program Number: 2420 Presenter: Eric S. Dreiband, Esq.

Former U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Eric Dreiband, currently a partner at Jones Day, reviews the Supreme Court's labor and employment law decisions from the 2013-2014 terms, including the Court's decision about whether President Barack Obama violated the Constitution when he made recess appointments to the National Labor Relations Board and the Court's decision about whether United States Steel Corporation must pay steel workers for time spent changing into work clothes and protective equipment. Also discussed: cases that involve labor unions, and a state government's ability to compel workers to pay union dues, and the Supreme Court's upcoming 2014-2015 term.

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EEOC's Administrative Process: EEOC's "Sue First, Ask Questions Later" Strategy and the Federal Courts

Program Number: 2419 Presenter: Eric S. Dreiband, Esq.

Former U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Eric Dreiband, currently a partner at Jones Day, discusses strategies for responding to EEOC investigations and litigation; recent developments in the courts about the EEOC's obligations to comply with its procedural requirements; the EEOC's violations of its legally mandated procedures; significant court decisions about the EEOC; and other significant developments.

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Recent Developments at the EEOC: An Update about the EEOC's Enforcement Strategies and Litigation Program

Program Number: 2418 Presenter: Alison B. Marshall, Esq.

Alison B. Marshall, a partner at Jones Day, reviews the recent developments at the EEOC, including significant regulatory and policy documents issued by EEOC; its significant wins and losses in the courts; EEOC's investigation and litigation priorities; and other significant developments. Also discussed are EEOC’s potential actions, plans and strategies for the coming year.

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