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The Law of Commercial Unmanned Aircraft Systems

Program Number: 2446 Presenter: Thomas R. DeCesar, Esq., Edward J. Fishman, James B. Insco II, Esq., Martin L. Stern, Esq.

K&L Gates attorneys Ed Fishman, Marty Stern, Jim Insco and Tom DeCesar provide an overview of the current state of U.S. law in relation to unmanned aircraft systems (UAS) used for commercial purposes, and where the legal landscape is headed. The program covers current FAA guidance/regulations related to UAS (which are often referred to as drones in the general media), legal hurdles and paths to compliance (including Section 333 exemptions and experimental certificates of airworthiness), and FAA enforcement activities. In addition, the presenters preview the FAA’s anticipated small UAS rulemaking, and some of the legal issues expected to develop in relation to commercial UAS activities over the coming years, such as privacy, property rights, and state restrictions on UAS operations.

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An Ethical Quandary: In-House Attorney as Whistleblower

Program Number: 2445 Presenter: Roger A. Lane, Esq., Courtney Worcester, Esq.

Attorneys are required by state professional responsibility laws to safeguard their clients’ secrets. What happens when in-house lawyers reveal sensitive information to the Securities and Exchange Commission or other agencies as whistleblowers? Are those disclosures protected? Can an attorney profit from the disclosure? Join Courtney Worcester and Roger A. Lane as they discuss the ethical quandaries caused by attorney whistleblowers, including a discussion of the issues currently in the headlines in the recent suit involving the Vanguard Group, Inc. Rule 1.6 of the Professional Rule of Professional Conduct, among others, will be discussed.

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Marijuana’s Potential Impact on the Workplace Continues to Expand in 2014: Tips for In-House Employment Counsel

Program Number: 2442 Presenter: Michael W. Groebe, Esq.

2014 has seen increasing numbers of states implementing legislation dealing with medical marijuana with more states likely to follow. This program, geared to in-house employment lawyers, addresses recent legal developments in this area, including state law changes in medical marijuana laws, interpretive case law, drug testing and implications of positive tests for marijuana, the duty to accommodate under the ADA and disciplining employees for medical marijuana use.

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Whistleblower Developments: Important Updates for In-House Counsel

Program Number: 2441 Presenter: Bryan B. House, Esq., Courtney Worcester, Esq.

This summer has brought several noteworthy whistleblower developments that in-house counsel need to be aware of, including the Securities and Exchange Commission bringing its first anti-retaliation action and courts continuing to diverge on whether a plaintiff must disclose a suspected violation to the SEC in order to invoke the anti-retaliation protections of Dodd-Frank. Join Bryan House and Courtney Worcester as they bring you up to speed on all the recent developments and provide practical tips for addressing such claims.

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Taking the “Shhh” out of Trade Secrets: What Counsel Should Know about Protecting the “Secret Sauce”

Program Number: 2440 Presenter: Aaron Tantleff, Esq.

The concept of “trade secrets” and everything relating to them--defining what they are and how they can be used, who they can be shared with and how, understanding and valuing them, and protecting them from industrial espionage or misuse by departing employees—has always been somewhat nebulous in principle and even more so in practice. While most companies claim to have trade secrets, and need to protect those secrets to maintain their competitive advantages and unique elements, unless they are obvious secrets, such as the formula for Coca-Cola or “the Colonel’s” 11 herbs and spices, it can be difficult to document just what is a trade secret and the law will not necessarily recognize it as such. With the emergence of a worldwide economy, globalization, development of information networks capable of rapidly moving sensitive data, and the increased focus on new technology as a business driver, a company’s legal

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Supreme Court Roundup—2013-14 Term, from the Celesq®-West LegalEdcenter IP Master Series

Program Number: 2439IP Presenter: Anthony F. Lo Cicero, Esq.

With precedent-shattering decisions on fee shifting in patent cases (Highmark v. Allcare; Octane v. Icon), induced infringement (Limelight v. Akamai), indefiniteness (Nautilus v. Biosig), laches (Petrella v. MGM), standing (Lexmark v. Static), and others to come, the Supreme Court’s decisions from the 2013-2014 term have proven to be among the most important in years. Join Anthony Lo Cicero of Amster, Rothstein & Ebenstein as he discusses these cases and addresses how the future of IP enforcement will change.

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Social Media: Ethical Considerations for All Lawyers

Program Number: 2438 Presenter: Steven C. Bennett, Esq., Park Jensen Bennett LLP

Social media has affected the legal profession in profound ways. As the technology and patterns of use of social media continue to evolve, ethics principles for counsel must necessarily adapt. In this program, Steve Bennett, Park Jensen Bennett LLP, reviews potentially applicable Model Rules of Professional Responsibility (including Model Rule 1.6 [confidentiality], Rule 4.1 [no false statements], Rule 5.1 [duty to supervise], Rule 7.2 [advertising], Rule 8.4 [no dishonesty]) and a host of recent ethics opinions, regarding advertising, solicitation and other contacts with prospective clients; confidentiality; and legitimate means of investigating witnesses and jurors through the use of social media.

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Federal Rules Revisions: E-Discovery Implications

Program Number: 2437 Presenter: Steven C. Bennett, Esq., Park Jensen Bennett LLP

The evolution of e-discovery continues at a rapid pace. For a second time in less than 10 years, major changes are planned for the Federal Rules of Civil procedure, meant to address issues of cooperation, proportionality and efficient resolution of e-discovery disputes. In this program, Steve Bennett, Park Jensen Bennett LLP, reviews the impetus for the Rules changes (Rule 1 [cooperation], Rule 26 [scope of discovery], Rule 37 [sanctions / preservation]); outlines the practical implications of the changes; suggests areas of remaining uncertainty, where careful planning may help avoid unnecessary burdens; and reviews additional useful resources. Mr. Bennett also discusses recent cases, e.g., Procaps S.A. v. Patheon Inc., No. 12-24356-CIV, 2014 WL 800468 (S.D. Fla. Feb. 28, 2014); No. 12-24356-CIV, 2014 WL 1047748 (S.D. Fla. Mar. 18, 2014) (duty of preservation); and relevant Model Rules of Professional Responsibility (e.g., 1.1 [duty of competence]).

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Cyber-Insurance: Should In-House Counsel Consider Data Breach Insurance Legally and Practically Necessary?

Program Number: 2436 Presenter: David A. Zetoony, Esq.

“Data breaches” have become daily events and are consistently ranked by general counsel and corporate boards as one of the top five concerns impacting the business. In order to deal with this rising risk, companies are increasingly considering “cyber-insurance” policies as a solution, and are asking in-house counsel to help evaluate the benefit of these policies for mitigating— or ameliorating—the legal risks. While a good cyber-insurance policy can help mitigate the cost of a data breach, looking at the coverage limit alone can be very misleading. Following a data breach companies often discover that the insurance that they purchased does not cover, or only partially covers, the potential costs and legal liabilities that come with data security breaches. Join Bryan Cave partner David Zetoony, who provides valuable guidance for in-house counsel to (1) understand the types of data breaches that impact companies, (2) estimate the legal and defense costs that may

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Cross Border E-Discovery

Program Number: 2435 Presenter: Jennifer C. Everett, Esq., Kristen A. Lejnieks, Esq., Carmen McLean, Esq.

Multinational companies are confronted with numerous legal issues when faced with document discovery in U.S. litigation. In this program, our presenters identify and discuss those issues, including many of the conflicting legal requirements related to e-discovery, both generally and specifically with respect to the impact on companies with a presence in Japan and/or China.

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