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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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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: Shoul.d 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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Elimination of Bias 2014: How Gender Stereotypes Fuel Biases in the Legal Profession and Ways to Understand and Eliminate It

Program Number: 2434 Presenter: Andrea S. Kramer, Esq.

Join Andrea S. Kramer, partner in McDermott Will & Emery LLP, author of “Taking Control: Women, Gender Stereotypes and Impression Management,” “Professional Advancement and Gender Stereotypes: The “Rules’ for Better Gender Communications” and “Self-Evaluations: Dos and Don’ts,” and co-author of the new American Bar Association’s Presidential Task Force on Gender Equity’s guide on “What You Need to Know About Negotiating Compensation” for this important program. Understanding gender stereotypes allows lawyers to find effective ways to work around them, eliminating bias and improving gender diversity in the legal profession. In this program, Ms. Kramer discusses how gender stereotypes are scripts for biased behavior and how they divide people, industries, jobs, and careers into “feminine” and “masculine.” She addresses the discriminatory operation of gender stereotypes, including descriptive discrimination, hostile biases, and benevolent biases; prescriptive and proscriptive biases; and stereotype activation. She also discusses how lawyers can benefit from understanding gender

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Ethics and IP–Recent Developments, from the Celesq®-West LegalEdcenter IP Master Series

Program Number: 2433IP Presenter: Anthony F. Lo Cicero, Esq.

The Supreme Court's decisions in Himark and Octane alter significantly the standard for determining whether a patent case is "exceptional" for the purpose of shifting fees. These decisions, along with other enactments on the regulatory, judicial and, possibly, legislative fronts (including Rule 11 of the Federal Rules of Civil Procedure; Rules 1.6-9 of the Rules of Professional Conduct; and various provisions of the USPTO Rules of Professional Conduct), highlight the ethical obligations with which IP practitioners must comply. Anthony LoCicero of Amster Rothstein Ebenstein discusses these developments and their impacts on attorney ethical considerations.

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Lessons Learned from the 2014 Proxy Season: Insights and Tips for In-House Corporate and Securities Lawyers

Program Number: 2432 Presenter: Roger A. Lane, Esq., Michael Thompson, Esq., Courtney Worcester, Esq.

Join Roger Lane, Courtney Worcester, and Michael Thompson as they review the hot button issues from this year’s proxy season, including say-on-pay votes, shareholder activism and more. Also to be discussed are the recent trends and how they can be used by counsel to prepare for the 2015 proxy season.

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