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Recent Developments in Asset Protection-Integrated Estate Planning

Program Number: 2517 Presenter: Edward D. Brown, Esq.

Edward D. Brown covers important developments in asset protection and estate planning, which demonstrate in actual practice what works and what does not work. Topics include: a discussion of domestic and foreign trust case law specific to self-settled spendthrift trusts; a review of other past cases that when viewed alongside the more recent developments, creates a blueprint for how to structure asset protection and estate planning approaches going forward; how to educate the client and trustees as to the proper administration of such plans; and the proper timing with respect to any wealth transfers.

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Tax Compliance for Asset Protection and Estate Planning Attorneys: A Comprehensive Overview for Asset Protection Structures

Program Number: 2516 Presenter: John R. Garland, Esq.

Asset protection and estate planning attorneys need to understand the tax compliance rules related to planning and advising on both foreign and domestic asset protection structures. Join John Garland as he discusses the various tax issues specific to asset protection planning arrangements, including: • an analysis of the pertinent income, gift, and estate tax issues • certain grantor trust considerations • the concept of tax neutrality in asset protection planning • the standard goal of making incomplete gifts into the structure • the factors that distinguish domestic trusts from foreign trusts for federal income tax purposes, and the important implications this distinction has for tax reporting (and penalty) purposes • drafting suggestions • tax filing requirements and compliance issues.

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Common Interest Privilege and Joint Defense: Ethical and Practical Considerations

Program Number: 2513 Presenter: Steven C. Bennett, Esq., Park Jensen Bennett LLP

The problem of communications among a group of parties on the same side of a lawsuit, government investigation, or other legal dispute often presents complex ethical challenges for lawyers. Recent authority extending potential protection in circumstances not involving litigation further complicates the field. In this program, Steve Bennett, Park Jensen Bennett LLP, examines the bases for the common interest privilege and joint defense arrangements, discusses the recent case of Ambac Assurance Corp. v. Countrywide Home Loans, Inc., and addresses practical and ethical issues involved in asserting and preserving common interest protection. Additional ethics authorities covered include ABA Model Rules 1.6 and 1.9(c); Upjohn Co. v. United States; Restatement (Third) of the Law Governing Lawyers (Rest. 3d § 76); D.C. Bar Ethics Committee Opinion 349.

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Data Breach Investigations: Ethical Considerations for In-House Counsel when Publicly Reporting a Security Incident

Program Number: 2512 Presenter: Jennifer Kies Mammen, Esq., Jena M. Valdetero, Esq, David A. Zetoony, Esq.

David Zetoony, Jena M. Valdetero and Jennifer Mammen discuss ethical issues that typically arise when an organization considers whether to report a security incident and what information about the incident should be publicly conveyed. Topics include questions of confidentiality and conflict in the context of managing public relations/communications consultants, determining whether to report an incident, and communicating with law enforcement. Specific ethical rules, cases, opinions to be discussed include: ABA Model Rules (e.g., Confidentiality of Information (1.6), Conflict of Interest (1.7), Organization as client (1.13), Duties to prospective client (1.18), Advisor (2.1), Lawyer as witness (3.7), Truthfulness in statements to others (4.1)); Upjohn; and various state bar ethics opinions.

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What In-House Counsel Should Know about Arbitration, the Preferred Method of Resolution of International Disputes

Program Number: 2511 Presenter: Max B. Chester, Esq.

International arbitration is one of the “hot” growing areas for dispute resolution. Arbitration is a preferred dispute resolution mechanism in international commercial transactions for a variety of reasons (confidentiality, speed, cost, expertise, neutrality, and ease of award enforcement). Join Max B. Chester as he provides an overview of the U.S. enforcement regime with respect to international arbitrations; examines recent case law; compares and contrasts the rules and practice of two major domestic arbitral bodies, AAA and JAMS, and four leading international arbitral organizations, ICC, ICDR, LCIA and HKIAC; and offers practical tips on drafting arbitration provisions in commercial agreements.

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Data Security and Credit Cards for In-House Counsel: How Your Organization’s Contractual Relationship with Credit Card Processors Is Changing

Program Number: 2510 Presenter: Jennifer L. Crowder, Esq., Courtney K. Stout, Esq.

A liability shift is forcing credit and debit card transactions to be conducted using chip-based (i.e., EMV) payment cards by 2015. This transition could impact your organization in more ways than one. Join us for this important discussion of new requirements of the payment card network rules (i.e., Visa, MasterCard, American Express and Discover), the Payment Card Industry Data Security Standards (PCI DSS), and President Obama’s Executive Order (October 2014) regarding chip technology, and for additional measures (a combination of EMV, Tokenization and Encryption) that can be taken to increase your organization’s data security practices and procedures for your credit and debit card processing and Corporate Purchasing Card programs.

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Data Breach Investigations: Ethical Considerations for In-House Counsel when Investigating a Security Incident

Program Number: 2508 Presenter: Jennifer Kies Mammen, Esq., Jena M. Valdetero, Esq, David A. Zetoony, Esq.

Data security breaches are now unavoidable. The question is whether in-house counsel are prepared to deal with a breach when it occurs. In addition to the legal and practical questions that arise from a data breach, in-house counsel must often navigate several ethical dilemmas. David Zetoony, Jena M. Valdetero and Jennifer Mammen discuss ethical issues that typically arise when investigating a security incident. These include coordinating an incident response, interactions with employees that may be responsible for causing a security incident, and managing external resources such as forensic investigators and outside counsel. The program focuses on issues of confidentiality and conflicts. Specific ethical rules, cases, opinions to be discussed include: ABA Model Rules (e.g., Confidentiality of Information (1.6), Conflict of Interest (1.7), Organization as client (1.13), Duties to prospective client (1.18), Advisor (2.1), Lawyer as witness (3.7), Truthfulness in statements to others (4.1)); Upjohn; and various state bar ethics opinions.

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Ban-the-Box and Other Pre-Employment Dilemmas: Finding Qualified Candidates without Finding Trouble

Program Number: 2507 Presenter: Natasha B. Dorsey, Esq., John L. Litchfield, Esq., Christopher G. Ward, Esq.

Finding qualified applicants for jobs is a constant challenge for employers for reasons going well past identifying individuals with the necessary skills, experience, training and education. Beyond finding strong candidates for particular positions, employers also have responsibilities to identify candidates who fit with a company’s culture, who will work well with others, and who will be trustworthy and help solve, rather than create, employment-related issues. As a result, many employers have adopted processes designed to identify latent issues with applicants, such as criminal history inquiries and background checks. While for many years employers took these steps with relatively limited legal restriction or government oversight, trends such as “ban-the box” are now sweeping across the country, and agencies like the Equal Employment Opportunity Commission are taking aggressive action to combat perceived areas for potential discrimination and unfairness in pre-employment inquiries. In this program of particular interest to in-house lawyers, Foley &

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Patent Law Decisions in 2014: The Year in Review, from the Celesq®-West LegalEdcenter IP Master Series

Program Number: 2506IP Presenter: Christopher D. Bright, Esq., Daniel R. Foster, Esq.

McDermott Will & Emery partners Dan Foster and Chris Bright discuss and analyze the major developments and changes in patent law during 2014 and the key cases to watch in 2015. The discussion covers: • The U.S. Supreme Court decisions in Limelight Networks v. Akami Technologies, Nautilus v. Biosig Instruments, Octane Fitness v. ICON Health & Fitness, and Alice Corp. v. CLS Bank • The U.S. Court of Appeals for the Federal Circuit’s decisions impacting damages calculations, preliminary injunctions, non-infringement, invalidity, claim construction, and much more • Important developments in the most active jurisdictions for patent litigation, including district courts and the International Trade Commission • Practical and case law implications of the continued implementation of the America Invents Act, including trends and statistics for inter partes review and post-grant review

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The Swinging Pendulum: How the Supreme Court and the AIA Have Made Patent Assertion More Difficult, from the Celesq®-West LegalEdcenter IP Master Series

Program Number: 2505IP Presenter: Anthony F. Lo Cicero, Esq.

Recent developments in the judicial and legislative branches may be said to have made it more difficult for nonpracticing entities, and other patent owners as well, to successfully assert their patents. The recent decisions by the U.S. Supreme Court in Himark v. Allcare, which gave district court judges more authority to grant attorney fees to a prevailing party in frivolous lawsuits, and in Alice v. CLS Bank, which addressed the issue of patent-eligible subject matter, are both deterring patent suits, as reflected in the recent statistic suggesting a 40% drop in patent lawsuit filings over the past 12 months. In addition, post grant proceedings at the PTO, which took effect under the America Invents Act, have resulted in the invalidation of hundreds of patent claims. Join Anthony F. LoCicero, of Amster Rothstein and Ebenstein as he discusses these important developments and their impact on the future of patent assertion.

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