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Ethical Issues in the Negotiation and Settlement of Disputes

Program Number: 2566 Presenter: Steven C. Bennett, Esq., Park Jensen Bennett LLP

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** For lawyers engaged in negotiating and settling legal disputes, there can be significant ethical pitfalls. Steve Bennett, Park Jensen Bennett LLP, discusses the ethical issues to consider, including: • Who is the client? • Who has authority to settle? • Puffery and withholding of information • Bad faith and “re-trading the deal” Ethics authorities covered include ABA Model Rules 2.3 (duty of fair dealing); 2.4 (disclosure of settlement information); and 3.1-3.2 (client control over settlement). Note: Attorneys taking this program may also wish to take the presenter’s October 1, 2015 program entitled Negotiating and Drafting Settlement Agreements in Business Disputes: A Guide for Lawyers and Litigators; 2565-Negotiating and Drafting Settlement Agreements in Business Disputes: A Guide for Lawyers and Litigators


Negotiating and Drafting Settlement Agreements in Business Disputes: A Guide for Lawyers and Litigators

Program Number: 2565 Presenter: Steven C. Bennett, Esq., Park Jensen Bennett LLP

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Steve Bennett discusses the fundamentals of negotiating and settlement of disputes. Topics covered include: • Why settle? • Forms of settlement negotiations • What is a binding agreement? • Common elements of a settlement agreement Note: Attorneys taking this program may also wish to take the presenter’s November 4, 2015 program entitled Ethical Issues in the Negotiation and Settlement of Disputes; 2566- Ethical Issues in the Negotiation and Settlement of Disputes

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Attorney-Client Privilege and Work Product Doctrine in Internal Investigations: Latest Developments for Corporate, Securities and White Collar Attorneys

Program Number: 2564 Presenter: Mark W. Rasmussen, Esq., Evan P. Singer, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Evan Singer and Mark Rasmussen, Jones Day, cover the latest developments involving the attorney-client privilege and work product protection in the context of government investigations as well as other whistleblower and white collar cases. Cases to be discussed include the D.C. District Court's recent mandamus rulings in the KBR litigation, Hays v. Page Perry, LLC (N.D. Ga. 2015), In re GM LLC Ignition Switch Litigation (S.D.N.Y. 2015); and Wultz v. Bank of China (S.D.N.Y 2015). Ethics authorities covered also include ABA Model Rules 1.6 and 1.13, as well as the implications of Federal Rule of Civil Procedure 26(b) and Federal Rule of Evidence 502, among others.

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Transformative Works as Fair Use: Latest Developments in Copyright Law, from the Celesq®-West LegalEdcenter IP Master Series

Program Number: 2563IP Presenter: Anthony F. Lo Cicero, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** The Second Circuit's controversial decision in Cariou v. Prince did not settle the seminal issue of when a copyrighted work is so transformed that the new work is subject to fair use protection. Anthony LoCicero of Amster Rothstein Ebenstein discusses cases both before and after Cariou and attempts to synthesize their use guidelines for future transformations.

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Illegal Tipping and Insider Trading after Newman: The Latest Developments for Corporate, Securities and White Collar Attorneys

Program Number: 2562 Presenter: Thomas O. Gorman, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** The Second Circuit's decision in U. S. v. Newman is, according to many, a dramatic change in the law of insider trading and illegal tipping. Under the decision, the government must plead not just that the tippee knew the information was being passed in violation of a duty, but also that there was a personal benefit in the nature of a quid pro quo. Others claim the decision is nothing more than the restoration of the Supreme Court's holding in Dirks. Nevertheless, the DOJ and the SEC have decried this standard as undermining effective insider trading enforcement. One district court decision in Manhattan in an SEC enforcement action appears to undercut the spirit if not the letter of the law, and a recent decision by the Ninth Circuit

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When State and Federal Health Care Laws Collide: Application of the Stark Law to Medicaid Claims and Advice on Protecting a State Law-based Peer Review Privilege During a Federal Health Care Fraud Investigation

Program Number: 2561 Presenter: Meridyth M. Andresen, Esq., Raymond Joseph Burby IV, Esq., Laura S. Perlov, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** While many scholars are focused on recent trends into Medicare fraud schemes, this program discusses the recent trend of government investigations into Medicaid healthcare fraud and recent studies/investigations into Medicaid fraud across the country. Also discussed: • the application of federal Stark Laws to Medicaid programs, recent cases in this area, and how the state Medicaid programs and Federal Stark Laws intersect • advice on how Medicaid Plans and Providers servicing Medicaid beneficiaries can protect themselves from liability under Stark • state peer review privileges, including the scope and breadth of such privileges, and the way in which federal government agencies have been successful in piercing those privileges during their healthcare fraud investigations • advice on how Health Plans and Providers can protect their state-based peer review privilege in advance of

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Business Succession and Estate Planning: What Attorneys Should Know in Advising their Clients

Program Number: 2560 Presenter: Jason J. Kohout, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** In this program for attorneys advising clients on business and estate planning issues, Jason Kohout, Foley & Lardner LLP, provides the legal and strategic framework for a client's business succession, focusing on management, control, and economic ownership. Topics include the legal methods to address succession in each of the foregoing areas as well as a basic overview of tax-efficient estate planning methods to pass the business to the next generation or to shift ownership to a partner or employee.

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Charitable Giving in the Year of a Liquidity Event: A Guide for Attorneys

Program Number: 2559 Presenter: Jason J. Kohout, Esq.

Jason Kohout, Foley & Lardner LLP, covers the tax and legal planning issues for making charitable contributions before or after the sale of a business. Topics include a review of the intersection between charitable giving vehicles (charitable remainder trusts, private foundations, supporting organizations) and business interests (S-corporations, C-corporations and LLCs), and proposals for strategies for avoiding tax while also meeting your client’s charitable goals.

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A Review of EEOC's Fiscal Year ending September 2015 and a Look at What to Expect Next Year

Program Number: 2558 Presenter: Eric S. Dreiband, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Former U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Eric Dreiband, currently a partner at Jones Day, reviews the EEOC's fiscal year ending September 30, 2015, including significant regulatory and policy documents issued by EEOC; its significant wins and losses in the courts, and Supreme Court decisions that considered its position; Congressional oversight of the EEOC; and other significant developments. Mr. Dreiband also discusses: • EEOC’s potential actions, plans and strategies for the coming year. • EEOC's lawsuit that alleges that a hair policy amounted to race discrimination. • The Supreme Court's rejection of EEOC's guidance about pregnancy and sex discrimination. • The Supreme Court's rejection of EEOC's argument that courts cannot review its pre-suit conduct. • The Supreme Court's upcoming term. • Significant pending cases • The status of EEOC's enforcement efforts concerning the

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Mental Health, Competency and Addiction Issues in Older Attorneys: Understanding the Signs and Symptoms and How to Provide Treatment and Support

Program Number: 2547 Presenter: Joan Bibelhausen, JD

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Aging does not equal incompetence. People process information differently as they age based on life experiences and other factors and that can be a true asset. But sometimes there are problems. There’s a difference between “senior moments” and cognitive impairment. There’s a difference in the way we process alcohol and other drugs as we age, and there is the added dimension of the likelihood of interaction with other medications. Dementia, depression and grief have some similar characteristics and even when the signs are there, these can be misdiagnosed, minimizing or causing a delay in recognition and treatment. And older adults are at greater risk for suicide. Cognitive impairment, alcohol and other substance issues and depression can be debilitating to the older adult and can result in

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