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Programs in Securities & Investing



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All Good Things Come to an End: Preserving Value, Minimizing Liabilities and Taking Advantage of Opportunities During an Economic Downturn

Program Number: 2933 Presenter: Marc E. Hirschfield, Esq., Marc Skapof, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** A decade after the “Great Recession,” numerous indicators—some new, some old—point to the reemergence of troubled times in the near future. Regulators and investors have little to no visibility into the pools of hundreds of trillions of dollars of derivatives and other esoteric securities pegged to the debt markets; outstanding U.S. corporate debt exceeds $7.5 trillion; interest rates are on the rise; geopolitical uncertainty over trade policy and BREXIT contributes to market volatility and a wall of high yield debt is set to mature in 2019/2020. Against this backdrop, it would be fool hardy to assume the good times will never end; instead, prudence dictates preparing for the storm before it reaches shore. This program is designed to equip in-house and outside counsel alike with the knowledge

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A FISA Primer- Everything You Didn’t Know, You Didn’t Know

Program Number: 2878 Presenter: George W. Croner, Esq.

Electronic surveillance represents the most important foreign intelligence collection tool available to the U.S. government. Correspondingly, the ability to surveil constitutes one of those activities most susceptible to abuse by a government against its citizens. For years, electronic surveillance for foreign intelligence purposes was considered an exclusively Executive Branch authority, and every president from Franklin Roosevelt to Richard Nixon authorized its use. When serious abuses by U.S. intelligence agencies were revealed during congressional hearings held in the aftermath of Watergate, Congress reacted by passing the Foreign Intelligence Surveillance Act which, for the first time, subjected foreign intelligence electronic surveillance conducted in the United States to a statutory regimen that included approval by a newly created Foreign Intelligence Surveillance Court. Today, there is more discussion, and controversy, about FISA than at virtually any other time in its history. This program is going to discuss the evolution of the use

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Mastering Bitcoin, Blockchain and Digital Currency Law

Program Number: 2873a Presenter: John Rafferty, Esq.

Bitcoin and other cryptocurrencies are unique from other currencies in that they exist on a continuously growing, immutable database, that when linked together, form a blockchain. Cryptocurrencies are largely decentralized and as such, are subject to competing regulations. This raises some interesting legal issues, especially with regard to the recovery of lost assets. In 2018, individuals around the world are using hundreds of different cryptocurrencies to pay for coffee, new homes and even legal services. But blockchain-use cases are not limited just to cryptocurrency. Increasingly, blockchains are being used for supply-chain management, intellectual property, fraud detection, regulatory compliance, audits, data storage and even smart-contract creation.

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The Practical Guide to the California Consumer Privacy Protection Act

Program Number: 2868 Presenter: David A. Zetoony, Esq.

The California Consumer Privacy Protection Act of 2018 (“CPPA”) is arguably the most comprehensive - and complex - data privacy regulation in the United States. The CCPA was designed to emulate the European General Data Protection Regulation (“GDPR”) in many respects. The program will address how the CCPA is like, and how it differs from, the GDPR, and practical steps that companies should take to come into compliance with the regulation. The program’s presenter, a partner at the law firm of Bryan Cave Leighton Paisner, has been ranked by Lexology as the most read author on data privacy and security in the world, and is the author of the American Bar Association’s General Data Protection Regulation: Answers to the Most Frequently Asked Questions.

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When Quasi-Municipalities Go Bad: How Does It End?

Program Number: 2867 Presenter: Karol K. Denniston, Esq., Travis A. McRoberts, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** When municipal subsidiaries and affiliated entities “quasi-municipalities” are distressed, investors often awaken to unexpected litigation regarding whether the entity is a governmental unit or not. The answer to this question determines whether a court supervised restructuring can take place at all and whether it must be filed as a chapter 11 restructuring or as a chapter 9 municipal restructuring. When states do not permit governmental entities to file chapter 9, the default is often chapter 11 and the courts, over investor objections, have permitted chapter 11 restructurings to move forward. Assessing the risk that arises from uncertainty regarding whether and what bankruptcy proceedings can be used should be part of the investor’s underwriting process. In this webinar we will review the case law and talk about specific due diligence that should be

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Cyber Liability 101: The Threats of Cyber / Data / Network Liability

Program Number: 2864 Presenter: Ralph A. Pasquariello, CLCS

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** The exposure to Cyber threats for companies has escalated over the past 10 years. What was once a random act, simple hacking has grown into a wave of unstoppable organized crime. Firewalls are no longer a defense for the pinpoint accuracy of Spear Phishing. The criminals of the past that stole simple information and data have been replaced by massive attacks resulting in severe business interruption, ransom demands, and information/data destruction. Cyber security is a must, but more import is a Cyber Liability Insurance Policy which will cover your costs in the event of a Cyber Attack. There are many facets of Cyber-crime with its endpoint targets constantly changing, thus: the need for carefully designed coverages which can blend Cyber/Crime/Technology coverages to defend today’s electronic

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The High Court and Securities Law: A Look Back at the 2018 Term and the Coming Term

Program Number: 2863 Presenter: Thomas O. Gorman, Esq.

Digital Realty Trust. Cyan and Lucia defined key securities law issues regarding whistleblowers, class actions and perhaps the future of government administrative enforcement actions. While the Supreme Court has only agreed to hear one securities case to date in the coming term, it has the potential to be a blockbuster: Lorenzo will consider the long simmering question about what constitutes scheme liability and whether the SEC can use the theory to evade Janus on false statements and perhaps wipe out the distinction between primary and secondary liability. If Judge Kaveanaugh from the D.C. Circuit is confirmed the case may be more interesting – he wrote the dissent in Lorenzo in the D.C. circuit which is highly critical of the SEC’s position.

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Answers to the GDPR’s Most Frequently Asked Questions

Program Number: 2862 Presenter: David A. Zetoony, Esq.

The European General Data Protection Regulations (“GDPR”) is a complex, comprehensive, regulatory framework that purports to apply to companies in Europe and the United States. While the GDPR is many things – intuitive, it is not. The presenter collected over 150 of the most common (and perplexing) questions concerning the GDPR from companies across the United States. This program will focus on the most popular of those questions and explore the answers under the European regulation.

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Back to the Future: Criminal Insider Trading Under Title 18

Program Number: 2854 Presenter: Peter R. Dubrowski, Curtis B. Leitner, Jonathan S. Sack, 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 government has brought charges for illegal insider trading primarily under the federal securities laws, chiefly Section 10 of the Securities Exchange Act and Rule 10b-5. In a small number of cases, the government has taken a different approach -- charging insider trading in violation of not only Rule 10b-5 but also Section 1348 of Title 18. That was the case in the the high-profile SDNY prosecution in United States v. Blaszczak et al., which involved trading on the basis of confidential information about prospective changes to Medicare reimbursement rates. In that case, the defendants were acquitted on the Rule 10b-5 charges but convicted on the Section 1348 charges, even though the charges related to the same securities trading. In this program, Jonathan Sack – a former chief of the criminal division in

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Recent Developments in Delaware M&A Litigation

Program Number: 2843 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 **** In this program, Jones Day partners Mark W. Rasmussen and Evan P. Singer discuss recent trends in takeover litigation in the Delaware Chancery Court and beyond, including the current effects of cases considering the so-called “disclosure only” settlements, such as Delaware Chancellor Bouchard’s opinion in Trulia, Judge Posner’s opinion in In re Walgreen Co. Stockholder Litigation, and the New York Appellate Division’s opinion in Gordon v. Verizon Communications, applying New York law.

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