AttorneysEd Center

Even as the understanding and prevalence of the Cloud continues to escalate and as companies continue to migrate data and services to the Cloud, counsel for many companies are still attempting to review contacts for cloud services as if they were software contracts or fail to understand and appreciate issues regarding security, performance, availability, disaster recovery and business continuity. In addition, many fail to properly appreciate the implementation process or the effort involved to move to another vendor and thus, fail to consider the costs of signing on and how it may lock the company in with the vendor as switching vendors may be cost prohibitive. Join Matt Karlyn and Aaron Tantleff of Foley & Lardner LLP as they discuss some of the more significant issues that arise during negotiations with cloud providers and how to effectively negotiate terms and mitigate risks.

In M&A transactions, the results of a legal due diligence investigation can significantly impact the terms of the transaction and in some cases, whether the deal even moves forward. Proper intellectual property due diligence investigation may lead to the restructuring of a deal, change in the purchase price, reaching out to third parties or walking away from the deal. However, in many deals, the intellectual property assets are the only material assets or represent the key assets driving the deal, and unfortunately, all too often the documentation supporting a target's intellectual property assets (or lack thereof) are overlooked or not reviewed, because of the erroneous assumption that a target company outright owns all key intellectual property, and that such intellectual property will transfer automatically upon the close of the deal, or that any defects that may exist with respect to the intellectual property can be cured with standard representations,

Although the general obligation to preserve documents and potential penalties for spoliation are clear, the scope of the required preservation is often unclear. As a result, a company that must decide how broadly to preserve often ends up going beyond its obligations, which can result in great expense and inconvenience. In this program of particular interest to in-house and corporate counsel, Carmen McLean, a partner at Jones Day, explores ways to minimize both over-preservation and exposure to spoliation allegations.

Transactional attorneys have their litigation colleagues on speed dial when their clients want out of a contract or when the other side wants out. Often times, however, litigators are not involved until that point. Join Matthew Karlyn (transactional partner) and Courtney Worcester (litigator) as they continue their discussion of why a team effort early on in the process of reviewing and drafting contracts provides the best protection and long-term value for clients. Using real life examples of contract provisions, they provide helpful drafting tips and cautionary tales to protect your clients under a variety of circumstances.

The effective and persuasive use of exhibits at trial, both substantive and demonstrative, is vital to a trial lawyer’s success. In this session of our popular series of programs on key aspects of trial, trial preparation, and litigation skills, Jones Day partners Tom Jackson and Mike Ginsberg discuss the creation, admission, and use of exhibits to enhance the persuasiveness of the evidentiary presentation at trial. In particular, our presenters, who have over 50 years of combined experience in litigation and have been teaching trial skills to Jones Day associates and others for more than 20 years, discuss the use of exhibits to set the scene, to explain key facts and relationships, and to highlight evidentiary issues central to the lawsuit. View 2012-2013 programs from the Trial Skills series: 2243- Preparing for, Taking, and Defending Depositions $120.00Audio CD Add to Cart $120.00Online Audio Add to Cart

Our popular series of programs on key aspects of trial, trial preparation, and litigation skills continues with Jones Day partners Tom Jackson and Mike Ginsberg, who discuss jury selection techniques and strategy, including a focus on using the jury selection process to start "selling" your case themes to the jury. Topics covered by Messrs. Jackson and Ginsberg, who have over 50 years of combined experience in litigation and have been teaching trial skills to Jones Day associates and others for more than 20 years, also include: • methods of questioning so that you can determine which prospective jurors are most likely to be receptive to your client's perspective, and • suggested ways of identifying potential juror biases. View 2012-2013 programs from the Trial Skills series: 2243- Preparing for, Taking, and Defending Depositions 2244- Tips for Persuasive Motion

In this program for all attorneys, Carmen McLean, a partner at Jones Day, and Sara R. Kusiak, a Jones Day associate, provide a basic introduction to computer-assisted document review, including an explanation and comparison of the various technologies available in today's market. Building on this basic introduction, attendees can better understand the practical and effective distinctions between the advanced tools at their disposal, the pros and cons to each approach, and the instances in which each tool is most appropriate and effective. Our presenters also discuss: • the emerging legal standards for computer-assisted review from the few courts that have recently begun to consider and manage cases using predictive coding; and • fundamental issues of transparency, party involvement, accuracy, and reliability, knowledge of which allows practitioners to better detect, avoid, and preempt pitfalls when they adopt these new technologies in their own cases. NOTE: This course has been approved for Minimum Continuing

In this session of our popular series of programs on key aspects of trial, trial preparation, and litigation skills, Jones Day partners Tom Jackson and Mike Ginsberg discuss preparing for and presenting motion arguments, ranging from preliminary motions, such as motions to dismiss and discovery motions, to motions for injunctive relief and for summary judgment. Our presenters, who have over 50 years of combined experience in litigation and have been teaching motions practice skills to Jones Day associates for more than 20 years, focus on presentation style, use of rhetorical devices, use of demonstrative materials, argument structure, and use of rebuttal time. View 2012-2013 programs from the Trial Skills series: 2243- Preparing for, Taking, and Defending Depositions 2302- Voir Dire 2303- Exhibits at Trial View

Our popular series of programs on key aspects of trial and trial preparation, presented by Jones Day partners Tom Jackson and Mike Ginsberg, expands to add critical litigation skills. In this session, Messrs. Jackson and Ginsberg, who have over 50 years of combined experience in litigation and have been teaching deposition skills to Jones Day associates for more than 20 years, discuss the ins and outs of deposition practice. Topics include: • the different types and purposes of depositions • effective questioning techniques • preparing the witness for the deposition • defending the deposition • use of the funnel technique for discovering information • exhausting topics of inquiry • techniques for testing theories and obtaining admissions • taking and defending depositions of expert witnesses View 2012-2013 programs from the Trial Skills series: 2244- Tips for Persuasive Motion Argument 2302- Voir Dire

Steve Bennett, a partner at Jones Day, offers practical insights and techniques for drafting clear and enforceable contracts. In this program for all attorneys, our presenter discusses: • Goals of drafting • Preliminary and incomplete agreements • Standard and "boilerplate" terms • Drafting tips • Resources NOTE: This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.0 credit hours, of which 0 credit hours will apply to legal ethics/professional responsibility credit.