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Programs in Regulatory and Administrative Law



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Complying with the EU General Data Protection Regulation (GDPR): Revising Incident Response Plans and Data Breach

Program Number: 2818 Presenter: Christopher M. Achatz, Esq., David A. Zetoony, Esq.

This program discusses the requirements of the EU General Data Protection Regulation (“GDPR”), which becomes effective May 2018, with specific focus on the obligations that the GDPR imposes in Articles 33 and 34 to respond in the event of a data breach. The program explores changes to incident response plans that may be needed to document compliance. A must program for in-house, corporate and compliance counsel for companies needing to comply with the new European data privacy and security regulations.

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Complying with the EU General Data Protection Regulation (GDPR): Data Subject Requests

Program Number: 2817 Presenter: David A. Zetoony, Esq.

This program discusses the requirements of the EU General Data Protection Regulation (“GDPR”), which becomes effective May 2018, with specific focus on the rights provided to data subjects in Articles 16-20. The program explores the ways in which companies seek to comply with requests by data subjects to exercise those rights, and provides practice pointers for the creation of such policies. A must program for in-house, corporate and compliance counsel for companies needing to comply with the new European data privacy and security regulations.

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Complying with the EU General Data Protection Regulation (GDPR): Conducting Data Inventories

Program Number: 2816 Presenter: David A. Zetoony, Esq.

This program discusses the requirements of the EU General Data Protection Regulation (“GDPR”), which becomes effective May 2018, with specific focus on the requirements of Article 6, to have a permissible purpose with respect to all data processed, and Article 30, to keep records of processing activities. The program explores the ways in which companies seek to comply with these requirements and discusses in particular the use of data inventories or data maps as a compliance tool, and addresses the challenges that organizations face when attempting to conduct such inventories/maps. A must program for in-house, corporate and compliance counsel for companies needing to comply with the new European data privacy and security regulations.

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Data Privacy and Security Issues in M&A Transactions for Transactional, Technology and Corporate Lawyers

Program Number: 2813 Presenter: Jason D. Haislmaier, Esq.

Data privacy and data security present unique obligations and potentially significant liabilities for both buyers and sellers involved in M&A transactions. In addition, data itself is now often a key asset in driving the value of many M&A transactions. Starting with the initial stages of a deal, and extending through negotiation and signing to post-closing integration, this program focuses on strategies for identifying and addressing these obligations and liabilities, while capturing and preserving the value of data in M&A transactions.

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What Attorneys Should Know about the Ever-Expanding Role of Open Source and Third-Party Software in Cybersecurity

Program Number: 2812 Presenter: Jason D. Haislmaier, Esq.

As open source software has grown in importance, so too have the number of cybersecurity breaches involving hackers exploiting vulnerabilities in open source software. In this program of particular interest to IP, technology, corporate, and compliance attorneys, Jason Haislmaier examines the intersection of open source software and cybersecurity. Topics include: the legal and regulatory risks involved in the use of open source software, the role open source has played in several high-profile security incidents, lessons learned regarding the unique security challenges posed by open source, and actions to take to address those challenges.

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Recent Trends in the SEC Whistleblower Program and Tips for Addressing Whistleblower Complaints

Program Number: 2811 Presenter: Elaine Drodge Koch, Esq., Jennifer Kies Mammen, Esq., Mark A. Srere, Esq.

In this program of particular interest to in-house lawyers and litigators at public companies, our presenters address the SEC’s Dodd-Frank Whistleblower Program and recent trends in whistleblower actions, and offer practical tips for compliance programs and policies to address and mitigate whistleblower complaints.

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SEC Enforcement 2018: New Directions and Challenges

Program Number: 2810 Presenter: Thomas O. Gorman, Esq.

Tom Gorman examines the new direction laid out for the SEC’s Enforcement Program by Chairman Clayton, trends emerging as the new year begins and significant challenges the Division will face. Emerging trends include the declining number of actions being brought along with a continuing drop in those cooperating with the SEC. Key issues the Division will face include forum selection and the use of ALJs, the impact of the Supreme Court’s decision in Kokesh holding disgorgement to be a penalty, the upcoming decision of the Court in Digital Realty on whistleblowers, and the impact of Martoma on insider trading.

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Common Post-Acquisition Disputes and How to Avoid Them: Practical Guidance for In-House and Corporate Attorneys

Program Number: 2808 Presenter: Jasmine Coo, Michael Thompson, Esq.

Mergers, acquisitions, and asset sales often have many moving parts that require clients to engage subject matter experts to review both proposed terms and due diligence on a host of topics from environmental matters to tax and employment matters. But what about the rest of the contract? Often issues arise post-closing that were not fully anticipated during the transaction. The culprits are usually boilerplate terms (such as arbitration, choice of law, force majeure, and integration clauses) and terms designed to mitigate future risk (such as earn outs and indemnities). In this program, Michael Thompson and Jasmine Coo take you through the contract terms that are most commonly disputed after the closing of a merger, acquisition, or asset sale and provide tips to help you avoid expense and heartache in the long run.

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Not #metoo: Sexual Harassment and How to Prevent Being the Latest Headline

Program Number: 2805 Presenter: Donald L. Samuels, Esq.

The headlines have been full of claims of sexual harassment and sexual assault. In this time of heightened interest and scrutiny regarding this topic, Don Samuels discusses what is sexual harassment and sexual assault; who is responsible for it; what are the legal liabilities and the costs, both economic and non-economic; and best practices for recognizing, addressing and preventing sexual harassment. A must program for all attorneys, particularly in-house counsel and litigators, about the legal issues surrounding sexual harassment and misconduct in the workplace.

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How to Investigate #metoo Claims: A Nuts and Bolts Guide for In-House Employment and Corporate Counsel

Program Number: 2804 Presenter: Ann Kotlarski, Esq., Judicate West

Sexual harassment and sexual misconduct in the workplace are high profile issues for all attorneys and conducting prompt and thorough investigations into a “#metoo” claim is essential. Join Ann Kotlarski, who provides a nuts and bolts discussion for conducting proper investigations that can convince a jury (and your client’s other employees) that you have done the right thing, including: determining what to investigate; formulating an investigation plan; conducting interviews; assessing witness credibility; documenting the process; making recommendations; remediating wrongdoing; minimizing the likelihood of retaliation claims and avoiding similar claims in the future.

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