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Programs in Regulatory and Administrative Law



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Data Privacy Challenges in Global Employment Management: A Guide for In-House Attorneys

Program Number: 2520 Presenter: Jana Fuchs, Esq., David A. Zetoony, Esq.

This presentation and interactive case study focuses on the challenges companies have to solve when operating a global HR system. Topics include the regulatory framework for collection and processing of personal employee data, the transfer of such data within a corporate group, purpose limitation and conflicts of law. In particular, Part I covers: • Introduction to the legal framework for data transfers (2-Stage Assessment) -Stage 1 – Processing of Employee data (with practice examples) -Stage 2 – Transfer of Employee data (with practice examples) • Overview – Adequate data protection guarantees (Safe Harbor, Model Clauses, BCR) • Discussion part - Challenges for HR management (with practice examples) • Outlook – EU Privacy Regulation and its potential effects Part II covers a sample case study.

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Data Privacy, Data Security, and Cloud and IT Vendor Agreements: A Guide for In-House Counsel

Program Number: 2519 Presenter: Jason D. Haislmaier, Esq.

The services provided by cloud computing, hosting, data storage, outsourcing, and other information technology (IT) vendors have become fundamental resources for most companies. Data privacy and data security issues have rapidly risen to the forefront in vendor agreements for these services and are now often among the most hotly contested provisions in those agreements. Join Jason Haislmaier of Bryan Cave LLP as he discusses some of the more significant data privacy and data security issues that can arise in cloud and IT vendor agreements and how to draft and negotiate provisions in the agreements for mitigating the risks caused by those issues.

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What In-House Counsel Should Know about Data Privacy and Data Security in a Big Data World

Program Number: 2518 Presenter: Jason D. Haislmaier, Esq.

The term “Big Data” has become synonymous with the ability to rapidly analyze large volumes of data to predict outcomes and draw other insights. Big Data has grown exponentially as the insights reaped from data analysis have become crucial to the success of many companies. With this growth have come a number of data security and data privacy considerations and requirements for companies involved with big data. Join Jason Haislmaier of Bryan Cave LLP for a discussion of these considerations and requirements, including established and emerging legal standards, regulatory requirements, and best practices for data privacy and data security in a “Big Data” world.

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Supreme Court Round-Up: Analysis of the Supreme Court's 2014-2015 Labor and Employment Decisions and a Preview of the Upcoming Term

Program Number: 2515 Presenter: Eric S. Dreiband, Esq.

Former U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Eric Dreiband, currently a partner at Jones Day, reviews the Supreme Court's labor and employment law decisions from the 2014-2015 term, including the Court's decisions about the Pregnancy Discrimination Act in Young v. United Parcel Service; the authority of the Equal Employment Opportunity Commission in Mach Mining v. EEOC; and the latest development under the Fair Labor Standards Act as decided by Integrity Staffing Solutions, Inc. v. Busk. Also discussed: the Supreme Court's upcoming 2015-2016 term.

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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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