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Programs in Regulatory and Administrative Law



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A Guide for In-House Counsel on How to Draft the Terms of a Cybersecurity "Bounty" Program

Program Number: 2521 Presenter: Joshua A. James, Esq., David A. Zetoony, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Companies are often contacted by individuals claiming to be "white hat" hackers who purport to have identified a security vulnerability and are willing to share it with the company for a price. These requests are often perceived as extortion or blackmail when they are unsolicited, but having such cybersecurity information may ultimately benefit the companies, so they are increasingly deciding to create formal “bounty” programs to encourage such hackers, and the public at large, to come forward. This program addresses the legal implications of creating (or not creating) a "bounty" program and provides practical advice for in-house counsel on how to structure and draft such a program.

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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.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** 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.

**** 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 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.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** 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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The Supreme Court 2015—Intellectual Property Remains in Focus, from the Celesq®-West LegalEdcenter IP Master Series

Program Number: 2509IP 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 **** During the 2014-2015 term, the Supreme Court added trademark law to its roster of IP decisions. In addition to setting new standards for review of patent claim construction decisions (Teva), the Court issued important trademark decisions, recasting the potential preclusive effect of TTAB decisions on likelihood of confusion (B & B Hardware), and concluding that trademark tacking (and the potential likelihood of confusion) is a question of fact for the jury (Hana Financial). And with upcoming decisions on post expiration royalties (Kimble) and defenses to a charge of inducement (Commil), this promises to be one of these most significant terms in recent memory. Join Anthony LoCicero of Amster Rothstein & Ebenstein as he discusses these decisions and their potential impacts on patent and trademark practice.

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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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