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Programs in Regulatory and Administrative Law



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Cyber-Insurance: Should In-House Counsel Consider Data Breach Insurance Legally and Practically Necessary?

Program Number: 2436 Presenter: David A. Zetoony, Esq.

“Data breaches” have become daily events and are consistently ranked by general counsel and corporate boards as one of the top five concerns impacting the business. In order to deal with this rising risk, companies are increasingly considering “cyber-insurance” policies as a solution, and are asking in-house counsel to help evaluate the benefit of these policies for mitigating— or ameliorating—the legal risks. While a good cyber-insurance policy can help mitigate the cost of a data breach, looking at the coverage limit alone can be very misleading. Following a data breach companies often discover that the insurance that they purchased does not cover, or only partially covers, the potential costs and legal liabilities that come with data security breaches. Join Bryan Cave partner David Zetoony, who provides valuable guidance for in-house counsel to (1) understand the types of data breaches that impact companies, (2) estimate the legal and defense costs that may

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Lessons Learned from the 2014 Proxy Season: Insights and Tips for In-House Corporate and Securities Lawyers

Program Number: 2432 Presenter: Roger A. Lane, Esq., Michael Thompson, Esq., Courtney Worcester, Esq.

Join Roger Lane, Courtney Worcester, and Michael Thompson as they review the hot button issues from this year’s proxy season, including say-on-pay votes, shareholder activism and more. Also to be discussed are the recent trends and how they can be used by counsel to prepare for the 2015 proxy season.

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Current Ethical Issues for In-House Counsel: E-Discovery, Contacts with Unrepresented Persons, Consultants and More

Program Number: 2430 Presenter: Roger A. Lane, Esq., Courtney Worcester, Esq.

In this program of particular interest to in-house counsel, Roger Lane and Courtney Worcester explore ethical issues raised by technology (cloud computing and electronic discovery), dealing with unrepresented parties, conflicts of interest, maintaining privileges with consultants, conducting internal investigations and wearing the dual hats of lawyer and business person. ABA Model Rules of Professional Conduct 1.6, 1.7, 1.8, 4.3 and others are discussed.

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A Targeted Discussion of Data Breaches: Responding to a Payment Card (PCI) Breach

Program Number: 2427 Presenter: David Chamberlin, Erin Nealy Cox, David A. Zetoony, Esq.

“Data security breach” has gone from being something discussed by legal-techies to a daily news items in mainstream media. As the public becomes more concerned about data breaches, specifically those involving their credit cards, companies and their counsel are also realizing that a payment card (“PCI”) data breach carries with it substantial legal risk. In this program, our presenters focus on what to do if you suspect a PCI data breach and specifically discuss the following topics: the unique contractual obligations that a company has to investigate PCI breaches, and to coordinate their investigation with their financial business partners; strategies for communicating information to the public so as to minimize the chances of litigation or investigations; and strategies for conducting a forensic investigation that is complete, accurate, and positions the company to defend itself in litigation if needed.

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Whistleblower Protection Expanded: Lawson v. FMR, LLC

Program Number: 2426 Presenter: Roger A. Lane, Esq., Courtney Worcester, Esq.

The United States Supreme Court’s recent decision in Lawson v. FMR, LLC, resolved a circuit split and determined that the whistleblower protections of the Sarbanes-Oxley Act of 2002 apply to private contractors that perform work for publicly held companies. As a result of this decision, private employers that do business with publicly held companies need to be cognizant that their employees may be covered by SOX’s whistleblower protections and will need to ensure that they have the necessary policies and procedures in place to encourage and protect whistleblowers. Join Roger Lane and Courtney Worcester as they review the Court’s decision and provide practical advice for companies and their counsel to minimize their exposure to whistleblower claims.

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Employee Benefits for Same-Sex Partners-Required Benefits and Best Practices Post-DOMA

Program Number: 2424 Presenter: Todd A. Solomon, Esq.

In June 2013, the United States Supreme Court ruled that the federal definition of marriage limited to one man and one woman was unconstitutional, and Section 3 of the Federal Defense of Marriage Act ("DOMA") was repealed. The Court's ruling had dramatic implications for employee benefit plans and requires many plans that did not previously cover same-sex spouses to do so. In addition, more and more states continue to legalize same-sex marriage, and the federal and state taxation of health benefits offered to same-sex partners has grown more complicated before it's getting simpler. To top it all off, the IRS has issued some guidance, but has not yet issued critical guidance governing the retroactive impact of the Supreme Court ruling. Join Todd Solomon, a partner at McDermott Will & Emery LLP, and a frequent speaker and writer on employee benefits issues resulting from domestic partnerships and same-sex marriages, as he discusses the Court's

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Supreme Court Round-Up: Analysis of the Supreme Court's 2013 and 2014 Labor and Employment Cases and a Preview of the Upcoming Term

Program Number: 2420 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 2013-2014 terms, including the Court's decision about whether President Barack Obama violated the Constitution when he made recess appointments to the National Labor Relations Board and the Court's decision about whether United States Steel Corporation must pay steel workers for time spent changing into work clothes and protective equipment. Also discussed: cases that involve labor unions, and a state government's ability to compel workers to pay union dues, and the Supreme Court's upcoming 2014-2015 term.

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EEOC's Administrative Process: EEOC's "Sue First, Ask Questions Later" Strategy and the Federal Courts

Program Number: 2419 Presenter: Eric S. Dreiband, Esq.

Former U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Eric Dreiband, currently a partner at Jones Day, discusses strategies for responding to EEOC investigations and litigation; recent developments in the courts about the EEOC's obligations to comply with its procedural requirements; the EEOC's violations of its legally mandated procedures; significant court decisions about the EEOC; and other significant developments.

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Recent Developments at the EEOC: An Update about the EEOC's Enforcement Strategies and Litigation Program

Program Number: 2418 Presenter: Alison B. Marshall, Esq.

Alison B. Marshall, a partner at Jones Day, reviews the recent developments at the EEOC, including significant regulatory and policy documents issued by EEOC; its significant wins and losses in the courts; EEOC's investigation and litigation priorities; and other significant developments. Also discussed are EEOC’s potential actions, plans and strategies for the coming year.

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Best Strategies for Conducting Anti-Corruption Due Diligence in Emerging Markets

Program Number: 2414 Presenter: Edward J. Fishman

Edward J. Fishman, Esq., a partner in the Washington, D.C. office of K&L Gates LLP, has a broad range of experience advising clients with respect to U.S. and foreign government procurements, securities enforcement and compliance matters, cross-border transactions and complex infrastructure projects. Mr. Fishman has substantial experience representing clients in connection with the Foreign Corrupt Practices Act (“FCPA”), export control and other U.S. laws that apply to business activities outside the U.S., and he has conducted global internal investigations relating to FCPA, internal fraud, auditor independence and financial accounting irregularities for public and private companies in various industries. He manages a global team of lawyers that conducts FCPA due diligence and compliance reviews, has provided Code of Conduct training to clients in numerous countries, and regularly advises clients with respect to matters before the U.S. Department of Justice and the U.S. Securities and

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