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Programs in Regulatory and Administrative Law

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Domestic Partner and Same-Sex Spousal Benefits after Obergefell and Windsor

Program Number: 2638 Presenter: Jeffrey Arnold, Esq., Brian J. Tiemann, Esq.

Brian Tiemann and Jeffrey Arnold, McDermott Will & Emery LLP, discuss the current legal and regulatory issues that employers are facing with respect to same-sex spouses and domestic partners in both qualified retirement plans and health and welfare plans. Topics also include a discussion of recent cases dealing with the retroactive application of same-sex spousal benefit rules.

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Current Issues with Whistleblower-Retaliation Claims: A Guide for In-House Employment and Corporate Attorneys

Program Number: 2636 Presenter: Joshua A. James, Esq., Daniel I. Prywes, Esq.

Dan Prywes and Josh James address ways in which employers can avoid whistleblower-retaliation claims and best manage such claims when they do arise, consistent with whistleblowers’ rights. Topics include: useful contract provisions and compliance measures, the use of arbitration clauses, managing whistleblowing employees in the workplace after a complaint, the recovery of privileged or confidential documents, the discipline or termination of whistleblowers for misconduct or poor performance, and the settlement of whistleblower-retaliation claims.

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Patent Exhaustion after the Federal Circuit’s Decision in Lexmark International, Inc., v. Impression Products, Inc.

Program Number: 2635IP Presenter: Casey Campbell, Esq., Amol Parikh, Esq.

Amol Parikh and Casey Campbell, McDermott Will & Emery, discuss the impact of the Federal Circuit’s decision in Lexmark International, Inc., v. Impression Products, Inc. on the issue of patent exhaustion. Topics include the history of the patent exhaustion doctrine, the changes in the law pronounced by the Federal Circuit, and considerations of potential licensing strategies in view of the case.

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A Review of EEOC's Fiscal Year ending September 2016 and a Look at What to Expect Next Year

Program Number: 2632 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 EEOC's fiscal year ending September 30, 2016, including significant regulatory and policy documents issued by EEOC; its significant wins and losses in the courts, and Supreme Court decisions that considered its position; Congressional oversight of the EEOC; and other significant developments. Mr. Dreiband also discusses: • EEOC’s potential actions, plans and strategies for the coming year • EEOC's lawsuit that alleges that a hair policy amounted to race discrimination • The Supreme Court's decision about standards that govern attorney's fee awards against the EEOC • The Supreme Court's upcoming term • Significant pending and recently-decided cases • The EEOC's efforts to regulate wellness plans • The EEOC's proposed changes to the EEO-1 form and corresponding proposed requirement that employers report information about employee pay • The status of EEOC's enforcement efforts concerning the use by employers of criminal and

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Supreme Court Round-Up: Analysis of the Supreme Court's 2015-2016 Labor and Employment Decisions and a Preview of the Upcoming Term

Program Number: 2631 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 2015-2016 term, including the Court's decisions about how the First Amendment applies to mandatory union dues; when a court may award attorney's fees to a prevailing defendant in a civil rights employment case; when the filing period for constructive discharge claims begins to run; class action standards for wage and hour and other employment class and collective actions; exemptions to the Fair Labor Standards Act; standards that govern whether an offer of judgment to a plaintiff in a class action may moot such a case; and religious liberty and employee health insurance.

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Supreme Court Review: IP Cases from the October 2015 through June 2016 Term

Program Number: 2627IP Presenter: Anthony F. Lo Cicero, Esq.

During the 2015-2016 term, the Supreme Court is expected to issue decisions in Stryker Corp. v. Zimmer, Inc. and Halo Elec. V. Pulse Elec., relating to the award of enhanced damages in patent cases; Samsung Elec. V, Apple, Inc., regarding the design patent scope and monetary recovery; and Cuzzo Speed Tech. v. Lee, dealing with the scope of claim construction in PTAB proceedings and the reviewability of institution decisions. Join Anthony Lo Cicero of Amster, Rothstein & Ebenstein LLP for a discussion of these important cases and their likely ramifications.

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The California Challenge for Corporate Counsel: Managing Leaves of Absences, Accommodations and the Interactive Process

Program Number: 2623 Presenter: Ann Kotlarski, Esq., Payne & Fears LLP

California is unique in providing numerous protected leaves of absence to employees that far exceed the federal leave laws, and it is easy for an employer to run afoul of the many, varied state and federal legal requirements concerning leaves of absence, accommodations, and the interactive process. In addition to the FMLA and ADA, California has its own requirements for accommodations under the Fair Employment Housing Act and for taking medical leave under the California Family Rights Act and the Pregnancy Disability Leave Act. There are also a myriad of non-medical leaves of absence for employers to manage, such as Domestic Abuse Leave, School Activities Leave, Volunteer Firefighter’s Training Leave and Victims of Crime Leave. And this year California has introduced the Paid Sick Leave law. The cumulative impact of understanding and proactively managing all of the protected leaves while running a productive business is a challenge. So many

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Drone Law Update: from New Registration Rules to Recent Regulatory Developments

Program Number: 2621 Presenter: Shalem A. Massey, Esq.

New FAA registration rules governing drones became effective on December 21, 2015. Join us for this program covering the details and practical application of the new drone registration rules. Topics include: • what is and what is not a drone under the regulations; • overview of the FAA’s classification and terminology and where hobby use ends and commercial use begins; and • practical advice for attorneys counseling drone owners, including discussion of compliance and best practices with an emphasis on understanding the legal requirements from both the state and federal perspectives.

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What Attorneys Should Know about Designing the Most Effective Data Security Vendor Management Program

Program Number: 2619 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 **** Companies today are reliant on a broad array of software and other information technology (IT) offerings to operate their businesses. For companies of all sizes, many of these IT offerings are now provided by third party vendors. In recognition of the increasingly fundamental role played by IT vendors, programs to evaluate and manage are now priorities for many companies. Join Jason Haislmaier of Bryan Cave LLP as he discusses the role of IT vendor management programs, key strategies for establishing and maintaining those programs, and tools for addressing the significant legal and regulatory data privacy and security compliance issues that can arise in IT vendor relationships.

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Advising Your Board and Executives about Data Security and Privacy Risks: Latest Developments and Guidance for Attorneys

Program Number: 2618 Presenter: Jason D. Haislmaier, Esq.

Data security and data privacy issues have risen to become top priorities for boards and executives. The legal, regulatory, and fiduciary requirements placed on board members and executives continue to grow. Board members and executives are also confronted by ever increasing shareholder expectations regarding their roles in data security and privacy compliance. Join Jason Haislmaier of Bryan Cave LLP for a discussion of strategies and best practices for advising and supporting board members and executives to help them meet their quickly-expanding roles in these areas.

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