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

Program Number: 2725 Presenter: Jason D. Haislmaier, Esq.

While cloud computing and other hosted and online services have become fundamental resources for many companies, using them can also lead to significant legal concerns over data privacy and security. As a result, the provisions involving these issues in such service agreements have become hotly contested. Join Jason Haislmaier of Bryan Cave LLP as he discusses significant data privacy and security concerns that can arise in cloud and other hosted and online services agreements and provides tools for addressing these issues and mitigating the risks that come with them.

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Post-Grant Patent Office Proceedings After the AIA: Lessons from the First Five Years

Program Number: 2724IP Presenter: Brian A. Jones, Esq., Amol Parikh, Esq.

The creation of Inter Partes Review (IPR), Post Grant Review (PGR), and Covered Business Method Review (CBMR) has drastically impacted and shifted patent litigation strategy since 2012. These proceedings have proven to be a relatively cost-effective approach for a party seeking to challenge the validity of a patent. But these proceedings are not without their critics, and numerous issues have developed relating to the authority of the Patent Office concerning grant or denial of institution, the applicable claim construction and invalidity standards, and the effect of estoppel, just to name a few. This presentation focuses on the evolution of Post-Grant Patent Office proceedings, recent reforms, current trends, and potential changes that may occur in the near future.

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Common Pitfalls of Fiduciary Duties of Officers and Directors and How to Avoid Them: Essential Guidance for In-House and Corporate Counsel

Program Number: 2723 Presenter: Megan Lopp Mathias, Esq.

In this important program for in-house and corporate counsel, Megan Mathias covers the scope of fiduciary duties of officers and directors and how to navigate the legal challenges. Topics include: discussion of the various fiduciary responsibilities, avoidance of problematic scenarios, and how to address conflicts when they arise.

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Restraining Former Employees from Improper Use of Confidential Information and Enforcing Non-Competition Provisions

Program Number: 2722 Presenter: Megan Lopp Mathias, Esq.

This program, for employment and corporate counsel and litigators, addresses the legal challenges in enforcing confidentiality provisions and non-competition provisions against former employees. Topics include: an explanation of the line between not interfering with the employee's ability to work and protecting the disclosure of the former employer's information; and information on how to obtain a temporary restraining order (TRO).

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Positive Steps to Increase Gender Diversity and Eliminate Bias in the Legal Profession

Program Number: 2721 Presenter: Alton (Al) B. Harris, Esq., Andrea S. Kramer, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** In this lively and thought-provoking program, Andrea S. Kramer and Alton B. Harris discuss how implicit gender bias can prevent legal organizations (such as corporate legal departments and law firms) from achieving their desired diversity goals and surprisingly, their economic goals. Using the ABA's Professional Responsibility Model Rule 8.4(g) and state bar professional responsibility rules as a skeletal structure, the presenters discuss how gender stereotypes and implicit biases hold legal organizations back from achieving necessary gender diversity and inclusion, and reduce career opportunities and advancement progress for women attorneys. They also focus on how people can avoid or overcome the discriminatory negative effects of gender bias, such as in the career-sensitive decisions (hiring, assignments, evaluations, compensation, and promotion policies) that are most often affected by implicit biases. Finally,

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Conducting Effective Witness Interviews: A Guide to Understanding the Legal and Privilege Considerations and Practical Tips and Considerations

Program Number: 2720 Presenter: David Silva, Esq., Evan P. Singer, Esq.

In this program for all in-house and corporate counsel and litigators, Evan Singer and David Silva provide an in-depth discussion of issues to consider when conducting witness interviews for purposes of internal investigations or litigation. Topics include the potential application of attorney-client privilege (such as the Upjohn warning); practical tips and strategies for conducting the interview; and some post-interview considerations and strategies.

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Conducting a Data Privacy Assessment: Scanning for Gaps in an Organization’s Privacy Program

Program Number: 2719 Presenter: David A. Zetoony, Esq.

Conducting an audit of an organization’s data privacy practices can be imposing. In this program of particular interest to all in-house and corporate counsel, including those involved in technology, compliance and corporate governance laws, David Zetoony, the Chair of Bryan Cave LLP’s data privacy and security team, discusses various methods for auditing compliance with United States data privacy laws.

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Separating Fact from Fiction: Understanding, Providing for, and Mitigating the Actual Liabilities of a Cyber Attack

Program Number: 2718 Presenter: Tim Burke, MBA, David A. Zetoony, Esq.

There are numerous data privacy and security laws, and considerable disinformation concerning the legal liabilities associated with their non-compliance. One of the most poorly understood areas by attorneys involves the costs that a security/privacy event may have on their clients, or organizations, in terms of legal liabilities, first party expenditures and reputation. This program discusses how an attorney can help a client identify and quantify the various legal risks involved with privacy and data security, and how to take steps to mitigate and deal with those liabilities.

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Experts at Trial: Opportunities and Challenges

Program Number: 2714 Presenter: Michael H. Ginsberg, Esq., Thomas Jackson, Esq. Retired

Jury consultants tell us that jurors respond more favorably to teachers than lawyers. There is no better way to highlight your case themes than through the use of well-qualified and well-spoken experts. But there are challenges, as well. In this program, Tom Jackson and Mike Ginsberg discuss how to use experts to develop your case themes and establish the evidence you need to prevail. They also discuss the pitfalls and challenges of experts--primarily Rule 702 and Daubert requirements governing expert testimony.

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Supreme Court Review: IP Cases for the October 2016 through June 2017 Term

Program Number: 2712IP Presenter: Anthony F. Lo Cicero, Esq.

During the 2016-2017 term, the Supreme Court is expected to issue decisions in SCA Hygiene v. First Quality, dealing with laches in patent cases; Lexmark International v. Impression Products, dealing with patent exhaustion; TC Heartland v. Kraft Foods, on the all-important patent venue issue; and Lee v. Tam, considering the ban on registration of offensive trademarks. Join Anthony Lo Cicero of Amster, Rothstein & Ebenstein LLP for a discussion of these important cases and their likely ramifications.

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