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Programs in Regulatory and Administrative Law



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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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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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Responding to an FTC Investigation into a Company's Data Privacy or Security Practices: What Counsel Should Know about the Investigation and How to Respond

Program Number: 2711 Presenter: Joshua A. James, Esq., David A. Zetoony, Esq.

The Federal Trade Commission (FTC), which is the primary federal regulator of most companies’ data privacy and security practices, has conducted more than 60 privacy and security-related enforcement actions in the last 15 years. David Zetoony and Josh James discuss what to expect and how to respond to a FTC investigation into a company's data privacy and data security practices.

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Trademarks and Their Protection

Program Number: 2708IP Presenter: Anthony F. Lo Cicero, Esq.

Trademarks are an increasingly important component of the value of an enterprise’s assets, and proper treatment of them is therefore crucially important to business success. Anthony Lo Cicero of Amster, Rothstein & Ebenstein LLP covers a wide range of topics on trademarks, including trademark ownership and licensing, obtaining trademark rights through registration and otherwise, transferring trademark rights, enforcing trademarks through litigation and USPTO proceedings, and understanding foreign trademark protection.

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Bitcoin and Blockchain Technology: Legal Issues and Emerging Trends

Program Number: 2707 Presenter: James A. Cox, Esq., Tyson M. Lies, Esq., Mark W. Rasmussen, Esq.

While many people have heard of Bitcoin and other digital currencies, few understand the technology that powers them—the digital ledger system called blockchain. And fewer still appreciate that Fortune 500 companies, governments, and start-ups alike are all racing to develop their own custom blockchain systems to use for their projects, such as capital raising, title tracking, document management, securities trading and settlement, or management of smart contracts, just to name a few. Join our presenters as they explain the fundamentals of blockchain technology and digital currencies, including key legal issues to keep your eye on and emerging trends that are on the horizon.

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Salman v. U.S.: The Supreme Court’s Impact on Insider Trading

Program Number: 2706 Presenter: Thomas O. Gorman, Esq.

In this program covering the impact of the Supreme Court’s decision in Salman v. U.S., the first insider trading case heard by the Court in years, Tom Gorman analyzes the various theories which led to the decision, the positions argued before the Court, and the reaction of the Justices, whose pointers reverberate through the Court’s ultimate opinion. The program also analyzes post–Salman decisions and projects the direction of insider trading enforcement.

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Internet of Things: Data Security and Data Privacy Where Everything is Connected

Program Number: 2705 Presenter: Jason D. Haislmaier, Esq.

The “Internet of Things” (IoT) is producing dramatic changes in the way personal data is collected, shared, and used over countless interconnected devices and services. These changes have created new data security and data privacy challenges for businesses and regulators alike. In this program for all attorneys, Jason Haislmaier discusses how to handle the data security and data privacy issues and the legal, regulatory, and policy risks posed by dealing with data in the IoT.

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Conducting a Data Security and Cybersecurity Audit of your Organization: What In-House Counsel Should Know

Program Number: 2704 Presenter: Art Ehuan, David A. Zetoony, Esq.

David Zetoony, Chair of Bryan Cave LLP’s data privacy and security team, and Art Ehuan, Managing Director of A&M’s Global Cyber Risk Services practice, discuss various methods for auditing an organization's compliance with the data security laws. Additionally, they discuss the use of the NIST CyberSecurity Framework (CSF) to define the cyber risk profile of a company and how to minimize the identified risk throughout the organization.

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The Telephone Consumer Protection Act: What Every Counsel Should Know to Avoid Surprise Liability

Program Number: 2703 Presenter: Joshua A. Mize, Esq, Daniel I. Prywes, Esq. - Morris, Manning & Martin

The federal Telephone Consumer Protection Act governs when and under what conditions a company or non-profit organization may call a person’s telephone number using an automated telephone dialing system or a prerecorded message. The damages for violation of the TCPA can be substantial, based on $500 per improper call on a strict liability basis. This program covers: (1) the requirements for obtaining consent to call a person using an automated dialing system or prerecorded message; (2) the most recent case law examining the types of equipment which qualify as an automated dialing system; (3) specific regulations under the TCPA pertaining to telemarketers; (4) industry-specific regulations and exemptions under the TCPA; and (5) common issues that arise in TCPA litigation and best practices to avoid litigation.

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New 2017 Major Changes to TTAB Practice: What Trademark Practitioners Need to Know Now

Program Number: 2658IP Presenter: Anthony F. Lo Cicero, Esq.

The Trademark Trial and Appeal Board (TTAB) has announced amendments to its rules of practice effective January 14, 2017. They will affect not only new proceedings but any proceeding pending on January 14, 2017. The amendments are intended to enhance efficiency and clarify processes, increase use of electronic filing, harmonize the rules with existing case law and federal rules and codify existing practice. Anthony Lo Cicero of Amster, Rothstein & Ebenstein LLP discusses these amendments and the significant impact they will have on trademark practice.

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