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Programs in Regulatory and Administrative Law



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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-A Presenter: Anthony F. Lo Cicero, Esq.

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. NOTE: This course has been approved

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Ban-the-Box and Other Pre-Employment Dilemmas: Finding Qualified Candidates without Finding Trouble

Program Number: 2507 Presenter: Natasha B. Dorsey, Esq., John L. Litchfield, Esq., Christopher G. Ward, Esq.

Finding qualified applicants for jobs is a constant challenge for employers for reasons going well past identifying individuals with the necessary skills, experience, training and education. Beyond finding strong candidates for particular positions, employers also have responsibilities to identify candidates who fit with a company’s culture, who will work well with others, and who will be trustworthy and help solve, rather than create, employment-related issues. As a result, many employers have adopted processes designed to identify latent issues with applicants, such as criminal history inquiries and background checks. While for many years employers took these steps with relatively limited legal restriction or government oversight, trends such as “ban-the box” are now sweeping across the country, and agencies like the Equal Employment Opportunity Commission are taking aggressive action to combat perceived areas for potential discrimination and unfairness in pre-employment inquiries. In this program of particular interest to in-house lawyers, Foley &

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Patent Law Decisions in 2014: The Year in Review, from the Celesq®-West LegalEdcenter IP Master Series

Program Number: 2506IP Presenter: Christopher D. Bright, Esq., Daniel R. Foster, Esq.

McDermott Will & Emery partners Dan Foster and Chris Bright discuss and analyze the major developments and changes in patent law during 2014 and the key cases to watch in 2015. The discussion covers: • The U.S. Supreme Court decisions in Limelight Networks v. Akami Technologies, Nautilus v. Biosig Instruments, Octane Fitness v. ICON Health & Fitness, and Alice Corp. v. CLS Bank • The U.S. Court of Appeals for the Federal Circuit’s decisions impacting damages calculations, preliminary injunctions, non-infringement, invalidity, claim construction, and much more • Important developments in the most active jurisdictions for patent litigation, including district courts and the International Trade Commission • Practical and case law implications of the continued implementation of the America Invents Act, including trends and statistics for inter partes review and post-grant review

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The Swinging Pendulum: How the Supreme Court and the AIA Have Made Patent Assertion More Difficult, from the Celesq®-West LegalEdcenter IP Master Series

Program Number: 2505IP Presenter: Anthony F. Lo Cicero, Esq.

Recent developments in the judicial and legislative branches may be said to have made it more difficult for nonpracticing entities, and other patent owners as well, to successfully assert their patents. The recent decisions by the U.S. Supreme Court in Himark v. Allcare, which gave district court judges more authority to grant attorney fees to a prevailing party in frivolous lawsuits, and in Alice v. CLS Bank, which addressed the issue of patent-eligible subject matter, are both deterring patent suits, as reflected in the recent statistic suggesting a 40% drop in patent lawsuit filings over the past 12 months. In addition, post grant proceedings at the PTO, which took effect under the America Invents Act, have resulted in the invalidation of hundreds of patent claims. Join Anthony F. LoCicero, of Amster Rothstein and Ebenstein as he discusses these important developments and their impact on the future of patent assertion.

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The New FERC and CFTC Market Manipulation Cases: Effective Compliance

Program Number: 2502 Presenter: Thomas O. Gorman, Esq., Joseph Hall, Esq.

FERC and the CFTC have taken very aggressive and sometimes conflicting positions in bringing market manipulation cases. Those cases present significant questions regarding the jurisdiction of each agency and what constitutes manipulation, making effective compliance difficult. Dorsey & Whitney partners Tom Gorman and Joe Hall analyze critical cases and initiatives by each agency and distill the critical points necessary to build effective compliance programs.

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The Changing Face of Privacy Law in the Internet of Things (IoT)

Program Number: 2452 Presenter: Jason D. Haislmaier, Esq.

The “Internet of Things” has brought countless interconnected devices and services into our daily lives and is also producing explosive changes in the way personal data is collected, shared, and used. These changes have created new challenges for businesses, whether they are involved in providing or using IoT technology. Join Jason Haislmaier for a discussion of these challenges and the established and emerging legal standards, regulatory requirements, and best practices for data privacy in the Internet of Things.

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