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Programs in Regulatory and Administrative Law

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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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Workplace Privacy Considerations for In-House Counsel: What Can Be Seen and Heard behind Company Walls

Program Number: 2413 Presenter: Aaron Tantleff, Esq., Christopher G. Ward, Esq.

As companies digitize an ever-increasing amount of communications and seek to leverage information and technology sharing to enhance productivity, they unknowingly create a host of “new world” privacy and employment issues that require constant vigilance in a rapidly changing world of tweets, texts, talks and touch screens. Join Foley & Lardner LLP partners Aaron Tantleff and Christopher Ward as they discuss the legal risks and strategies from both an information technology and an employment and personnel management approach, and how to manage and mitigate those risks that the ever-changing world of technology and information sharing creates.

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Identifying, Managing and Prioritizing Data Privacy Risks: What In-House Counsel Need to Know

Program Number: 2405 Presenter: Jason D. Haislmaier, Esq., David A. Zetoony, Esq.

The ability to collect, use, and share data is crucial to the success of nearly all companies. At the same time, the risks relating to the collection, use, and sharing of data are constantly changing and have continued to grow ever more complex. In this program geared especially for in-house counsel, Jason Haislmaier and David Zetoony focus on strategies for both identifying the data-related issues and prioritizing those issues that raise the greatest legal risks to your company and clients.

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Mobile Apps and the New FDA Guidance for Mobile Medical App Developers: What In-House Counsel Should Know

Program Number: 2404 Presenter: Jason D. Haislmaier, Esq.

The FDA recently issued final guidance for developers on the regulation of mobile medical software applications (“apps”). The final guidance ends a more than 2-year process intended to clarify the FDA’s regulation of mobile medical apps and pave the way for even greater adoption of mobile medical technology. In this program geared especially for in-house counsel, Jason Haislmaier reviews and deciphers what the final guidance means for mobile medical app developers, addressing what questions have been answered by the final guidance; what issues remain unresolved; and what new questions have emerged.

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Clearing the Haze of Medical Marijuana in the Workplace: What In-House Employment Lawyers Should Know

Program Number: 2403 Presenter: Michael W. Groebe, Esq., Jennifer L. Neumann, Esq.

Many employers are confused and concerned regarding how to handle employees and their use of medical marijuana. This program, geared to in-house employment lawyers, addresses various state medical marijuana laws and interpretive case law, drug testing and implications of positive tests for marijuana, the duty to accommodate under the ADA, disciplining employees for medical marijuana use, and safety concerns related to medical marijuana.

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Who Qualifies as a Whistleblower under Sarbanes-Oxley?

Program Number: 2402 Presenter: Roger A. Lane, Esq., Michael Thompson, Esq., Courtney Worcester, Esq.

This November the United States Supreme Court will hear argument in Lawson v. FMR, LLC, which tackles the issue of whether whistleblowers employed by a privately held contractor or subcontractor of a publicly traded company are protected from retaliation under SOX. In the lower court’s opinion in Lawson, the First Circuit answered the question in the negative. Soon after, the Administrative Review Board reached the opposite conclusion and specifically declined to follow Lawson. Join Roger Lane, Courtney Worcester and Michael Thompson as they review the split of authority on this issue, analyze the arguments presented by the parties to the Supreme Court, and provide their assessment of which way the Supreme Court may rule.

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Deal Developments for In-House Counsel

Program Number: 2357 Presenter: Roger A. Lane, Esq., Michael Thompson, Esq., Courtney Worcester, Esq.

The market for corporate deals, whether M&A or going private transactions, remains relatively robust (at least compared to what it was a few years ago). Such transactions trigger fiduciary obligations of directors, officers, and at times, stockholders, and are often magnets for lawsuits. Join Roger Lane, Courtney Worcester and Michael Thompson as they provide an update on the courts' current views of various deal terms, thoughts on the recent use of intervening event clauses (aka, a buyer’s MAC), the implications for boards in deals with such clauses, as well as a discussion of the unique challenges faced by boards contemplating transactions with their major stockholders.

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Early Case Assessment Considerations for In-House Counsel Confronted with Corporate Governance and Whistleblower Litigation under the Dodd-Frank Act

Program Number: 2356 Presenter: Roger A. Lane, Esq., Courtney Worcester, Esq.

The Dodd-Frank Wall Street Reform and Consumer Protection Act has generated significant litigation in the past couple of years. As litigation involving the Act is only expected to increase, it is time to assess what we have learned thus far to assist in-house counsel faced with this new litigation landscape. Join Roger Lane and Courtney Worcester for a discussion of how Dodd-Frank changed the landscape of corporate governance and whistleblower cases and what procedural issues will need to be tackled by both litigants and courts in the early stages of such cases.

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