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Programs in Technology Law

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Cyber-Insurance: Should In-House Counsel Consider Data Breach Insurance Legally and Practically Necessary?

Program Number: 2436 Presenter: David A. Zetoony, Esq.

“Data breaches” have become daily events and are consistently ranked by general counsel and corporate boards as one of the top five concerns impacting the business. In order to deal with this rising risk, companies are increasingly considering “cyber-insurance” policies as a solution, and are asking in-house counsel to help evaluate the benefit of these policies for mitigating— or ameliorating—the legal risks. While a good cyber-insurance policy can help mitigate the cost of a data breach, looking at the coverage limit alone can be very misleading. Following a data breach companies often discover that the insurance that they purchased does not cover, or only partially covers, the potential costs and legal liabilities that come with data security breaches. Join Bryan Cave partner David Zetoony, who provides valuable guidance for in-house counsel to (1) understand the types of data breaches that impact companies, (2) estimate the legal and defense costs that may

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Cross Border E-Discovery

Program Number: 2435 Presenter: Jennifer C. Everett, Esq., Kristen A. Lejnieks, Esq., Carmen McLean, Esq.

Multinational companies are confronted with numerous legal issues when faced with document discovery in U.S. litigation. In this program, our presenters identify and discuss those issues, including many of the conflicting legal requirements related to e-discovery, both generally and specifically with respect to the impact on companies with a presence in Japan and/or China.

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Ethical Issues in Litigation Practice

Program Number: 2429 Presenter: Bruce R. Kelly, Esq.

Bruce Kelly, Arnold & Porter LLP litigation partner, covers issues that repeatedly arise in litigation practice, focusing on the relevant New York ethical rules and their counterpart rules in the ABA Model Code of Professional Responsibility. The topics and rules to be covered include: conflicts, waivers, and termination of the attorney-client relationship in the litigation setting (Rules 1.7, 1.9, and 1.16); dealing with employees when litigation counsel represents the employer (Rule 1.13); the duty of candor to a tribunal and the problem of falsely testifying witnesses and clients (Rule 3.3); trial publicity (Rule 3.6); the lawyer as witness (Rule 3.7); contact with unrepresented parties and the emerging problems arising from use of social media (Rule 4.3); special limitations on solicitation in personal injury cases (Rule 4.5); unauthorized practice of law in a multijurisdictional practice environment (Rule 5.5); problems that arise in the context of settlement (Rule 5.6); and reporting violations by others (Rule 8.3).

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A Targeted Discussion of Data Breaches: Responding to a Payment Card (PCI) Breach

Program Number: 2427 Presenter: David Chamberlin, Erin Nealy Cox, David A. Zetoony, Esq.

“Data security breach” has gone from being something discussed by legal-techies to a daily news items in mainstream media. As the public becomes more concerned about data breaches, specifically those involving their credit cards, companies and their counsel are also realizing that a payment card (“PCI”) data breach carries with it substantial legal risk. In this program, our presenters focus on what to do if you suspect a PCI data breach and specifically discuss the following topics: the unique contractual obligations that a company has to investigate PCI breaches, and to coordinate their investigation with their financial business partners; strategies for communicating information to the public so as to minimize the chances of litigation or investigations; and strategies for conducting a forensic investigation that is complete, accurate, and positions the company to defend itself in litigation if needed.

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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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Ethical and Practical Considerations of Using Technology-Assisted Review in Litigation

Program Number: 2359 Presenter: Irene Savanis Fiorentinos, Esq., David C. Kiernan, Esq.

Irene Fiorentinos and David Kiernan, members of Jones Day's E-Discovery Committee, discuss approaches for using technology-assisted review (TAR) to expedite electronic document review and production consistent with attorneys' ethical obligations, such as competence, confidentiality of client information and expediting of litigation embodied in Model Rules of Professional Conduct 1.1, 1.6 and 3.2, as well as judicial cooperation proclamations

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Mobile Applications: The Intellectual Property and Privacy Risks that all Lawyers Must Know to Protect their Clients from the Risks and Pitfalls in Developing and Managing Them

Program Number: 2352 Presenter: Aaron Tantleff, Esq.

In the second part of our series on Mobile Application development, Aaron Tantleff of Foley & Lardner LLP continues the discussion regarding the legal risks involved in developing, launching and managing mobile applications in 2013 and beyond, focusing on the privacy and intellectual property issues associated with the development, distribution and use of the mobile applications, including: • Real-life examples of privacy and intellectual property issues that put the mobile application at risk, and what can be done to prevent and mitigate the issues; • Privacy and review of data and information collected through mobile applications (e.g., personal data and geolocation) and how to think about the process; data-sharing agreements; data collection; and e-Discovery issues; • Enforcing trademark and copyright rights in secondary app stores and other enforcement strategies; • Understanding some of the hidden risks of mobile applications (including the App Stores themselves, use of Open Source, and third party services); and • Risks companies

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Technology Contracting-Strategies for Success: Tips Every Counsel Needs to Know (Part II)

Program Number: 2345 Presenter: Aaron Tantleff, Esq.

When drafting and negotiating technology-related contracts, the typical strategy is for vendors and suppliers to present standard pro-vendor form contracts, and for customers to rewrite them for pro-customer needs or to use pro-customer form contracts of their own. But these strategies are not always in the best interests of either party. In this two-part series especially for in-house and outside counsel involved in drafting and negotiating, on behalf of their companies and clients, technology-related contracts, Aaron Tantleff of Foley & Larder LLP provides explanations for typical provisions; strategies for negotiations; tips for avoiding common mistakes and road bumps in the negotiation process; and ways to best resolve some typical disputes. Part I (August 28, 2013 program date) covers: • Overview • Key Contract Provisions 1. Business Case 2. Parties 3. Vendor personnel 4. Project management 5. Specifications 6. License grant 7. License fees 8. Acceptance testing 9. Intellectual property 10. Warranties 11. Indemnities 12. Limitation of liability Part II (September 24, 2013 program date) covers: • Key Contract Provisions Continued 13.

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