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Programs in Technology Law

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With Big Data Comes Big Questions and Big Problems: What Every Counsel Needs to Know

Program Number: 2334 Presenter: Aaron Tantleff, Esq.

By now, we've all heard of “Big Data,” but many in-house and outside attorneys still do not understand what Big Data is and how it affects their companies and clients and their respective customers. Big Data has the ability to analyze information and predict outcomes that were not possible before, but with this access to Big Data comes big responsibilities. Join Aaron Tantleff of Foley & Lardner LLP as he discusses and shares the legal and ethical risks involved in the collecting, storing, using and sharing of Big Data and the outcomes of its analysis. Topics include a look at Big Data; questions of whether it is legal and if so, is it ethical or acceptable; and exploration of the conflict between traditional privacy laws and Big Data.

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Mobile Applications: What All Lawyers Must Know to Protect their Clients from the Legal Risks and Pitfalls in Developing and Managing Them

Program Number: 2332 Presenter: Aaron Tantleff, Esq.

With the explosive growth of mobile applications, companies and their counsel are scrambling to keep pace with the myriad compatibility, privacy, licensing, and implementation issues that come with these types of applications. Join Aaron Tantleff of Foley & Lardner LLP as he discusses and shares the legal risks involved in developing, launching and managing mobile applications in 2013 and beyond, including: • Real-life examples of a mobile application program that spun out of control and what can be done to prevent and mitigate the issues; • Issues regarding data collected through applications (i.e., personal data and geolocation), and data-sharing agreements, data collection, and e-discovery issues; • Application store trademarks and copyrights; • Risks companies face regarding ownership, license agreements, developer agreements, transaction processing agreements, and bundling arrangements with carriers and device distributors; • Top factors delaying application launches; • The uncertainties that arise when creating a mobile application and the implications for other departments of a company;

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Demystifying Cloud Computing Contracts for Information Technology, Corporate and In-House Lawyers: Clear Skies Ahead

Program Number: 2331 Presenter: Matthew Karlyn, Esq. - Foley & Lardner, Aaron Tantleff, Esq.

Even as the understanding and prevalence of the Cloud continues to escalate and as companies continue to migrate data and services to the Cloud, counsel for many companies are still attempting to review contacts for cloud services as if they were software contracts or fail to understand and appreciate issues regarding security, performance, availability, disaster recovery and business continuity. In addition, many fail to properly appreciate the implementation process or the effort involved to move to another vendor and thus, fail to consider the costs of signing on and how it may lock the company in with the vendor as switching vendors may be cost prohibitive. Join Matt Karlyn and Aaron Tantleff of Foley & Lardner LLP as they discuss some of the more significant issues that arise during negotiations with cloud providers and how to effectively negotiate terms and mitigate risks.

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IP Due Diligence in M&A Transactions for IP and Transactional Counsel

Program Number: 2330 Presenter: Steven R. Cade, Esq., Christopher J. Rasmussen, Esq., Aaron Tantleff, Esq.

In M&A transactions, the results of a legal due diligence investigation can significantly impact the terms of the transaction and in some cases, whether the deal even moves forward. Proper intellectual property due diligence investigation may lead to the restructuring of a deal, change in the purchase price, reaching out to third parties or walking away from the deal. However, in many deals, the intellectual property assets are the only material assets or represent the key assets driving the deal, and unfortunately, all too often the documentation supporting a target's intellectual property assets (or lack thereof) are overlooked or not reviewed, because of the erroneous assumption that a target company outright owns all key intellectual property, and that such intellectual property will transfer automatically upon the close of the deal, or that any defects that may exist with respect to the intellectual property can be cured with standard representations,

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Litigation Holds and the Duty to Preserve-2013: Important Updates for Corporate Counsel and Litigators

Program Number: 2311 Presenter: Jeffrey Fowler, Esq.

Jeffrey Fowler, a partner at O’Melveny & Myers LLP and one of the country’s few full-time e-discovery litigators, covers recent developments in the legal duty to preserve evidence, including proposed new amendments to the Federal Rules and recent sanctions cases. He also provides practical tips for how to plan, execute and defend an effective preservation strategy.

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EEOC Cracks Down on Systemic Discrimination: What In-House and Employment Lawyers Need to Know to Minimize Risks in Hiring Practices

Program Number: 2307 Presenter: Jonathan T. Hyman, Esq.

While employers want to be able to hire the best and most qualified to staff every position, the myriad equal employment opportunity laws often intervene to roadblock these efforts. The enforcement priorities of the Equal Employment Opportunity Commission (EEOC) are making these hiring decisions increasingly difficult for employers. For example, the EEOC recently issued new guidance for conducting criminal background checks during the hiring process that severely limit how and when employers can rely on criminal arrest and conviction records in making hiring and other employment decision. Other neutral criteria garnering a hard look by the EEOC include credit histories and employment status. In this program, especially for in-house and employment lawyers, Jon Hyman provides valuable insights to help identify and avoid the various risks that come with one of the EEOC’s highest enforcement priorities—systemic discrimination.

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