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Programs in Technology Law

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On the Road to Reasonableness: Ethical Challenges for In-House Corporate Counsel and Outside Counsel When Issuing and Monitoring Litigation Holds

Program Number: 2255 Presenter: Mark DeMonte, Irene Savanis Fiorentinos, Esq.

Jones Day attorneys Irene Fiorentinos and Mark DeMonte discuss how recent cases such as Chin v. Port Authority and Apple v. Samsung fit into a rule of reasonable document preservation and address the ethical challenges that in-house corporate counsel and outside counsel face, consistent with such ABA Model Rules as Model Rule 1.1 (competence) and Model Rule 3.3 (duty to court), when issuing and monitoring litigation holds.

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ABA Recommendations on the Legal Ethics of Technology: The Latest Developments for Corporate and Outside Counsel

Program Number: 2254 Presenter: Steven C. Bennett, Esq., Jones Day

The ABA created its Ethics 20/20 Commission in 2009 to consider solutions to ethical challenges arising from 21st Century technological realities. Recently, the Commission released draft proposals for revision of the ABA Model Rules in several areas that may be affected by modern technology: confidentiality (including unauthorized disclosures and hacking); client development through electronic media; and outsourcing. Steve Bennett, a partner at Jones Day, examines the Commission's ethics proposals and suggests practical solutions to the issues raised by the ABA.

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Service Levels in Information Technology Agreements and State of Indiana v. IBM Corp.: Important Legal Developments for Corporate and Technology Counsel

Program Number: 2252 Presenter: Matthew A. Karlyn, Esq., Aaron Tantleff, Esq.

Service levels are a critically important aspect of information technology agreements. While drafting appropriate service levels can be a challenging task as vendors and customers frequently struggle to set service levels appropriately and determine balanced remedies for service level failure, crafting good service levels is not enough. The parties and their attorneys also must think about and plan for additions to and deletions of service levels, as well as modifications to service levels, and how the agreement accommodates such changes. Further, adjustments to the service levels may become necessary at a later time and the agreement should include an appropriate process for ensuring that the actual service level changes as the quality of the vendor's service improves. Join Matt Karlyn and Aaron Tantleff of Foley & Lardner LLP as they discuss the recent case of State of Indiana v. IBM, where an IT service provider won a breach of contract claim

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Cloud Computing in Healthcare: HIPAA and State Law Challenges: Important Considerations for Corporate, Healthcare and Technology Lawyers

Program Number: 2251 Presenter: M. Leeann Habte, Esq., Matthew A. Karlyn, Esq.

Health care organizations are rapidly moving their data and applications to the cloud. With the HITECH Act's incentives for electronic health records, hospitals, physician practices, and other providers are on the face track to implement new IT systems. Cloud computing offers the opportunity to achieve this objective quickly and with lower IT costs. However, transitioning to a cloud computing environment is not without significant risk. Hospitals, physician practices and other health care entities are subject to a myriad of privacy and security requirements under HIPAA and state laws, and these laws differ by jurisdiction. Counsel to hospitals and physicians must carefully negotiate business associate agreements with cloud computing vendors that include clear indemnity, security, and data use and data return provisions. Assuring the “cloud” is located in a U.S. jurisdiction and allocating responsibility for a data breach between the provider and cloud computing vendor are key issues in contracting

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Open Source Software in Cloud Computing-2012: What In-House and Corporate Counsel Need to Know

Program Number: 2246 Presenter: Jason D. Haislmaier, Esq.

The strength of cloud computing is undeniable, and nearly every company is now using or considering the use of some form of cloud computing services. With open source software having emerged as an essential building block in the foundation of almost all cloud computing platforms, the use of open source software in the cloud presents many new open source license interpretation and compliance issues for both customers and providers of cloud computing services. Jason Haislmaier, a partner at Bryan Cave LLP, answers the questions in-house and corporate counsel need to know about open source license compliance in cloud computing, including: • Where is open source used in the cloud (and where is it likely to appear)? • How are open source licenses applicable in the cloud and what license obligations apply in the cloud? • How does the cloud change the notion of software “distribution” (and what does this mean for open source

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Preparing for Changes in the Data Security and Privacy Landscape-2012: What In-House and Corporate Counsel Need to Know

Program Number: 2245 Presenter: Jason D. Haislmaier, Esq.

Data and the ability to access and use data have become crucial to the success of nearly all companies. At the same time, the legal and regulatory requirements governing data collection, analysis, storage, and sharing have continued to evolve at a rapid pace. Understanding and meeting these changing data security and privacy requirements are now of paramount concern for companies which can no longer take for granted their ability to access and use data without meeting these requirements. Join Jason Haislmaier, a partner at Bryan Cave LLP, for an overview of what in-house and corporate counsel need to know about data security and privacy, including: • The current legal and regulatory framework governing data collection, use, storage, and sharing; • Lessons learned from the growing list of FTC security and privacy enforcement actions against Facebook®, Twitter®, Google®, and others; • Developing best practices, policies, and procedures for data security and data privacy; and •

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Social Media and the National Labor Relations Board: What’s Legal & What’s Not for Employers and Employees?

Program Number: 2240 Presenter: Mark J. Neuberger, Esq.

Social media is exploding throughout the workplace, both by companies seeking to promote their businesses and by employees speaking about their jobs. The National Labor Relations Board (NLRB) has increased its scrutiny on what restrictions an employer may lawfully impose on an employee's use of social media. Mark J. Neuberger of Foley & Lardner LLP , discusses current developments in labor and employment law with regard to both employee and employer rights in the social media world.

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Bring Your Own Device (BYOD): Considerations and Best Practices for Policy Drafting for Lawyers

Program Number: 2224 Presenter: Jennifer L. Neumann, Esq., Aaron Tantleff, Esq.

In implementing a BYOD program, there are a number of legal, financial and corporate risks that an organization must first address. In his first program covering BYOD, Understanding the Legal Risks of Bring Your Own Devices (BYOD): Important Considerations for In-House Corporate, Employment and Technology Lawyers (2250), Aaron Tantleff of Foley & Lardner LLP discussed several of the legal risks. This time, he is joined by Jennifer Neumann of Foley & Lardner LLP and they take a closer look at some of these risks and review a number of issues counsel for organizations of all sizes and types should address when considering implementing a BYOD program or in their review of their existing programs. Our presenters also discuss how some recent cases may affect one's BYOD policy, examine provisions from existing BYOD policies, discuss potential concerns, and provide suggestions on better drafting.

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