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Programs in Technology Law



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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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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 Karlyn, Esq. - Foley & Lardner, 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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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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