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Responding to an FTC Investigation into a Company's Data Privacy or Security Practices: What Counsel Should Know about the Investigation and How to Respond

Program Number: 2711 Presenter: Joshua A. James, Esq., David A. Zetoony, Esq.

The Federal Trade Commission (FTC), which is the primary federal regulator of most companies’ data privacy and security practices, has conducted more than 60 privacy and security-related enforcement actions in the last 15 years. David Zetoony and Josh James discuss what to expect and how to respond to a FTC investigation into a company's data privacy and data security practices.

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Ethics Considerations for Lawyers regarding Technology and Trial

Program Number: 2710 Presenter: Steven C. Bennett, Esq., Park Jensen Bennett LLP

Steve Bennett covers the ethical issues that arise when attorneys use technology at trial. Topics include: privilege protection; e-discovery; contact with jurors; and comments on trial proceedings. ABA Model Rules covered include: Model Rule 1.1: competent representation; 5.1: Responsibilities of Supervisory Lawyer; 5.2: Responsibilities of Subordinate Lawyer; 5.3: Responsibilities of Non-Lawyer; and 1.6: Lawyer shall not reveal “information relating to the representation of a client,” without “informed consent” of client. Opinions covered include: ABCNY Committee On Professional Ethics, Formal Op. 2012—2, Jury research.

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Ethics in Arbitration: How Lawyers Can Avoid Legal Risks when Representing their Clients

Program Number: 2709 Presenter: Steven C. Bennett, Esq., Park Jensen Bennett LLP

This program addresses some of the unique ethical questions that can arise in the course of an arbitration proceeding, and suggests practical solutions to such questions. Such questions include: Can an attorney be held responsible for ethical violations in arbitration (or is the consequence only to the client)? Can an attorney appear in an arbitration proceeding in a state (or country) where he or she is not licensed to practice? What are the ethical obligations of counsel to maintain the confidentiality of the arbitration proceeding? ABA Model Rules covered include: Rule 1.6 (confidentiality); Rule 3.3 (candor toward tribunal); Rule 5.5 (unauthorized practice of law). Opinions covered include: Birbrower, Montalbano, Condon & Frank, P.C., v. Superior Court , 17 Cal. 4th 119 (1998); New York State Bar Association Committee on Professional Ethics, Opinion 837 (3/16/10).

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Trademarks and Their Protection

Program Number: 2708IP Presenter: Anthony F. Lo Cicero, Esq.

Trademarks are an increasingly important component of the value of an enterprise’s assets, and proper treatment of them is therefore crucially important to business success. Anthony Lo Cicero of Amster, Rothstein & Ebenstein LLP covers a wide range of topics on trademarks, including trademark ownership and licensing, obtaining trademark rights through registration and otherwise, transferring trademark rights, enforcing trademarks through litigation and USPTO proceedings, and understanding foreign trademark protection.

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Bitcoin and Blockchain Technology: Legal Issues and Emerging Trends

Program Number: 2707 Presenter: James A. Cox, Esq., Tyson M. Lies, Esq., Mark W. Rasmussen, Esq.

While many people have heard of Bitcoin and other digital currencies, few understand the technology that powers them—the digital ledger system called blockchain. And fewer still appreciate that Fortune 500 companies, governments, and start-ups alike are all racing to develop their own custom blockchain systems to use for their projects, such as capital raising, title tracking, document management, securities trading and settlement, or management of smart contracts, just to name a few. Join our presenters as they explain the fundamentals of blockchain technology and digital currencies, including key legal issues to keep your eye on and emerging trends that are on the horizon.

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Salman v. U.S.: The Supreme Court’s Impact on Insider Trading

Program Number: 2706 Presenter: Thomas O. Gorman, Esq.

In this program covering the impact of the Supreme Court’s decision in Salman v. U.S., the first insider trading case heard by the Court in years, Tom Gorman analyzes the various theories which led to the decision, the positions argued before the Court, and the reaction of the Justices, whose pointers reverberate through the Court’s ultimate opinion. The program also analyzes post–Salman decisions and projects the direction of insider trading enforcement.

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Internet of Things: Data Security and Data Privacy Where Everything is Connected

Program Number: 2705 Presenter: Jason D. Haislmaier, Esq.

The “Internet of Things” (IoT) is producing dramatic changes in the way personal data is collected, shared, and used over countless interconnected devices and services. These changes have created new data security and data privacy challenges for businesses and regulators alike. In this program for all attorneys, Jason Haislmaier discusses how to handle the data security and data privacy issues and the legal, regulatory, and policy risks posed by dealing with data in the IoT.

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Conducting a Data Security and Cybersecurity Audit of your Organization: What In-House Counsel Should Know

Program Number: 2704 Presenter: Art Ehuan, David A. Zetoony, Esq.

David Zetoony, Chair of Bryan Cave LLP’s data privacy and security team, and Art Ehuan, Managing Director of A&M’s Global Cyber Risk Services practice, discuss various methods for auditing an organization's compliance with the data security laws. Additionally, they discuss the use of the NIST CyberSecurity Framework (CSF) to define the cyber risk profile of a company and how to minimize the identified risk throughout the organization.

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The Telephone Consumer Protection Act: What Every Counsel Should Know to Avoid Surprise Liability

Program Number: 2703 Presenter: Joshua A. Mize, Esq, Daniel I. Prywes, Esq. - Morris, Manning & Martin

The federal Telephone Consumer Protection Act governs when and under what conditions a company or non-profit organization may call a person’s telephone number using an automated telephone dialing system or a prerecorded message. The damages for violation of the TCPA can be substantial, based on $500 per improper call on a strict liability basis. This program covers: (1) the requirements for obtaining consent to call a person using an automated dialing system or prerecorded message; (2) the most recent case law examining the types of equipment which qualify as an automated dialing system; (3) specific regulations under the TCPA pertaining to telemarketers; (4) industry-specific regulations and exemptions under the TCPA; and (5) common issues that arise in TCPA litigation and best practices to avoid litigation.

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Federal Court Practice: Responding to Complaints

Program Number: 2702 Presenter: Laura Jane Durfee, Esq., Mark W. Rasmussen, Esq.

Being sued in federal court is an unenviable experience that can distress even the most prepared defendant. Understanding the fundamentals of responding to a lawsuit can alleviate some of that stress and can also help you select the right path forward to have the best chance of successfully defending the case. Join our presenters as they discuss the nuts and bolts of responding to complaints in federal court. What are the deadlines for responding? Is it better to file a motion or answer the complaint? And what should you consider as you decide whether to counter sue? These questions and more are addressed in this informative program that is geared toward in-house lawyers who want a better understanding of the litigation process and young law firm practitioners seeking an advantage in their next case.

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