AttorneysEd Center

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 •

In this session of our popular series of programs on key aspects of trial, trial preparation, and litigation skills, Jones Day partners Tom Jackson and Mike Ginsberg discuss preparing for and presenting motion arguments, ranging from preliminary motions, such as motions to dismiss and discovery motions, to motions for injunctive relief and for summary judgment. Our presenters, who have over 50 years of combined experience in litigation and have been teaching motions practice skills to Jones Day associates for more than 20 years, focus on presentation style, use of rhetorical devices, use of demonstrative materials, argument structure, and use of rebuttal time. View 2012-2013 programs from the Trial Skills series: 2243- Preparing for, Taking, and Defending Depositions 2302- Voir Dire 2303- Exhibits at Trial View

Our popular series of programs on key aspects of trial and trial preparation, presented by Jones Day partners Tom Jackson and Mike Ginsberg, expands to add critical litigation skills. In this session, Messrs. Jackson and Ginsberg, who have over 50 years of combined experience in litigation and have been teaching deposition skills to Jones Day associates for more than 20 years, discuss the ins and outs of deposition practice. Topics include: • the different types and purposes of depositions • effective questioning techniques • preparing the witness for the deposition • defending the deposition • use of the funnel technique for discovering information • exhausting topics of inquiry • techniques for testing theories and obtaining admissions • taking and defending depositions of expert witnesses View 2012-2013 programs from the Trial Skills series: 2244- Tips for Persuasive Motion Argument 2302- Voir Dire

The Supreme Court, the Federal Circuit and the Second Circuit over the past year have issued major decisions in the fields of induced infringement (Akamai-McKesson); the patentability of medical diagnostics (Mayo Collaborative Services) and isolated DNA (Myriad Genetics); and the ability to protect color in the fashion world (Louboutin). In this term, the Supreme Court may hear cases involving pay-for delay settlements in ANDA litigation (Merck K-Pur) and others. Anthony Lo Cicero of Amster, Rothstein & Ebenstein LLP discusses these cases and their potential implications, in this edition of the Celesq®-West LegalEdcenter IP Master Series.

The reinvigorated SEC Enforcement program is creating trends which should be carefully watched by corporate officials since they may enhance their liability. Combining aggressive enforcement and traditional fraud-based theories with others such as negligence-based fraud, control person liability and strict liability, the SEC is expanding its reach while easing its overall burden of proof in many instances. In recent cases it has brought actions against independent directors claiming they lack independence and were liable for fraud since they missed “red flags,” financial fraud claims grounded in negligence-based fraud, control person claims against officers stemming from underlying FCPA violations and strict liability clawback actions to recover incentive-based compensations while admitting that the officer had no involvement in the underlying wrongful conduct. These kinds of cases, coupled with aggressive interpretations which push the edges of the law, put directors, officers and corporate employees at risk. Join Tom Gorman of Dorsey & Whitney LLP

This term the Supreme Court and the Federal Circuit under its en banc authority have had before them cases involving fundamental issues in intellectual property law, including the patentability of diagnostic processes, the standard for proving inequitable conduct and the applicability of intervening rights to reexamination proceedings. Anthony Lo Cicero of Amster, Rothstein & Ebenstein LLP discusses the cases of Mayo Collaborative Services v. Prometheus Laboratories, Inc., Association for Molecular Pathology v. Myriad Genetics, et al., Therasence, Inc. v. Becton, Dickinson and Co., and Marine Polymer Technologies, Inc. v. Hemcon, Inc., and the likely impact of each on IP practitioners and companies. NOTE: This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.0 credit hours, of which 0 credit hours will apply to legal ethics/professional responsibility credit.

Especially with the increase in litigation involving computer implemented inventions, the issues of whether each infringing step or claim element must be performed by a single actor and who is responsible for “use” of an invention are becoming more relevant and important in patent infringement cases. The Federal Circuit’s en banc decision in the Akamai and McKesson cases should provide much needed guidance to intellectual property practitioners, companies and judges. Join Anthony F. Lo Cicero of Amster, Rothstein & Ebenstein LLP as he discusses the decision and its potential impact. NOTE: This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.0 credit hours, of which 0 credit hours will apply to legal ethics/professional responsibility credit.

Join Dan Foster and Leigh Martinson as they discuss the new Model E-Discovery Rules issued by the District Court in the Eastern District of Texas (formally known as [Model] Order Regarding E-Discovery in Patent Cases). Our presenters describe how the rules may affect litigation strategy from both an offensive and defensive perspective.

Steve Bennett, a partner at Jones Day, discusses the latest developments in e-discovery search techniques. Topics include: • Why is the e-discovery search so important? • Conventional search techniques (and their limits) • Developing new search techniques • Moore v. Publicis and its implications for e-discovery • Additional reading and resources.

Carmen McLean, a partner at Jones Day, and Tiffany Lipscomb-Jackson, a Jones Day associate, outline the relevant timeline and discuss best practices for conferences required by Federal Rule of Civil Procedure 26(f). Topics addressed are the responsibilities of the parties, various strategies parties may take, the discovery plan that must be submitted after the 26(f) conference, and the disclosures required by Rule 26(a)(1).