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Programs in Regulatory and Administrative Law

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Disclosure to the Government: Navigating the Complex World of Privilege Waiver and Cooperation Credit

Program Number: 2604 Presenter: Matthew D. Orwig, Esq., Mark W. Rasmussen, Esq., Evan P. Singer, Esq.

Matt Orwig, Evan Singer, and Mark Rasmussen of Jones Day cover issues and possible consequences that corporate, securities and white collar attorneys should consider when advising their corporate clients as to whether to disclose privileged information developed during internal investigations to the government. The presenters address current and historical government policies regarding cooperation credit and the waiver of privilege over investigative materials as stated in, among other things, the DOJ's Filip Memorandum and the SEC's Enforcement Guidelines. Also discussed: Federal Rule of Evidence 502 and relevant case law on waiver, including decisions on the selective waiver doctrine, the scope of a privilege waiver, and the significance of confidentiality agreements with the government. Included among the cases that will be examined are Diversified Industries, Inc. v. Meredith (8th Cir.), In re Pacific Pictures Corp. (9th Cir.), Gruss v. Zwirn (SDNY), Freedman v. Weatherford Int'l Ltd. (SDNY), and SEC v. Schroeder (N.D.

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Autonomous Vehicles: Privacy and Cybersecurity Issues

Program Number: 2603 Presenter: Christopher M. Achatz, Esq., David A. Zetoony, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** With even GM investing in a driverless future, autonomous vehicles, or self-driving cars, may be the greatest disruptive innovation to travel that we have experienced in decades. A fully-automated, self-driving car is able to perceive its environment, determine the optimal route, and drive unaided by human intervention for the entire journey. Self-driving cars have the potential to drastically reduce accidents, travel time, and the environmental impact of road travel. However, obstacles remain for the full implementation of this autonomous technology. Of particular concern with regard to autonomous vehicles are data privacy and security risks that attorneys need to know. David Zetoony and Chris Achatz, Bryan Cave LLP, discuss the evolution of the technology, provide an overview of current legal and regulatory data privacy and security issues that are

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Monitoring Employee Use of Computers, Phones, Social Media and More: Latest Developments for In-House Corporate and Employment Lawyers

Program Number: 2602 Presenter: Joshua A. James, Esq., Daniel I. Prywes, Esq.

Employers have a variety of technological means to monitor employees’ communications and activities, and new technologies provide additional means. Yet employees still have legally protected privacy rights that must be respected. Join Dan Prywes and Josh James as they discuss: • basic principles respecting different monitoring tools and areas of legal uncertainty, • the development of employer policies and employee-consent forms to best advance employers’ legitimate goals, and • variations among state laws, union bargaining over monitoring, and emerging issues.

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Willful Patent Infringement: A Changing Landscape, from the Celesq®-West LegalEdcenter IP Master Series

Program Number: 2570IP Presenter: Brett E. Bachtell, Esq., Shaun B. Hawkinson, Esq., Amol Parikh, Esq.

The law of willful infringement in patent cases has undergone significant change over the last several decades, with order being restored in 2007 when the Federal Circuit issued the Seagate decision. However, two recent Supreme Court cases – Highmark and Octane Fitness – have muddled the waters by relaxing the standard for finding exceptional cases in the attorneys’ fees context, which some argue is analogous to the willfulness test. The Supreme Court is once again poised to change the landscape of willful infringement, having recently granted review of cases involving Halo Electronics Inc. and Stryker Corp. in order to review the Federal Circuit’s willfulness standard. Amol Parikh, Brett Bachtell and Shaun Hawkinson, McDermott Will & Emery, discuss the current state of affairs for willful infringement, the Octane Fitness and Highmark cases and their impact on the willfulness standard, the Halo and Stryker cases that the Supreme Court will review, and practical implications these

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Prepare for Takeoff! What In-House and Corporate Lawyers Should Know to Mitigate the Risks and Capture the Benefits of Commercial Drone Use

Program Number: 2567 Presenter: Jason D. Haislmaier, Esq., Thomas C. Helm, Shalem A. Massey, Esq.

Called the "most dynamic growth sector within the aviation industry," the commercial use of unmanned aircraft systems ("UAS") more commonly known as “drones” is experiencing exponential growth. This growth presents a tremendous opportunity for companies across many diverse industries. However, this opportunity is not without legal risk and potential liability. In this important program on how to prepare for commercial drone use, our presenters discuss the current regulatory landscape, risks and liabilities posed by commercial drone use, and available risk mitigation tools and strategies.

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Attorney-Client Privilege and Work Product Doctrine in Internal Investigations: Latest Developments for Corporate, Securities and White Collar Attorneys

Program Number: 2564 Presenter: Mark W. Rasmussen, Esq., Evan P. Singer, Esq.

Evan Singer and Mark Rasmussen, Jones Day, cover the latest developments involving the attorney-client privilege and work product protection in the context of government investigations as well as other whistleblower and white collar cases. Cases to be discussed include the D.C. District Court's recent mandamus rulings in the KBR litigation, Hays v. Page Perry, LLC (N.D. Ga. 2015), In re GM LLC Ignition Switch Litigation (S.D.N.Y. 2015); and Wultz v. Bank of China (S.D.N.Y 2015). Ethics authorities covered also include ABA Model Rules 1.6 and 1.13, as well as the implications of Federal Rule of Civil Procedure 26(b) and Federal Rule of Evidence 502, among others.

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Transformative Works as Fair Use: Latest Developments in Copyright Law, from the Celesq®-West LegalEdcenter IP Master Series

Program Number: 2563IP Presenter: Anthony F. Lo Cicero, Esq.

The Second Circuit's controversial decision in Cariou v. Prince did not settle the seminal issue of when a copyrighted work is so transformed that the new work is subject to fair use protection. Anthony LoCicero of Amster Rothstein Ebenstein discusses cases both before and after Cariou and attempts to synthesize their use guidelines for future transformations.

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Illegal Tipping and Insider Trading after Newman: The Latest Developments for Corporate, Securities and White Collar Attorneys

Program Number: 2562 Presenter: Thomas O. Gorman, Esq.

The Second Circuit's decision in U. S. v. Newman is, according to many, a dramatic change in the law of insider trading and illegal tipping. Under the decision, the government must plead not just that the tippee knew the information was being passed in violation of a duty, but also that there was a personal benefit in the nature of a quid pro quo. Others claim the decision is nothing more than the restoration of the Supreme Court's holding in Dirks. Nevertheless, the DOJ and the SEC have decried this standard as undermining effective insider trading enforcement. One district court decision in Manhattan in an SEC enforcement action appears to undercut the spirit if not the letter of the law, and a recent decision by the Ninth Circuit also seems to push back on Newman—all as the Manhattan U.S. Attorney and the Solicitor General consider a Supreme Court

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When State and Federal Health Care Laws Collide: Application of the Stark Law to Medicaid Claims and Advice on Protecting a State Law-based Peer Review Privilege During a Federal Health Care Fraud Investigation

Program Number: 2561 Presenter: Meridyth M. Andresen, Esq., Raymond Joseph Burby IV, Esq., Laura S. Perlov, Esq.

While many scholars are focused on recent trends into Medicare fraud schemes, this program discusses the recent trend of government investigations into Medicaid healthcare fraud and recent studies/investigations into Medicaid fraud across the country. Also discussed: • the application of federal Stark Laws to Medicaid programs, recent cases in this area, and how the state Medicaid programs and Federal Stark Laws intersect • advice on how Medicaid Plans and Providers servicing Medicaid beneficiaries can protect themselves from liability under Stark • state peer review privileges, including the scope and breadth of such privileges, and the way in which federal government agencies have been successful in piercing those privileges during their healthcare fraud investigations • advice on how Health Plans and Providers can protect their state-based peer review privilege in advance of such investigations.

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A Review of EEOC's Fiscal Year ending September 2015 and a Look at What to Expect Next Year

Program Number: 2558 Presenter: Eric S. Dreiband, Esq.

Former U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Eric Dreiband, currently a partner at Jones Day, reviews the EEOC's fiscal year ending September 30, 2015, including significant regulatory and policy documents issued by EEOC; its significant wins and losses in the courts, and Supreme Court decisions that considered its position; Congressional oversight of the EEOC; and other significant developments. Mr. Dreiband also discusses: • EEOC’s potential actions, plans and strategies for the coming year. • EEOC's lawsuit that alleges that a hair policy amounted to race discrimination. • The Supreme Court's rejection of EEOC's guidance about pregnancy and sex discrimination. • The Supreme Court's rejection of EEOC's argument that courts cannot review its pre-suit conduct. • The Supreme Court's upcoming term. • Significant pending cases • The status of EEOC's enforcement efforts concerning the use by employers of criminal and credit history of applicants and employees.

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