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Successful Negotiations: Key Techniques and Strategies for all Lawyers

Program Number: 2650 Presenter: Michael H. Ginsberg, Esq., Thomas Jackson, Esq. - Of Counsel, Jones Day

In this program, of value to novice and experienced negotiators as well as those in between, Tom Jackson and Mike Ginsberg cover styles of negotiation, how to recognize and respond to those styles, common negotiation techniques and tactics, keys to successful negotiation, and negotiating for mutual success. The techniques and skills discussed are applicable to both deal/transactional lawyers and litigators working on settling cases, and may just be of use next time you purchase a car!

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Lawyer Use of Social Media: Latest Developments in Ethics Guidelines and Practical Advice

Program Number: 2649 Presenter: Steven C. Bennett, Esq., Park Jensen Bennett LLP

Steve Bennett, Park Jensen Bennett LLP, covers the latest ethical issues and authorities in a lawyer’s use of social media, including: advertising/endorsements; unauthorized practice of law; client/witness contacts via social media; and discovery of social media. Ethics authorities covered include ABA Model Rules 1.1 (competence); 1.8 (conflicts); 5.5 (jurisdiction limits); 7.3 (solicitation); and 7.4 (specialization), as well as Social Media Guidelines of NYSBA Commercial and Federal Litigation Section (2015).

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Retainer Agreements: Ethics and Practical Advice

Program Number: 2648 Presenter: Steven C. Bennett, Esq., Park Jensen Bennett LLP

The retainer (engagement) agreement is one of the most important documents used in a lawyer’s practice. The concept of a retainer agreement is simple, but the form and content of a well-constructed retainer agreement can mean the difference between a satisfied client and disciplinary committee referrals, and even claims of malpractice. This program addresses critical “do’s and don’ts” of retainer agreements, referencing Model Rules and other ethics guidelines, and suggesting practical solutions to common problems. Issues addressed include: • Who is the client? • What is the scope of representation? • What is the fee arrangement? • What about conflicts of interest? • What are “risky” provisions to include in an agreement? Model Rules covered include: Rule 1.1 (competence); 1.2 (scope of representation); 1.5 (fees); 1.8 (conflicts of interest). Other authorities include: ABA Ethics Opinion 93- 379 (billing); In Re Addams, 579 A.2d 190 (DC 1990) (misappropriation).

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Overcoming and Eliminating Age Bias against both Younger and Older Lawyers, with a Discussion of ABA Model Rule 8.4(g)

Program Number: 2647 Presenter: Alton (Al) B. Harris, Esq., Andrea S. Kramer, Esq.

Join Andrea S. Kramer, partner in McDermott Will & Emery LLP, and Alton B. Harris, partner in Nixon Peabody LLP, for this important program about age bias in the legal profession. When lawyers understand the stereotypes surrounding younger lawyers (Millennial generation) and older lawyers (particularly women over 45), and the biases that result from these stereotypes, they are in a position to effectively combat age discrimination in their own legal organizations and improve generational harmony in the legal profession generally. In this program, our presenters address the new ABA Model Rule 8.4(g) expanded definition of “professional misconduct.” They provide lawyers with advice and techniques they can use to avoid or overcome the bias they may face as they enter the profession and as they grow older. Attendees will also get information and insights they can use to recognize the often subtle and unconscious biases that exist in the profession against both younger

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Defend Trade Secrets Act: New Role for the Federal Courts in Trade Secret Enforcement

Program Number: 2646IP Presenter: Anthony F. Lo Cicero, Esq.

The Defend Trade Secrets Act has been described as the most significant expansion of federal intellectual property jurisdiction since passage of the Lanham Act in 1946. Anthony LoCicero of Amster, Rothstein and Ebenstein discusses this new legislation, its likely impact on employer/employee and other relationships, its seizure provisions and how companies should modify their practices in light of it.

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Effective Evaluation and Mediation of Discrimination and Retaliation Cases

Program Number: 2645 Presenter: Ann Kotlarski, Esq.

Litigating employment claims can be risky, time consuming and expensive for the parties. An increasing trend in employment cases involving claims for discrimination, retaliation and harassment is to resolve those matters well before trial—often before any dispositive motions are filed or significant discovery is conducted. However, important questions arise, such as: When is the most effective time to mediate such claims? Can the plaintiff’s and defense counsel effectively evaluate a case in the early stages in order to make early resolution meaningful? What does it take to evaluate these types of cases in terms of liability, damages and settlement value? What role do non-monetary factors play in evaluation and resolution? What factors should the parties consider in selecting a mediator? What is the best way to prepare for mediation? How do you avoid the common mistakes that a mediator may make? What strategies can be used to move

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The Federal Rules of Civil Procedure a Year Later: The Latest Decisions and Other Developments

Program Number: 2644 Presenter: Ashley Heintz, Carmen G. McLean, Esq.

Join Carmen McLean and Ashley Heintz of Jones Day as they discuss the impacts of the Federal Rules of Civil Procedure that took effect on December 1, 2015 on discovery strategies and synthesize the courts’ applications and interpretations of the new rules over the course of the year. Topics include: • what you need to consider in requesting or opposing discovery in light of Rule 26(b)’s new proportionality factors; • whether you are being specific enough in your objections and responses to requests for production under new Rule 34(b); and • what you need to know, and what courts are focusing on, in addressing spoliation under new Rule 37(e).

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Politics in the Private-Sector Workplace: Coexistence or Collision?

Program Number: 2643 Presenter: Joshua A. James, Esq., Daniel I. Prywes, Esq., Bryan Cave

As the election season approaches its climax in the coming months, private-sector employers and employees need to know what employers can and cannot lawfully do to restrict employees’ political activities in the workplace and while off duty. In this program of particular interest to in-house corporate and employment lawyers, Dan Prywes and Josh James address these issues, burst some myths, and describe the array of federal and state laws that bear on these issues. The laws to be addressed include federal and state voting-rights laws, the First Amendment and the Supreme Court’s Citizens United case, federal election laws, the National Labor Relations Act, state laws on employees’ political activities, and more.

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Tips for Protecting Confidential Information and Trade Secrets for In-House Counsel

Program Number: 2642 Presenter: Megan Lopp Mathias, Esq.

Megan Mathias discusses important legal issues and insights for in-house counsel regarding a business’ confidential information and trade secrets. Topics include: • definition of confidential information and trade secrets • identification of your competitive edge leading to identification of your confidential information • treatment of information as confidential so a court will treat it as confidential • documents in place add to the case for protection of information • security protocols to limit possible exposure of information • limits on access to certain employees • enforcement issues in litigation • laws protecting trade secrets across the country • restrictive covenants, how to use them and when they are enforceable

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Ethics of Witness Preparation: Best Practices for All Attorneys

Program Number: 2641 Presenter: Steven C. Bennett, Esq., Park Jensen Bennett LLP

In this important discussion for all attorneys who may be involved in witness preparation, Steve Bennett, Park Jensen Bennett LLP, discusses the ethical issues to consider, including: • Protection of privilege • Coaching versus preparation • Correction of testimony • Payment for testimony • Corporate witnesses Ethics authorities covered include ABA Model Rule 1.1 (competence); Model Rule 1.2(d) (counseling clients not to commit crime or fraud): Model Rule 3.3 (offering evidence known to be false); Model Rule 8.4 (conduct involving dishonesty); and Fed. R. Civ. P. 30(b)(6) (deposition of corporation by representative).

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