AttorneysEd Center

The 1987 Bruntland Commission, the 2009 Copenhagen Climate Council and the 2011 UN meeting on carbon emissions have shown the pathway that intergovernmental efforts have led along the way to a greener future for commercial real estate. The UK government has introduced legislation for new buildings to be nearly zero energy by 2020 and as near to zero as possible by 2050. The UK Energy Act came into force in 2011 and the recent Energy Performance of Buildings Directive will be transposed into EU member state legislation by July 2012. The Investment Property Databank has produced the IPD Sustainable Property Index Monitor which aims to establish and measure the link between sustainability credentials of a property and its value. Environmental tools exist such as the IPD Eco-Ledger, BREEAM and Energy Performance Certificates. In this program of particular interest to in-house counsel, attorneys and experts in the areas of banking and sustainability explore the regulatory background of the

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

Jeffrey Edelstein, a partner at Manatt, Phelps & Phillips, LLP, provides an overview of privacy, recent developments, and enforcement activity, including most notably the FTC’s final report on privacy, areas of potential privacy enforcement, and practical pointers for companies trying to apply the FTC’s privacy framework. Topics include: • Privacy Overview • Recent Developments and Enforcement Activity • White House Proposal / Consumer Privacy Bill of Rights • Proposed Legislation • Do Not Track (existing mechanisms) • Enforcement Actions: Google and Facebook • The FTC’s Report: Protecting Consumer Privacy in an Era of Rapid Change (March 2012) • FTC’s Privacy Framework and Guidelines • Scope • Privacy by Design • Simplified Consumer Choice • When should companies require consumer choice (opt-ins) • Transparency • Areas Ripe for Enforcement • Mobile (e.g., appropriate disclosures; safeguarding data against cell phone theft) • Large Platform Providers • Practical Pointers for Applying the FTC’s Privacy Framework • Tips for creating effective data management procedures • When should companies require opt-ins? •

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.

The Dodd-Frank Wall Street Reform and Consumer Protection Act has brought about significant changes to the suitability standards used to determine whether investors can invest in private offerings or private funds or be subject to certain fee arrangements with respect to private funds. In this program, K&L Gates LLP presenters Kay Gordon and Yusef Alexandrine explain the regulatory requirements surrounding the new SEC rules governing these suitability standards, including the following: • amendments to the net worth standard to exclude the value of a person’s primary residence and certain related secured debt used to determine whether a person qualifies as an “accredited investor” eligible to purchase unregistered securities pursuant to private and other limited offering exemptions under the Securities Act of 1933, such as offerings pursuant to Regulation D; • amendments to the net worth standard and asset threshold used to determine whether a person is permitted to be subject to

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).

The DOJ has declared that this is the “new era” of FCPA enforcement. The cost of settlement is spiraling upward, business organizations are conducting extensive and far-reaching investigations at great cost to win cooperation credit, and individuals are being targeted while longer and longer jail sentences are being demanded. Yet in court the DOJ seems to be faltering, and at the same time, business groups are demanding reform and Congress continues to hold hearings. Join Tom Gorman of Dorsey & Whitney LLP as he examines the trends behind this new era of FCPA enforcement in view of the repeated calls to amend the statute and the prospects for reform.