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Positive Steps to Increase Gender Diversity and Eliminate Bias in the Legal Profession

Program Number: 2721 Presenter: Alton (Al) B. Harris, Esq., Andrea S. Kramer, Esq.

In this lively and thought-provoking program, Andrea S. Kramer and Alton B. Harris discuss how implicit gender bias can prevent legal organizations (such as corporate legal departments and law firms) from achieving their desired diversity goals and surprisingly, their economic goals. Using the ABA's Professional Responsibility Model Rule 8.4(g) and state bar professional responsibility rules as a skeletal structure, the presenters discuss how gender stereotypes and implicit biases hold legal organizations back from achieving necessary gender diversity and inclusion, and reduce career opportunities and advancement progress for women attorneys. They also focus on how people can avoid or overcome the discriminatory negative effects of gender bias, such as in the career-sensitive decisions (hiring, assignments, evaluations, compensation, and promotion policies) that are most often affected by implicit biases. Finally, they provide: (1) tips and an action plan for addressing implicit biases in corporate legal departments and law firms that can be used

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Conducting Effective Witness Interviews: A Guide to Understanding the Legal and Privilege Considerations and Practical Tips and Considerations

Program Number: 2720 Presenter: David Silva, Esq., Evan P. Singer, Esq.

In this program for all in-house and corporate counsel and litigators, Evan Singer and David Silva provide an in-depth discussion of issues to consider when conducting witness interviews for purposes of internal investigations or litigation. Topics include the potential application of attorney-client privilege (such as the Upjohn warning); practical tips and strategies for conducting the interview; and some post-interview considerations and strategies.

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Conducting a Data Privacy Assessment: Scanning for Gaps in an Organization’s Privacy Program

Program Number: 2719 Presenter: David A. Zetoony, Esq.

Conducting an audit of an organization’s data privacy practices can be imposing. In this program of particular interest to all in-house and corporate counsel, including those involved in technology, compliance and corporate governance laws, David Zetoony, the Chair of Bryan Cave LLP’s data privacy and security team, discusses various methods for auditing compliance with United States data privacy laws.

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Separating Fact from Fiction: Understanding, Providing for, and Mitigating the Actual Liabilities of a Cyber Attack

Program Number: 2718 Presenter: Tim Burke, MBA, David A. Zetoony, Esq.

There are numerous data privacy and security laws, and considerable disinformation concerning the legal liabilities associated with their non-compliance. One of the most poorly understood areas by attorneys involves the costs that a security/privacy event may have on their clients, or organizations, in terms of legal liabilities, first party expenditures and reputation. This program discusses how an attorney can help a client identify and quantify the various legal risks involved with privacy and data security, and how to take steps to mitigate and deal with those liabilities.

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Experts at Trial: Opportunities and Challenges

Program Number: 2714 Presenter: Michael H. Ginsberg, Esq., Thomas Jackson, Esq. Retired

Jury consultants tell us that jurors respond more favorably to teachers than lawyers. There is no better way to highlight your case themes than through the use of well-qualified and well-spoken experts. But there are challenges, as well. In this program, Tom Jackson and Mike Ginsberg discuss how to use experts to develop your case themes and establish the evidence you need to prevail. They also discuss the pitfalls and challenges of experts--primarily Rule 702 and Daubert requirements governing expert testimony.

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Supreme Court Review: IP Cases for the October 2016 through June 2017 Term

Program Number: 2712IP Presenter: Anthony F. Lo Cicero, Esq.

During the 2016-2017 term, the Supreme Court is expected to issue decisions in SCA Hygiene v. First Quality, dealing with laches in patent cases; Lexmark International v. Impression Products, dealing with patent exhaustion; TC Heartland v. Kraft Foods, on the all-important patent venue issue; and Lee v. Tam, considering the ban on registration of offensive trademarks. Join Anthony Lo Cicero of Amster, Rothstein & Ebenstein LLP for a discussion of these important cases and their likely ramifications.

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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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