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Current Issues with Whistleblower-Retaliation Claims: A Guide for In-House Employment and Corporate Attorneys

Program Number: 2636 Presenter: Joshua A. James, Esq., Daniel I. Prywes, Esq., Bryan Cave

Dan Prywes and Josh James address ways in which employers can avoid whistleblower-retaliation claims and best manage such claims when they do arise, consistent with whistleblowers’ rights. Topics include: useful contract provisions and compliance measures, the use of arbitration clauses, managing whistleblowing employees in the workplace after a complaint, the recovery of privileged or confidential documents, the discipline or termination of whistleblowers for misconduct or poor performance, and the settlement of whistleblower-retaliation claims.

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Patent Exhaustion after the Federal Circuit’s Decision in Lexmark International, Inc., v. Impression Products, Inc.

Program Number: 2635IP Presenter: Casey Campbell, Esq., Amol Parikh, Esq.

Amol Parikh and Casey Campbell, McDermott Will & Emery, discuss the impact of the Federal Circuit’s decision in Lexmark International, Inc., v. Impression Products, Inc. on the issue of patent exhaustion. Topics include the history of the patent exhaustion doctrine, the changes in the law pronounced by the Federal Circuit, and considerations of potential licensing strategies in view of the case.

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Taking and Defending the Corporate Deposition under Rule 30(b)(6)

Program Number: 2634 Presenter: Michael H. Ginsberg, Esq., Thomas Jackson, Esq. - Of Counsel, Jones Day

Depositions of corporate representatives present unique issues for both the taking and the defending attorney. Join Jones Day partners Tom Jackson and Mike Ginsberg as they focus on those unique issues, with particular emphasis on Federal Rule of Civil Procedure 30(b)(6). Topics include preparing and responding to the notice of deposition, selecting and preparing the witness, the conduct of the deposition, and post deposition procedures to address issues that arise during the course of the deposition.

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Asset Protection and Estate Planning: Important Considerations when Funding and Administering a Protective Structure

Program Number: 2633 Presenter: John R. Garland, Esq.

While well-crafted documents are essential to ensure that the structure’s assets will be protected properly, asset protection and estate planning attorneys should know that it is also imperative to adhere to certain funding and administration practices. Join John Garland as he discusses: (1) respecting the separate character of the trust and partnership; (2) choosing the assets to be transferred and taking into account “ripple effects”; (3) whether the asset should be transferred to the trust or to the partnership; (4) segregating “hot” assets from “cold” assets; (5) the persons in control of administering the trust and partnership; (6) real property issues; (7) distributing assets out of the structure; (8) appropriate documentation; and (9) making sure the structure is not a “back pocketbook.”

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A Review of EEOC's Fiscal Year ending September 2016 and a Look at What to Expect Next Year

Program Number: 2632 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, 2016, 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 decision about standards that govern attorney's fee awards against the EEOC • The Supreme Court's upcoming term • Significant pending and recently-decided cases • The EEOC's efforts to regulate wellness plans • The EEOC's proposed changes to the EEO-1 form and corresponding proposed requirement that employers report information about employee pay • The status of EEOC's enforcement efforts concerning the use by employers of criminal and

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Supreme Court Round-Up: Analysis of the Supreme Court's 2015-2016 Labor and Employment Decisions and a Preview of the Upcoming Term

Program Number: 2631 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 Supreme Court's labor and employment law decisions from the 2015-2016 term, including the Court's decisions about how the First Amendment applies to mandatory union dues; when a court may award attorney's fees to a prevailing defendant in a civil rights employment case; when the filing period for constructive discharge claims begins to run; class action standards for wage and hour and other employment class and collective actions; exemptions to the Fair Labor Standards Act; standards that govern whether an offer of judgment to a plaintiff in a class action may moot such a case; and religious liberty and employee health insurance.

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Recent Amendments to the Federal Rules of Civil Procedure: What Has Changed and How Courts Are Interpreting the New Rules

Program Number: 2630 Presenter: Thomas Jackson, Esq. - Of Counsel, Jones Day, Mark W. Rasmussen, Esq., Evan P. Singer, Esq.

Join our presenters for this important discussion on the amendments to the Federal Rules of Civil Procedure that took effect on December 1, 2015; the recent decisions by the Courts that have interpreted the new rules; and how the new rules are affecting litigation strategies.

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Recent Developments in Delaware M&A Litigation: Is the Disclosure Only Settlement Dead?

Program Number: 2629 Presenter: Thomas Jackson, Esq. - Of Counsel, Jones Day, Mark W. Rasmussen, Esq., Evan P. Singer, Esq.

This program, especially for corporate and securities lawyers and litigators, discusses recent trends in takeover litigation in the Delaware Chancery Court, including recent cases considering so-called "disclosure only" settlements, such as Aeroflex, Aruba Networks, and Trulia.

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An Asset Protection Planning Primer for Estate Planning, Tax and Creditors Rights Lawyers

Program Number: 2628 Presenter: Barry S. Engel, Esq.

Join asset protection planning attorney Barry Engel as he covers important topics for estate planning, tax and creditors’-rights lawyers, including the following: (i) an introduction to incorporating asset protection into traditional estate planning; (ii) asset protection as a supplement to traditional forms of liability and malpractice insurance; (iii) “Level 1” Planning for individuals vs. “Level 2” Planning for operating companies and professional practices; (iv) using multiple trusts and underlying entities; (v) what happens when the planning structure is challenged; (vi) contempt of court principles; (vii) current federal tax considerations (viii) a comparison of domestic and foreign asset protection trust statutory law; (ix) Choice of Law and Conflict of Laws issues; and (x) a case study incorporating the relevant concepts.

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Supreme Court Review: IP Cases from the October 2015 through June 2016 Term

Program Number: 2627IP Presenter: Anthony F. Lo Cicero, Esq.

During the 2015-2016 term, the Supreme Court is expected to issue decisions in Stryker Corp. v. Zimmer, Inc. and Halo Elec. V. Pulse Elec., relating to the award of enhanced damages in patent cases; Samsung Elec. V, Apple, Inc., regarding the design patent scope and monetary recovery; and Cuzzo Speed Tech. v. Lee, dealing with the scope of claim construction in PTAB proceedings and the reviewability of institution decisions. Join Anthony Lo Cicero of Amster, Rothstein & Ebenstein LLP for a discussion of these important cases and their likely ramifications.

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