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Programs in International Law



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An Overview of Shareholder Derivative Litigation Principles and the Impact of Director and Officer Indemnification Agreements (August 7, 2019)

Program Number: 2996 Presenter: Jennifer Hadley Catero, Esq.

**** CD's are pre-order only and not available until after the program date - Online Programs are not available until after the program date. If the online purchase button is not showing, then the on-demand program is not yet available. **** This course provides an overview of the procedural mechanics of a shareholder derivative claim including the nature of a derivative claim, the posture of the named parties, determining applicable law, the demand requirement, demand futility, the role of the internal investigation and special litigation committees. The course also touches upon the various sources of coverage for a director or an officer who is targeted by such a claim including D&O insurance, statutory indemnification requirements and also the corporation’s charter documents including the articles and bylaws. Indemnification Agreements can also provide an additional layer of protection for the director and officer which can help corporation’s attract top talent. Some

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Getting Your Ducks in a Row for the California Consumer Privacy Act (June 27, 2019)

Program Number: 2985 Presenter: Sadia Mirza, Esq.

**** CD's are pre-order only and not available until after the program date - Online Programs are not available until after the program date. If the online purchase button is not showing, then the on-demand program is not yet available. **** Data privacy took center stage in 2018. The European Union's (EU) General Data Protection Regulation (GDPR) came into effect in May 2018, and California quickly followed suit with its own privacy protection law, the California Consumer Privacy Act of 2018 (CCPA). The CCPA greatly expands privacy protections for California residents by providing greater transparency and control over how certain businesses use their personal information. Come next year, California residents will have rights similar in principle to those afforded to EU residents, including the right to access information, right to deletion, right to data portability, and the right to opt out of the sale of their personal information. Businesses subject to the CCPA need to

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FISA: More of Everything You Didn’t Know

Program Number: 2946 Presenter: George W. Croner, Esq.

Electronic surveillance represents the most important foreign intelligence collection tool available to the U.S. government. Correspondingly, the ability to surveil constitutes one of those activities most susceptible to abuse by a government against its citizens. In the U.S., the government’s use of electronic surveillance is highly regulated and can be conducted for only two purposes: law enforcement, which is undertaken by both federal and state governments; and foreign intelligence collection, which is an exclusively federal government function conducted pursuant to a single authority - the Foreign Intelligence Surveillance Act or “FISA”. FISA governs not only electronic surveillance but the use of physical searches, pen registers, trap and trace devices, and business records collection to acquire foreign intelligence. It permits surveillance and other intrusive activities in the United States both with, and in limited circumstances, without a warrant. It covers virtually every major intelligence collection effort used by

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Inspector General Whistleblower Investigations – How They Work & How to Manage if Under Investigation

Program Number: 2945 Presenter: Margaret Cassidy, Esq.

Federal Government inspector general offices are required to investigate whistleblower complaints against contractors in certain circumstances. If your company does business with the federal government, it is important to know: How inspector general offices work, When IG’s must investigate whistleblower complaints, How the “new” DoD alternative dispute resolution process for whistleblower complaints work, and What your company can do to mitigate the risk of an inspector general investigation as well as how to manage if your company is under investigation. This CLE will discuss applicable laws, regulations and best practices on making it through an IG investigation.

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California’s New Privacy Law and Internet of Things Cybersecurity Laws

Program Number: 2944 Presenter: Michael Bahar, Esq., Ali Jessani, Frank Nolan, Esq.

On the heels of the EU’s implementation of the General Data Protection Regulation (GDPR), California has passed legislation that tracks the GDPR in important ways, and signals that more states (and, possibly, the US federal government) will dramatically tighten laws governing privacy. In addition to the California Consumer Privacy Act, California also recently passed a cybersecurity law governing Internet of Things (IoT) devices, both of which are scheduled to go into effect in 2020. In this webcast, three Eversheds Sutherland attorneys will address the general trends in rules and regulations governing information security and privacy, analyze the impacts of the CCPA and IoT legislation, and offer guidance on navigating this rapidly developing landscape.

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“I’m the controller!” “No, I am!”: Joint Controllers under the GDPR

Program Number: 2943 Presenter: Sean Christy, Esq., Tyler Thompson, Esq.

The relationship between controllers and processors under the EU’s GDPR is well understood, but what if neither party is a processor? Is the relationship a data pool, a professional engagement, or a shared marketing program or service? In these and many other scenarios it is possible that the relationship is instead that of joint controllers. This program will take an in-depth look on how to determine when a relationship is between a controller and a processor, separate controllers, or joint controllers and the ramifications of each construct. Additionally, learn how to structure a contractual relationship between joint controllers and receive template documents designed to make the relationship clear and compliant. Finally, hear practical guidance from BCLP attorneys who have structured large joint controller relationships, including those processing large amounts of sensitive data.

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The Business of Online Business: Session One - Domain Names and Domain Name Disputes

Program Number: 2941 Presenter: Shari Claire Lewis, Esq.

Every business with a website is an e-business and, as a result, face challenges that are unique to online commerce and twists on traditional ones. For example, the maxim “location, location, location” applies in the virtual world as much as in the physical realm. In this first session, we will discuss issues concerning Internet domain names – an e-business’s virtual name, address and introductory marketing statement. We will explore the explosive growth of top-level domains as potential new “neighborhoods” in the virtual world. We will also cover cybersquatting and reverse cybersquatting, which continue to impact domain name use, and the variety of venues where a claim may be heard. We will review recent criteria that courts and dispute resolution groups consider in assessing whether a domain name registration has an improper commercial purpose, as well as the various dispute resolution practices offered by the domain name registrars as potential alternatives

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Ethics and Cybersecurity: A Lawyer’s Professional Obligations Under the ABA Model Rules

Program Number: 2940 Presenter: David A. Zetoony, Esq.

In addition to complying with data security statutes and regulations, lawyers must comply with ethical obligations under the rules of professional conduct to protect their clients’ privacy and security. In this program, David Zetoony covers the attorney’s ethical considerations including requirements under ABA Model Rule 1.1, Model Rule 1.6(c), new ABA Formal Opinion 483 on data breach notification, Formal Opinion 477R on communicating with clients through email.

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DOL Issues New Guidance Rescinding the 20% Rule: What This Means for Managing Tipped Employees

Program Number: 2939 Presenter: Justin R. Barnes, Esq., Eric Magnus, Esq.

On November 8, 2018, the Wage and Hour Division of the Department of Labor (DOL) rescinded the so-called “20% Rule,” which purported to segregate the duties of tipped employees between allegedly tip-generating duties and related non-tipped duties (sometimes referred to as a “side work”), and thereby limit the availability of the tip credit. The rule has been replaced with prior DOL guidance issued in 2009. Speakers Eric Magnus and Justin Barnes will discuss the new guidance, implications of this change for the service industry, and offer advice on how employers can assign work to tipped employees without jeopardizing use of the tip credit.

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SEC Whistleblower Program: Where We Stand with Internal Investigations and Corporate Policies/ Procedures

Program Number: 2936 Presenter: Jennifer L. Berhorst, Esq. , Jennifer Kies Mammen, Esq.

In this program, of particular interest to in-house lawyers and litigators at public companies, our presenters will address developments under the SEC’s Dodd-Frank Whistleblower Program, including the Supreme Court’s 2018 decision favoring a narrow definition of “whistleblower” and proposed amendments to the whistleblower rules, and will offer practical tips in conducting internal investigations and reviewing company policies and procedures.

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