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Programs in Administrative Law & Regulations



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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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Biometrics and the New Wave of Class Action Lawsuits (May 30, 2019)

Program Number: 2984 Presenter: Harrison Brown, Esq., Jeffrey N. Rosenthal, 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. **** Whether it is an employee’s fingerprint used to clock in and out of work, or using your face to unlock a phone, the use of biometric information is becoming increasingly commonplace. Such biometric information provides convenience in a complicated world. But, at the same time, creates legal risk for businesses in all industries. This webinar will explore what biometric information is and how it is used; the jurisdictions which regulate biometric information; the requirements imposed on businesses; trends in lawsuits over the use of biometric information; and compliance strategies intended to reduce exposure.

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The Importance of Intellectual Property Protection in Crowdfunding/Crowd financing (June 12, 2019)

Program Number: 2976 Presenter: David Postolski, 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. **** Regardless of the type of product or service you ae crowdfunding or the site/portal you might be using, protecting your intellectual property first is a prerequisite. Intellectual Property includes trade secrets, patents, trademarks, and copyright and this presentation will explore the differences in each and the pitfalls of using crowdfunding without securing your protection. BY learning from others mistakes in not securing their IP will enable participants to fully maximize their crowdfunding experience and achieve their goals.

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Sedona Provides Updated, Practical Guidance for Legal Holds (June 18, 2019)

Program Number: 2975 Presenter: Donna L. Fisher, Esq., Matthew J. Hamilton, Esq., Jason Lichter, Esq., Robin E. Martin, 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. **** Good-faith, reasonable, and proportional document preservation should be top of mind for any entity trying to satisfy its discovery obligations and mitigate the risks associated with failing to preserve potentially relevant, discoverable electronically stored information. Given the increasing volume and variety of ESI, determining what to preserve—and when to do so—is vital. This panel discussion, featuring four experienced litigators and e-discovery experts from Pepper Hamilton LLP, will use the recently announced Sedona Conference Commentary on Legal Holds, Second Edition as a starting point for a discussion of recent case law and best practices for determining when a legal hold should be imposed, the types of data to be preserved

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CCPA: How to Anticipate and Defend Litigation Under California’s New Privacy Law (July 15, 2019)

Program Number: 2973 Presenter: Jennifer A. Jackson, Esq., Tracy M. Talbot, Esq., Jed P. White, 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. **** The California Consumer Privacy Act of 2018 (“CPPA”) is arguably the most comprehensive and complex data privacy regulation in the United States. Hasty drafting and a broad consumer protection mandate – combined with a private right of action and hefty statutory damages provision – promise an onslaught of litigation when the CCPA goes into effect in January 2020. This program will address how to prepare for and, ideally, mitigate the litigation risks facing companies that do business in California.

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The Role of Social Media in E-Discovery: Current Developments for All Attorneys (April 15, 2019)

Program Number: 2971 Presenter: Theresa M. Coughlin, Esq., Kristen A. Lejnieks, 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. **** As social media takes on an increasingly central role in people's lives, all attorneys must understand the implications of this expansion on e-discovery. This presentation covers preservation, collection, and processing issues unique to social media and emerging social media case law.

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11 Months In – What You Need to Know About GDPR Scope and Enforcement Actions

Program Number: 2968 Presenter: Odia Kagan, Esq.

Having gone into effect on May 25, 2018 with a “big bang”, the European General Data Protection Regulation (GDPR) overhauled how many companies handle personal data. 11 months in, after the publication of new guidelines on the extraterritorial scope of GDPR and a number of enforcement actions, we have more clarity about what companies fall in scope and things to keep in mind when working on compliance. In this webinar, Odia Kagan, Partner and Chair of GDPR Compliance and International Privacy at Fox Rothschild LLP, will discuss how GDPR applies to you if you are a non-EU entity, key takeaways from enforcement actions and how this all relates to the new California Consumer Privacy Act (CCPA).

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Lessons from 'Michael Cohen v. United States'

Program Number: 2964 Presenter: Kelly Cullen, Esq., Wendy Curtis, Esq., E. Scott Morvillo, Esq., Ellen Murphy, Esq., Jeremiah Weasenforth, Esq.

On April 9, 2018, the FBI raided the office, home, and hotel room of President Donald Trump’s personal attorney, Michael Cohen, seizing business records, emails, and electronic data from computers and data storage devices. Because Cohen is an attorney, the documents seized needed to be reviewed for attorney-client privileged communications before they could be turned over to federal investigators. The Court considered using Technology Assisted Review or “TAR” to expedite the privilege review process, but ultimately decided against it. This seminar will explore TAR, how and why it’s an important tool in certain litigations, and why requiring the use of TAR as the sole arbiter for a privilege review in a criminal case is improper and potentially unconstitutional.

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Cryptocurrency and Blockchain in Bankruptcy Cases (June 19, 2019)

Program Number: 2949 Presenter: Stephanie Lieb, 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 presentation will be a look into the FDCPA, exploring best practices, avoiding potential pitfalls, and recent case law updates.

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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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