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Trading in Opaque Markets: False Statements, Materiality and Securities Fraud

Program Number: 2736 Presenter: Thomas O. Gorman, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** The Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) have brought four cases charging six traders from two major firms with fraud. The actions are all similar, claiming that the traders made multiple misrepresentations when dealing with counterparties in either the residential mortgage-backed securities (RMBS) or commercial mortgage backed securities (CMBS) markets. The misrepresentations are detailed in electronic communications. Two criminal cases have, however, ended largely in acquittals. Yet the government continues. In this program, Tom Gorman critically examines these cases, distilling important lessons for trading houses and their compliance professionals while pointing to a likely area of future focus for the SEC inspection program.

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Depositions for Discovery and Trial: An Advanced Look

Program Number: 2734 Presenter: Michael H. Ginsberg, Esq., Thomas Jackson, Esq. Retired

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Tom Jackson and Mike Ginsberg discuss preparing for and taking depositions for the dual purpose of discovery and preparing for trial. The focus is on the different parts of the deposition, including fact gathering, fact development, exhaustion of the witness' knowledge, and theory testing, and special attention is given to the form and precision of the questioning so as to lock in the witness' testimony for summary judgment motions and trial impeachment, if necessary. Topics covered also include: depositions of experts, and the differences between the deposition of an expert and the deposition of a percipient witness or company representative, and depositions of corporate representatives pursuant to Federal Rule of Civil Procedure 30(b)(6) and state equivalents. An essential program for any attorney involved in litigation, discovery and/or

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What In-House Counsel Should Know about the NIST and AICPA Frameworks and other Steps to Mitigate or Avoid Cybersecurity Risks and Threats

Program Number: 2733 Presenter: Michael Pinna, CPA

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** This program describes the problem of cybersecurity, including common vulnerabilities that can be exploited in order to gain unauthorized access to systems and data, and discusses some common frameworks, such as the National Institute of Standards and Technology ("NIST") Cybersecurity Framework and the new American Institute of Certified Public Accountants (“AICPA") Cybersecurity Risk Management Framework that can be used to understand and address the cybersecurity risks and threats in any type of organization. Also covered are cyber liability insurance which is becoming more prevalent in today’s marketplace, and key steps that organizations should consider implementing to make an immediate impact in their cybersecurity risk profile.

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Representing the Client under the Common Interest or Joint Defense Privilege: How Attorneys Should Meet their Ethical Obligations

Program Number: 2731 Presenter: Evan P. Singer, Esq., Arielle S. Tobin, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** The common interest privilege, also known as the joint defense privilege, the allied litigant doctrine, the pooled information privilege, and others, generally allows “persons who have common interests to coordinate their positions without destroying the privileged status of their communications with their lawyers.” Restatement (Third) of the Law Governing Lawyers § 76 cmt. b. In this program, Jones Day partner Evan P. Singer and associate Arielle Tobin: (1) discuss the source and history of the common interest privilege, (2) define the elements required to establish the privilege; and (3) address the ethical issues confronting attorneys, including maintaining the confidentiality of client communications, avoidance of conflicts and not acting adversely to the client’s interest. ABA Model Rules covered include 1.6, 1.7(b)(4), and 1.13. Ethics opinions covered include District of Columbia Ethics Opinion 349 and ABA Opinion 95

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Recent Developments in M&A Litigation

Program Number: 2730 Presenter: Evan P. Singer, Esq.

In this program of particular interest to in-house, corporate, securities and transactional counsel and litigators, Jones Day partner Evan P. Singer discusses key cases like Aruba Networks, Trulia, Walgreens and Gordon v. Verizon, as well as recent developments regarding the common interest privilege under New York law.

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Ethics Developments in IP Practice-2017

Program Number: 2727IP Presenter: Anthony F. Lo Cicero, Esq.

Anthony Lo Cicero of Amster, Rothstein & Ebenstein, LLP, discusses recent developments in the law of ethics as it applies to intellectual property, including such subjects as formation and termination of the client relationship, under, e.g. ABA Rules 1.16, 1.18; duties owed to current and former clients under Rules 1.7-1.9; the bases for disqualification and the ever-challenging issue of subject matter conflicts, including developments after the decision in Maling v. Finnegan Henderson, 473 Mass. 336 (2015).

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Mental Health, Competence, Substance Abuse and Addiction in the Legal Profession: A Focus on Gender Distinctions

Program Number: 2726 Presenter: Joan Bibelhausen, JD

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Studies show that lawyers are at greater risk for alcohol use disorders, depression, other mental illness and stress than members of other professions or the general population. Women and men attorneys differ in the ways and reasons that these problems develop, their symptoms, their willingness to get help and the types of treatment that are most effective. Stigma is a particular issue for women. Learn about these gender differences and how to recognize problems, reach out to offer help and the resources that are available for men and women in the legal profession.

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Dealing with Data Privacy and Data Security in Cloud and IT Vendor Agreements: A Guide for In-House Counsel

Program Number: 2725 Presenter: Jason D. Haislmaier, Esq.

While cloud computing and other hosted and online services have become fundamental resources for many companies, using them can also lead to significant legal concerns over data privacy and security. As a result, the provisions involving these issues in such service agreements have become hotly contested. Join Jason Haislmaier of Bryan Cave LLP as he discusses significant data privacy and security concerns that can arise in cloud and other hosted and online services agreements and provides tools for addressing these issues and mitigating the risks that come with them.

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Post-Grant Patent Office Proceedings After the AIA: Lessons from the First Five Years

Program Number: 2724IP Presenter: Brian A. Jones, Esq., Amol Parikh, Esq.

The creation of Inter Partes Review (IPR), Post Grant Review (PGR), and Covered Business Method Review (CBMR) has drastically impacted and shifted patent litigation strategy since 2012. These proceedings have proven to be a relatively cost-effective approach for a party seeking to challenge the validity of a patent. But these proceedings are not without their critics, and numerous issues have developed relating to the authority of the Patent Office concerning grant or denial of institution, the applicable claim construction and invalidity standards, and the effect of estoppel, just to name a few. This presentation focuses on the evolution of Post-Grant Patent Office proceedings, recent reforms, current trends, and potential changes that may occur in the near future.

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Common Pitfalls of Fiduciary Duties of Officers and Directors and How to Avoid Them: Essential Guidance for In-House and Corporate Counsel

Program Number: 2723 Presenter: Megan Lopp Mathias, Esq.

In this important program for in-house and corporate counsel, Megan Mathias covers the scope of fiduciary duties of officers and directors and how to navigate the legal challenges. Topics include: discussion of the various fiduciary responsibilities, avoidance of problematic scenarios, and how to address conflicts when they arise.

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