AttorneysEd Center

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Boards and senior management often look to attorneys to advise them when a data breach arises. Providing sound and practical legal advice can be complicated if management has not gone through a data breach before, and does not understand the legal implications of the choices that they may make. This program focuses on how attorneys can explain the legal implications of a data breach in order to help management make decisions, either before or after a breach occurs, concerning how the company can position itself.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** When planning litigation for trademark infringement, attorneys should consider the nature of the remedies available, legal and equitable. These remedies, if obtained, will often determine success or failure in the eyes of the client. Anthony Lo Cicero of Amster, Rothstein & Ebenstein LLP explains the ways to obtain available remedies, preliminary and permanent injunctive relief, destruction of merchandise, awards of actual and statutory damages, disgorgement of profits and more.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Good news: you were just retained to handle an employment dispute. You soon learn the employer has employment practices liability insurance (EPLI). How does EPLI impact the way that you evaluate, litigate, mediate, and try employment cases? Ann Kotlarski, a former successful employment and business/commercial trial lawyer, and currently a mediator and arbitrator, describes the ins and outs of handling EPLI covered claims, provides practical pointers, and addresses the legal issues that arise from the inception to the conclusion of an insured employment case.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** 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 477R, Securing Communication of Protected Client Information, and its previous ABA Formal Opinion 99-413, Protecting the Confidentiality of Unencrypted E-Mail (1999).

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 counter parties 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.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** In the 2016-2017 term, the Supreme Court handed down decisions in cases such as Kokesh and Salman that may well have a far reaching impact on securities litigation and SEC enforcement. This term promises to have additional important decisions. In the October term, the High Court has already agreed to hear cases such as Digital Realty, which will consider a critical issue regarding whistleblowers, and Leidos, regarding whether Section 303 creates an actionable duty to disclose in class actions. Join Tom Gorman as he reviews the key decisions of last term and previews those coming in the term which will start in October 2017.

**** 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

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.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** In this important program for all lawyers, Steve Bennett tackles the thorny issue of difficult clients, and covers the ethical considerations for dealing with them. Topics covered include: identifying the difficult client; managing expectations; withdrawal methods; and risk management techniques. ABA Model Rules addressed include: 1.1 (competence); 1.6 (preserving confidentiality); 1.14 (client with diminished capacity); 1.16 (withdrawal from representation); 5.1 (responsibility of supervising lawyers); 5.4 (professional judgment); 6.1 (pro bono service) Opinions discussed include In re Gonzalez, 773 A.2d 1026 (D.C. 2001); In re Shipley, No. D-2827 (S. Ct. 2014).

**** 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