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Programs in White Collar



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Mastering Bitcoin, Blockchain and Digital Currency Law

Program Number: 2873 Presenter: John Rafferty, Esq.

Bitcoin and other cryptocurrencies are unique from other currencies in that they exist on a continuously growing, immutable database, that when linked together, form a blockchain. Cryptocurrencies are largely decentralized and as such, are subject to competing regulations. This raises some interesting legal issues, especially with regard to the recovery of lost assets. In 2018, individuals around the world are using hundreds of different cryptocurrencies to pay for coffee, new homes and even legal services. But blockchain-use cases are not limited just to cryptocurrency. Increasingly, blockchains are being used for supply-chain management, intellectual property, fraud detection, regulatory compliance, audits, data storage and even smart-contract creation.

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The Federal Rule of Civil Procedure

Program Number: 2866 Presenter: Judith Mogul, Esq., Edward M. Spiro, 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 2015 amendments to the Federal Rule of Civil Procedure placed renewed emphasis on proportionality in discovery and sought to address some of the burdens and complexity of discovery of electronically stored information (ESI). This program will look at how those amendments have played out in practical terms and discuss approaches and pitfalls in ESI discovery.

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Cyber Liability 101: The Threats of Cyber / Data / Network Liability

Program Number: 2864 Presenter: Ralph A. Pasquariello, CLCS

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** The exposure to Cyber threats for companies has escalated over the past 10 years. What was once a random act, simple hacking has grown into a wave of unstoppable organized crime. Firewalls are no longer a defense for the pinpoint accuracy of Spear Phishing. The criminals of the past that stole simple information and data have been replaced by massive attacks resulting in severe business interruption, ransom demands, and information/data destruction. Cyber security is a must, but more import is a Cyber Liability Insurance Policy which will cover your costs in the event of a Cyber Attack. There are many facets of Cyber-crime with its endpoint targets constantly changing, thus: the need for carefully designed coverages which can blend Cyber/Crime/Technology coverages to defend today’s electronic

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The High Court and Securities Law: A Look Back at the 2018 Term and the Coming Term

Program Number: 2863 Presenter: Thomas O. Gorman, Esq.

Digital Realty Trust. Cyan and Lucia defined key securities law issues regarding whistleblowers, class actions and perhaps the future of government administrative enforcement actions. While the Supreme Court has only agreed to hear one securities case to date in the coming term, it has the potential to be a blockbuster: Lorenzo will consider the long simmering question about what constitutes scheme liability and whether the SEC can use the theory to evade Janus on false statements and perhaps wipe out the distinction between primary and secondary liability. If Judge Kaveanaugh from the D.C. Circuit is confirmed the case may be more interesting – he wrote the dissent in Lorenzo in the D.C. circuit which is highly critical of the SEC’s position.

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Recent Developments in Delaware M&A Litigation

Program Number: 2843 Presenter: Mark W. Rasmussen, Esq., Evan P. Singer, Esq.

**** 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 program, Jones Day partners Mark W. Rasmussen and Evan P. Singer discuss recent trends in takeover litigation in the Delaware Chancery Court and beyond, including the current effects of cases considering the so-called “disclosure only” settlements, such as Delaware Chancellor Bouchard’s opinion in Trulia, Judge Posner’s opinion in In re Walgreen Co. Stockholder Litigation, and the New York Appellate Division’s opinion in Gordon v. Verizon Communications, applying New York law.

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Legal Issues for Lawyers Advising Clients Involved in Blockchain Technology

Program Number: 2833 Presenter: James A. Cox, Esq., Mark W. Rasmussen, Esq., Melissa Saldana, Esq.

Join our presenters for this important program for attorneys with clients whose businesses use blockchain technology. Topics include a brief overview of blockchain; recent developments in the law, including enforcement actions by federal and state regulators; private litigation; new legislation pertaining to blockchain businesses; and ethical issues for lawyers to consider, including ABA Model Rules 1.1, 1.2, 1.16 and 2.1.

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A Proactive Approach to Cybersecurity: Latest Developments for Attorneys

Program Number: 2829 Presenter: Nick Akerman, Esq.

Nick Akerman, a nationally recognized expert on computer crime and the protection of competitively sensitive information and computer data, covers latest trends and developments for all attorneys on cybersecurity. Topics include: • The trend from reactive regulation to data compliance • Requirements of an effective data compliance program • Critical business functions to review to enhance cyber security • Regulatory change management—new developments with the SEC, FINRA and the New York State Financial Services law • Using criminal federal statutes—the Computer Fraud and Abuse Act and the Economic Espionage Act—to protect company data

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Digital Realty: How the Supreme Court’s Whistleblower Decision Impacts Internal Investigations and Corporate Policies and Procedures

Program Number: 2827 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 address the Supreme Court’s recent decision in the Digital Realty Trust case favoring a narrow definition of “whistleblower” under the SEC’s Dodd-Frank Whistleblower Program. Topics include practical tips in conducting internal investigations and reviewing company policies and procedures in response to the Supreme Court’s decision.

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TROs and Injunctions: A Refresher for In-House and Outside Lawyers

Program Number: 2825 Presenter: David Silva, Esq., Evan P. Singer, Esq.

In this program for all in-house and outside lawyers and litigators, Evan Singer and David Silva, Jones Day, discuss the ins-and-outs of seeking a TRO, temporary injunction, and permanent injunction in Federal and State courts. Topics include an overview of the various forms of relief; ethical and strategic considerations to review prior to seeking an injunction; the mechanics of applying for relief; and practice tips to consider when seeking injunctive relief.

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Attorney-Client Privilege and Work Product Doctrine in Internal Investigations and Securities Litigation: Latest Developments for Corporate, Securities, and White Collar Attorneys

Program Number: 2821 Presenter: David Silva, Esq., Evan P. Singer, Esq.

In this program for all in-house, corporate and securities lawyers and litigators, Evan Singer and David Silva provide an in-depth discussion of privilege issues to consider when conducting internal investigations or securities litigation. Topics include the Upjohn warning; work product protections and the implications of the recent Herrera and Baylor University discovery orders; and some practical considerations when structuring and conducting a privileged investigation.

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