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Confidentiality, Privilege and other Ethics Issues after the Merger: What to Do When You're in Post-Acquisition Dispute Litigation

Program Number: 2809 Presenter: Jasmine Coo, Michael Thompson, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Mergers, acquisitions, and asset sales raise a number of ethical issues, including who controls the confidentiality and privilege after the deal closes. These questions become that much more important when the buyer and seller are embroiled in litigation after the deal, at which time shared confidentiality and privileges and use of such information as evidence can pose complicated and expensive challenges for all parties involved. On top of these considerations, lawyers must abide by additional rules concerning, e.g., loyalty to clients. In this program, Michael Thompson and Jasmine Coo review the legal and ethical authorities concerning attorneys’ confidentiality, privilege and other ethical obligations (including ABA Model Rules 1.6 (Confidentiality of Information), 1.9 (Duties to Former Clients), 2.1 (Advisor), 3.7 (Lawyer as Witness) and ABA Informal Op. 857 (Attorney as Witness); discuss such

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Common Post-Acquisition Disputes and How to Avoid Them: Practical Guidance for In-House and Corporate Attorneys

Program Number: 2808 Presenter: Jasmine Coo, Michael Thompson, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Mergers, acquisitions, and asset sales often have many moving parts that require clients to engage subject matter experts to review both proposed terms and due diligence on a host of topics from environmental matters to tax and employment matters. But what about the rest of the contract? Often issues arise post-closing that were not fully anticipated during the transaction. The culprits are usually boilerplate terms (such as arbitration, choice of law, force majeure, and integration clauses) and terms designed to mitigate future risk (such as earn outs and indemnities). In this program, Michael Thompson and Jasmine Coo take you through the contract terms that are most commonly disputed after the closing of a merger, acquisition, or asset sale and provide tips to help you avoid expense and heartache

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Ethical Conundrums in Cross-Border Corporate Investigations

Program Number: 2806 Presenter: Robert J. Anello, Esq., Benjamin S. Fischer, Esq., Kostya Lantsman, 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 the ever-expanding field of corporate investigations, some of the thorniest issues arise not only at home, but also abroad. Partners Robert J. Anello and Benjamin S. Fischer and associate Kostya Lantsman of New York litigation boutique and white collar law firm, Morvillo Abramowitz Grand Iason & Anello P.C., discuss recent developments in cross-border corporate investigations and the ethical conundrums posed to in-house and outside counsel. Topics covered include the limits of prosecutors’ ability to rely on foreign compelled testimony, the limits for electronic surveillance and searches in the U.S. and abroad, and the complexities presented by the differences in recognition of the corporate attorney-client privilege particularly as it relates to in-house counsel across various jurisdictions. ABA Model Rules and other ethical authorities related to these issues

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Not #metoo: Sexual Harassment and How to Prevent Being the Latest Headline

Program Number: 2805 Presenter: Donald L. Samuels, 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 headlines have been full of claims of sexual harassment and sexual assault. In this time of heightened interest and scrutiny regarding this topic, Don Samuels discusses what is sexual harassment and sexual assault; who is responsible for it; what are the legal liabilities and the costs, both economic and non-economic; and best practices for recognizing, addressing and preventing sexual harassment. A must program for all attorneys, particularly in-house counsel and litigators, about the legal issues surrounding sexual harassment and misconduct in the workplace.

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Confidentiality and Privilege: Ethics for In-House and Deal Lawyers

Program Number: 2803 Presenter: Jasmine Coo, Michael Thompson, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Confidentiality and other ethical obligations, as well as the attorney-client privilege and other privileges, are a part of everyday life for a litigator. Transactional and in-house attorneys, however, often advise their clients on business and legal matters. As a result, it can be difficult to know which communications and documents are confidential, privileged and/or subject to other ethical considerations. In this program, litigators Michael Thompson and Jasmine Coo review key legal and ethical authorities governing confidentiality, privilege, and other ethical obligations (including ABA Model Rules 1.6 (Confidentiality of Information), 2.1 (Advisor), and 5.1 – 5.3 (Responsibilities of a Partner or Supervisory Lawyer, Responsibilities of a Subordinate Lawyer; Responsibilities Regarding Nonlawyer Assistance), and ABA Formal Ethics Opinions 95-390 (Conflicts of Interest in the Corporate Family Context), and 98-410 (Lawyer Serving as Direct of

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2017 Post-Acquisition Dispute Round-Up

Program Number: 2750 Presenter: Jasmine Coo, Michael Thompson, Esq.

The best away to learn how to avoid pitfalls after a merger, acquisition, or asset sale is to analyze which disputes have arisen recently. Michael Thompson and Jasmine Coo discuss the big ticket post-acquisition disputes that arose in 2017 and offer tips on how you can avoid them.

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Key Legal Issues in the Internet of Things

Program Number: 2749IP Presenter: Brian A. Jones, Esq., Amol Parikh, Esq.

Internet of Things (IoT), including artificial intelligence and robotics, have now entered the mainstream social narrative. However, the proliferation of this exciting and transformative technology raises a wide range of legal issues. This presentation focuses on the key legal issues surrounding the Internet of Things, including data ownership and privacy, security, intellectual property, and product liability, as well as ethical implications of the use of such technology.

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Direct Examination: Allowing Witnesses to Tell Their Stories at Trial

Program Number: 2748 Presenter: Michael H. Ginsberg, Esq., Thomas Jackson, Esq. - Partner, Jones Day

Tom Jackson and Mike Ginsberg discuss techniques for presenting the direct examination of percipient and expert witnesses to maximize the persuasiveness of that testimony with the fact finder. Topics include the form of the questions, various questioning techniques, alternative organization structures, and use of exhibits and demonstratives.

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Blockchain Technology and Digital Currencies: Key Legal Issues for the Financial Industry

Program Number: 2747 Presenter: David Andrew Kern, Esq., Mark W. Rasmussen, Esq.

Business of all sizes, from start-ups to Fortune 500 companies, are quickly seeing the benefits of Blockchain technology and digital currencies and are putting them to use. This is especially true for companies in the financial sector which are deploying these technologies to help with everything from capital raising to securities trading to asset tracking. At the same time, lawmakers and regulators have their eyes on the benefits and risks associated with these emerging technologies and are adopting new laws and regulatory guidance both to facilitate their use and to protect the public. Join Mark Rasmussen and David Kern as they explain the fundamentals of Blockchain technology and digital currencies, describe how they are being utilized in the financial industry, and discuss key legal issues for all companies.

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Ethical Considerations for Lawyers Involved in Estate Planning and Asset Protection

Program Number: 2746 Presenter: Edward D. Brown, Esq., GreenspoonMarder, PA, Carl G. Stevens

Attorneys who assist clients with their asset protection and estate planning needs must be careful to comply with what is ethical to avoid facing potential ethics complaints, not to mention possible criminal liability. Join Edward D. Brown, Esq. and Carl G. Stevens, Esq. for this detailed analysis of potential ethical issues in the asset protection and estate planning contexts, including: when is asset protection planning ethical and when does it cross the line into the unethical; properly screening the client; identifying voidable transactions; when can the attorney be targeted as a co-conspirator with a client engaging in fraudulent transfers; can the attorney be liable for not advising the client as to the full range of asset protection strategies; and who is the client. Specific attention is placed on the ABA Model Rules of Professional Conduct that include Rule 1.2(d) (fraudulent conduct), Rule 1.3 (the diligent representation of the client), Rule 1.6 (the

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