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Complying with the EU General Data Protection Regulation (GDPR): Third Party Vendor Management Programs

Program Number: 2819 Presenter: Christopher M. Achatz, Esq., David A. Zetoony, Esq.

This program discusses the requirements of the EU General Data Protection Regulation (“GDPR”), which becomes effective May 2018, with specific focus on the obligations that the GDPR imposes on vendors (and their clients) through Article 28. The program explores practical ways in which companies have attempted to modify their contractual arrangements to account for those changes. A must program for in-house, corporate and compliance counsel for companies needing to comply with the new European data privacy and security regulations.

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Complying with the EU General Data Protection Regulation (GDPR): Revising Incident Response Plans and Data Breach

Program Number: 2818 Presenter: Christopher M. Achatz, Esq., David A. Zetoony, Esq.

This program discusses the requirements of the EU General Data Protection Regulation (“GDPR”), which becomes effective May 2018, with specific focus on the obligations that the GDPR imposes in Articles 33 and 34 to respond in the event of a data breach. The program explores changes to incident response plans that may be needed to document compliance. A must program for in-house, corporate and compliance counsel for companies needing to comply with the new European data privacy and security regulations.

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Complying with the EU General Data Protection Regulation (GDPR): Data Subject Requests

Program Number: 2817 Presenter: David A. Zetoony, Esq.

This program discusses the requirements of the EU General Data Protection Regulation (“GDPR”), which becomes effective May 2018, with specific focus on the rights provided to data subjects in Articles 16-20. The program explores the ways in which companies seek to comply with requests by data subjects to exercise those rights, and provides practice pointers for the creation of such policies. A must program for in-house, corporate and compliance counsel for companies needing to comply with the new European data privacy and security regulations.

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Complying with the EU General Data Protection Regulation (GDPR): Conducting Data Inventories

Program Number: 2816 Presenter: David A. Zetoony, Esq.

This program discusses the requirements of the EU General Data Protection Regulation (“GDPR”), which becomes effective May 2018, with specific focus on the requirements of Article 6, to have a permissible purpose with respect to all data processed, and Article 30, to keep records of processing activities. The program explores the ways in which companies seek to comply with these requirements and discusses in particular the use of data inventories or data maps as a compliance tool, and addresses the challenges that organizations face when attempting to conduct such inventories/maps. A must program for in-house, corporate and compliance counsel for companies needing to comply with the new European data privacy and security regulations.

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What Male Lawyers Can Do to Eliminate Gender Bias and Inappropriate Sexual Conduct in the #MeToo and #TimesUp Era

Program Number: 2815 Presenter: Alton (Al) B. Harris, Esq. (2018), Andrea S. Kramer, Esq.

Andie Kramer, partner at McDermott Will & Emery, and Alton B. Harris, partner at Nixon Peabody LLP, discuss how male lawyers can eliminate gender discrimination and increase gender diversity in the legal profession. Topics include: discussion of the lack of diversity at senior levels in the legal profession and its gender achievement gap; identification of the biases and stereotypes that cause the gender achievement gap and the culture it fosters that can lead to actual and potential sexual harassment and misconduct; a review of the ABA Mission Statement, ABA Model Rule 8.4(g), and Resolution 302 of the ABA House of Delegates (February 2018); and suggested practical, effective steps men and the legal organizations they control can take to increase diversity and avoid inappropriate sexual conduct in the #MeToo and #TimesUp era.

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Data Privacy and Security Issues in M&A Transactions for Transactional, Technology and Corporate Lawyers

Program Number: 2813 Presenter: Jason D. Haislmaier, Esq.

Data privacy and data security present unique obligations and potentially significant liabilities for both buyers and sellers involved in M&A transactions. In addition, data itself is now often a key asset in driving the value of many M&A transactions. Starting with the initial stages of a deal, and extending through negotiation and signing to post-closing integration, this program focuses on strategies for identifying and addressing these obligations and liabilities, while capturing and preserving the value of data in M&A transactions.

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What Attorneys Should Know about the Ever-Expanding Role of Open Source and Third-Party Software in Cybersecurity

Program Number: 2812 Presenter: Jason D. Haislmaier, Esq.

As open source software has grown in importance, so too have the number of cybersecurity breaches involving hackers exploiting vulnerabilities in open source software. In this program of particular interest to IP, technology, corporate, and compliance attorneys, Jason Haislmaier examines the intersection of open source software and cybersecurity. Topics include: the legal and regulatory risks involved in the use of open source software, the role open source has played in several high-profile security incidents, lessons learned regarding the unique security challenges posed by open source, and actions to take to address those challenges.

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Recent Trends in the SEC Whistleblower Program and Tips for Addressing Whistleblower Complaints

Program Number: 2811 Presenter: Elaine Drodge Koch, Esq., Jennifer Kies Mammen, Esq., Mark A. Srere, Esq.

In this program of particular interest to in-house lawyers and litigators at public companies, our presenters address the SEC’s Dodd-Frank Whistleblower Program and recent trends in whistleblower actions, and offer practical tips for compliance programs and policies to address and mitigate whistleblower complaints.

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SEC Enforcement 2018: New Directions and Challenges

Program Number: 2810 Presenter: Thomas O. Gorman, Esq.

Tom Gorman examines the new direction laid out for the SEC’s Enforcement Program by Chairman Clayton, trends emerging as the new year begins and significant challenges the Division will face. Emerging trends include the declining number of actions being brought along with a continuing drop in those cooperating with the SEC. Key issues the Division will face include forum selection and the use of ALJs, the impact of the Supreme Court’s decision in Kokesh holding disgorgement to be a penalty, the upcoming decision of the Court in Digital Realty on whistleblowers, and the impact of Martoma on insider trading.

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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.

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 issues as they arise in post-acquisition litigation; and what you can do both before the closing and afterward to address them.

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