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Protecting Against Ethical Exposures and Civil/Criminal Liability When Advising Clients on Protecting their Assets: What Estate Planning Attorneys Should Know

Program Number: 2541 Presenter: Edward D. Brown, Esq.

Asset protection and estate planning attorneys must identify how to avoid liability that could arise in connection with the participation in transactions that result in improved asset protection for clients. The field of asset protection is especially filled with traps for the unwary. Join Edward D. Brown for this in-depth analysis of potential ethical, civil and criminal liability issues in the asset protection and estate planning contexts. Specific areas of focus to be discussed include: (a) when is asset protection planning ethical and when does it cross the line into the unethical; (b) properly screening the client; (c) how to identify a fraudulent transfer; (d) when can the attorney be targeted as a co-conspirator with a client engaging in fraudulent transfers; (e) can the attorney be liable for not advising the client as to the full range of asset protection strategies; and (f) who is the client. Specific attention will

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Current Trends: Are Today's Laws Eroding or Enhancing Asset Protection Estate Planning Opportunities?

Program Number: 2540 Presenter: Edward D. Brown, Esq.

With the increasing popularity of asset protection/integrated estate planning, recent legislation and court decisions have focused on what planning strategies are effective in today’s legal environment. In this program, Edward D. Brown explores these current developments. Topics include: (1) states enhancing the available protection of assets; (2) case law applying “public policy” arguments to trump protection designs; (3) courts of equity ruling to grant financial remedies to creditors where legal remedies are insufficient to reach the desired result by the court; (4) broad based rulings that suggest having “asset protection” as a goal creates a “per se” fraudulent transfer; (5) rising interest by clients in choosing offshore laws for better protection of children’s future inheritances in fear that the US legal system is trending toward the erosion of “established” protection-related legal concepts; (6) the application of alter ego, nominee, sham, and other theories to justify piercing asset protection trusts; and (7) whether the perception

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Ethical Considerations in E-Discovery for Corporate Attorneys and Litigators-2015

Program Number: 2539 Presenter: Irene Savanis Fiorentinos, Esq., Joshua Fuchs, Esq.

Join Irene Fiorentinos and Josh Fuchs of Jones Day as they address how to implement ethical and competent solutions for the scope and cost challenges surrounding electronic document retention, preservation and production. The program suggests approaches for establishing reasonable steps in preservation under the anticipated amendment of Federal Rule of Civil Procedure 37(e) while incorporating proportionality principles; provides an update on competent selection and use of computer analytics technology by litigators; and further discusses ABA Model Rules of Professional Conduct 1.1, 3.2 and 3.4 and ethical opinions interpreting these rules, as well as case law relating to Federal Rules of Civil Procedure 1, 16, 26 and 37.

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E-Discovery-2015: Recent Decisions and Practical Implications for All Attorneys

Program Number: 2538 Presenter: Carmen G. McLean, Esq.

Join Carmen McLean, a partner at Jones Day, as she discusses the impacts of recent e-discovery decisions. Topics include: • what you need to know about recent e-discovery decisions • whether you should adjust your strategies related to litigation holds or predictive coding • what you can learn about producing from social media and when to request cost shifting • whether there is additional authority in support of decisions that would reduce costs

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Asset Protection Planning for Attorneys: Part III: Litigation Challenges and other Threats to Integrated Estate Planning Trusts

Program Number: 2532 Presenter: Barry S. Engel, Esq.

Time is often of the essence with respect to litigation challenges or other types of threats that may arise against an integrated estate planning trust (“IEPT”) or a related underlying entity. Join Barry Engel as he provides: (1) an introduction and comprehensive overview of the concepts of contempt of court principles; (2) an overview of trust litigation issues; and (3) an introduction to concepts involving protecting individually-held assets (referred to as “Level I” Planning) and concepts involving protecting the assets of a business or professional practice (referred to as “Level II” Planning). Our presenter also discusses how the attorney can borrow planning concepts from Level I Planning and apply them in the context of Level II Planning. Note: this program may also be taken as a stand-alone program by attorneys well-versed in the core foundations and principles of integrated estate planning (see, e.g., Part I-program 2530; Part II-program 2531).

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Asset Protection Planning for Attorneys: Part II: Design Variables Applicable to a Given Integrated Estate Plan

Program Number: 2531 Presenter: Barry S. Engel, Esq.

Once attorneys are well-versed in the core foundations and principles of integrated estate planning (see, e.g., Part I-program 2530), they can endeavor to assist their clients with a plan’s design and implementation. In this intermediate-level course that is the second of a three-part series, Barry Engel provides a discussion of the design variables applicable to a given plan. Topic areas include: (1) planning through family limited partnerships and limited liability companies; (2) trusts under state law for asset protection planning; (3) the foreign integrated estate planning trust (“IEPT”); (4) comparing state law trusts with foreign law trusts; (5) choice of law and conflicts of law issues; (6) other foreign-based planning tools; (7) expatriation; (8) protection of retirement benefits; and (9) ethical, civil and criminal considerations. Note: this program may also be taken as a stand-alone program by attorneys well-versed in the core foundations and principles of integrated estate planning.

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Understanding Data Security Litigation: A Guide for In-House Counsel

Program Number: 2525 Presenter: Joshua A. James, Esq., Jena M. Valdetero, Esq

This program provides an overview of the types of legal and regulatory claims a company may be faced with in the wake of a data breach. In-house counsel should walk away understanding the potential exposure faced by their companies and strategies for defeating such claims.

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Data Security Boot Camp: A Crash Course for In-House Counsel

Program Number: 2524 Presenter: David A. Zetoony, Esq.

With management increasingly looking to in-house counsel for guidance in complying with data security laws and in mitigating regulatory, litigation, and reputational risk following a data security breach, David Zetoony, Bryan Cave LLP, offers in-house counsel a working understanding of the data security laws in the United States.

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Data Privacy Boot Camp: A Crash Course for In-House Counsel

Program Number: 2523 Presenter: Jason D. Haislmaier, Esq.

With management increasingly looking to in-house counsel for guidance in complying with data privacy laws, Jason Haislmaier, Bryan Cave LLP, offers in-house counsel a working understanding of data privacy laws in the United States.

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Data Breach Investigations: Ethical Considerations for In-House Counsel when Publicly Reporting a Security Incident

Program Number: 2512 Presenter: Jena M. Valdetero, Esq, David A. Zetoony, Esq.

David Zetoony and Jena M. Valdetero discuss ethical issues that typically arise when an organization considers whether to report a security incident and what information about the incident should be publicly conveyed. Topics include questions of confidentiality and conflict in the context of managing public relations/communications consultants, determining whether to report an incident, and communicating with law enforcement. Specific ethical rules, cases, opinions to be discussed include: ABA Model Rules (e.g., Confidentiality of Information (1.6), Conflict of Interest (1.7), Organization as client (1.13), Duties to prospective client (1.18), Advisor (2.1), Lawyer as witness (3.7), Truthfulness in statements to others (4.1)); Upjohn; and various state bar ethics opinions.

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