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Doing Bad by Doing Good: Managing Risks Surrounding Diversity and Inclusion Initiatives at Law Firms

Program Number: 2877 Presenter: Kenneth E. Sharperson, Esq.

Corporations are selecting law firms that have active diversity and inclusion initiatives, and are working less with law firms that do not have verifiable programs enhancing the diversity of their law firms. In fact, Hewlett Packard (HP) states that they may withhold up to 10 percent of invoiced fees for failure to meet HP’s diversity standards. Specifically, HP requires firms to “field (i) at least one diverse firm relationship partner, regularly engaged with HP on billing and staffing issues; or (ii) at least one woman and one racially/ethnically diverse attorney, each performing or managing at least 10% of the billable hours worked on HP matters.” In order to obtain work from larger companies that support increased diversity, many law firms have created diversity initiatives in order to meet the diversity requirements of these major corporations. Thus, a law firm, which doing good, must be aware of the risks associated with

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Confidentiality and Context in the Workplace

Program Number: 2875 Presenter: Dove A.E. Burns, Esq., Benjamin A. Waters, Esq.

Courts have struggled for decades to define and enforce reasonableness in the context of NDAs. However, the legal debate over NDAs has only now entered public debate due to disputes amongst notable figures like Omarosa or Stormy Daniels. Further complicating is that the enforceability of these agreements is also affected by the United States Constitution, state Constitutions, and other state laws, as well as practices and Regulations of the various government agencies. The complexities are only exacerbated when you look at different employment contexts. Context and tailoring is key to the creation of enforceable and effective NDA’s.

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What Legal Organizations Can Do To Combat Gender Bias

Program Number: 2874 Presenter: Alton (Al) B. Harris, Esq. (2018), Andrea S. Kramer, Esq. (2018)

Alton B. Harris was a founding partner of the Chicago law firm Ungaretti & Harris, now part of Nixon Peabody LLP. At Ungaretti and Harris, Mr. Harris served at various times as managing partner, executive and compensation committee member, and head of the Corporate and Securities Practice Group. He is an adjunct professor of law at Northwestern University School of Law, and he sits on the board of directors of a billion-dollar technology corporation. He has served as mentor, coach, and counselor to many businesswomen and persons of color, recently wrote with Ms. Kramer, “Taking Control: Women, Gender Stereotypes, and Impression Management” and their book, Breaking Through Bias.

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Mastering Bitcoin, Blockchain and Digital Currency Law

Program Number: 2873a 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 Art of Argument: Using the Pixar Storytelling Formula to Persuade Judges and Jurors

Program Number: 2872 Presenter: Anthony (Tony) Rospert, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Most successful trial attorneys use storytelling as a way to persuade judges and jurors. Stories have the ability to engage triers of fact in a way logic and case law alone never could. In this program, trial attorney Tony Rospert will take you “to infinity and beyond” by providing an overview of the importance of storytelling for trial attorneys, a description of the Pixar story formula, and examples of using the Pixar formula in trial briefing, opening and closing arguments to help you create a more compelling narrative.

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Attorneys Negotiating with Vendors, Including Product Evaluation, Contract Negotiation, and More

Program Number: 2871 Presenter: Matt Starosciak, Esq.

Whether you’ve been in private practice for many years, or are preparing to open your own law firm, maximizing the effectiveness of your marketing purchases is critical to success. But how do you know which products to buy? Are you sure you’re getting the best price from your sales rep? How do you determine which products and services to even spend time evaluating? This 1-hour CLE program will cover the most important aspects of purchasing law firm marketing products and services, including: •Negotiating contract terms and pricing with vendors •Proven methods for evaluating marketing investment options (including the most important questions to ask) •How timing can make all the difference •Why guarantees are a problem •Identifying sales pitch techniques and using them to your advantage •The value of working with vendors that specialize in legal

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Defending the Client’s Deposition

Program Number: 2870 Presenter: Francisco (Frank) Ramos, Jr., 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 client has been served with a notice of deposition for her upcoming deposition. How does she prepare? This presentation will discuss: How to prepare the client to use case themes and theories at her deposition How to avoid making unfavorable admissions The Do’s and Don’ts of testifying at deposition The process of getting ready for deposition The “speech” attorneys should give their clients about their deposition How to conduct a mock cross examination What to do at trial

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Training Your Organization for the Future of IP in AI

Program Number: 2869 Presenter: Drew J. Schulte, Esq

This program will discuss strategies for properly drafting patent applications geared towards artificial intelligence. In particular, the podcast will discuss strategies for how to train inventors to adequately describe their inventions, and how to properly draft applications in order to maximize coverage and avoid patentability hurdles.

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The Practical Guide to the California Consumer Privacy Protection Act

Program Number: 2868 Presenter: David A. Zetoony, Esq.

The California Consumer Privacy Protection Act of 2018 (“CPPA”) is arguably the most comprehensive - and complex - data privacy regulation in the United States. The CCPA was designed to emulate the European General Data Protection Regulation (“GDPR”) in many respects. The program will address how the CCPA is like, and how it differs from, the GDPR, and practical steps that companies should take to come into compliance with the regulation. The program’s presenter, a partner at the law firm of Bryan Cave Leighton Paisner, has been ranked by Lexology as the most read author on data privacy and security in the world, and is the author of the American Bar Association’s General Data Protection Regulation: Answers to the Most Frequently Asked Questions.

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The Federal Rule of Civil Procedure

Program Number: 2866 Presenter: Judith Mogul, Esq., Edward M. Spiro, Esq.

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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