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Ethics of Witness Preparation: Best Practices for All Attorneys

Program Number: 2641 Presenter: Steven C. Bennett, Esq., Park Jensen Bennett LLP

In this important discussion for all attorneys who may be involved in witness preparation, Steve Bennett, Park Jensen Bennett LLP, discusses the ethical issues to consider, including: • Protection of privilege • Coaching versus preparation • Correction of testimony • Payment for testimony • Corporate witnesses Ethics authorities covered include ABA Model Rule 1.1 (competence); Model Rule 1.2(d) (counseling clients not to commit crime or fraud): Model Rule 3.3 (offering evidence known to be false); Model Rule 8.4 (conduct involving dishonesty); and Fed. R. Civ. P. 30(b)(6) (deposition of corporation by representative).

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Substance Abuse, Mental Health and Competence Issues in the Legal Profession

Program Number: 2639 Presenter: Joan Bibelhausen, JD

Impairment in attorneys affects case outcomes, client relations, careers, families and lives. A recently published study details the incidence of problematic substance use, depression and other issues in American attorneys, and the numbers are striking. http://journals.lww.com/journaladdictionmedicine/Fulltext/2016/02000/The_Prevalence_of_Substance_Use_and_Other_Mental.8.aspx. This program provides information on these findings and helps you understand the predictors, warning signs and symptoms of these issues in yourself or others. Learn what role stress plays and the ethical concerns that can arise. Our presenter offers a protocol for encouraging someone to get help, describes the help that is available, through Lawyer Assistance Programs and others, discusses appropriate support in recovery and addresses ethical concerns for lawyers and their organizations.

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Domestic Partner and Same-Sex Spousal Benefits after Obergefell and Windsor

Program Number: 2638 Presenter: Jeffrey Arnold, Esq., Brian J. Tiemann, Esq.

Brian Tiemann and Jeffrey Arnold, McDermott Will & Emery LLP, discuss the current legal and regulatory issues that employers are facing with respect to same-sex spouses and domestic partners in both qualified retirement plans and health and welfare plans. Topics also include a discussion of recent cases dealing with the retroactive application of same-sex spousal benefit rules.

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Select Federal and State Income, Gift and Estate Tax Issues and Filing Requirements for Domestic and Foreign Trusts for Estate Planning and Asset Protection Attorneys

Program Number: 2637 Presenter: Edward D. Brown, Esq.

Tax and estate planning attorneys should be well versed with regard to tax compliance rules related to planning and advising on asset protection structures. Join Edward D. Brown as he covers tax-related issues specific to domestic and foreign asset protection planning arrangements, including: (a) the factors that distinguish domestic trusts from foreign trusts for federal income tax purposes and the important implications this distinction has for tax reporting (and penalty) purposes; (b) an analysis of applicable pertinent income, gift, and estate tax issues; (c) grantor trust considerations; (d) tax returns for underlying limited partnerships and limited liability companies; (e) tax forms and reporting requirements for foreign bank and financial accounts; (f) tax considerations arising from the Foreign Account Tax Compliance Act (“FATCA”); and (g) other miscellaneous tax forms, including agricultural property considerations, as well as special tax treatment of annuities, and other tax-sensitive assets.

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Current Issues with Whistleblower-Retaliation Claims: A Guide for In-House Employment and Corporate Attorneys

Program Number: 2636 Presenter: Joshua A. James, Esq., Daniel I. Prywes, Esq., Bryan Cave

Dan Prywes and Josh James address ways in which employers can avoid whistleblower-retaliation claims and best manage such claims when they do arise, consistent with whistleblowers’ rights. Topics include: useful contract provisions and compliance measures, the use of arbitration clauses, managing whistleblowing employees in the workplace after a complaint, the recovery of privileged or confidential documents, the discipline or termination of whistleblowers for misconduct or poor performance, and the settlement of whistleblower-retaliation claims.

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Patent Exhaustion after the Federal Circuit’s Decision in Lexmark International, Inc., v. Impression Products, Inc.

Program Number: 2635IP Presenter: Casey Campbell, Esq., Amol Parikh, Esq.

Amol Parikh and Casey Campbell, McDermott Will & Emery, discuss the impact of the Federal Circuit’s decision in Lexmark International, Inc., v. Impression Products, Inc. on the issue of patent exhaustion. Topics include the history of the patent exhaustion doctrine, the changes in the law pronounced by the Federal Circuit, and considerations of potential licensing strategies in view of the case.

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Taking and Defending the Corporate Deposition under Rule 30(b)(6)

Program Number: 2634 Presenter: Michael H. Ginsberg, Esq., Thomas Jackson, Esq. - Of Counsel, Jones Day

Depositions of corporate representatives present unique issues for both the taking and the defending attorney. Join Jones Day partners Tom Jackson and Mike Ginsberg as they focus on those unique issues, with particular emphasis on Federal Rule of Civil Procedure 30(b)(6). Topics include preparing and responding to the notice of deposition, selecting and preparing the witness, the conduct of the deposition, and post deposition procedures to address issues that arise during the course of the deposition.

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Asset Protection and Estate Planning: Important Considerations when Funding and Administering a Protective Structure

Program Number: 2633 Presenter: John R. Garland, Esq.

While well-crafted documents are essential to ensure that the structure’s assets will be protected properly, asset protection and estate planning attorneys should know that it is also imperative to adhere to certain funding and administration practices. Join John Garland as he discusses: (1) respecting the separate character of the trust and partnership; (2) choosing the assets to be transferred and taking into account “ripple effects”; (3) whether the asset should be transferred to the trust or to the partnership; (4) segregating “hot” assets from “cold” assets; (5) the persons in control of administering the trust and partnership; (6) real property issues; (7) distributing assets out of the structure; (8) appropriate documentation; and (9) making sure the structure is not a “back pocketbook.”

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A Review of EEOC's Fiscal Year ending September 2016 and a Look at What to Expect Next Year

Program Number: 2632 Presenter: Eric S. Dreiband, Esq.

Former U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Eric Dreiband, currently a partner at Jones Day, reviews the EEOC's fiscal year ending September 30, 2016, including significant regulatory and policy documents issued by EEOC; its significant wins and losses in the courts, and Supreme Court decisions that considered its position; Congressional oversight of the EEOC; and other significant developments. Mr. Dreiband also discusses: • EEOC’s potential actions, plans and strategies for the coming year • EEOC's lawsuit that alleges that a hair policy amounted to race discrimination • The Supreme Court's decision about standards that govern attorney's fee awards against the EEOC • The Supreme Court's upcoming term • Significant pending and recently-decided cases • The EEOC's efforts to regulate wellness plans • The EEOC's proposed changes to the EEO-1 form and corresponding proposed requirement that employers report information about employee pay • The status of EEOC's enforcement efforts concerning the use by employers of criminal and

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Supreme Court Round-Up: Analysis of the Supreme Court's 2015-2016 Labor and Employment Decisions and a Preview of the Upcoming Term

Program Number: 2631 Presenter: Eric S. Dreiband, Esq.

Former U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Eric Dreiband, currently a partner at Jones Day, reviews the Supreme Court's labor and employment law decisions from the 2015-2016 term, including the Court's decisions about how the First Amendment applies to mandatory union dues; when a court may award attorney's fees to a prevailing defendant in a civil rights employment case; when the filing period for constructive discharge claims begins to run; class action standards for wage and hour and other employment class and collective actions; exemptions to the Fair Labor Standards Act; standards that govern whether an offer of judgment to a plaintiff in a class action may moot such a case; and religious liberty and employee health insurance.

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