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Cyber Liability 101: The Threats of Cyber / Data / Network Liability

Program Number: 2864 Presenter: Ralph A. Pasquariello, CLCS

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** The exposure to Cyber threats for companies has escalated over the past 10 years. What was once a random act, simple hacking has grown into a wave of unstoppable organized crime. Firewalls are no longer a defense for the pinpoint accuracy of Spear Phishing. The criminals of the past that stole simple information and data have been replaced by massive attacks resulting in severe business interruption, ransom demands, and information/data destruction. Cyber security is a must, but more import is a Cyber Liability Insurance Policy which will cover your costs in the event of a Cyber Attack. There are many facets of Cyber-crime with its endpoint targets constantly changing, thus: the need for carefully designed coverages which can blend Cyber/Crime/Technology coverages to defend today’s electronic

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The High Court and Securities Law: A Look Back at the 2018 Term and the Coming Term

Program Number: 2863 Presenter: Thomas O. Gorman, Esq.

Digital Realty Trust. Cyan and Lucia defined key securities law issues regarding whistleblowers, class actions and perhaps the future of government administrative enforcement actions. While the Supreme Court has only agreed to hear one securities case to date in the coming term, it has the potential to be a blockbuster: Lorenzo will consider the long simmering question about what constitutes scheme liability and whether the SEC can use the theory to evade Janus on false statements and perhaps wipe out the distinction between primary and secondary liability. If Judge Kaveanaugh from the D.C. Circuit is confirmed the case may be more interesting – he wrote the dissent in Lorenzo in the D.C. circuit which is highly critical of the SEC’s position.

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Answers to the GDPR’s Most Frequently Asked Questions

Program Number: 2862 Presenter: David A. Zetoony, Esq.

The European General Data Protection Regulations (“GDPR”) is a complex, comprehensive, regulatory framework that purports to apply to companies in Europe and the United States. While the GDPR is many things – intuitive, it is not. The presenter collected over 150 of the most common (and perplexing) questions concerning the GDPR from companies across the United States. This program will focus on the most popular of those questions and explore the answers under the European regulation.

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Detecting Bias: Model Rule of Professional Responsibility 8.4(g) Viewed Through the Lens of Sherlock Holmes Movies and Television

Program Number: 2861 Presenter: Craig S. Friedman, Esq., Gregory R. Hanthorn, Esq., Joanna Heiberg Sutton, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Hidden bias is difficult to root out. We are all incapable of completely impartially examining our reasons for acting; that’s why hidden bias is “hidden.” This CLE program seeks to explore differences between “bias” and “deduction and inference” through the innovative technique of following alongside one of fiction’s great ratiocinators – Sherlock Holmes. Using video clips from decades of Sherlock Holmes movies and television episodes our Moderator and Panelists will take you on a guided tour through ways in which Holmes, Watson, London and rural police inspectors and constables have either fallen prey to bias or avoided bias by thinking clearly. The end result? The program presents a series of positive and negative examples of interacting with the ABA’s amended Model Rule addressing bias and beyond.

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How Choosing People in Every Day Life Helps Choosing Jurors during Jury Selection

Program Number: 2860a Presenter: Alan Tuerkheimer, Esq.

We choose people every day. A partner, a babysitter, an employee, a date. Many of the skills we have as “non-lawyer people” when interacting with people and making decisions are also helpful when selecting a jury. Many times lawyers forget that picking a jury involves many of the same communication and decision-making skills used in everyday life. This seminar helps lawyers the next time they have to choose people in life and during jury selection.

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Money Laundering via Cryptocurrencies: Regulatory, Enforcement and Intel Perspectives

Program Number: 2859 Presenter: Ross S. Delston, Lourdes C. Miranda

This program focuses on compliance and regulatory challenges as well as understanding the use of cryptocurrencies to launder money or finance terrorism. Like any store of value—including fiat currency, precious metals and precious stones—cryptocurrencies can facilitate a broad range of illicit activities, including the sale of illicit goods and services, fraud schemes, and terrorism. Come hear our three experts discuss the challenges regulators, law enforcement and the intelligence community have in collecting, analyzing, and investigating cryptocurrency transactions and mitigating threats.

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Legal Cannabis and Taxes

Program Number: 2858 Presenter: Jennifer Benda, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** This webinar will give background on tax issues faced by legal cannabis businesses. We will review the background of Section 280E, IRS guidance, IRS audits of cannabis businesses, and litigation involving how Section 280E applies to legal cannabis businesses. We will explore issues that have been resolved in the courts and issues that make determining tax liabilities of cannabis businesses and their owners a difficult task with a lot of uncertainty.

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From Murder To Museums: Abraham Lincoln, Adolf Hitler and The Hunt For Nazi Looted Art In America-Current Legal Controversies Over Nazi Art Looting

Program Number: 2857 Presenter: Raymond Dowd, Esq.

Museums today acknowledge that significant amounts of Nazi-looted art may have found its way into collections supported by U.S. taxpayers. The United States and its Allies fought World War II, promising, in victory, to undo the horrors of Nazism. At Nuremberg, Nazis were tried based on international law, which, in turn was based on the Lieber Code, Abraham Lincoln’s Executive Order 100 of April 23, 1863 which forbid taking the cultural property of the enemy. In 1998, in the wake of District Attorney Robert Morgenthau’s spectacular seizure of two paintings by the artist Egon Schiele at New York’s Museum of Modern Art, forty-four nations gathered in Washington D.C. at the Washington Conference on Nazi Confiscated Artwork to agree that in cases of artworks, the true owners should be determined, regardless of statutes of limitations and that, where possible, artworks should be returned to their true owners. As recently as

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Defensibly Deleting Data

Program Number: 2856 Presenter: Anthony J. Diana, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** With the rising risks associated with retaining large volumes of data, such as the regulatory focus on cyber-security and data privacy, organizations (with the urging of board members and investors) have made a priority of disposing of data and documents that are not needed for business or required to meet regulatory and legal obligations. Unfortunately, most organizations have neglected the management of documents and data for many years, and developing a program to routinely dispose of documents and data requires a balancing of risks and costs by a multi-disciplinary team (Legal, Compliance, Records, IT and the business). This program will provide some key lessons learned by a team who has assisted organizations defensibly decommission thousands of legacy systems, defensibly dispose of millions of boxes, and defensibly delete billions

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Cross-Border Discovery After the GDPR

Program Number: 2855 Presenter: David R. Cohen, Partner

The new European General Data Protection Regulation imposes strict restrictions on the processing, transfer and retention of documents containing information about European data subjects. Violations of the GDPR, even if only to comply with U.S. discovery obligations, can be met with fines of up to 20 Million Euro, or 4% of a company's world-wide gross revenue. So what should companies do when faced with discovery obligations relating to data located in Europe or concerning European data subjects? Is there any middle ground to comply with both U.S. and European law? This program will cover key parts of the GDPR and options for compliance.

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