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Recent Amendments to the Federal Rules of Civil Procedure: What Has Changed and How Courts Are Interpreting the New Rules

Program Number: 2630 Presenter: Thomas Jackson, Esq. - Of Counsel, Jones Day, Mark W. Rasmussen, Esq., Evan P. Singer, Esq.

Join our presenters for this important discussion on the amendments to the Federal Rules of Civil Procedure that took effect on December 1, 2015; the recent decisions by the Courts that have interpreted the new rules; and how the new rules are affecting litigation strategies.

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Recent Developments in Delaware M&A Litigation: Is the Disclosure Only Settlement Dead?

Program Number: 2629 Presenter: Thomas Jackson, Esq. - Of Counsel, Jones Day, Mark W. Rasmussen, Esq., Evan P. Singer, Esq.

This program, especially for corporate and securities lawyers and litigators, discusses recent trends in takeover litigation in the Delaware Chancery Court, including recent cases considering so-called "disclosure only" settlements, such as Aeroflex, Aruba Networks, and Trulia.

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An Asset Protection Planning Primer for Estate Planning, Tax and Creditors Rights Lawyers

Program Number: 2628 Presenter: Barry S. Engel, Esq.

Join asset protection planning attorney Barry Engel as he covers important topics for estate planning, tax and creditors’-rights lawyers, including the following: (i) an introduction to incorporating asset protection into traditional estate planning; (ii) asset protection as a supplement to traditional forms of liability and malpractice insurance; (iii) “Level 1” Planning for individuals vs. “Level 2” Planning for operating companies and professional practices; (iv) using multiple trusts and underlying entities; (v) what happens when the planning structure is challenged; (vi) contempt of court principles; (vii) current federal tax considerations (viii) a comparison of domestic and foreign asset protection trust statutory law; (ix) Choice of Law and Conflict of Laws issues; and (x) a case study incorporating the relevant concepts.

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Supreme Court Review: IP Cases from the October 2015 through June 2016 Term

Program Number: 2627IP Presenter: Anthony F. Lo Cicero, Esq.

During the 2015-2016 term, the Supreme Court is expected to issue decisions in Stryker Corp. v. Zimmer, Inc. and Halo Elec. V. Pulse Elec., relating to the award of enhanced damages in patent cases; Samsung Elec. V, Apple, Inc., regarding the design patent scope and monetary recovery; and Cuzzo Speed Tech. v. Lee, dealing with the scope of claim construction in PTAB proceedings and the reviewability of institution decisions. Join Anthony Lo Cicero of Amster, Rothstein & Ebenstein LLP for a discussion of these important cases and their likely ramifications.

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Ethics: Conflicts of Interest Principles Applied To IP Law

Program Number: 2626 Presenter: Anthony F. Lo Cicero, Esq.

Few subjects are as important to IP practitioners as the ethical considerations involved in the representation of clients when potential conflicts of interest arise. Anthony Lo Cicero of Amster, Rothstein & Ebenstein discusses the Rules of Professional Conduct (and the corresponding ABA Model Rules) that apply to conflicts of interest involving current clients (Rule 1.7) and former clients (Rule 1.9); the identification of the client (Rule 1.11); the formation and termination of the client relationship (Rule 1.16); and other subjects. Also covered: the decision in Maling v. Finnegan, Henderson, SJC 11800 (Mass. 2015), which rejected an attempt to create a conflict of interest situation where a firm prosecutes patents of similar subject matter for different clients.

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What Men and Legal Organizations Can Do to End Discriminatory Biases against Women Attorneys

Program Number: 2625 Presenter: Alton (Al) B. Harris, Esq.

Join Alton B. Harris, partner in Nixon Peabody LLP, for this important program about combatting gender discrimination and increasing gender diversity in the legal profession. Mr. Harris first identifies the subtle and generally unconscious gender stereotypes that are pervasive throughout the legal profession and the biases they foster against women lawyers. He then presents a series of practical, effective steps men and the legal organizations they manage can take to combat these biases and remove the obstacles they create for women to advance in their legal careers on a basis comparable to men. Note: Mr. Harris and Ms. Kramer are co-authors of the book, Breaking Through Bias: Communication Techniques for Women to Succeed at Work, available at:

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Retaining and Using Consulting and Testifying Experts: Ethical Considerations for Attorneys

Program Number: 2624 Presenter: William F. Dolan, Esq., Irene Savanis Fiorentinos, Esq.

Experts are used in most cases that go to trial. The retention of a consulting or testifying expert and the presentation of expert testimony at trial, however, present a host of ethical issues that many lawyers fail to consider. Join Irene Fiorentinos and Bill Dolan as they analyze the relevant rules of professionalism and conflicts and discuss the real world ethical issues and dilemmas that an attorney faces when navigating the selection and retention of experts and the presentation of expert testimony. Ethics authorities covered include, for example: the lawyer's threshold ethical duties of competence under Model Rule of Professional Conduct 1.1 and what it means when retaining an expert; the standards of care associated with expert selection; the identification and avoidance of conflicts when hiring experts; the interplay between rules governing attorney conflicts (e.g., Model Rules 1.7 to 1.9) and the distinct challenges posed with experts; and cases from around the

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The California Challenge for Corporate Counsel: Managing Leaves of Absences, Accommodations and the Interactive Process

Program Number: 2623 Presenter: Ann Kotlarski, Esq., Payne & Fears LLP

California is unique in providing numerous protected leaves of absence to employees that far exceed the federal leave laws, and it is easy for an employer to run afoul of the many, varied state and federal legal requirements concerning leaves of absence, accommodations, and the interactive process. In addition to the FMLA and ADA, California has its own requirements for accommodations under the Fair Employment Housing Act and for taking medical leave under the California Family Rights Act and the Pregnancy Disability Leave Act. There are also a myriad of non-medical leaves of absence for employers to manage, such as Domestic Abuse Leave, School Activities Leave, Volunteer Firefighter’s Training Leave and Victims of Crime Leave. And this year California has introduced the Paid Sick Leave law. The cumulative impact of understanding and proactively managing all of the protected leaves while running a productive business is a challenge. So many

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Breaking Through Bias 2016: Gender Stereotypes in the Legal Profession

Program Number: 2622 Presenter: Alton (Al) B. Harris, Esq., Andrea S. Kramer, Esq.

Join Andrea S. Kramer, partner in McDermott Will & Emery LLP, and Alton B. Harris, partner in Nixon Peabody LLP, for this important program based on their Breaking Through Bias: Communication Techniques for Women to Succeed at Work (Bibliomotion 2016), available at:

Drone Law Update: from New Registration Rules to Recent Regulatory Developments

Program Number: 2621 Presenter: Shalem A. Massey, Esq.

New FAA registration rules governing drones became effective on December 21, 2015. Join us for this program covering the details and practical application of the new drone registration rules. Topics include: • what is and what is not a drone under the regulations; • overview of the FAA’s classification and terminology and where hobby use ends and commercial use begins; and • practical advice for attorneys counseling drone owners, including discussion of compliance and best practices with an emphasis on understanding the legal requirements from both the state and federal perspectives.

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