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Structuring Options for ESOP Transactions: Advanced Techniques for ERISA Counsel and Plan Sponsors

Program Number: 2920 Presenter: David R. Johanson, Esq., Roberta Casper Watson, Esq.

An employee stock ownership plan or “ESOP” can be an extremely useful tool in terms of tax and employee benefits that it provides and in the contexts of business succession planning and corporate mergers and acquisitions. The design and structure of ESOP transactions and the administration of ESOPs in general, however, remain subject to heightened scrutiny. To help ERISA counsel, accountants, and corporate directors and officers understand the statutory and regulatory framework that governs ESOP transactions, our panel will discuss applicable laws and regulations impacting ESOP transactions, available regulatory guidance, and other critical considerations for structuring ESOP transactions. This program on advanced structuring alternatives for ESOP transactions will address the available financing alternatives for ESOP transactions, ESOP transaction structure alternatives, how management incentive plans may factor into transaction planning and procedures, clawbacks and earn-outs in ESOP transactions, and potential conflicts of interests in structuring ESOP transactions.

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Blockchain for Lawyers 101

Program Number: 2909 Presenter: Jason D. Haislmaier, Esq.

Blockchain technology has swiftly risen to become one of the hottest technology (and legal) topics of today. While the "blockchain" is often equated with crypto-currency, the true impact of blockchain technology is being felt across a far wider variety of industries. Join us for this webinar to learn about the history of blockchain technology, how blockchain technology operates, the role it is playing in shaping current and future technologies, and the legal impact of those technologies.

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How Do You Solve a Problem Like E-mail

Program Number: 2903 Presenter: Therese Craparo, Esq., Anthony J. Diana, Esq.

For years, e-mail has been both a vital communications tool and a growing liability for many organizations. While e-mail may contain critical business records and data subject to legal hold, years of lax management, exponentially increasing volumes, and changing or aging e-mail systems present significant cyber-security, data privacy, litigation and operational risks. And with the advent of technology platforms that allow for more sophisticated indexing and analysis of data, including Microsoft 365, cleaning-up historical e-mail and developing processes that leverage new technology will be transformative for e-mail risk management. This program will review strategies for managing the risks associated with e-mail, including retention, Records categorization, legal hold implementation, auto-disposal, and centralization and will review case studies on: (i) the use of record classification technology to categorize 1.5 billion e-mail messages; (ii) the centralization of multiple e-mail data sources and billions of e-mail to facilitate retention, legal hold management and automated disposal; and (

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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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Defensibly Deleting Data

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

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 of electronic documents.

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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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