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Programs in Technology Law



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FISA: More of Everything You Didn’t Know

Program Number: 2946 Presenter: George W. Croner, Esq.

Electronic surveillance represents the most important foreign intelligence collection tool available to the U.S. government. Correspondingly, the ability to surveil constitutes one of those activities most susceptible to abuse by a government against its citizens. In the U.S., the government’s use of electronic surveillance is highly regulated and can be conducted for only two purposes: law enforcement, which is undertaken by both federal and state governments; and foreign intelligence collection, which is an exclusively federal government function conducted pursuant to a single authority - the Foreign Intelligence Surveillance Act or “FISA”. FISA governs not only electronic surveillance but the use of physical searches, pen registers, trap and trace devices, and business records collection to acquire foreign intelligence. It permits surveillance and other intrusive activities in the United States both with, and in limited circumstances, without a warrant. It covers virtually every major intelligence collection effort used by

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Inspector General Whistleblower Investigations – How They Work & How to Manage if Under Investigation

Program Number: 2945 Presenter: Margaret Cassidy, Esq.

Federal Government inspector general offices are required to investigate whistleblower complaints against contractors in certain circumstances. If your company does business with the federal government, it is important to know: How inspector general offices work, When IG’s must investigate whistleblower complaints, How the “new” DoD alternative dispute resolution process for whistleblower complaints work, and What your company can do to mitigate the risk of an inspector general investigation as well as how to manage if your company is under investigation. This CLE will discuss applicable laws, regulations and best practices on making it through an IG investigation.

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California’s New Privacy Law and Internet of Things Cybersecurity Laws

Program Number: 2944 Presenter: Michael Bahar, Esq., Ali Jessani, Frank Nolan, Esq.

On the heels of the EU’s implementation of the General Data Protection Regulation (GDPR), California has passed legislation that tracks the GDPR in important ways, and signals that more states (and, possibly, the US federal government) will dramatically tighten laws governing privacy. In addition to the California Consumer Privacy Act, California also recently passed a cybersecurity law governing Internet of Things (IoT) devices, both of which are scheduled to go into effect in 2020. In this webcast, three Eversheds Sutherland attorneys will address the general trends in rules and regulations governing information security and privacy, analyze the impacts of the CCPA and IoT legislation, and offer guidance on navigating this rapidly developing landscape.

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“I’m the controller!” “No, I am!”: Joint Controllers under the GDPR

Program Number: 2943 Presenter: Sean Christy, Esq., Tyler Thompson, Esq.

The relationship between controllers and processors under the EU’s GDPR is well understood, but what if neither party is a processor? Is the relationship a data pool, a professional engagement, or a shared marketing program or service? In these and many other scenarios it is possible that the relationship is instead that of joint controllers. This program will take an in-depth look on how to determine when a relationship is between a controller and a processor, separate controllers, or joint controllers and the ramifications of each construct. Additionally, learn how to structure a contractual relationship between joint controllers and receive template documents designed to make the relationship clear and compliant. Finally, hear practical guidance from BCLP attorneys who have structured large joint controller relationships, including those processing large amounts of sensitive data.

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Ethics and Cybersecurity: A Lawyer’s Professional Obligations Under the ABA Model Rules

Program Number: 2940 Presenter: David A. Zetoony, Esq.

In addition to complying with data security statutes and regulations, lawyers must comply with ethical obligations under the rules of professional conduct to protect their clients’ privacy and security. In this program, David Zetoony covers the attorney’s ethical considerations including requirements under ABA Model Rule 1.1, Model Rule 1.6(c), new ABA Formal Opinion 483 on data breach notification, Formal Opinion 477R on communicating with clients through email.

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Law Firms at a Crossroads: The New Paths to Safeguarding Data as Attacks Ramp Up

Program Number: 2937 Presenter: Brian Lapidus, Keith Wojcieszek

How do you protect your firm? The vast majority of cyber-related vulnerabilities can be traced to staff and third parties who accidentally or deliberately don’t follow security protocols or are tricked into downloading malicious code. Led by Keith Wojcieszek, former head of the USSS Cyber Intelligence Section, Criminal Investigation Division, and Brian Lapidus, global leader of Kroll’s Identity Theft and Breach Notification practice, this session will provide an overview of the latest cyber threats, insights into risks posed by the dark web, the opportunities presented by incorporating cyber intelligence into engagements, and practical steps to minimize its risks do data security, privacy, and overall firm reputation.

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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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Intellectual Property and Beyond: Expansion of Intellectual Property Rights in the Fashion Industry

Program Number: 2913 Presenter: Olivera Medenica, Esq.

This program will examine traditional intellectual property or design rights in the United States, and will examine the latest cases dealing with brand owners seeking to apply traditional IP rights to non-traditional elements of a design. The panel will examine whether recent cases indicate a willingness for courts to expand upon such rights vis-à-vis the fashion industry.

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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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The New Normal: 8 Steps to Seeing if Your Company Defends Customer Data

Program Number: 2904 Presenter: Elizabeth G. Litten, Esq.

According to a recent IBM survey, nearly two-thirds of consumers are more concerned about a breach of their private data than they are about going to war. Companies of all types and sizes collect and maintain customer data, and the customer assumes and expects that the company will protect their data and will not use, store, or share it in a way that puts them at risk. Today, a company should put as much effort into defending and protecting its customer data as it puts into defending and protecting its proprietary data and trade secrets, since breach, loss, or misuse will, at the very least, erode customer trust and the company’s reputation. Please join Fox Rothschild Partner and HIPAA Privacy and Security Officer Elizabeth Litten as she discusses eight steps your company can take to see if it is defending its customer data.

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