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Right of Publicity Dangers: Small Mistakes--$Millions of Costs

Program Number: 2883 Presenter: Rick Kurnit, Esq.

The movement in-house of marketing communications has left brands exposed to $millions of claims for use of their own materials. This webinar will guide you through the dangers and describe best practices. The California Appeals Court this month upheld millions of dollars awarded to a model whose photograph was used in advertising after the brand neglected to exercise its $4, 000 option to extend its right to use the model for another year. The marketing department thought the advertising agency handled such things, the National Brand, like so many today, had fired its ad agency and chosen not to replace it. With the materials you own being continually repurposed in many different ways by many different people, often without an outside agency involved, you need to know what you can do with what you own and how to handle these materials. Small projects and incidental uses of existing materials can result in

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Blockchain & Cryptocurrency Regulation: Mastering Cryptos, Blockchain, and Digital Currency Law

Program Number: 2882 Presenter: Andrew Bull, Esq.

Cryptocurrencies have expanded exponentially in the United States, creating substantial legal and regulatory issues. Navigating the regulatory is extremely complicated, and the framework changes constantly for businesses, governments, and individuals entering the industry. This comprehensive program will detail the different regulatory frameworks, what considerations are required, as well as a deeper look at the technology itself and the complications it poses to the law. This comprehensive program on blockchain law will introduce you to the most relevant issues and practical solutions, including Blockchain, public ledgers, cryptocurrencies, financial transactions, smart contracts, the Securities & Exchange Commission (SEC), Financial Crimes Enforcement Network (FinCEN), best practices, and avoidance strategies. The faculty will also cover the changes and progress on the latest legal developments and future regulations.

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Patent Damages and Valuation: What Businesses Need to Know

Program Number: 2881 Presenter: Manny J. Caixeiro, Esq., Timothy Carroll, Esq.

It is increasingly necessary for businesses to understand the value of patents, including those in their own portfolios and those being asserted against them. This program is designed to teach business decision makers the fundamental principles they need to know about patent damages and valuation. The program will cover how those principles can factor into a wide variety of business decisions, such as corporate acquisitions and mergers, IP licensing and acquisitions, legal budgeting, and navigation of litigation inflection points. Moreover, the program will discuss the importance of developing and executing a strong damages-related strategy in any patent dispute.

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Employment Compliance in the Age of Legalized Marijuana

Program Number: 2880 Presenter: Joshua Horn, Esq., Joseph A. McNelis III, Esq.

Though cannabis is illegal under federal law, at least 30 states and the District of Columbia have legalized cannabis for medical use and nine states, as well as D.C., have legalized it for recreational use—a dichotomy that presents a unique and complex challenge for employers. This presentation will provide an overview of federal and state marijuana laws, discuss specific aspects of the employment relationship affected by the legalization of marijuana in certain states, and offer practical guidance for employers on how to navigate this new and developing area of the law. Topics Covered: • Hiring, Firing, and Reasonable Accommodations • Zero Tolerance Policies • Drug Testing • Federal Contractors, Federal Grantees, and Transportation Industry

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Medical and Recreational Marijuana in the United States: What's the Story?

Program Number: 2879 Presenter: Paul S. Peters III, Esq.

With Fifty States having different positions and laws pertaining to the legal use of marijuana for medical and recreational purposes, some states and localities decriminalizing it, and the federal government still outlawing it; it is confusing to clearly understand where our country generally sits on the issue. This program will highlight the status of laws among the states, a brief history of the possible reason for marijuana being illegal in the first place, and the general rules and regulations of laws legalizing marijuana for recreational purposes and for medical purposes. In addressing medical marijuana, the program will touch upon the impact medical marijuana is having in the workplace from both the employee and employer perspective. The medical marijuana portion will focus on Pennsylvania’s Medical Marijuana Act.

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A FISA Primer- Everything You Didn’t Know, You Didn’t Know

Program Number: 2878 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. For years, electronic surveillance for foreign intelligence purposes was considered an exclusively Executive Branch authority, and every president from Franklin Roosevelt to Richard Nixon authorized its use. When serious abuses by U.S. intelligence agencies were revealed during congressional hearings held in the aftermath of Watergate, Congress reacted by passing the Foreign Intelligence Surveillance Act which, for the first time, subjected foreign intelligence electronic surveillance conducted in the United States to a statutory regimen that included approval by a newly created Foreign Intelligence Surveillance Court. Today, there is more discussion, and controversy, about FISA than at virtually any other time in its history. This program is going to discuss the evolution of the use

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Doing Bad by Doing Good: Managing Risks Surrounding Diversity and Inclusion Initiatives at Law Firms

Program Number: 2877 Presenter: Kenneth E. Sharperson, Esq.

Corporations are selecting law firms that have active diversity and inclusion initiatives, and are working less with law firms that do not have verifiable programs enhancing the diversity of their law firms. In fact, Hewlett Packard (HP) states that they may withhold up to 10 percent of invoiced fees for failure to meet HP’s diversity standards. Specifically, HP requires firms to “field (i) at least one diverse firm relationship partner, regularly engaged with HP on billing and staffing issues; or (ii) at least one woman and one racially/ethnically diverse attorney, each performing or managing at least 10% of the billable hours worked on HP matters.” In order to obtain work from larger companies that support increased diversity, many law firms have created diversity initiatives in order to meet the diversity requirements of these major corporations. Thus, a law firm, which doing good, must be aware of the risks associated with

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Confidentiality and Context in the Workplace

Program Number: 2875 Presenter: Dove A.E. Burns, Esq., Benjamin A. Waters, Esq.

Courts have struggled for decades to define and enforce reasonableness in the context of NDAs. However, the legal debate over NDAs has only now entered public debate due to disputes amongst notable figures like Omarosa or Stormy Daniels. Further complicating is that the enforceability of these agreements is also affected by the United States Constitution, state Constitutions, and other state laws, as well as practices and Regulations of the various government agencies. The complexities are only exacerbated when you look at different employment contexts. Context and tailoring is key to the creation of enforceable and effective NDA’s.

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What Legal Organizations Can Do To Combat Gender Bias

Program Number: 2874 Presenter: Alton (Al) B. Harris, Esq. (2018), Andrea S. Kramer, Esq. (2018)

Alton B. Harris was a founding partner of the Chicago law firm Ungaretti & Harris, now part of Nixon Peabody LLP. At Ungaretti and Harris, Mr. Harris served at various times as managing partner, executive and compensation committee member, and head of the Corporate and Securities Practice Group. He is an adjunct professor of law at Northwestern University School of Law, and he sits on the board of directors of a billion-dollar technology corporation. He has served as mentor, coach, and counselor to many businesswomen and persons of color, recently wrote with Ms. Kramer, “Taking Control: Women, Gender Stereotypes, and Impression Management” and their book, Breaking Through Bias.

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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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