Managing Employees in an Increasingly Mobile World (December 15, 2016) .Presented by Bill Flanagan, Barbara Roth and George Ingham of Hogan Lovells US and an in-house panelist. Employers with multi-jurisdictional operations face increasing challenges in managing their mobile workforce. Whether hiring or engaging their workers, obtaining work visas, implementing best practices for day-to-day operations, discharging employees, dealing with unions and works councils, the global employer faces wide differences in legal requirements and cultural norms and expectations. This program will provide in-house counsel with practical advice for managing these differences and explore strategies for effectively managing risk associated with hiring or assigning people to meet business needs outside the United States.
Contract Management for Small Law Departments (December 14, 2016) Presented by Patrick Samsel, Corporate Counsel, Fors Marsh Group; Stephanie Gilliard, Legal Director, Invidior; and Rhonda Lees, Legal and Nonprofit Executive. Contracts are the bricks in the wall of your business. Lawyers are trained in crafting contracts, while the business side takes a more commoditized approach. And hopefully, at least one side reads the thing. This discussion will focus on best practices to strike a balance between craft and commodity, reduce friction and turnaround times, and produce intelligence from your contracts portfolios. We will discuss procuring software solutions, but not particular products.
Defending Commerciality and Price Reasonableness in Government Contracts (December 13, 2016) Presented by Tracye Winfrey Howard and Nicole Owren-Wiest of Wiley Rein LLP and Suzette Derrevere, Senior Counsel, The Boeing Company. This program will review recent statutory and regulatory changes affecting commercial item contracting and will provide practical tips for contractors to manage increased government scrutiny and challenges to commercial item determinations. Specifically, we will discuss statutory changes to commercial item procurement procedures within the Department of Defense and the 2015 and 2016 proposed rules that sought to revise the DFARS to implement those statutory changes. We will examine recent trends in commercial item contracting on commercial item determinations and price reasonableness analyses. The panel will also address best practices for industry to support assertions of commerciality and the reasonableness of proposed prices.
Tools for Negotiating Joint Ventures In a Time of Technological Transformation (December 8, 2016) Presented by Jonathan Beckham of Greenberg Traurig LLP and an in-house panelist. Joint ventures can be an effective vehicle for the pursuit of new or expanded business opportunities and for the sharing of some of the benefits, costs and risks associated with such opportunities. Businesses often rely on a venture partner for specialized expertise, typically committing substantially fewer resources and undertaking a briefer period to execute on a business plan than it would by other means. Joint ventures are commonly employed in many industries, from automotive to financial services to government contracting, and constitute a potentially useful structure for adapting to major technological changes, including recent changes relating to the Internet of Things, social media, financial services technology and other technological innovation. This session provides various tools to help evaluate several joint venture forms and key advantages and drawbacks of those structures.
Effective Use of Protective Orders, Protocols and The Federal Rules of Civil Procedure To Gain the Edge in Litigation (December 7, 2016) Presented by Patrick Oot of Shook Hardy & Bacon LLP; Pete Patterson, Managing Counsel - Legal and Regulatory Affairs, Toyota; Eric Lieber, Director of Legal Operations & Litigation Support, Toyota; and Julie Richer, Legal Operations & Discovery Manager, American Electric Power. Moderated by Mike Zito of Shook Hardy & Bacon LLP. While counsel has seen a tremendous amount of news that the Federal Rules of Civil Procedure have changed - very little guidance has been provided to in-house counsel and large data holders on how to leverage the 2015 Amendments to prevent discovery side-shows that waste time and drive costs. This program will discuss how to use the new rules to your company's advantage in litigation, including effectively using written document discovery; deploying electronically stored information effectively and in compliance with the new rules; cutting short unduly burdensome and disproportionate requests; and re-scoping preservation requirements with concepts of proportionality.
Managing Risk in Prime-Subcontract Disputes Involving Pass-Through Claims (November 17, 2016) Presented by Edmund Pmorosi and Jonathan Shaffer of Smith Pachter McWhorter PLC and an in-house panelist. This program will address lessons learned and key risk areas in prime-subcontractor disputes involving pass-through claims. The program will include leading cases, specific pass-through claim issues, and provide sample provisions and agreements.
The Yates Memo One Year Later-How Have Corporate Investigations Changed? (November 2, 2016) Presented by George Terwilliger of McGuireWoods LLP and Sam Ramer, General Counsel and VP Government Relations, Symplicity Corporation. One year ago, the Yates Memo announced the Justice Department's increased focus on prosecuting the individuals behind corporate crime and malfeasance. How has this effected the navigation of a corporate investigation? In this program, we will discuss the lessons learned in dealing with the government since the doctrine went into effect. The program will also discuss self-disclosure of corporate crime, and best practices for compliance programs going forward. We will also discuss issues in dealing with senior management in a world where individual culpability may be a significant complication.
Building an Ethics & Compliance Program for Nonprofits (November 1, 2016) Presented by Jim Joseph of Arnold & Porter LLP and Lauren Camilli, Vice President & Chief Ethics and Compliance Officer, International Relief & Development. This panel will discuss how to build a robust ethics and compliance program, specifically focused on the needs of non-profit organizations. Whether you are in the process of building a new ethics and compliance program or looking for cost effective ways to increase the maturity of your current program, this presentation will offer practical advice to help take your program to the next level. The panel will cover various elements of an effective program, including Codes of Conduct, policies & procedures, training, whistleblower hotlines, internal investigations and how to measure effectiveness. We will also focus our presentation on high priority regulatory concerns in the non-profit space to ensure that your ethics and compliance program fits the specific needs of your organization.
Practical Guidance on Developing BYOD Strategies and Policies (October 25, 2016) Presented by Elizabeth Lewis of Cooley, LLP and an in-house panelist. "BYOD" (bring your own device) is increasingly common at work. While it is popular with employees and reduces employer expense, it raises significant security, loss or spoliation of data, compliance and intellectual property concerns. As BYOD continues its proliferation in the workplace and technology changes from week-to-week, in-house counsel must continue to stay abreast of the increasing risks and best practices associated with BYOD. This program will explore those concerns and the proactive strategies you can implement to address them including policy development, firewalls, security software, monitoring employees, documentation of work, e-discovery and litigation holds.
What Was A Unanimous Supreme Court Thinking? And What Should Federal Contractors Be Doing Now? (October 13, 2016) Presented by Bill Walsh and Becky Pearson of Venable LLP and Jim Winner, General Counsel, GardaWorld Federal Services. Moderated by Scott Hommer, Government Contracts Practice Group Co-Chair, Venable LLP. When recently issuing a pair of what many consider to be unsurprising 8-0 holdings, the Supreme Court made a number of surprising statements that Federal contractors will be sorting out over the months and years to come. In Escobar, the court validated the so-called implied certification theory for False Claims Act violations, which can now be used by relators as well as the government, but left in its wake questions about what Federal contractors should be doing to better prevent and shield themselves from successful FCA lawsuits. And in the wake of Kingdomware, agencies are struggling with the decision's potential reach, and Federal contractors are focusing on the potential fallout from the Supreme Court's blurring of the line between "orders" and "contracts." This panel will help you understand what Federal Contractors should be doing now in light of these decisions.
Litigation vs. ADR -- Practical Issues From Drafting to Enforcement (October 6, 2016) Presented by George Calhoun of Ifrah Law and in-house panelists. Litigation or ADR? Which is cheaper, faster, or most effective in a particular situation? This program will help you navigate the practical, legal, and strategic issues related to the use of ADR and litigation. Because many of a company's options are foreclosed by the time a dispute arises, the program will cover strategic issues and contract clauses to consider when drafting contracts. Materials will include a drafting check list and practice bullet points. The program also will cover the practical advantages and disadvantages of various ADR schemes in comparison to litigation, including venue, cost, and enforcement issues
Corporate Law Forum: Lessons Learned From Recent Big M&A Deals (October 5, 2016) Presented by Andrew Ray, head of the DC Corporate Business Transactions Group at Morgan, Lewis & Bockius, and the legal architect of the $2 billion sale of Oculus VR to Facebook along with in-house panelists. In an era where M&A deals are becoming commonplace, it is important for in-house counsel to be conversant with the strategies, economic forces, business practices and legal points that are driving and will continue to drive the big M&A deals. No matter what your industry or practice specialty, this program is designed to give you a C-suite level business perspective and salient legal take-aways about the deals, market forces, and critical legal points that influence the larger legal and profit/non-profit organizational landscape.
Federal Grants and Nonprofits (September 29, 2016) Presented by Greg Jacobs of Polsinelli PC and an in-house panelist. Federal grants can be a great source of revenue for exempt organizations but if your organization wades into this area, it is important to understand the complexities. This session will discuss the key legal and compliance issues and provide practical advice for exempt organizations considering or performing federal grants, including: how organizations should evaluate the revenue benefits vs. the risks before getting started; how do organizations get started; necessary compliance and other systems; cost accounting issues specific to nonprofits performing federal grants; HR requirements for grantees; the rules for sub-grants and sub-contracts (and how to tell them apart); and government audits.
Best Practices in Post-Award Price Adjustments (September 27, 2016) Presented by Daniel Chudd of Morrison & Foerster LLP, Jim Thomas and Suzanne Roske , Partners in the Government Contracts Practice, PricewaterhouseCoopers LLP; and an in-house panelist. Even after a government contract is awarded and signed, counsel's work may be just beginning. Not only does the government contractor now have to execute on the contract, but events well outside the contractor's control may require both anticipated and unanticipated adjustments to the initially agreed-to price. When these issues arise, it is imperative that contractors recognize the need for the adjustment, and that they negotiate, and account for it properly. This panel will provide practical advice that contractors can use in dealing with post-award price adjustments, including identifying the types or price adjustments that may occur and the authority for such adjustments, quantifying and negotiating any adjustments, ensuring that proposed price adjustments comply with applicable laws and regulations, and responding to government audits of proposed price adjustments.
Accessing Key Documents and Responding In A Flash (September 22, 2016) Presented by Michael Hawthorne of Thompson Coburn LLP and an in-house panelist. If your boss walked into your office right now and asked for copies of key agreements spanning the last 10 years "right now," how long would it take for you to track it down? Could you answer questions about each document quickly? Do you remember that the agreements even exist? Establishing virtual data rooms enables you to respond to such time-sensitive inquiries in a fraction of the time by providing quick and easy access to your key documents. Other benefits are increased security and systemic consistency as well as effective compliance and risk management tools. This program will discuss how to develop electronic data rooms, what documents should be included, who should have access, and how to successfully set up and maintain them. This becomes especially important in the event of mergers and acquisitions, financings, and audits. Attendees will leave with a solid foundation for establishing a new system or improving an existing system, along with practical examples of practices to both adopt and avoid. This program will help you look good!
Enforcing Your Rights Against the Internet’s Squatters, Haters, and Infringers (September 15, 2016) Presented by Will Dickinson of Williams Mullen and Troy Cahill, General Counsel, Lasership, Inc. The Internet provides the world's bad actors (and unhappy customers) a vast stage upon which they can launch a variety of attacks on your business. This presentation will focus on how your company can use various search optimization tactics, infringement reporting mechanisms, dispute resolution processes, and litigation to protect itself against those that would seek to damage your company's goodwill. It will also focus on the challenges and pitfalls that businesses have experienced when trying to take down objectionable content. When developing a strategy for dealing with these issues, it is important to understand both the full array of options available to your business, as well as the business risks involved with using them. We will also discuss these risks and potential alternative approaches to enforcement to provide you with a portfolio of options to consider when confronted with these attacks.
New Employment Claims - (September 8, 2016) Presented by Anessa Abrams and Nancy Holt of FordHarrison, LLP and an in-house panelist. While employers are intimately familiar with typical employment related claims - i.e., statutory harassment and discrimination, retaliation, failure to pay overtime, wrongful discharge, etc. - a new breed of employment claims is on the horizon. Recent legislation - addressing issues ranging from paid sick leave to marijuana to wage theft to sexual orientation and transgender rights - has changed the landscape of the employer-employee relationship. In this session, we will explore many of these new areas of vulnerability so that your company keeps up with the changing times.
Final Rule and Guidance on Fair Pay and Safe Workplaces Executive Order (September 7, 2016) Presented by Scott M. McCaleb, Kara M. Sacilotto, and Craig Smith of Wiley Rein LLP. The long-awaited final rule from the FAR Council and associated guidance from the Department of Labor implementing the 2014 Executive Order on Fair Pay and Safe Workplaces have now been issued, and the clock is running on implementation. The rule and guidance include significant new reporting requirements and a phase-in approach. Who will be immediately affected and how should you, as in-house counsel, prepare for the effect of the final rule and guidance on your company? This webinar will discuss the final rule and guidance and provide practical tips for in-house counsel to consider both as a prime contractor and as a subcontractor.
Insurance Essentials for Exempt Organizations (July 21, 2016) Presented by Scott Godes of Barnes & Thornburg LLP and an in-house panelist. This program will provide practical and actionable advice regarding insurance coverage for your association and non-profit organization. We will discuss what typically is included, what frequently is excluded, and what to ask for in the types of insurance policies below, focusing on issues specific to non-profits and associations. We'll also address how to ensure compliance with contractual insurance requirements, additional insured requirements, indemnification obligations, and more. Topics will include: Cyberinsurance General liability coverage Employment practices liability coverage Professional liability/errors and omissions liability coverage Directors and officers liability coverage Crime/fidelity coverage First party property and business interruption coverage We will also cover related issues, such as choice of counsel, getting defense costs paid in full, and dealing with reservations of rights and denials of coverage.
Ten Tips to Prepare In-House Government Contracts Counsel for Government Investigators’ Unannounced Knock on the Corporate Door (July 14, 2016) Presented by Roscoe Howard, Jr. of Barnes & Thornburg LLP and Marc Nichols, Legal Counsel & Director of Compliance - Americas, Rolls-Royce North America. The unexpected visit from government investigators kicking off a civil or criminal investigation -- including investigations under the False Claims Act --- can keep in-house counsel up at night. This is especially true in the heavily regulated government contracting industry, where new and evolving regulations can make compliance an ongoing challenge for even the most ethical companies. Any government visit will be unannounced, and can have devastating effects on production, reputation and morale of a company. And that visit is certainly going to prompt attention and concern at the most senior levels of the C-suite. This means in-house counsel need to be on their toes more than ever. This panel will offer a proactive and practical approach, by presenting some relatively simple suggestions for how in-house lawyers can prepare their companies for government visits and generally reduce risk as well as exposure before the government investigators come knocking. We will share insights regarding what government contractors have done - and, more importantly, what government contractors could have done - to minimize risk and contain the damage such encounters can cause. The panel will cover topics including DOJ's Yates Memorandum and how it can be used to help prepare and train your company, the pros and cons of paying for representation of company officials in a government investigation, corporate cooperation with government investigations, and when a corporation needs to conduct internal investigations.
Best Practices for Protecting Your Company’s Trade Secrets In Light of the Defend Trade Secrets Act (July 8, 2016) Presented by Peter Riebling of Katten Muchin Rosenman LLP. Trade secret theft is on the rise. The new federal trade secrets legislation recently passed to address this growing threat created buzz about what companies must do to comply with the new statute. It has also prompted companies to revisit their procedures and ask what they should be doing to better protect their trade secrets. Learn what every lawyer "must know" about the new law, as well as "best practices" and strategies for protecting your company's trade secrets so you are ready when the alarm sounds. Model clauses and forms provided.
Brexit- What You Need to Know About the Legal Consequences for your Enterprise (June 30, 2016) Presented by Squire Patton Boggs.
This comprehensive webcast will cover:
the timing and procedure of the withdrawal, and the negotiation of the future relationship between the UK and the EU; the consequences for UK and US companies arising from the end of the application of EU Freedoms, Mutual Recognition, Passports and other privileges; what you need to know when entering into new contracts after June 23, 2016 and what you should do with respect to existing contracts; consequences under the domestic laws of the UK and the remaining 27 Member States; what happens to International Agreements entered into by the EU; and what alternatives are available to the UK, including WTO, EFTA, EEA, Swiss-Style, Free Trade Agreements
Our two presenters, Jens Rinze and Aline Doussin, have been following the Brexit issue from the start. Bio information can be found here:
The General Data Protection Regulation and How It Will Impact Your Business (June 28, 2016) Presented by Julie O'Neil and Alex van der Wolk of Morrison & Foerster LLP. In December 2015, European policy makers reached an agreement on the General Data Protection Regulation ("GDPR"). The GDPR will expand the scope and reach of EU data protection law. While the GDPR will not be in effect until May 2018, it will have wide-ranging implications for companies operating in Europe, or even just delivering products or services to Europeans. Topics Will Include: what significant new obligations will the GDPR include? How to address new individual rights? How do the new rules affect cloud computing? What are the new challenges for data analytics? How will international data transfer mechanisms be affected? How can you prepare for the new rules now?
Allocating Risk for Privacy and Data Security in Commercial Contracts (June 23, 2016) Presented by Selena Linde of Perkins Coie LLP and an in-house panelist. Data Security and Privacy are today's "hot button" issues in commercial agreements that involve collection, transmission, handling or storage of information. In a landscape that has readily changing laws and regulations, and the not so distant high profile data breaches like Target and Home Depot, it is now common to see very heavy IT Security provisions, added representations and warranties, indemnification requirements and changes to the limitations of liability related to privacy and data security. This program will focus on how to navigate the changed landscape and determine what is an appropriate allocation of risk, where the other side is over-reaching in an attempt to put your company or client in a role as its insurance company for when something goes awry, and how to ensure your company obtains the best insurance possible. Specifically, we will discuss factors behind the heightened focus on data and IT security; contract clauses that are now routinely broadened to address these risks; Third Party Standards and regularly scheduled Security Audits; issues with allowing a third party/customer to dictate your client/company's policies; and landing on a reasonable and appropriate allocation of risk
Ethics: Navigating the Ethical Challenges of Internal Investigations (June 15, 2016) Presented by Tom Connally, Jon Talotta of Hogan Lovells US LLP and an in-house panelist. Potential corporate wrongdoing, and the internal investigations that companies conduct in response, present in-house counsel with numerous complex problems and professional ethics challenges and pitfalls. Issues of client identification, confidentiality, privilege and waiver, up-the-ladder reporting and compliance, and other questions of professional responsibility swirl around internal investigations, particularly as the investigations evolve when new facts come to light. This two-hour Ethics program will explore the ethical issues in-house counsel face in internal investigations, surveying the rules of professional responsibility. Using hypotheticals, the presenters will focus on real-world experience and practical advice so that in-house counsel can recognize and proactively manage risks.
Preparing for an Acquisition - Getting your IP House in Order (June 14, 2016) Presented by Thomas Knox, Co-Chair Global Corporate Department, Morrison & Foerster and Jonathan Bockman, Partner, Intellectual Property Practice, Morrison & Foerster, and an in-house panelist. This program will discuss key elements to include on due diligence request lists, what to look for in diligence materials, how best to prepare for intellectual property diligence in an M&A transaction, including issues to anticipate, key omissions by sellers and how these issues flow into reps and warranties in a purchase agreement. The panel will cover what acquirers should look for during the diligence process, what sellers should anticipate and the latest developments in intellectual property issues in acquisition agreements.
Navigating Litigation Against the Government (June 8, 2016) Presented by Paul Khoury Kara Sacilotto of Wiley Rein LLP and and in-house panelist. Nobody likes to sue or be sued by their customer. When your customer is the federal government, the challenges and stakes are even higher. As a government contractor, even a garden variety contract dispute can become the "perfect storm" of False Claims Act allegations or fraud counterclaims. Our panel will help you navigate claims by and against the federal government and provide practical tips so that your company does not become shipwrecked. Topics will include a basic overview of the unique process that applies to contract claims under government contracts, the pros and cons of available legal fora to pursue claims, and latest developments in litigating government claims, including statute of limitations developments and the ever expanding scope of False Claims Act allegations and fraud-related counterclaims.
Department of Labor’s Final Rule on Overtime – What it Means for Your Company (June 1, 2016) Presented by Leslie Stout-Tabackman of Jackson Lewis P.C. On May 18 the United States Department of Labor issued its long-awaited Final Rule updating the exemptions for executive, administrative, and professional employees (the "white collar" exemptions). The Final Rule, as announced, more than doubles the standard salary level for exempt employees from $23,660 ($455 per week) to $47,476 ($913 per week), provides for automatic increases every three years, significantly raises the salary requirement for highly compensated employee exemption, and provides other amendments to the regulations regarding use of incentive compensation to satisfy the salary level. Significantly, non-profit organizations are not exempted from these new salary levels and will face increased challenges as more employees likely will need to be classified as non-exempt under the Final Rule. This webinar will explain the changes set forth in the Final Rule, including the effective date for compliance, discuss potential challenges to its implementation, and identify strategies for compliance.
Tech Talk - Pre-launch Product Checklist (May 25, 2016) Presented by Burt Amernick and Spencer Wood of Polsinelli LLP , Kevin Minsky, Associate General Counsel, Booz Allen Hamilton, and Colin Raufer, Intellectual Property Counsel, The Boeing Company. Your Chief Technology Officer just announced a new technology product is going to the design phase for your company, and you are tasked to ensure the product launch goes off without a hitch. Where do you start? There are many components to consider before your first sale, including possible patents, foreign patents, trademarks, copyrights, trade secrets, intellectual property strategy and roadmap, market entry, marketing brochures, distribution channels, contract agreements, supplier agreements, use of industry standards, compliance issues, regulatory issues, and use of "free" tools like open source, software licenses, firmware, chips, embedded third party commercial software, possible export issues, security classification issues, markings, and the use of your company's logo. Join us as we show you how to tackle and prioritize these issues so that you can get your product launched smoothly.
Navigating the Pitfalls of Cross-Border Investigations (May 18, 2016) Presented by John N. Nassikas III and Amy Jeffress of Arnold & Porter LLP and an in-house panelist. Cross-border investigations present one of the most complex challenges facing corporations today and introduce many potential traps for in-house counsel. U.S. authorities continue to expand their enforcement actions overseas, increasing the civil and criminal exposure for companies and their leaders and employees. Authorities in other countries are increasingly engaging in their own parallel investigations or partnering with U.S. authorities, expanding this potential liability. Data privacy and other regulatory challenges often complicate a company's ability to respond. Developing and conducting a sophisticated cross-border investigation plan is critical to a global company's defense in these circumstances. Our panel will delve into the various considerations that need to be taken into account by in-house lawyers when conducting or responding to a cross-border investigation, including: what to do when an issue has first been identified either by a whistleblower or a subpoena; the pros and cons of conducting the investigation in-house versus hiring outside counsel; deciding whether to hire local counsel abroad to assist in the investigation; developing a risk-based investigation plan; navigating language and cultural issues; handling complex data privacy laws in foreign countries; factors to consider in evaluating whether to self-disclose an issue or not; practical guidance for maintaining immunity, privilege, and work product protections over information shared with the Department of Justice (DOJ), especially where DOJ may share the information with foreign authorities; developing or reassessing a global compliance and training program as part of the remediation plan; and assessing how the Yates Memo has changed the ways in which cross-border investigations are scrutinized by the government.
Best Practices for Avoiding Getting Speared Like a Phish (May 17, 2016) Presented by Randy Sabett of Cooley LLP and Eric Feig, General Counsel, MRIS. The program will focus on developing internal training tools, programs, adoption of best practices, etc., using the legal role as a bully pulpit, to minimize the chances that internal clients will make risky choices in connection with opening e-mails, e-mail attachments, disclosing passwords, etc. that would expose the company's IT infrastructure to intrusion
Equal Pay Laws and Developments (May 12, 2016) Presented by Kevin Kraham, Nancy Delogu and Michael Childers of Littler Mendelson P.C. and an in-house panelist. This program will give attendees a primer on how the government identifies, investigates, and addresses pay discrimination. We will specifically discuss recent changes to enforcement resulting from President Obama's National Equal Pay Enforcement Task Force including recent Executive Orders on Pay Transparency and Minimum Wage for Federal contractors and the EEOC's proposal to collect pay data as part of the annual EEO-1 report. We will also discuss the sudden expansion of state and foreign initiatives designed to address equal pay, including legislation that has come out of New York, California, and the United Kingdom. Finally, we will discuss strategies for how companies can take a proactive approach to examining their own compensation structures to eliminate compensation disparities before they result in litigation or administrative charges.
Current Issues and Trends in Defense Industry M&A (May 5, 2016) Presented by Howard Adler, Jonathan Corsico, and Karen Manos of Gibson Dunn and an in-house panelist. The defense industry is consolidating at an accelerating pace and this industry is one of the most important in the Washington DC area. This presentation will focus on current trends and issues facing defense companies when they acquire other industry participants or when they are being sold. We will first discuss trends in industry consolidation and which portions of the sector are the most sought after by acquirers. We will address special issues that arise in drafting and negotiating purchase and sale agreements in this industry and particular issues that arise in due diligence. These issues include government contract and related representations and warranties in purchase and sale agreements, diligencing top secret contracts and programs, the need for security clearances and CFIUS flings and approvals where a foreign acquirer is involved. We will also discuss the special government contracts issues that arise in the context of defense industry M&A including those raised by the self- reporting requirements of the FAR and in determining when novations are required for government contacts held by a company being acquired. This presentation is recommended both for attorneys involved in defense M&A and for industry executives contemplating an acquisition or a sale.
Litigation Forum: Contract Drafting - Lessons Learned From Litigation (May 3, 2016) Presented by Jerry Epstein and of Jenner & Block LLP and an in-house panelist. You find yourself in a bitter breach-of-contract dispute - with the usual add-on claims of fraud and misrepresentation. In hindsight, you wish the contract had included additional provisions to limit risk or had more clearly defined the parties' obligations. While disputes over contract interpretation and performance can't be avoided, what lessons in drafting can we take from deals gone awry? This program will examine frequently litigated contract clauses -- such as disclaimers of reliance, limitations of liability, and best efforts standards -- and provide practical drafting and litigation tips to lessen the risk of expensive, high-risk, breach-of-contract litigation.
Responding to a Data Security Breach - Surviving the First 3 Days (April 26, 2016) Presented by Doron Goldstein Co-Head - Privacy, Data & Cybersecurity Practice, Katten Muchin Rosenman LLP and Peter Adler, General Counsel and Chief Privacy Officer, Data Guardian Pros. Regardless of industry or size, your company faces the daily and ongoing threat of a data breach. Preparation is key to limiting the damage caused by a security incident, and perhaps preventing a small-scale incident from becoming something much worse. Join in-house and outside counsel for a presentation on how to prepare for and respond to data security incidents, and learn from their experiences (both good and bad). Topics covered will include data breaches, regulatory and jurisdictional requirements, encryption, notification procedures, liability and insurance considerations.
Internal and Government Investigations - A Deep Dive (April 21, 2016) Presented by Kristin Graham Koehler of Sidley Austin LLP; Maria Gonzalez Calvet, Executive Counsel, Global Investigations, GE Energy Management & GE Latin America; and Teala Brewer, Vice President, Office of Investigations, Compliance and Ethics, American Red Cross National Headquarters. Companies are being scrutinized today like never before. Internal investigations have become a regular and necessary component of conducting business in an increasingly complex legal environment. Government investigations from both the DOJ and SEC continue to present unique and ever-changing challenges for companies and bring with them potential criminal and civil charges for both companies and their leadership. We will take a look at advanced internal and government investigation issues and provide practical examples that will help prepare your legal team for such investigations. Our panel will dissect the following advanced investigation issues: identifying who the client is (Board, Audit Committee of the Board, Special Committee of the Board or Management/General Counsel); deciding who is best suited to run the investigation - internally and externally; deciding whether to disclose the results of internal investigations, including those involving the FCPA; how to handle the complexities of parallel government investigations; how to handle complex privilege issues, including joint defense agreements; how to handle whistleblower/retaliation claims; and implications of the Yates Memo.
The Continued Risk of Doing Business in Iran, Russia and Cuba (April 19, 2016) Presented by Amy Conway-Hatcher and Ama Adams at Baker Botts L.L.P. Over the last 18 months, the United States has eased certain sanctions on Iran and Cuba while imposing sanctions on Russia and Crimea. These changes, which continue to evolve, create significant challenges and uncertainties for companies operating internationally. In-house counsel and compliance professionals must strike a balance in offering their business leaders with quick decisions on complex areas of laws while mitigating the risk of potential liability. To achieve this balance and effectively navigate risks, lawyers and compliance personnel must stay on top of evolving sanctions programs and enforcement developments in an area not known for transparency or predictability. This program will provide a current overview of key U.S. sanctions programs, address practical considerations that companies should consider when embarking on business opportunities in these countries and discuss the aggressive and increasingly complex enforcement environment that continues to evolve in this area.
Corporate Social Responsibility Statements - Litigation Developments and Minimizing Risk (April 13, 2016) Presented by Andrew S. Tulumello and Jason R. Meltzer of Gibson, Dunn & Crutcher LLP and an in-house panelist. This presentation will provide lessons learned and best practices developed in connection with corporate social responsibility ("CSR") statements and a recent wave of related investigations and lawsuits targeting corporations. We will discuss how companies can minimize litigation and liability risk relating to CSR statements. This program is a "must-attend" for in-house counsel at companies responsible for CSR initiatives and corresponding public disclosures. In particular, the presentation will discuss: (1) recent enforcement efforts by state attorneys general relating to CSR statements; (2) a number of recent consumer protection lawsuits and Delaware Section 220 activity challenging CSR statements (including relating to forced labor in supply chains, employee treatment and supply chain working conditions); (3) the California Transparency In Supply Chains Act and the UK Modern Slavery Act of 2015; and (4) recent decisions in federal securities cases challenging CSR statements relating to environmental protection efforts and supply chain safety initiatives.
Life After Death – Increasing Revenue from Matured Bequests (April 8, 2016) Presented by Kevin Coventon of Holland & Knight LLP and Mary Elizabeth Cisneros, VP and Deputy General Counsel, American Red Cross. Moderated by Katherine Karl, Deputy General Counsel, American Cancer Society, Inc. Who said that the legal department can't generate revenue? This program is designed to share successful strategies in multi-state probate administration and practical ways for legal departments to produce revenue and become profit centers for their non-profit or association. Topics will include tactics to centralize trusts and estates files, partner with outside counsel to efficiently administer files and collaborate with internal stakeholders to maximize and accelerate distributions from bequests.
How to Quickly Do Your Own Initial Trademark Clearance Searches and More (April 7, 2016) Presented by David Mayberry and Tracie Siddiqui of Kilpatrick Townsend & Stockton LLP; and Elizabeth Regan, VP & Assistant General Counsel, Intellectual Property, Marriott International, Inc. As a non-trademark expert practicing in-house, you know how challenging it can be to quickly and efficiently evaluate proposed new trademarks for your company's products and services - especially when you are asked to evaluate multiple alternative trademarks. This program will provide you with tools, techniques and tips on conducting basic "knockout" searches yourself so you can give your marketing team an early readout on which trademarks are promising and which are problematic. You will learn about common search tools, how to interpret search results, how to assess risk and strategies for interacting with marketing and later, trademark counsel.
Doing Business with Small Businesses in the Federal Marketplace (April 6, 2016) Presented by Devon Hewitt of Protroae Law PLLC and Steve Tibbets, Sr. Counsel, CA Technologies. Small businesses and "other than small" businesses routinely work together to secure federal contracts either in the form of a prime/sub relationship or a joint venture relationship. Subcontracting or joint venturing with a small business, however, is not a typical commercial transaction; business relationships with small businesses bring their own set of rules and regulations with which both large and small businesses must comply. This presentation will highlight some of the legal issues that arise in the three most common types of large/small business relationships: large business prime/small business sub; small business prime/large business sub; and large/small business joint venture.
Cybersecurity Preparedness – the Evolving Role of In-House Counsel Today (April 5, 2016) Presented by Paul Tiao of Hunton & Williams LLP and Holly Brady, Senior Counsel, Altria Client Services Inc. Cybersecurity threats are here to stay, and there are no silver bullets that will make them go away. Companies are investing in pre-incident preparedness, and spending on post-incident response. The role of the in-house counsel has grown, as cybersecurity legal issues arise in most aspects of cybersecurity planning. How will you advise the company on the Cybersecurity Act of 2015? How should the company engage with the government and other entities on information sharing? What about security provisions in third party vendor contracts? What is the role of the board of directors? Should the company create a cybersecurity committee on the board? Should the company update its information security policies? Isn't it time to update the incident response plan? Should the company do data breach table top exercise? How do those work? What are the FTC, FCC, CFPB and SEC doing? State Attorneys General? These are some of the many cybersecurity questions that in-house counsel are being asked to address. This program will be presented at a basic level to give counsel a broad-brush understanding of these issues.
Doing Business in the Middle East (March 22, 2016) Presented by Susan Bastress of Squire Patton Boggs (US) LLP and Russell Shearer, Vice President, General Counsel & Secretary, Vice President, Performance Excellence and Compliance, ISL, Inc. Do you have current or planned offices or business opportunities in the Middle East? This program will provide an overview of how to enter the market, as well as the business and legal practices peculiar to the Middle East. The program will be practice-oriented, providing contract language, negotiating best practices, dispute resolution best practices and more.
Navigating Procurement Integrity Act Issues and Protecting your Information (March 16, 2016) Presented by Andy Shipley and Seth Seth Locke of Perkins Coie LLP and Zachary Stewart, Assistant General Counsel, Serco Inc. This presentation will address recent trends and developments involving the Procurement Integrity Act (PIA). Using interactive scenarios based on actual cases, the session will address practical questions such as: What needs to be done when your government customer inadvertently emails you potential source selection information? What steps should be taken when you suspect a former employee has taken sensitive information to a competitor? Can a subcontractor use a prime contractor's information to undercut them on a follow-on procurement? In addition, the session will also address challenges faced by contractors that share proprietary corporate and technical information with both the government and other contractors in the context of competitive procurements. The session is designed to emphasize practical, effective solutions - including helpful tips and best practices. Disclosures will happen - lets be prepared!
Parameters for Setting Litigation Reserves (March 15, 2016) Presented by Peter J. Brennan of Jenner & Block LLP; Bernie Woolfey and Kevin Davis of Navigant; and an in-house counsel panelist. When faced with a lawsuit or other legal action, companies must quickly define the scope of a potential loss contingency, including the reasonable accrual of funds and setting appropriate reserves. Successful navigation of these issues requires in-step coordination of in-house counsel with accountants and finance staff. This practical panel discussion will focus on loss contingencies, as well as reporting and disclosure obligations, particularly in the context of FAS 5 of the Financial Accounting Standards Board - from an accounting, finance and in-house counsel point of view. Join us for a hands-on seminar featuring examples from experienced practitioners that will provide a better grasp of setting reserves, settlement offer considerations, loss contingencies, disclosures and financial statements, and potential insurance coverage issues that must be considered when legal action is on the horizon.
Small Department Legal Based Crisis Management (March 9, 2016) Presented by Thomas L. McCally and Tina M. Maiolo, Partners at Carr Maloney, PC., Stuart Soberman, GC and Business Executive at Standard Solar, Inc., and a PR Professional. There is no rule that requires the size of the potential crisis arising out of legal exposure and resulting reaction to be directly proportional to the size of the company's legal department. So, what is the small law department to do when the company is facing extreme public media scrutiny with potential legal exposure? How can the small legal department balance the bubbling internal pressures, threat to company morale and relentless public attention that arise during the legal process, without threatening the legal arguments and defenses needed to bring it all to an end? Ideally, the company will compose a corporate "Dream Team" made up of in-house counsel, PR professionals and outside litigation counsel who work together seamlessly. In reality, however, there will be divergence within the team with respect to goals and strategies. For instance, what happens when your PR professional tells you that the best way to handle the public is to take responsibility for actions, but your litigation counsel is telling you an apology will destroy the defense to the case? How do you handle the softer aspects including internal communications and employee relations knowing that what is said internally can be leaked to the outside? How do you continue operations during a time when company focus is on the crisis? This program will discuss how to handle the inevitable conflicts that arise when trying to balance the internal corporate issues, external public relations matters and legal arguments that all come into play during a crisis, as well as how to handle them in a way that best represents the interests of the company. Our panel will hash out several fact patterns based upon real life situations.
Managing The Affordable Care Act (March 7, 2016) Presented by Paul M. Hamburger of Proskauer Rose LLP and Johann Lee, Vice President & Senior Counsel, Marriott International, Inc. This program will highlight the ongoing challenges in-house counsel face related to the Affordable Care Act and the fundamental changes brought about to employer-sponsored health plans over the past six years. With each year since the passage of the ACA, new compliance challenges arise and 2016 is no different. This program will explore the following two latest compliance matters affecting employer-sponsored health plans that could result in significantly liability for your company if not properly managed: (1) negotiating ACA terms for staffing agency agreements to minimize exposure for ACA penalties related to staffing agency employees being re-classified as common law employees of your company (even if an employer generally provides health coverage to its full-time employees, the employer could be exposed for ACA penalties if it hires workers from staffing agencies or leasing companies and the workers are re-classified as common law employees of the employer); and (2) navigating legal compliance under ACA, ADA, HIPAA, and ERISA for health wellness incentive programs (the ACA enacted provisions addressing wellness incentives that are intended to encourage use of creative wellness programs, but many legal hurdles remain as employers must still manage legal requirements under the ADA, HIPAA, and ERISA before they can move forward). Please join our panel for a discussion as they provide practical guidance and tips that will allow you to advise your clients on how to successfully manage these challenging issues.
Preparing the Lawyer to be the Witness (February 24, 2016) Presented by Leslie B. Kiernan of Akin Gump Strauss Hauer & Feld LLP and an in-house panelist. In every significant matter - whether civil, regulatory or criminal -- in-house counsel is now presumed to be a potential witness. In some situations, the lawyer may be the 30(b)(6) designated witness. There are various ethical, legal and practical implications for counsel in this situation, including: the ability to protect client confidences; the impact of DOJ Yates Memorandum; duties to report or disclose; dealing with litigation committees; ethical considerations; good and bad ways to prepare to testify; and keeping your independence and professional standing. Join us for a thoughtful analysis of the issues that inside counsel face when they become the focus of the questions.
Joint Employer Issues for Employers (February 23, 2016) Presented by Garen Dodge of Jackson Lewis P.C. and an in-house panelist. Nearly every employer both unionized and non-unionized will be affected by the NLRB's recent decision in Browning-Ferris Industries of California Inc., and the agency's new joint employer standard. Not only will Browning-Ferris radically alter many types of franchise and other business relationships, and dramatically expand the potential for joint employer liability under the National Labor Relations Act, but it will trigger an increase in joint employer related liability from other government agencies and under other federal (and state) laws such as The FLSA, FMLA and OSH Act. In this session, we will review the consequences of joint employer liability, as applied by the NLRB and other related governmental agencies, and discuss best practices to use when engaging a "non-employee" workforce. For example, most non-unionized companies have staffing agency workers and/or vendors on site. We will explore steps you can take today to minimize the risk that your company will become entangled in a dispute between a vendor and its employees working on your site. In addition, we will examine Congressional action in response to this development.
Global Issues and Privacy and Data Security Forums: Your Export Controlled Data Has Been Breached – What Do You Do Now? (February 18, 2016) Presented by Ajay Kuntamukkala, Deen Kaplan and Michael Scheimer of Hogan Lovells and an in-house panelist. The cybersecurity landscape is rapidly evolving and cyber intrusions have become increasingly pervasive. Our panelists will present a timely discussion on how to respond to a cyber intrusion that impacts your export-controlled data. Companies with export-controlled data, including those in the defense, aerospace/UAS, high-technology, and energy industries may have unique obligations when it comes to protecting such data from cyber-intrusion and theft.Our palel will discuss the unique cybersecurity obligations for government contractors, industry best practices for protecting export-controlled data on your IT systems and responding to breaches, and recent developments and rule changes.
An In-House Counsel’s Guide to the Complex and Changing Rules for Political Engagement (February 11, 2016) Presented by Larry Norton and Ron Jacobs of Venable LLP and an in-house panelist. With a Presidential election year in full swing, few businesses or nonprofits can afford to stay on the sidelines, and many of their officers and employees will join the fray. The rewards can be enormous - changes in taxes and regulations, the promise of contracts and business incentives, and new enforcement priorities. But with reward comes risk, especially as a growing number of new laws and court rulings create compliance challenges. This program will explain recent legal developments, and show you how to minimize your legal and business risks. Topics will include which candidates and entities may accept corporate donations, when office resources may be used for candidate appearances and fundraisers, which policies should be in every employee code of ethics, and how to form and operate a corporate PAC. The program will also address disclosure, including how to exercise control over when your contributions will be disclosed or whether they will be disclosed at all, and how to respond to the demands of shareholders and watchdog groups for more transparency and accountability over political spending. Finally, the program will highlight special issues facing government contractors, including state and local pay-to-play laws, giving to Super PACs, and the impact of a proposed executive order.
Corporate Governance 101 (February 4, 2016) Presented by Steve Patterson of Hunton & Williams LLP and an in-house panelist. To advance in the legal departments of today's companies, lawyers must have a well-rounded base of experience in the areas that are most important to senior management and boards of directors. Good corporate governance is integral to the success of an organization, and in-house counsel play a crucial role as key advisors to management and the board on governance matters. This program is designed to give lawyers a foundation in the basics of effective corporate governance to enhance their ability to support senior management and boards. Join our panelists as they discuss the elements of a good corporate governance framework and the practical aspects of managing the balance of power between shareholders, directors and senior management.
Top Ten Lessons from Large Contracts Gone Bad (January 29, 2016) . Regardless of the type of contract performed, government contractors are generally exposed to the same types of liabilities, losses and risks. Through a panel of highly experienced attorneys who work for a wide breadth of companies, this panel will explore and provide counsel with a top ten list of lessons learned and how to mitigate and assess those risks. Whether your firm is in the high tech, hospitality, construction or other industries, this presentation will provide you with the tools to identify, handle and protect your company.
Why All the Talk About Corporate Inversions? (January 28, 2016) Presented by Daniel Davidson, Christine Lane and James Wickett of Hogan Lovells and in-house counsel. The last few years have seen a well-publicized spate of corporate "inversions" - merger transactions in which a U.S.-based multinational replaces its U.S. parent company with a foreign corporation, usually based in a country with a lower tax rate than the U.S. These transactions have generated considerable public controversy and a substantial amount of pressure on the U.S. Treasury, the IRS, and Congress to erect new and more comprehensive barriers against inversions. Our panel will discuss the aspects of U.S. tax law that drive companies to "invert" and the evolving nature of these transactions as, on the one hand, Congress and the Treasury have promulgated increasingly restrictive rules in an effort to stem the tide and, on the other hand, corporations and their advisors have reacted to those rules. We will explain the current status of the law, explore what we can expect going forward and what this might mean for your company and companies with which you may be dealing.
Exempt Organizations (2015) Year in Review (January 26, 2016) Presented by Celia Roady and Alexander Reid of Morgan Lewis and an in-house counsel. This program will review the past year's significant developments affecting exempt organizations. We will also discuss important election year issues facing tax-exempt organizations, with particular focus on election year advocacy by 501(c)(3) organizations. Other topics will include current developments involving impact investments and recent IRS audit trends.
Managing Workplace Investigations Like a Pro (January 6, 2016) Presented by Teresa Wright of Jackson Lewis P.C. and an in-house panelist. Your assistant is out sick and your legal staff is short-handed. You have a brief to review and outside counsel has just sent a peculiar-looking invoice. At the worst possible time, a company SVP comes into your office to inform you that an employee has alleged unethical conduct, sexual harassment and incompetence by a high-level executive. What do you do? This program will explore the legal issues impacting workplace investigations as well as the best practices to ensure that investigations are thorough, unbiased and prompt. Who should conduct the investigation - you, the HR Manager, an outside investigator? Is the investigation privileged? What should the "target" be told? Should anyone be placed on administrative leave? What happens when unrelated, but serious, issues arise in the course of the investigation? Should a written report be prepared? Participants will learn the "nuts and bolts" of conducting and managing investigations, as well as advanced topics and the latest legal developments - such as whether confidentiality can be requested or required. Join us for an engaging, lively discussion that will assist you in leading and overseeing investigations with minimal headaches and maximum results.
Tips for Managing IP Liability – Trolls, Tweets, Trademarks & Transactions (December 9, 2015) Presented by Insurance Recovery Partner Helen Michael and Intellectual Property Partner Josh Pond of Kilpatrick Townsend and an in-house panelist. In the knowledge economy, businesses know that they must value and protect their intellectual property and in-house attorneys are critical to this function. For many companies, intellectual property is the organization, and for others, it forms a significant basis for their existence. Your technology, reputation, brands, research, and software subjects you to numerous risks, and good corporate governance and legal advice focuses on ways to manage and mitigate such risks. Learn how in-house attorneys can help protect their company's intellectual property and mitigate intellectual property and related social media and cyber IP liability risks. Attendees will learn ways to: manage and reduce patent troll risks; manage and reduce trademark and copyright liability risks; manage and reduce social media and other cyber-IP liability risks through insurance, and risk mitigation and transfer techniques; and identify and avoid transaction traps. We will provide a checklist for attendees that will help them avoid the pitfalls and be able to efficiently and effectively handle such issues when they do arise.
Turning Legalese Into Tech Speak – Legal Holds in 2015 (December 8, 2015) Presented by Lily Chinn, Karl Heisler and Matthew Baker of Katten Muchin Rosenman LLP and Ben Robbins, eDiscovery & Information Governance, LinkedIn. Moderated by Kenneth M. Reiss, Corporate Counsel, Northrop Grumman. With changes in eDiscovery law, rapid advances in technology and the exponential growth of data, implementing a defensible and effective legal hold can be challenging. We will focus on practical strategies, best practices and legal guidance when crafting and implementing a robust, yet cost-effective legal hold program. Discussion topics include recent legal and technology trends to consider (such as BYOD, social media, etc.), tips for creating defensible legal hold programs; and how to work with your IT department to implement a legal hold.
Crafting Your Social Media Image For Career Success (December 3, 2015) Presented by Stephen Nelson, Managing Principal, and Nancy E. Carpenter, Consultant - Legal Group, The McCormick Group, Inc. Does the land of social media make your head spin? Are you not sure how to make your LinkedIn profile work best for you? We will show you the differences between LinkedIn, Twitter and Facebook and teach you how to maneuver each one to make them work to your advantage in your next job search. We will demonstrate how social media can help you develop your own personal brand. In addition, we will show you how to design a better LinkedIn profile, teach you about groups and how to work the home page to make you look like an expect in your field!
The Legal Department’s Role in Post-Closing M&A Integration (November 19, 2015) Presented by Scott of Greenberg Traurig LLP and Joanne M. Kelly, Chief Counsel, AOL, Inc. Your acquisition is complete and now it is time to integrate the two companies. This program will look at the essential role the legal department of the acquirer should play in the post-closing integration of the acquired business. This program will provide practical guidance on the identification and enforcement of potential breaches of the acquisition agreement, highlight key legal risks to the buyer that are raised in the integration process and discuss the integration of the legal departments of the buyer and seller and other key legal transition issues.
Game Planning Your Litigation Defense (November 12, 2015) Presented by Jim Kinsel of Protorae Law and in-house panelists. Even the most careful company can find itself being named as a defendant in a business-to-business litigation matter, particularly with the ease by which new hires can transfer electronic files from their prior employers or customers. Plaintiff companies commonly allege business tort claims, such as trade secret misappropriation and business conspiracy that allow for recovery of attorneys' fees, treble damages and punitive damages. Faced with these allegations, a premium is placed on early game planning, including going on the offensive with counterclaims, cross claims and affirmative defenses, as well as engaging in early resolution tactics. Using hypotheticals, the panelists will discuss strategies for pressuring the plaintiff and blocking the other side's momentum.
What Nonprofits Should Know about Protecting Their Trademarks and Brand When Engaging the Private Sector (November 10, 2015) Presented by Holly Schadler of Trister, Ross, Schadler & Gold, PLLC and Thomas Cluderay, General Counsel, Environmental Working Group. When it comes to protecting your brand, there are a lot of issues that are particular to non-profits. For example, what do you need to do to monitor how sponsors use your name and marks? Are you in compliance with UBIT rules when you receive royalty payments from sponsors licensed to use your name and marks? What disclaimers and language should you ask sponsors to use when they are licensed to use your name and marks as a sponsor? This program will provide you guidance with respect to these issues and also offer tips and best practices on how to develop a framework for working with your development team to better anticipate and navigate these issues.
Safe Harbor - What Next? (November 9, 2015) Presented by Eduardo Ustaran (London), Stefan Schuppert (Munich), and Bret Cohen (Washington, D.C.) of Hogan Lovells. In light of recent decisions by the Court of Justice of the European Union (CJEU) on the U.S.- EU Safe Harbor Framework, what are the implications for companies that rely on Safe Harbor to legitimize their cross-border transfers to the United States? This webinar will explore those implications, including the status of data transfers currently being legitimized by Safe Harbor; alternative options available for Safe Harbor members to lawfully receive data from Europe; what steps Safe Harbor members must take to transition to those other options; a look at what Safe Harbor members are required to do with EU data already in the U.S.; how to respond to inquiries from EU clients and regulators concerned about the lack of a lawful basis for transfers; and the implications for companies whose suppliers rely on Safe Harbor.
Technology and IP Forum: How Well Do You Know Your Data Assets? (November 4, 2015) Presented by Kevin Pomfret of Williams Mullen and an in-house panelist. Are your clients combining data from third parties with their own data to analyze customer habits or conduct market research? Does your company's app allow users to make decisions in near real time? When was the last time you conducted an audit of your data assets to make sure that you use, store and transfer data in ways that comply with vendor license agreements, intellectual property rights, data quality requirements and the privacy implications of aggregating data from a number of different sources? This presentation will address the full range of legal issues that arise as data become key assets incorporated into business operations of almost every type of company. Speakers will discuss the implications of treating data as assets for both users and providers of data. Specifically, the speakers will provide an overview of the major legal issues that should be considered whenever data are used, stored or transferred. In addition, the presenters will share suggested language to include - and language to remove - in any agreement in which data assets are included. Attendees will emerge with an enhanced understanding of how to maximize the value and minimize the risks associated with a data-driven economy.
Handling the Fallout From Rushed DCAA Audits (October 29, 2015) Presented by Rebecca Pearson and an in-house panelist. Moderated by Scott Hommer of Venable LLP. As if government contractors were not overburdened enough, the Contract Disputes Act's Statute of Limitations combined with the backlog in DCAA audits has been creating a rush to judgment as well as an abundance of mistakes. Whether your company has already been the subject, or you remain a potential target, now is the time to learn about best practices and other tips to protect your company. Our panelists will discuss strategies and tactics such as "playing the long game," "managing the clock," and "working the appeals process."
Small Law Initiative: Corporate Governance and the Board of Directors – How Does Your Board Stack Up? (October 22, 2015) Presented by Adam P. Wheeler of Womble Carlyle and Stuart Soberman, Executive Vice President and General Counsel, Standard Solar, Inc. General Counsel in many small law departments also serve as the Corporate Secretary for their organizations, but many lack the formal training to do so effectively. As Corporate Governance compliance has come to the forefront over time as a result of Dodd Frank, Sarbanes-Oxley and other new laws, it is crucial that corporate Boards understand and reduce their risk exposure, and take concrete steps to create a plan of action before a crisis arises. In this program, we will discuss the elements that should be reviewed as part of a comprehensive Board check-up in order to help ensure that maximum compliance is achieved and that the Board has the appropriate resources in place when action is required. We will also review requirements and best practices to help avoid liability, including those concerning charter and by-law provisions, Board committees, indemnification, Director and Officer (D&O) insurance policies, Board and Board member characteristics to be evaluated, and the drafting of Board minutes and resolutions.
What You Don’t Know (But Should) About The EU -- A Guide For In-House Counsel (October 13, 2015) Presented by Alex Dolmans, EU-based Partner of Hogan Lovells, and an in-house panelist. Much like the US system of federal and state laws, the EU has evolved into a bifurcated system where EU legislation interacts with national (and even regional) law of Member States. Some central EU rules pre-empt Member State rules, while others merely influence or provide a unifying backbone for Member States legislators. This affects many areas of law, and most products and services, and is to be considered in any contract or transaction. Our panelists will lead you through examples to illustrate how these two legal regimens interrelate, to help you in understanding and implementing your EU-based projects. Additionally, our panelists will compare what you can expect in the court systems - by starting with a comparison of the most typical forum selections and highlighting how the court systems differ as to general process, timeframes, discovery, appeal and other major topics.
Litigation Forum: Forum Selection - Where Am I? Where Do I Want To Be? (October 6, 2015) Presented by Akin Gump Strauss Hauer & Feld LLP and Pete Patterson, Pete Patterson, Managing Counsel, Toyota Legal One c/o Toyota Motor North America, Inc. How do you know what is the best forum for your litigation? This program will explore the significance of forum selection, how to evaluate potential fora and what companies can do to address forum issues before conflicts arise. Topics will include: Recent Supreme Court personal jurisdiction opinions - Daimler and Walden - and how they impact forum options; Considerations in forum selection and resources available to assist in evaluation of options; Negotiating forum selection and related clauses in contracts; selecting a forum if you are the plaintiff; and evaluating the desirability of transfer and maximizing chances for transfer if you are the defendant.
Marketing Through Technology, What is Allowed and What Isn’t? (September 30, 2015) Presented by Ifrah Law and an in-house panelist. Many companies seek to reach customers and prospects by phone, text, and emerging social networks. Companies market and also follow up on orders, collect debts, conduct surveys, and provide important announcements. The federal Telephone Consumer Protection Act of 1991 ("TCPA") regulates telemarketing practices and the utilization of certain technologies for all types of messages. While the FCC and state Attorney Generals can enforce the TCPA, the private right of action under the law has spurred a slew of multi-million dollar class actions. We will review the TCPA, the FCC's clarifications, and suggested "best practices" for avoiding the litigation frenzy. Our "back to school" marketing primer will also address marketing enforcement trends, including the FTC's focus on truthful advertising across all medium - including apps. Many companies are increasingly utilizing social networks such as Twitter and Facebook to generate interest through sweepstakes, contests, and other promotions. We will also discuss best practices, key state law requirements, as well as particular requirements of certain social networks. .
Ten Things You Need to Know About International Trade (and didn’t know to ask) – A 101 Level Program (September 29, 2015) Presented by Robert Shapiro of Thompson Coburn LLP and an in-house panelist. The legal maze in the area of international trade can seem like a foreign language. Businesses are pushing to extend the supply chain to other regions of the world and to sell goods to new or emerging markets. These are great opportunities, but hidden behind them may be costly traps that can be avoided. With more companies doing business globally, it is more important than ever to understand the basic concepts of international trade. This program will provide you with ten important practical tips that will help companies save money and make your job easier.
Privacy and Data Security 101 (July 28, 2015) Presented by Alan Raul of Sidley Austin LLP and Courtney Ingraffia Barton, Senior Counsel, Global Privacy, Legal Department, Hilton Worldwide.
More than ever, companies are becoming digital and data driven, creating a wide range of compliance risk and liability issues. No matter what your role within your company, it is important to have some knowledge of privacy and data security laws. This program will discuss the U.S. privacy laws, international requirements with a focus on EU privacy, international data transfer issues, data security requirements, data breach incident response, privacy and cybersecurity governance and best practices, employee training and awareness and more. This program will be presented at a basic level to give counsel a broad-brush understanding of these issues.
IP Management Strategies for Global Markets (July 23, 2015) Presented by John Mulgrew of Shook, Hardy & Bacon L.L.P. and an in-house panelit. Patents can allow a business to achieve a variety of business strategies and it is valuable for in-house counsel to understand how to best leverage the patent portfolio. Patents can help preserve critical product differentiation, foster collaboration between competitors to combine their technologies to drive overall market growth, or be used to generate licensing revenues to improve your bottom line. We will provide practical advice and key takeaways about what factors to consider when building an international patent portfolio, including understanding company worldwide product development strategy and investments in research, developing and maintaining deep intelligence about where your portfolio is strong and where you need to focus on improvements, following changes and developments in International IP laws, and aligning your patent portfolio development strategy with likely future scenarios where the company will rely on the portfolio to solve problems.
When Litigation Darkens The Door To The C-Suite (July 21, 2015) Presented by Joe Esposito and William Potts of Hunton & Williams, and Rob Lavet, General Counsel for Social Finance. When a litigation hits your company, do you have a strategy for how best to work with the C-Suite as the litigation progresses? This program will focus on the practical issues that should be addressed with senior executives when significant litigation hits the company. Specific topics will include what the C-suite needs to be told about litigation, how the C-suite can facilitate litigation efforts, how to reduce the risk of senior officers becoming unduly burdened by the litigation, and how to determine when a member of the C-suite should be designated or called as a witness. We will also discuss communications strategy as it relates to the C-suite, and issues specific to particular C-suiters
Lessons Learned from Exempt Organizations Litigation (July 15, 2015) Hosted by Caplin & Drysdale. Exempt organization lawyers focus on working for "the good," but have to be prepared for dealing with "the bad." This program will cover the types of mistakes nonprofits make that lead to litigation, and what to do when you're facing litigation. Key takeaways for nonprofit lawyers and EO executives include: Identifying and dealing with threats pre-litigation; Understanding what EOs should do (and not do) once litigation begins; Managing external parties during litigation, including insurance providers, PR firms, and outside counsel; Managing internal parties during litigation, including communications teams, board members, executives and staff; and Reviewing the lessons learned from recent high stakes EO litigation.
Cyberinsurance - A Practical Guide to Risk Mitigation in a Connected World (July 14, 2015) Presented by Scott Godes of Barnes and Thornburg and Tom Finan, Department of Homeland Security's Senior Cybersecurity Strategist and Counsel. Moderated by Heather French, Senior Vice President and Deputy General Counsel, American Capital, Ltd. Looking for practical and actionable tips for cyberinsurance and risk transfer related to cybersecurity? With cyber events becoming more prevalent and more expensive, your company needs to understand if it can transfer risk through insurance. And, if it can, what should the insurance policy say? We will provide a brief overview of the latest cybersecurity risks and then dive into a detailed discussion about cyberinsurance. Questions that we will cover include: How can you best present your company's risk profile to underwriters? What is the current market in terms of scope of coverage and uptick in use of policies? How effective have the policies been at paying claims and covering losses? How should you structure them and what coverages should you buy? Are there coverage exclusions and limitations to be avoided, and, if so, what should a company look for? We will also hear from DHS counsel about what DHS has learned about the market on that front, obstacles/opportunities, and the current work that DHS is doing with our working to create a data repository.
Contracting With State and Local Governments (July 8, 2015) Presented by Jason Barlow, Corporate Counsel for Public Sector and Commercial Law, Salesforce; Edmund M. Amorosi & Jonathan D. Shaffer, Smith Pachter McWhorter, PLC. Does your company do business with state and local governments and or is your company considering entering those markets? If so, the lack of uniformity among state requirements can provide challenges. This program will provide an overview of state and local government contracting, highlighting the distinctions between federal and state contracting, the lack of uniformity among the states, which states offer the availability of the bid protest remedy, differing state procurement ethics and compliance regulations including regulation of procurement lobbying, and the rights and remedies available to contractors. The discussion will include practical tips on how to navigate the differences.
What the New “Fair Pay” Executive Order Means for Government Contractors (June 23, 2015) Presented by Garen Dodge and Leslie Stout-Tabackman of Jackson Lewis LLP. Implementing President Obama's "Fair Pay and Safe Workplaces" Executive Order (E.O. 13673), often called the "Blacklisting" executive order, the U.S. Department of Labor has issued proposed guidance and the Federal Acquisition Regulatory ("FAR") Council has issued proposed regulations requiring government contractors and subcontractors to report at the pre-award phase of the contracting process and regularly thereafter on a variety of workplace law violations found by administrative agencies, the courts, and arbitrators. The government would take an employer's record of violations into account when deciding whether to award future contracts, cancel existing contracts, and potentially demand remedial action to address a pattern of violations. In addition, the proposed guidance and regulations implement the Executive Order's requirements that contractors inform workers of their classification as an employee or independent contractor, exempt or non-exempt status under the FLSA, and detailed information and disclosures about workers' pay. Finally, employers with a government contract exceeding $1 million will be prohibited from requiring employees to enter into mandatory pre-dispute arbitration agreements for disputes arising out of Title VII of the Civil Rights Act or torts related to sexual assault or harassment. As proposed, the regulations and guidance will impose massive new responsibilities on most government contractors and subcontractors. During our webcast presentation, we will provide a detailed summary of the proposed regulations and guidance, highlight areas of particular concern to government contractors and subcontractors, and identify key issues contractors should consider submitting comments on during the comment period for the proposed guidance and regulations ending July 27, 2015.
Strategies for Defending Disallowed Costs and Related Penalties (June 16, 2015) Presented by Jim Thomas and Suzanne Roske, Partners in the Government Contracts Practice,PricewaterhouseCoopers LLP and an in-house panelist. Recent Department of Defense audit guidance broadens the definition of "expressly unallowable" costs and enables auditors to disallow costs and more aggressively pursue penalties. The penalties are steep - ranging from 100% to 200% of the disallowed costs plus interest. Consulting, legal, political activity, compensation and home office costs are among the types of costs targeted by auditors for review. This program will cover cost allowability hot topics and provide strategies for defending against disallowed costs, avoiding costs which are unallowable, and minimizing penalties. Bring your contracts experts to this presentation.
Small Law Initiative: Data Security - Be Prepared! (June 9, 2015) Presented by George Kostel of Polsinelli PC and a panel of in-house counsel. Data Security is consistently identified as a top of mind concern for GCs and IT professionals. The challenge for the small law department lawyer is how to prepare for a data breach event when the department may be budget and resource constrained, and how to respond practically, yet effectively if (or when!) a breach occurs. Both scenarios involve partnering with a team of internal and external resources, while still meeting the day-to-day needs of your company. This discussion will provide useful takeaways and prioritization strategies for those who practice as "generalists" who may have limited experience with data breaches, based upon the experience of our panelists.
Confidentiality and Settlement Agreements Under Siege (June 4, 2015) Presented by Connie Bertram and Daniel Davis of Proskauer Rose LLP and an in-house panelist. Concerned that confidentiality and non-disparagement provisions operate as "gag orders" on current and former employees, a number of federal and self-regulatory agencies have commenced enforcement proceedings or issued orders or directives concerning the language that can be included in standard employment and separation agreements and policies. The SEC's Office of the Whistleblower has been particularly active in this area, going to far as to threaten to report to the bar attorneys who draft invalid agreements. The Office issued several weeks ago its first order finding that a publicly traded company's confidentiality agreement violated an SEC rule prohibiting employers from impeding employees from providing information to the SEC. The NLRB, DOD and FINRA have also recently issued rulings or guidelines addressing employer confidentiality provisions. This timely program will dissect the recent rulings and guidelines and provide pragmatic advice to employers regarding how to audit and revise their existing codes of conduct, confidentiality agreements and settlement agreements to comply with them and other anticipated restrictions.
Pro Bono: Project Thrive Information Session (June 3, 2015) A 30-minute information session about Project Thrive, which helps local Northern Virginia small business owners of limited economic means address the legal challenges involved in setting up a new business.
Cross-Border Ethical Pitfalls for In-House Counsel (June 3, 2015) Presented by N. Thomas Connally and Jon M. Talotta, of Hogan Lovells (US) LLP and an in-house counsel. As business continues to become more global, differences in ethical rules across jurisdictions matter more than ever for in-house counsel. The duty of confidentiality and the attorney-client privilege are different in the United States and Europe, as are disciplinary rules affecting in-house counsel traveling and working in multiple jurisdictions. Is an internal communication to in-house, which clearly would be privileged under United States law, similarly protected under European Union law? What should in-house counsel think about as to the ethical rules of another jurisdiction applying to their own involvement cross-border? Do both sets of rules apply to your representation of your client? We will address these ethical issues through a series of hypotheticals surveying the rules of the District of Columbia, Virginia and Maryland as well as key European jurisdictions. The panel will provide insights on how in-house counsel can navigate ethical obligations in the United States and Europe even when the rules in these different jurisdictions are not necessarily the same.
Raising Private Equity - Observations from the Trenches and Legal Structuring (May 28, 2015) Moderated by Tom Salley of Cooley LLP. Panelists will include GCs who have raised private equity, and Private Equity Investor. Is your company in high-growth mode and considering (or in the midst of) raising private equity? Maybe you need investment capital to accelerate market share, or to scale products, or to pursue international expansion opportunities. Or perhaps you need to restructure the balance sheet, or are looking for liquidity. This event will feature General Counsels who have successfully raised private equity who will share their success stories, lessons learned and practical legal solutions. Discussion will include: What can you do to put yourself in the best position to be a PE target? What does a PE transaction looks like for the company, including its management? Where are the trouble spots typically seen in a PE deal, and how to resolve them? What are the primary legal issues and pitfalls that can either propel or derail a deal? What are the practical solutions?
Practical Strategies and Tips for Responding to Warning Letters and Licensing “Invitations” (May 21, 2015) Presented by Paul Devinsky and Art Sokolov of McDermott Will & Emery LLP and an in-house panelist. When your company receives a letter claiming that its best-selling product infringes multiple patents and demands your company cease such behavior or agree to take a "reasonable" license, how you respond will depend on certain factors. Whether the letter came from an obscure company or from a major competitor is just one of many critical factors in formulating your response. This program will explain the key strategic differences between notice/warning letters sent by Non-Practicing Entities (sometimes called patent trolls) and those sent by competitors. The program will also provide practical advice for evaluating, litigating, and winning your case against either an NPE or a competitor in court and before the US Patent Office (using recently available post issuance proceedings) In addition, the program will offer tips and best practices that can be implemented in-house so you will feel confident and prepared to act if, or -- more likely when -- the next such letter arrives.
Dealing with the IRS – Best Practices for Avoiding an Audit and How to Navigate the Process if Your Organization is Selected (May 12, 2015) Presented by Douglas W. Charnas, G. William (Will) Tysse, and Bradley A. Ridlehoover of McGuireWoods LLP, and George Wilson of CliftonLarsonAllen. Moderated by Marlis Carson, Senior Vice President and General Counsel, National Council of Farmer Cooperatives Is your organization correctly reporting unrelated business income and executive compensation? Learn best practices for managing the issues the IRS is most likely to examine and how to respond if you get an IRS notice. Who should you call? What staff should be involved in responding? This program will offer practical advice for prioritizing your compliance policies and marshalling your resources in the event of an audit.
Navigating Bid Protests in 2015 (May 7, 2015) Presented by Ralph White, GAO, Managing Associate General Counsel, Procurement Law; James Boland of Venable LLP and an in-house panelist. Moderated by Bill Walsh of Venable LLP. With federal procurement spending on the decline over the past several years, competition for government contracts is tougher than ever. In this difficult industry landscape, the ability to successfully challenge and defend contract awards through bid protest litigation is crucial. This program will cover a broad range of bid protest topics, including selection of the most advantageous protest forum, organizational conflicts of interest, and issues related to agency corrective action.
Starting at a Start-Up: What Lawyers Need To Know and Do (April 24, 2015) Panelists: Josh Galper of Personal Rob Lavet of Social Finance, Inc. Andy Olek of WeddingWire Justin Tan of Digital Signal Corporation (and formerly of Blackboard) Joe Titlebaum of Mezzobit (and formerly of XM Satellite Radio) Moderated by Mike Lincoln of Cooley. It starts with an idea and - perhaps - a "back of the napkin" outline. As the founders of a start-up begin to put "meat on the bones," there are a host of legal issues that arise and must be addressed - some include: corporate structure and governance, customer and vendor contracts, regulatory requirements and privacy issues, and more. At what point should you strongly consider bringing a lawyer on board? What skill set or experiences should that lawyer have, and what are the essential tasks she/he should tackle when they join? If you are not yet ready to hire an in-house attorney, what are the options for getting a go-to legal consultant? Our discussion of these questions (and more) will be geared to lawyers who are at emerging and growth stage companies or who are interested in joining one, and CEOs, COOs and/or CFOs at companies that are at the stage where they want and need a legal consultant on a regular basis.
U.S. Trade Sanctions Including Those on Cuba, Russia, and Iran (April 22, 2015) Presented by Baruch Weiss, Amy Jeffress and John Barker of Arnold & Porter LLP and an in-house panelist. President Obama recently announced a loosening of the Cuba sanctions. The President did not announce the lifting of all sanctions, nor could he, given that many of them are embedded in legislation rather than regulation or Executive Order. Meanwhile, the US and EU has imposed an array of particularly complex economic sanctions in the Ukraine's Crimea region. And at the same time, the U.S. and its partners are converging on a deal with Iran regarding its nuclear program. This deal could result in the removal of sanctions over time - but it could also trigger new U.S. sanctions legislation. But what does all of this really mean for multinationals or exporters interested in (or currently) doing business in these countries? US companies and anyone doing business in these regions (or with Russia or Iran generally) need to be aware of the impacts these sanctions have and how one should operate in the global marketplace. This program will provide an overview of these sanctions, explain how they work, and how they differ from prior sanction regimes. The program will also cover the US Department of the Treasury's Office of Foreign Assets Control (OFAC)'s intensified enforcement efforts and how companies can and should develop an effective compliance program.
The Road Ahead for Government Contractors (April 9, 2015) Presented by Paul Debolt and Rob Burton of Venable LLP; Alan Chvotkin, Executive Vice President & Counsel, Professional Services Council; Kenneth Dodds, Director, Office of Policy, Planning & Liaison, Small Business Association; Kevin Plexico, Vice President, Information Solutions, Deltek. Join us for a look a look at the road ahead for government contractors in 2015. We will cover the following topics: What impact will the midterm elections have on government contractors? What will procurement budgets look like in 2015 and beyond? Which areas present the greatest growth opportunities for government contractors? What is the health of the Government Contracts community? What are the "hot" regulatory issues for small businesses? What legal issues should government contractors be aware of in 2015? What are some of the legislative trends that will impact government contractors in 2015?
The World of Sponsored Claims- Being Caught in the Middle (April 8, 2015) Presented by Stephen McBrady, Skye Mathieson and Jason Crawford of Crowell & Moring LLP; and an in-house panelist. Prime contractors and their subcontractors often find themselves in disputes based on the actions of the contracting agency. Come join us as a panel of experts discuss sponsored claims, and share their insights for prime contractors and subcontractors performing work on federal projects who are faced with the prospect of litigating a sponsored claim. We will discuss some of the unique issues associated with sponsored claims, and ways to navigate and mitigate those risks. This is a program no prime or sub should miss!
Accounting Basics for Lawyers – What In-House Counsel Needs to Know About Financial Statements and Current Accounting Issues (March 31, 2015) Presented by Bernie Woolfley and Kevin Davis from Navigant Consulting. During the course of their work, in-house counsel can develop a very detailed understanding of their company's business operations. But, when it comes to the accounting function, many don't have the tools they need to fully understand the work of their accountant counterparts. Presented by consultants who routinely work with attorneys, this presentation will include a primer on understanding how transactions are recorded, how financial statements work and key ratios used by those who review financial statements. In addition, the speakers will discuss some of the accounting related strategies that have historically been used by unscrupulous accountants to conceal losses or inflate earnings. Finally, attendees will be presented with a list of key risk areas in the accounting function that in-house counsel should be aware of as they work to manage the company's overall risk.
Preparing for and Managing Employment and Benefits Issues in Corporate M&A and IPO Transactions (March 26, 2015) Presented by Betsy Lewis and Dave Walsh of Cooley LLP; Jennifer Allen, Vice President and Associate General Counsel for M&A, BAE Systems, Inc.; and Emily Glendinning, Associate General Counsel for Employment and Labor, BAE Systems, Inc. This program will cover the role of employment and benefits counsel in corporate transactions, flagging likely problem areas and providing practical tips for successfully resolving them.
Ending Human Trafficking in Government Contracts (March 18, 2015) Presented by Karen Manos and Hank Moon of Gibson Dunn & Crutcher and Julie Protas, Chief Legal Officer, Constellis Group, Inc. On January 29, 2015, the DOD, NASA, and GSA published their final anti-trafficking rule to comply with Executive Order 13627, "Strengthening Protections Against Trafficking in Persons in Federal Contracts," which required changes to the FAR to bolster the government's zero-tolerance policy on human trafficking. The new requirements apply to all new contracts and all future orders on existing IDIQ contracts, and expand the substantive and reporting obligations of all federal contractors and subcontractors to combat human trafficking. There are additional obligations for contractors and subcontractors where a portion of the contract is performed outside the U.S. and exceeds $500,000 (excluding COTS items), and additional requirements for DoD contracts. This panel will provide a detailed analysis of these new anti-trafficking rules and answer questions on what government contractors need to do to become compliant.
Key Steps to Take When the FTC Investigates Your Company’s Privacy Practices (March 10, 2015) Presented by Anthony Pierce of Akin, Gump Strauss Hauer & Feld LLP; Jacqueline Connor, Federal Trade Commission, Bureau of Consumer Protection, Division of Privacy and Identity Protection; and an in-house panelist. When the FTC investigates a company's privacy or data security practices, the agency has many tools available to it, including Civil Investigative Demands ("CIDs"), which are judicially enforceable demands for documents and written answers to questions. There are many considerations to keep in mind when responding to a CID. These considerations will shape both the FTC's determination as well as any future potential litigation. This program will include a panel of experts who will offer practical suggestions and best practices to address the rapidly evolving legal environment related to FTC privacy investigations. The presentation will cover topics such as privilege issues in the CID context, appropriate litigation holds, the role of your e-Discovery team, confidential treatment of the response, how to prepare for witness interviews, issues related to competitors and business partners, various resolutions of the investigation, and publicity and disclosure issues.
Spotlight on India (March 5, 2015) Presented by Richard Smith, Sherina Petit and Aditya Rebbapragada of Norton Rose Fulbright, and an in-house counsel. India is rapidly re-establishing its place in the emerging market economy. New political leadership and a new central banker have revived investors' enthusiasm about India's growth prospects. But if you are an international business that wants to establish operations in India, or invest in an Indian business, what corporate and regulatory processes would you need to deal with? What are the pitfalls to watch for, and how would legal disputes be resolved? The panel will describe the process of setting up and financing a business in India, key issues relating to compliance with foreign exchange management rules, taking security over assets and rights of secured creditors in India. The session will also cover the regulatory framework under the Indian arbitration laws and speak to how corrupt practices by foreign businesses in India are addressed.
What is an Audit, Anyway? Best Practices for Working With Your Auditors (February 19, 2015) Presented by Tom White of WilmerHale, Albert Vondra, Partner, PwC, and an in-house counsel. The annual external financial statement audit and quarterly auditor reviews are a major project for your company's finance and accounting staff. Audits also require input from in-house counsel, both in advising management and interacting directly with the auditors. Our panelists will provide insight into the principal aspects of the audit process, including the role of the auditor versus that of management, the major steps involved in an audit, audit timing and the role of the auditors in other aspects of the financial reporting process, such as earnings releases and SEC filings. We will also focus on management's interrelationship with the auditors, including management representations and privilege and other issues surrounding in-house counsel's communications with the auditors about legal matters.
Government Contractors Forum: Key Headlines and Takeaways from 2014 in the Government Contracts World and a Look Ahead at 2015 (February 12, 2015) Presented by Kara Sacilotto of Wiley Rein LLP; Rob Chamberlin of McBee Strategic; and Mark Nackman, Vice President & Deputy General Counsel, General Dynamics - Mission Systems. Moderated by Paul Khoury of Wiley Rein LLP. What are the few most important statutory, regulatory and case law developments of 2014 that contractors should care about? And what's coming down the road in 2015 that contractors need to be ready for? From executive orders to cyber security initiatives to proposed suspension and debarment reforms to a case that may make dealing with DCAA audits more difficult, we will highlight the developments contractors should be aware of and address. We will also take a look ahead. The Department of Justice recovered nearly $6 billion in False Claims Act (FCA) recoveries from contractors in 2014. Should you make any changes as a result for 2015?
Project Thrive Information Session (February 10, 2015) Owning and running a business is not easy, even if you have a great idea and the willingness to work hard. Womble Carlyle and ACC National Capital Region are collaborating on Project Thrive to help local Northern Virginia small business owners of limited economic means address the legal challenges involved in setting up a new business (e.g., forming an entity, negotiating a lease, developing basic contracts and license agreements). Through this program, we will provide eligible entrepreneurs and business owners with advice and/or help prepare documents. We are working with the Community Business Partnership and the Northern Virginia Pro Bono Law Center on this project. A perfect pro bono activity for business lawyers: Members of our chapter will work alongside attorneys from Womble Carlyle to help these businesses with a discrete project. There are two types of opportunities to participate: Spending one hour on a weekday morning to meet with the potential client and determine the scope of service the client needs. Working on a client's matter once the project scope has been established.
Essential Knowledge for the New (or Aspiring) GC – A Corporate Law Primer (January 28, 2015) Presented by Greg Giammittorio of Morrison & Foerster LLP and in-house panelists. This program will explore key corporate law items essential for new general counsels, aspiring general counsels, and all in-house counsel that want a valuable introduction to key corporate law concepts to expand legal acumen and insight into this area of the law. We will focus on an overview of the top corporate governance and corporate transactional issues that will invariably confront a General Counsel of a mid-sized private or public company. The panel will explore topics including fiduciary duties of the board and officers, dealing with shareholders, holding effective board meetings, managing option plans, recent Delaware corporate and LLC law developments, and planning for key types of corporate transactions. Come away with deeper insights or new perspectives as you learn and share with this dynamic panel. This program is open to and valuable for all in-house counsel!
Global Sourcing & Supply Chain Arrangements - Unseen Risks and Opportunities (January 27, 2015) Presented by Sonia Baldia of Kilpatrick Townsend & Stockton LLP and Chris Shen, Senior Attorney, Intel Corporation. With escalating pressure on corporate profitability, more companies are turning to strategic global sourcing and supply chain solutions to effectively reduce costs and gain efficiencies. Such solutions with globally distributed supplier networks present many critical risks and challenges that must be fully understood and effectively managed upfront to realize potential benefits from such arrangements. This session will focus on the key legal and business risks in global sourcing from a customer's perspective and provide practical tips regarding vendor management and contractual protections in increasingly complex global supply chain.
Protecting Trademarks and Brands in the Expanding World of gTLDs (January 27, 2016) Presented by Jim Davis of Arent Fox LLP and an in-house panelist. More than two years have passed since ICANN launched the new gTLD program. Since then 500 new gTLDs have been delegated, and many hundred more are in the pipeline. Rumors of a second launch are circulating. The dust is starting to settle after the initial launch and much has been learned. Many of the concerns expressed years ago by brand owners have come to fruition, while others have so far proven to be unwarranted. But it is undeniable that the domain name landscape has irrevocably changed and companies must adopt new enforcement strategies to protect their brands. This program will provide an updated summary of the new gTLD launch and provide practical tips for effectively and efficiently protecting your brands against increasingly-sophisticated cybersquatters, infringers, phishers and others intent on confusing and deceiving consumers.
Non-Profits & Associations Forum: Exempt Organizations (2014) Year in Review (January 22, 2015) Presented by Celia Roady and Alexander Reid of Morgan Lewis and an in-house counsel. This program will review the past year's significant developments impacting exempt organizations. We will also discuss what to expect from the Treasury/IRS in 2015 as well as current IRS audit trends.
Protecting Your Blind Side – Contract Drafting from a Litigator’s Perspective (January 15, 2015) Presented by Andrew Shipley of Perkins Coie LLP and Padraic Fennelly, Chief Counsel, Litigation, Boeing Defense, Space & Security, The Boeing Company. Your business people are pushing to get the deal done, so you focus on the few business sticking points but don't really think about the standard terms and conditions you see all the time in your contracts. But, imprecisely drafted contracts can easily lead to vigorously contested disputes, including litigation, regarding the parties' respective rights and obligations. Often, such disputes arise from differing interpretations as to what supposedly standard terms and conditions actually mean. This program provides practical advice, borne from the crucible of litigation, on how to spot potentially problematic contract terms and avoid being blindsided by them.
WMACCA Government Contractors Forum: Executive Orders - The Straw(s) That Are Breaking the Camel's Back? (December 16, 2014) Presented by Anthony Anikeeff of Williams Mullen and an in-house panelist. The onslaught of Executive Orders and regulations in the employment area, combined with new reporting expectations for parts and perhaps an emerging implicit "standard" for cyber security, among other requirements are greatly increasing compliance burdens on contractors. Throwing up one's hands in defeat is not an option so this session will unpack the details and explore how one can go about tackling them in a reasonable manner.
WMACCA Litigation Forum: Practical Tips For Working With The Government In An Investigation (December 10, 2014) Presented by Juliet M. Hanna, Associate General Counsel, Fannie Mae; Jerami Kemnitz, Senior Discovery Counsel, Global Head of eDiscovery, Wells Fargo, N.A.; Glenn Melcher, eDiscovery and Information Governance Attorney, Consumer Financial Protection Bureau; and Patrick Oot of Shook, Hardy & Bacon, LLP (former Special Counsel, United States Securities Commission). Moderated by Mike Zito of Shook, Hardy & Bacon LLP. It's no secret that investigative landscape is at the top of the board's agenda when analyzing company. Even so, large organizations must understand how state and federal agencies seek access to company data assets through legitimate processes and what technology issues regulators are interested in. The panel will introduce a series of hypotheticals to help counsel understand best practices and guidelines for working with the government. We will provide practical advice and key takeaways for how best to work with the government generally, including the Securities and Exchange Commission and Department of Justice; the differences in working with state and federal agencies; the benefit of effective compliance programs, early reporting and credit for cooperation; negotiation of scope and burden and cost-shifting for non-core requests; key investigative trends at regulators, including compliance officer liability, the use of computer forensics, computer analytics, information governance, recordkeeping, protecting privilege and matter closure; and how agencies make Civil Investigative Demands on organizations for data production from sources inside and outside the firewall - with and without notice to data holders.
ICE Cold Predictions For This Winter - Immigration Compliance Will Be A Priority (December 9, 2014) Presented by Dawn M. Lurie of Polsinelli, P.C.; John Connelly, Deputy Executive Associate Director Department of Homeland Security (DHS)-Immigration and Customs Enforcement (ICE) Homeland Security Investigations; Julie Myers Wood of Guidepost Solutions (former Assistant Secretary of DHS-ICE); and an in-house panelist. With the elections now behind us immigration reform is poised to take center stage. The President has promised executive action before the end of the year and Congress is well aware of the issues the country faces with millions of unauthorized persons in the U.S. ICE's strategy prioritizes the use of criminal prosecutions against egregious employers but also utilizes administrative tools to effectuate overall worksite enforcement targeting Form I-9 and related violations. This means employers must understand their responsibilities and proactively evaluate the state of their current immigration compliance. This program will focus on the current enforcement climate; suggest best practices, resources and standard operating procedures to significantly minimize immigration related exposure and liability; and will offer practical advice on how to prepare for any executive action that might be taken.
Third Party Risk in an FCPA World (December 4, 2014) Presented by Charles Duross of Morrison &Foerster LLP (former head of DOJ's FCPA unit) and in-house panelist. Agents, consultants, distributors, channel partners, suppliers . . . No matter what you call them or where you hire them, third parties are your biggest FCPA risk area. What can you do to protect yourself and your company from FCPA violations caused by third parties? This program will look at the current FCPA landscape from the perspective of the recent head of DOJ's FCPA Unit who oversaw all criminal investigations and prosecutions of FCPA matters in the United States for four years, during which time more than $1.9 billion in penalties were levied against more than 40 corporations with dozens of business executives charged with FCPA and related offenses. We will focus on the proper risk-based vetting, on boarding, and monitoring of third parties. In a world where aggressive foreign bribery enforcement is the "new normal," our panel will show you how to target the biggest risk area in an effective and efficient manner.
WMACCA in Richmond: FMLA, ADA or Both? An Advanced Discussion of Complex Leave Issues (December 2, 2014) Human resources professionals, in-house counsel, and business leaders must constantly balance the needs of their businesses with the requirements of the ADA and FMLA. Without the proper procedures, protocols, policies, forms, internal training, and fundamental knowledge of the law and what it requires, ADA and FMLA compliance is difficult to maintain. During this seminar, we will review recent developments under the ADA and FMLA, discuss the interplay between these laws, and cover, step-by-step, how employers should administer FMLA leave and engage in the interactive accommodation process under the ADA.
Mobile Payments In A Global Economy (November 19, 2014) Presented by Veronica McGregor of Hogan Lovells and an in-house panelist. Mobile payments are on the rise and if your company accepts mobile payments from customers in the U.S. or abroad, there are a multitude of applicable legal issues and regulations: consumer protection, cybersecurity, privacy, financial market integrity issues just to name a few. To make matters more complex, the legal framework surrounding mobile payments are evolving to keep up with technological evolutions and other risk issues raised by mobile payments. These issues are encountered in a broad range of manners: payment systems, mobile banking, mobile payments and m-commerce, consumer lending, privacy, online business, anti-money laundering compliance, and software and technology licensing. Affected companies include banks, payment system providers, wireless carriers, gaming developers, virtual currency/property trading platforms, online and physical retailers, social networking companies, online service providers, and software developers, basically any company that engages in moving money from person to person or place to place. We will help you navigate this quickly evolving area highlighting the landmines of mobile payments that are encountered in the U.S. and abroad.
Practical Impact of Export Control Reform for Government Contractors (November 18, 2014) Presented by Kevin J. Wolf, Assistant Secretary of Commerce for Export Administration, Bureau of Industry and Security, U.S. Department of Commerce, Karen McGee of Barnes & Thornburg LLP and an in-house panelist. Moderated by Linda Weinberg of Barnes & Thornburg LLP. Within the last year, as a result of Export Control Reform (ECR) initiatives, the U.S. Export Control regulations have experienced the most profound changes in decades. The rewrite of the U.S. Munitions List under the International Traffic in Arms Regulations (ITAR) and the transition of many parts and components to the Export Administration Regulations (EAR) introduce many government contractors to an entirely different regulatory regime and unfamiliar compliance framework, a new set of interpretive issues, and increased risk of costly mistakes in compliance. In this session, a panel of experts from government and industry will: (a) update you on the changing regime; (b) provide practical advice to in-house counsel on the impact of these fundamental changes; (c) suggest best practices to significantly reduce risks in such areas as supply chain, foreign national employees, defense services, M&A transactions, and enforcement; and, (d) identify the latest developments and predictions for the future. This program will provide corporate counsel with a useful guide to this rapidly changing area
Tools To Help You Guide Your CEO In Choosing a Transaction Strategy (November 5, 2014) Presented by David Sanders of Foley & Lardner LLP and an in-house panelist. When should your company enter into an M&A acquisition versus a joint venture, versus a strategic alliance, versus a license agreement? What about opening a brand new facility? What are the pros and cons of each of those and other transaction structures? This program will explain the various business and legal factors that GCs, CEOs and CFOs use to determine how to structure strategic transactions and acquisitions, ranging from a purchase and sale, a joint venture, an IP license or green-fielding. Key issues center around building and preserving employee loyalty, leveraging financial assets and purchasing power, protecting IP rights, vertical and horizontal business plan execution, maintaining and increasing manufacturing volume, speed and quality, and more.
Ebola: What You Need To Know (October 31, 2014) Presenters include Garen Dodge, Brad Hammock, Mike Soltis, Joe Lazzarotti, and Douglas Smith of Jackson Lewis PC.
The spread of Ebola Hemorrhagic Fever (EHF) and the incidence of Ebola cases in the United States have raised issues for employers and employees on the appropriate workplace responses. Join attorneys from national labor and employment law firm Jackson Lewis for an interactive discussion of what you need to know about the potential of Ebola in the workplace. Speakers will cover Ebola concerns from a variety of perspectives including: Workplace Safety and Health, including Measures to Protect Employees Leave and Health Management Labor Relations Workplace Privacy, and Congressional Efforts
Thinking Globally About Discovery - Offensive and Defensive Strategies (October 21, 2014) Presented by Paul Butler, Chuck Connolly and Nicole Sprinzen of Akin Gump Strauss Hauer & Feld LLP and Stephen J. Spiegelhalter, Counsel, Trust & Compliance Officer, Global Risk and Investigations, Global Investigations Team, IBM. If your company is in litigation and has to conduct discovery abroad or if one of your foreign entitles is the recipient of a discovery request, you may find yourself in a whole new world. What is discoverable abroad? What privileges attach? How do the data privacy laws in other countries impact discovery? Is discovery easier globally if you are in litigation or arbitration? What is the impact of the Hague Convention requirements? What if you have parallel proceedings, such as a criminal investigation and an international civil litigation? The panel will highlight key issues that corporate in-house counsel face in international discovery and will also discuss country-specific strategies for success, focusing on England, China and Brazil. The panel will also discuss defensive protection of company data and information from criminal or civil discovery.
The Ever-Evolving Ukraine/Russia Sanctions Regime (October 14, 2014) Presented by Ignacio E. ("Iggy") Sanchez of DLA Piper and an in-house panelist. Starting in March of this year, the United States and European Union imposed economic sanctions in response to Russian-led actions in Ukraine. Responding to the deteriorating situation, sanctions have continued to escalate. US companies and individuals with business relationships in or related to Russia need to be aware of the potential impact - the obligations and prohibitions - that these sanctions pose for your affairs. Our program will cover navigating these restrictions. In addition, to the extent that your company has business relationships in or related to Russia that have not yet been impacted by sanctions, the program will provide useful and practical measures you should consider for your business.
Best Practices for Government Contractors on Handling Internal Investigations and Making Disclosures Under the Mandatory Disclosure Rule (October 9, 2014) Moderated by Scott Hommer, co-chair of Venable LLP's Government Contracts Practice Group. The panel will include representatives from the in-house and government communities. Like Chicken Little, government contractors may feel as though the sky is falling when faced with the disclosure obligations under the Mandatory Disclosure Rule and the threat of an internal investigation. But, fear not... Instead, join us to learn tips and best practices from the perspectives of government, in-house, and outside counsel for avoiding pitfalls and minimizing exposure to your company when conducting internal investigations and determining whether and how to make a disclosure under the Rule. The panel will cover the following questions: What do we need to disclose? What is a timely disclosure? Who should disclose? What are the potential consequences of disclosure, and How can I minimize those consequences? Additionally, panelists will discuss this year's developments on the attorney-client privilege, and provide advice for protecting the privilege during internal investigations in light of recent decisions
Navigating the Copyrights Maze (October 2, 2014) Presented by Michael Justus of Katten Muchin Rosenman LLP; Patrick Flaherty, Assistant General Counsel - Trademarks & Copyrights, Verizon; and Stephen Garfield, Director, Account Management, Copyright Clearance Center. Moderated by Roger Furey of Katten, Muchin Rosenman LLP. The digital age has transformed how content is created and distributed. Increased access to information means companies must adjust their policies to protect their intellectual property assets and avoid potentially costly violations. This panel will provide insights on how copyrights play a critical role in day-to-day operations and can help achieve strategic business objectives. We will discuss copyright trends and recent developments, provide practical guidance on compliance, and address best practices to minimize the risk of infringement claims while ensuring protection of key assets.
High Tech Raises Issues For Ethical Conduct - $30 Charge for Virginia CLE Credit (September 29, 2014) Presented by George Jones, Sidley Austin LLP, Bill Belt, Director/Discovery, Deloitte, and an in-house panelist. Advances in technology, increasing data volumes, and increasingly complex information management requirements have combined to produce new ethical challenges. Existing rules need to be adapted to a quickly expanding and changing environment or new rules need to be developed. This session will cover attorney competence, confidentiality, protection of privileged communications, cooperation and zealous representation, as well as outsourcing and supervision of attorneys/non-attorneys and how these rules are applied in the context of big data .
Please note that you can view this archive for no charge, but if you would like to receive Virginia Ethics credit, there will be a $30 charge. To receive Virginia CLE credit, please contact Debra Summers at debra.summers @wmacca.com to pay the fee and receive the form.
Independent Monitors - How to Avoid Them and How to Live With Them (September 18, 2014) Presented by Iris Bennett and Sean J. Hartigan of Smith Pachter McWhorter PLC and an in-house panelist. Moderated by John Pachter of Smith Pachter McWharter PLC. An independent monitor is not something that any company wants to have to deal with. This program will address key aspects of an effective corporate compliance program that can help your company avoid a monitorship, beginning with the concept of compliance risk assessments and how to accomplish effective risk assessments then make use of those assessments to strengthen a corporate compliance program. The panelists will also discuss steps that a company can take in the context of a government investigation or enforcement action to convince the regulator that a monitorship is not necessary. The panel will also address how monirorships can operate and what you should do to interact productively with a monitor if despite all best efforts a monitorship is imposed as part of the resolution of a criminal, civil, or administrative enforcement action by a U.S. government agency.
Managing Litigation In The Small Law Department Environment (September 11, 2014) Presented by Ifrah PLLC; Erik Feig, General Counsel, MRIS and additional panelists from small in-house law departments. For a small law department, the challenges of managing litigation can become overwhelming. Just managing expectations internally in terms the cost ,diversion and distraction of litigation can take a lot of your time. If you are not a litigator, you will have to understand the nuances of the particular type of litigation you have - an employment case is much different than a patent or government contracts litigation, for example. You will have to figure out the best way of conducting and managing discovery on a smaller scale. Join us for a discussion of these issues and more and how to develop litigation management best practices from the perspective of a small department/big company, small department/small company and small departments of public and private companies.
Moving Forward In An M&A Transaction (September 9, 2014) Presented by Scott Meza of Greenberg Traurig, LLP and Michael Bisignano, Senior Vice President & General Counsel, Blackboard, Inc. In a program last September we discussed the letter of intent as an essential roadmap for an acquisition. This session will move to the next step, looking at how several essential terms are moved forward into the definitive agreements and analyzing the core financial and risk allocation choices presented in these terms. This program will provide practical guidance for managing risk through purchase price structures and adjustments and establishing balanced indemnification clauses and carve-outs tied to representations, warranties and covenants and will highlight the do's and don'ts for negotiating and documenting these terms.
Cutting through the Complexities Making Cooperative Ventures Work (July 31, 2014) . Charities sometimes seek funding from for-profit businesses through sponsorships and commercial co-ventures. Not only do these complex transactions raise general business issues; but they implicate issues unique to nonprofits like unrelated business income, private inurement, state registration and reporting, and risk to tax-exempt status. Join us for an overview of the challenges surrounding both transaction types, as well as practical planning and drafting examples.
Government Contracts - Best Practices for Drafting Controversial Subcontract Clauses (July 30, 2014) Presented by Devon Hewitt of Protorae Law PLLC and Beth Staples, Senior Counsel, Hughes Network Systems. While the clauses included in a federal subcontract also are often used in commercial contracts, the government contracts context of clauses in a federal subcontract can change the significance and effect of commercial contract language. This panel will focus on the language of clauses included in virtually every contract: Disputes, Indemnification, Limitation on Liability; Intellectual Property and others. This panel will address the significance of these clauses in the government contracts context, identify different approaches to drafting these clauses, and discuss "best practices" with regard to language and clause usage.
Anti-Corruption Compliance and Investigations -The Asia Challenge for US Businesses (July 15, 2014) Presented by Hong Sun, Norton Rose Fulbright LLP (China), Wilson Ang, Norton Rose Fulbright LLP (Singapore), David Lee, Norton Rose Fulbright LLP (Hong Kong), Sean Joyce, Principal, Washington Metro Cybersecurity, Anti-Corruption, Intelligence at PwC (former Deputy Director at the FBI) and an in-house panelist. Moderated by Richard Smith of Norton Rose Fulbright LLP This program will provide practical guidance on the ins and outs of an effective global compliance program if you do business in Asia, with a particular focus on China, Hong Kong, Indonesia and Singapore. The program also will detail how the FCPA and the UK Bribery Act intersect with the local laws of each of these jurisdictions and will provide insight on considerations for updating your company's compliance programs.
WMACCA Litigation Forum: The Wild World of Witnesses - When Good Witnesses Go Bad (June 26, 2014) Presented by Jeff Ifrah and Michelle Cohen of Ifrah Law, JC Miller, Executive Director, Senior Counsel Litigation and Employment at XO Communications and additional in-house panelists. You think you've got the right witness lined up to testify for your company. But what do you do when things go awry? What do you do to manage the situation and protect the company when a witness in a litigation forgets everything, or changes his story, or simply does something totally wacky? Using role-playing vignettes to illustrate how things can go awry, this program will offer tactics and guidance to rectify the situation and best protect the company in the context of the over-all litigation strategy.
Compliance Issues for Non-Profit Social Media Campaigns (June 25, 2014) Presented by Sharon Nokes and Betsy Grossman of Caplin & Drysdale and an in-house panelist. Join us for a lively discussion regarding some of the legal issues that arise as nonprofits use social media to share narratives, build networks, raise revenue, engage volunteers, communicate with association members, influence policymakers, educate the public and advocate for issues and causes. For example, does "liking" a corporate donor on Facebook constitute an endorsement under the UBIT corporate sponsorship rules? Can a charity "follow" or "re-Tweet" a political candidate's commentary on Twitter without violating the prohibition against campaign intervention? Who owns a hashtag? How should your organization's document retention policy apply to online posts, tweets, and blogs? We'll also report on how non-profit regulators (IRS and AG) are viewing social media.
– How Your Insurance Contracts Impact Your Government Contract Work – and Vice Versa (June 24, 2014) Presented by Barry Fleishman and David Cox of Kilpatrick Townsend LLP; Bradley Wine of Morrison & Foerster LLP; Bill Gladden, Vice President at TM Financial Forensics, LLC; and an in-house counsel panelist. Although insurance procurement is not always handled in the legal department, it is important for in-house counsel to understand the insurance options because risk shifting is intertwined with many of the legal risks your company faces. This seminar - focused on the risks faced by government contractors - will address recognizing risks and negotiating the insurance coverage claims and dispute landscape for security, privacy, and other cyber risks; regulatory investigations and related litigation, including coverage for False Claims Act and the Foreign Corrupt Practices Act; and property damage and business interruption. In addition, the seminar will address complex accounting issues government contractors face under the FAR and other regulations related to insurance premiums, calculation of losses, and insurance recoveries.
Spotlight on Africa (June 17, 2014) Presented by Warren Drue, Hogan Lovells (Johannesburg) and an in-house panelist. Though many of your businesses are doing or would like to do business in Africa, the legal challenges faced in doing so give corporate counsel pause. Within Africa, there are diverse sets of considerations presented by each country, often with more differences than similarities. Whether the challenges are related to business differences, legal principles, variances in contract law, or compliance risk, African business and corporate laws are those with which global in-house counsel want toand shouldbecome familiar. This session led by leading South African lawyer, Warren Drue, and an in-house counsel, will navigate through the legal safari of doing business in various jurisdictions across the African continent, highlighting the significant business and legal differences counsel can expect to encounter.
Scaling A Compliance Program To Your Organization and Small Law Department (June 5, 2014) Presented by Michael Hardy of Womble Carlyle Sandridge & Rice LLP; Andrew Hirsch, Executive Director / Director General of the International Intellectual Property Institute; Matthew Selander, Assistant General Counsel and Ethics and Compliance Manager of ICF International Inc.; and Stephen Polozie, former General Counsel of The Brickman Group. Every company or non-profit - no matter how small - has laws and regulations it must comply with. Often, it falls to an already overburdened small legal department to handle compliance (or at least provide support), within the constraints of limited staffing and budget. This program will provide practical guidance from your peers on how to:
Determine whether your organization has the internal controls and procedures in place that are needed to manage the organization, and when a more formal compliance program is called for. Figure out what type, size, level of complexity, etc. works for your organization and the laws, regulations and other risks it faces. Accomplish the essential tasks of setting up a program or system that meets your organization's needs. Implement and live with your program or system, including how to measure success and address shortcomings.
Key Considerations When Your Company Is Sold to Private Equity (May 22, 2014) Presented by Frank Bacelli of Stradley Ronon Stevens & Young, LLP, and Daniel Weintraub, Managing Director and General Counsel at the Audax Group. The sale of a business to a private equity group can be a significantly different transaction than a sale to a corporate buyer. This program will review those key differences, including transaction structures, leverage (debt) used to fund the purchase price, rollover ownership, and integration as a platform company or a "tuck-in". In addition, this program will cover the practical realities for in-house counsel and others on the management team of a company owned by a financial sponsor.
Bid Protests in an Era of Shrinking Agency Budgets (May 20, 2014) Presenters include Ralph White, Managing Associate General Counsel, Government Accountability Office and an in-house counsel. Moderated by Bill Walsh of Venable LLP. As recently evident, the procurement world has experienced a significant upswing in bid protest litigation. While total government spending has decreased, the number of bid protests filed at the GAO has increased over 22 percent since 2009. But what does this increase really mean? Given this challenging fiscal environment, the ability to both effectively challenge and successfully defend awards through bid protests is more critical than ever. This program will analyze the wide spectrum of issues involved in effective protesting, from timely identification of protestable issues and areas ripe for dismissal, to techniques for securing meaningful agency corrective action. We will also explore significant protest decisions and their implications on government contractors.
WMACCA Litigation Forum: Audit Letters, Disclosures and Reserves (May 7, 2014) Presented by Andy Shipley of Perkins Coie LLC, an auditor and an in-house counsel. In-house litigators face many questions from their finance departments and outside auditors. Should a reserve be established or changed? What should be said in a disclosure to your financials? What should lawyers say in a response to an audit letter? Join our panel presenting the perspectives of outside counsel, in-house counsel, and outside auditors in navigating these issues and more, while striving to protect the attorney-client privilege.
An Insider's Practical Guide to New Procedures for Avoiding Costly IP Litigation (May 1, 2014) Presented by James T. Carmichael of Miles & Stockbridge (former Administrative Patent Judge) and Chellis Neal Gonzalez, Assistant General Counsel and Director of Patent Litigation, AOL Inc. Patent litigation is both time consuming and expensive. Patent Assertion Entities ("PAE's") sued close to 7,000 defendants in 2012, increasing both risk and costs for companies large and small. Traditionally, only companies accused of patent infringement could effectively challenge validity only in court, by asking a jury to second-guess the Patent Office decision to grant the patent. Now, under the America Invents Act, any party who wishes to challenge the validity of a patent may do so in the Patent Office. These new procedures are quicker and less expensive than litigation. The first decisions are now emerging and show the new procedures often cancel the patent and save defendants from unnecessary litigation or licensing fees. As a result, the Patent Office itself has become the primary venue for such challenges. While the new procedures can short-circuit expensive litigation, they must be handled with care. Learn about the new post-grant review process from a panel that includes a former Administrative Patent Judge and an in-house lawyer that has dealt with these procedures.
Expanding Around The Globe (April 29, 2014) Presenters include Marilyn Mooney of Norton Rose Fulbright LLP and her colleagues from China, Brazil, Dubai and the United Kingdom, as well as an in-house panelist. Your company is doing business abroad and decides to set up entities in several countries. Legal gets tasked with getting this done as soon as possible. But where do you start? This program will prepare you for the issues, challenges and pitfalls of setting up entities around the world. We will highlight what to do when you get that call to set up another foreign affiliate with local experts from Norton Rose Fulbright's offices in China, Brazil, Dubai and the United Kingdom. Make sure you are ready when you get that next call.
NIST Cyber Security Framework (April 24, 2014) Presenters include Andy Serwin of Morrison & Foerster LLP and Jeffrey Greene, Senior Policy Counsel - Cybersecurity, Symantec Corporation. In February, after a year of public-private collaboration, the Obama Administration released the much anticipated NIST Cyber Security Framework. The release of the framework has presented industry, regardless of sector, with numerous questions as to the extent the framework should be contemplated in its cyber security planning initiatives. Join us to hear from in-house legal and policy experts on their interpretation of the framework and the role it will play in guiding their organizations internal security practices.
Navigating FedRAMP, DoD Cloud Guidance, and Cloud Cybersecurity Issues (April 23, 2014) Presented by David Bodenheimer of Crowell & Moring LLP and Bradford Biegon, Senior Counsel, Hewlett Packard Enterprise Services - US Public Sector. The "Cloud First" policy, the federal budget crunches, and huge cost efficiencies - all of these factors combine to drive federal agencies relentlessly towards cloud computing solutions for their information technology (IT) needs. But is the cloud secure? Striking the right balance between adequate information security and the federal cloud transition continues to weigh upon the speed with which many agencies move to the cloud. We will address the intersection of federal cloud computing and cybersecurity standards and challenges, including: What are the key drivers behind federal cloud computing - and why is cybersecurity the key to cloud implementation? What do agencies and contractors need to know about FedRAMP, its key security requirements, and its implementation? What federal security standards are competing with FedRAMP - and what does this mean for agencies and contractors? What are the pitfalls when federal cloud security standards collide with basic acquisition policies (e.g., competition, organizational conflicts of interest, and commercial items)?
Political Activity by Tax-Exempt Organizations (April 10, 2014) Presented by Jim Kahl of Womble Carlyle (former Deputy General Counsel of the Federal Election Commission) and an in-house counsel. The 2014 election season is in full swing, and associations and other tax-exempt organizations will play a key role in both candidate promotion and issue-advocacy. At the same time tax-exempt entities continue to face an ever-increasing array of legal requirements applicable to their lobbying, political, and general government affairs activities. Indeed, federal and state prosecutors are aggressively targeting campaign finance violations, lobbying and ethics rules are in a constant state of flux, and the IRS is contemplating significant changes to its political activity rules. This panel will discuss what is permissible for your organization, including the tax, campaign finance, lobbying and ethics law risks facing tax-exempts; "best practice" compliance tips to minimize those risks; and the political activity "safe harbors" available to your organization.
Practical Tips for Litigating TROs and Preliminary Injunctions (April 9, 2014) Presented by Jerry Epstein of Jenner & Block LLP and an in-house panelist. You receive a call that your chief competitor is seeking a TRO against your company requiring a response in two hours. It's too late to consider for the first time what legal standards will apply or how to get your company ready. After briefly reviewing the core legal standards governing TROs and preliminary injunctions, our panel will focus on practical advice for in-house counsel, including immediate steps to take when faced with a request for emergency relief, whether to consider a stand-still agreement or an expedited trial on the merits (and how those decisions affect your litigation budget), bond requirements, forum selection, expedited fact investigations, and other practical and strategic issues you need to be aware of before you are faced with a two-hour or two-day deadline to respond to or file a motion for temporary injunctive relief. The panel will also focus on specific lessons learned from cases they have handled, both from a defense and plaintiff's perspective.
Protecting Attorney-Client Communications For In-House Counsel (April 8, 2014) Presented by Betsy Lewis of Cooley LLP and an in-house panelist. The scope of the attorney-client privilege is a thorny topic, but for in-house counsel, maintaining the privilege presents many challenges. What information is protected? Who is the "client?" What is legal advice and what is business advice? What if you communicate with in house counsel based abroad? What about communications with foreign non-attorneys functioning in ways similar to attorneys? With a particular emphasis on issues that arise in the employment context, ABA Model Rule 1.6 (a) and (c) and Virginia rule 1.6 (a), we will discuss the application of the rule to in-house counsel and the steps in-house counsel should take to maintain the privilege in general and in the context of investigations. We will also discuss how to prevent waiving the privilege.
Advertising Transparency in the Digital Age- (April 2, 2014) Presented by Lesley Fair, Senior Attorney, Bureau of Consumer Protection, Federal Trade Commission; W. David Hubbard, Vice President & Deputy General Counsel - Marketing, Verizon; and, Laura Brett, Staff Attorney, National Advertising Division of the Council of Better Business Bureaus. Moderated by Roger Furey of Katten Muchin Rosenman LLP. This program will bring together regulators, industry representatives, and counsel to explore a variety of business and legal issues arising in today's expanding media culture. From privacy, to native advertising, to social media endorsements, today's advertisers face a rapidly evolving set of potential legal traps. We will distill and demystify some of the most pressing issues in advertising law and explore best practices for dealing with new challenges on the horizon.
Streamlining The Movement of Your Company's Goods Across International Borders (March 27, 2014) Presented by David M. Schwartz and Kirsten Keefe of Thompson Hine LLP and an in-house panelist. With the ability to source from low cost countries and sell into new foreign markets, more companies are faced with the challenges of moving goods across borders. This session will identify the many challenges and obstacles inherent in the global movement of goods, such as bureaucratic delays, customs procedures, high costs in the supply value chain. Using hypotheticals, we will discuss solutions in your supply chain, providing practical tips for dealing with the increase in government regulatory oversight relating to global trade transactions.
It’s Not My Problem (or Is It?) – Facing a Third-Party Subpoena in Litigation (March 20, 2014) Presented by Amanda Johnson and Stanley Woodward of Akin Gump Strauss Hauer & Feld LLP and an in-house panelist. Your company may not technically be a party to the litigation, but if you receive a third-party subpoena, you will have to grapple with many complex issues. Similarly, there are many issues to consider in deciding whether to serve a third-party subpoena. Dealing with these issues from either side can be costly. This program will provide an analytical roadmap, focusing on the many issues that you will have to consider when faced with a third party subpoena, including how amendments to FRCP 45 may affect your analysis and actions; jurisdictional issues; how to best handle a legal hold, establishing undue burden, cost-shifting and confidentiality issues.
Traveling the Road to a Successful IPO – and Beyond (March 19, 2014) Presented by Stephen Glover and Andrew Fabens of Gibson Dunn & Crutcher LLP; and Larry Samuelson, General Counsel & Corporate Secretary, Cvent, Inc. Planning for a successful IPO is a time-consuming, difficult endeavor. The company's business, accounting and legal teams must prepare SEC-compliant financial statements and draft a prospectus that satisfies demanding disclosure requirements but also tells the company's story in a compelling way. The lawyers must do their best to identify -- and defuse in advance -- the issues that are most likely to attract the attention of the regulators. They must establish a governance structure that will serve the company well after it is public. They must think about how to manage the company's investment bankers, doing what that they can to ensure that the bankers provide effective execution. And their problems do not end once the IPO prices; as soon as the deal closes, counsel must address the many new demands placed on a public company. This program will provide guidance on how manage the offering process and ensure a smooth transition to post-IPO life.
How Associations Can Grow Their Membership With The Right Members With Safe Legal Boundaries (March 18, 2014) Presented by Chris Ondeck of Crowell & Moring LLP and an in-house panelist. Associations are under more pressure than ever to grow their membership base and to add additional categories of members, industry representation or financial sponsorship. Implementing innovative strategies to achieve this can be the difference between thriving and merely surviving. However, this may clash with the increasing importance of admitting only the appropriate members and not allowing entities who do not play by the rules to exploit, infiltrate or overrun the association. It is critical to employ safe legal strategies for association governance, key legal documents, and implementation to manage the legal risk involved. There are a series of new learnings and case studies on the governance strategies available to associations to balance these imperatives, and the program will provide concrete examples from recent association experiences with these governance issues, and practical guidance on how they can be implemented by attendees.
It’s All About the Bottom Line -Avoiding Litigation and Maximizing Claims in Today’s Challenging Environment (March 11, 2014) Moderated by Scott Hommer of Venable LLP. Operating in the age of sequestration and shrinking budgets, government contractors must continually adapt to the now well-worn principle to "do more with less." But contractors may not always see eye-to-eye with each other, or with their government customer. So in these trying times, how can contractors avoid litigation and disputes? And how can contractors maximize legitimate claims? Our panelists will focus on how to avoid government contractor-related litigation through a discussion of the best practices and techniques contractors should engage to anticipate, manage and mitigate contract risks. Panelists will also explore how to effectively manage an REA or claim against the government and increase your company's prospects for recovery if a dispute with the government is unavoidable. Please join us for an in-depth discussion of how the added complexities of the current contracting environment are impacting contractor-contractor as well as contractor-government relationships, and what can be done to minimize risk and maximize recovery in the event of litigation.
Global Joint Ventures – The Keys to Success (February 27, 2014) Presented by Olesya Barsukova-Bakar (Partner, Hogan Lovells US LLP), David Levin (Partner, Hogan Lovells, London) and an in-house panelist. A joint venture can be a perfect answer to a company's expansion strategy or a viable alternative to gain access to capital or to a foreign market, and justifiably, has been gaining popularity in recent years. While seemingly a simple solution to implement a company's strategic goals, joint ventures may become a nightmare for any business if not properly executed. Please join us as we take a global composite view of traditional areas on which joint venture success or failure may turn, and provide numerous examples of contract provisions, strategies and legal considerations that can make the world of difference for your business. This panel will help you to diffuse the potential landmines embedded in establishing, operating and exiting joint ventures wherever you do business.
The New Focus on Audit Committees (February 26, 2014) Presented by Thomas W. White, Partner, WilmerHale; Mary Ann Cloyd, Leader, PwC Center for Board Governance; and an in-house panelist. New regulatory developments, including initiatives by the SEC and Public Company Accounting Oversight Board, have placed a renewed emphasis on the duties and responsibilities of the public company audit committee. Regulators continue to emphasize the importance of the audit committee in overseeing the company's financial reporting process and independent auditors, and to add to the list of matters the audit committee should consider in this process. In addition, regulators and others have advanced proposals on matters such as mandatory audit firm rotation, expanded auditor reporting, and enhanced disclosure about the work of audit committees. We will provide insight into these current developments and help in-house lawyers advice their management and audit committees about the rapidly-changing audit committee environment.
What Every Government Contractor Needs to Know About Preventing and Dealing with Cyber Attacks or Data Breach (February 12, 2014) Presented by Kenneth L. Chernof of Arnold & Porter LLP, Charles Blanchard of Arnold & Porter LLP (former General Counsel, United States Air Force) and an in-house panelist. Each year the government increases its oversight of information security. Government contractors continue to remain extremely vulnerable to risks posed by cyber attacks and data breaches. While corporations have their own internal compliance requirements, each government agency has unique regulations as well. Combined, this can be extraordinarily complex and hard to manage. Once a corporation experiences a data breach, the implications can be massive (i.e. loss of data; canceled contracts; testifying before a Congressional Committee; debarment). It's critical to be prepared! This panel will guide you through the scope of cyber threats to government contractors and the importance of taking protective measures to comply with regulations set out by various agencies.
Antitrust Risk Management – Effective Techniques for In House Counsel (February 5, 2014) Presented by Joe Winterscheid, Jon Dubrow and Carla Hine at McDermott Will & Emery LLP and an in-house panelist. This program will offer practical guidance on how organizations can deal with their competitors and customers while managing their antitrust risks and reducing their legal budgets. Companies have a variety of legitimate reasons for dealing with competitors, such as acquisitions, joint ventures, teaming agreements, joint purchasing arrangements and trade associations. Even those legitimate interactions can create antitrust exposure that needs to be managed. Recent developments have also presented new counseling challenges in the area of distribution practices. The panel will address how to remain on the right side of the line, and how to spot and manage other types of conduct that are more likely to create exposure, including enforcement activities related to public "signaling" by competitors, joint bids for properties or assets, and no-hire or no-solicitation arrangements, and distribution practices "hot spots". The panel will discuss approaches they have seen in-house counsel employ that have been particularly effective in early spotting of issues to avoid or manage risk, and also steps companies can take to manage their costs and budgets while remaining highly compliant. The panel's advice will be applicable to a variety of organizations, including manufacturers, distributors, retailers, service providers and trade associations.
Trends in Supply Chain Risk and Litigation (January 28, 2014) Presented by Gilbert LLP and an in-house panelist. In today's global economy, organizations in all industry sectors are connected in ways never before seen or anticipated. This interconnectivity among organizations has come to be called the "supply chain." But this concept goes far beyond goods in transportation - computer data services, financial transactions, indeed almost every aspect of a business will be dependent on - or provide - upstream or downstream services. Interruptions to supply chains can cause financial catastrophe and huge legal risk. This presentation will discuss these risks and challenges, introduce methods to transfer risk within the supply chain, and discuss the uses and limitations of insurance to cover supply chain risk.
Exempt Organizations (2013) Year in Review (January 16, 2014) Presenters include Diara M. Holmes and Michael W. Durham of Caplin & Drysdale. In this program, Members of Caplin & Drysdale's Exempt Organizations practice group will review key regulatory developments impacting exempt organizations - including published IRS/Treasury guidance, legislative developments, and court decisions from 2013. We will also discuss the Treasury/IRS Priority Guidance Plan for FY 2013-2014, which highlights focus areas for guidance projects in the coming year.
Contract Management Systems - Starting from Scratch (January 15, 2014) Presented by Bill Karazsia, Assistant General Counsel, National Student Clearinghouse; Rhonda Lees, Vice President, Legal Affairs, American Diabetes Association; Christian A. Ortego, Senior Counsel, Huntington Ingalls Industries, Inc.; and Lamont Jones, Assistant General Counsel, The Aspen Institute. This program focuses on solutions for managing your organization's contract process from the ground up. The panel will discuss the following "how tos": building your requirements list and using it to guide you to your solution, understanding the contract management marketplace, working with your IT, purchasing and finance departments to align around essential commitments, and managing the evolving legal requirements of information privacy and data security. The panel will also offer a variety of techniques for how to measure the efficacy and return on investment of your selected contract management tool, a critical component of seeking and maintaining executive support for your "from scratch" contract management solution.
Do You Know Where the Money Is? Embezzlement and Diversion of Assets in the Electronic Age (December 17, 2013) Presented by Marcus Owens and Mark Matthews of Caplin and Drysdale and an in-house panelist. Nonprofit entities are under increasing scrutiny regarding stewardship of their resources, including their internal controls and business practices. Whether funding comes from individual and corporate donations, private foundation grants or government grants, nonprofit organizations are under the spotlight to be ever more vigilant in protecting their assets. A quick read of the Washington Post's recent investigative reporting regarding "significant asset diversions" reported by prominent national charities provides ample evidence of the importance of having appropriate checks in place. Moreover, we know that once a nonprofit organization's managers discover a diversion of charitable resources, they will be judgedby federal and state regulators, the press, donors and other stakeholders-- by how well they handle the situation. This session will provide a practical approach for in-house counsel to take when faced with possible mismanagement of funds including: the steps necessary to detect a diversion, how to manage the internal investigation, the range of potential corrective actions, the process for addressing required disclosures to Federal and State authorities, and, time allowing, a quick discussion on media and constituent outreach.
A Discussion of the Increased Enforcement Actions Against In-House Counsel (December 4, 2013) Presented by Chuck Connolly of Akin Gump Strauss Hauer & Feld LLP (formerly the Chief of the Financial Crimes and Public Corruption Unit of the U.S. Attorney's Office for the Eastern District of Virginia and with the Department of Justice for over ten years) and an in-house panelist. The number of enforcement actions brought against in-house counsel by Government agencies, including the Department of Justice, has increased in recent years and this trend is likely to continue. This has occurred in part because the agencies view in-house counsel as "gatekeepers" who are often in the best position to prevent or discover fraud in the first instance. This panel will focus on some of these recent enforcement actions and provide practical tips to help in-house counsel avoid becoming a subject of these investigations.
Protecting Your IP From Uncle Sam (November 12, 2013) Presented by Jon Bockman (IP) and Tina Reynolds (GovCon) of Morrison & Foerster LLP and an in-house panelist. Companies doing business with the federal government must be keenly aware of how to protect their intellectual property and what ownership rights the government (and its contractors) will obtain. This panel will discuss inventions, technical data, patents and copyrights, ownership and licenses, and ways to protect IP during both the contract formation process and contract performance. Attendees will walk away armed with a better understanding of the government's rights and how their company's IP can be better protected.
The “Dos” of International Diligence (November 6, 2013) Presented by Richard Smith of Norton Rose Fulbright LLP; Glenn Ware, Esq, Principal PricewaterhouseCoopers; and Jake Phillips, Chief Counsel at the Boeing Company. Moderated by Marilyn Mooney of Norton Rose Fulbright LLP. Whether it's appointing a new distributor or strategic partner or considering an acquisition or strategic investment abroad, sound corporate practice requires that you conduct a measure of due diligence on the other entity. While standards and practices for due diligence may be well understood in the US, it can be a whole different ballgame overseas. Simply taking your existing process overseas won't always produce the right results: and how do you know you're asking the right questions? Our panel will discuss some of the challenges faced when doing diligence overseas as well as some practical advice for diligence in problematic jurisdictions."
Roadmap to Defensible Deletion And Efficient Retention Of Company Data (November 5, 2013) Presented by Jennifer Rearden of Gibson Dunn LLP; Raquel Tamez, Deputy General Counsel - Global Litigation and e-Discovery, CSC; and David White of AlixPartners LLP. Moderated by Tom Antisdel of AlixPartners LLP. We all suspect that our organizations store too much information, which drives up eDiscovery and IT costs, and also impairs operational efficiency. Excess stored information also increases privacy and legal compliance risks and makes it difficult to apply a records retention policy. We also know that measuring these impacts and presenting them in a concise way to win executive buy-in to support and fund cleanup initiatives can be very challenging. In the context of today's information governance landscape, the panel will discuss best practices and practical approaches for establishing an information lifecycle program, measuring current and prospective costs and risks, and making the business case for better managing retention requirements and cleaning up unneeded data debris.
What Should Contractors Do When The Government Doesn’t Consistently Hit The OCI Target (October 24, 2013) Hosted by Venable LLP. We live in an environment of seemingly more, but not better, scrutiny by Federal agencies. The challenges contractors encounter in keeping up with the uncertainty surrounding the Government's position on Organizational Conflicts of Interest (OCI) continues to intensify. Unfortunately, the Government can't seem to get it straight. So what should contractors do? This program will focus on the principal ways in which contractors should prepare and respond to OCI challenges. This panel will address current OCI issues, including significant OCI issues in bid protests, how OCI considerations affect corporate reorganizations and acquisitions, and what, if anything, can be done to avoid False Claims Act allegations for OCIs.
Why You Should be Pinterested – Best Practices for Protecting Your Brand, Properly Crediting Partners and Profiting From Pinterest (October 8, 2013) Presented by Lindsay Victor and Eric Kracov of Kilpatrick Townsend & Stockton LLP and an in-house panelist. Pinterest is the fastest growing social media platform today and the third largest platform behind Facebook and Twitter. It is marketing's dream, but could be legal's worst nightmare. What does your company need to know about managing the intellectual property risks of using Pinterest? How can your company protect the misuse of its own intellectual property? And how can your company use Pinterest to its benefit? Join us for a panel discussing the copyright and other legal issues surrounding Pinterest, including best practices to minimize the risk and possibly even increase your profits.
WMACCA Richmond - Hot Topics in the New Era of Employment Law Litigation (October 7, 2013) Presented by Elizabeth Ebanks, Tevis Marshall, Amy Pocklington, and Jimmy F. Robinson, Jr., of Ogletree, Deakins, Nash, Smoak & Stewart, P.C., and an in-house attorney panelist. Employment law cases are becoming increasingly complex, and a number of new cases from the Supreme Court and appellate courts are changing the landscape. This update will make sure you are aware of the latest developments in two key areas: Retaliation Litigation and Defending EEOC Systemic Cases and Investigations. Litigating employees and their counsel have learned that retaliation may be their most valuable claimand that they can succeed even if the underlying charge of discrimination or harassment is dismissed. Attend this session to learn practical, preventive techniques to protect your company. Also, hear about key court rulings involving mistakes made by others, and the high cost of jury verdicts in retaliation cases. Plaintiffs' counsels are not the only ones filing complex discrimination actions (i.e. the EEOC continues its campaign of investigating and prosecuting systemic cases), so the panelists will also discuss the best way to navigate the unique challenges presented by pattern-and-practice investigations, including responding to the EEOC's requests for information and records, interacting with EEOC counsel, understanding the peculiar procedures adopted in these cases, and recent developments in case law. (WMACCA will apply for 2.0 hours of Virginia MCLE credit.)
Ten Best Practices for Managing the Legal Challenges Presented by an Increasingly Global Workforce (September 26, 2013) Presented by Eric Bord and Elenor Peta of Morgan, Lewis & Bockius LLP and an in-house panelist. If the world is flat, then why are there so many bumpy roads? Borders may be falling for business, but governments still create obstacles to the employment of foreign national workers, and countries around the world are increasingly restrictive about who gets to enter as a visitor and who cannot enter without first obtaining a work permit. This session will equip in-house counsel to ask relevant questions, identify risky scenarios, make informed assessments, and know when to seek outside assistance in connection with the special issues presented by foreign national employees and the global visa needs of an increasingly mobile and multinational workforce. We will offer practical advice and recommendations on: front burner issues involving the employment of foreign nationals; the immigration implications of corporate transactions and reorganizations; Cross-border business travel; what recruiters need to know about foreign national talent; and, positioning your company to benefit from global talent without taking on unnecessary risk.
Playing Good Patent Dispute Defense (September 19, 2013) Presented by Blair M. Jacobs of McDermott, Will & Emery and an in-house panelist. Your company has received an ominous cease and desist letter from an unknown entity threatening to file suit unless you take a license to disclosed IP or maybe a patent infringement case has been filed against your company. What do you do next? What should you be aware of and what should you avoid doing once a patent infringement suit is filed? How do you fully and fairly assess potential exposure and risk? What can you do to make outside counsel more effective? This program will strategically walk in-house counsel through the process of analyzing the potential strength of a claim, figuring out defenses that exist to the complaint (fully appreciating the nuances involved with damages for these types of claims), setting up an internal program to gather necessary documentation and interview appropriate employees, while minimizing disruption. Counsel will leave with ideas on designing a settlement or litigation strategy geared towards maximizing the leverage generated by early strategic efforts.
Executives in DCAA Crosshairs - New Limits on Executive Compensation (September 18, 2013) Presented by Stephen D. Knight and Kathryn T. Muldoon of Smith Pachter McWhorter PLC and Dr. Thomas L. Corwin, President and Chief Operating Officer of Metron, Inc. Moderated by Steve Epstein, Chief Counsel, Ethics and Compliance, The Boeing Company. Recently DCAA has made a special target of employee compensation, executive and non-executive. Also, in the National Defense Authorization Act ("NDAA") for Fiscal Year 2012, Congress expanded the applicability of the compensation cap to all contractor employees. Now Congress is considering further compensation limitations for Fiscal Year 2014. This luncheon program will provide practical guidance on techniques for avoiding or opposing DCAA disallowances in light of the ASBCA's decisions in Metron and J.F. Taylor, as well how to plan for legislation changes.
Letters of Intent in M&A Transactions (September 17, 2013) Presented by Scott Meza of Greenberg Traurig LLP and an in-house panelist. A letter of intent (or term sheet) provides an essential roadmap for a complex acquisition and, though generally non-binding, drives the ultimate terms for the definitive agreements and dynamics of the negotiation process. Moreover, the binding terms of an LOI can have a critical strategic and practical impact on the parties. This program will review the essential elements of an LOI in an acquisition transaction and discuss strategies and do's and don'ts for negotiating and documenting letters of intent and what to do to prevent a non-binding term sheet from being enforced as a binding contract.
Don’t Litigate, Mediate – Here’s How (September 11, 2013) Presented by Timothy B. Hyland of IfrahLaw; James T. Hubler, Senior Corporate Counsel, VeriSign, Inc.; and The Honorable Stanley P. Klein (Ret.), Mediator, The McCammon Group (and retired Fairfax County Circuit Court Judge). Mediation is an increasingly popular dispute resolution mechanism as an alternative to traditional litigation, in fairly simple as well as complex litigation matters, including class actions. Our panel will discuss mediation best practices for in-house counsel, including advantages and disadvantages; selection of mediators; preparation; the mediation process; mediation statements; coordination with outside counsel; coordination with insurance carriers; and concluding the mediation.
WMACCA Richmond - More Timely Than Ever: Healthcare Reform Outlook (September 10, 2013) With the recent announcement of a one-year delay in the Affordable Care Act's employer mandate, headlines and articles abound. However, the "delay" is actually closer to just a little breathing room. Employers must now plan their 2014 payrolls to prepare for the 2015 coverage mandate, and understanding your obligations is crucial. Join us for an informative discussion on: 1. The impact of the Administration's delay of the employer mandate 2. Navigating the employer shared responsibility requirement (now effective in 2015) 3. New disclosure obligations 4. New fees
What? We Need to Review Our Criminal Background Check Policy? (July 31, 2013) Two-thirds of resumes contain material misrepresentations, nearly one-third of business failures can be traced back to poor hiring decisions, and 70 percent of negligent-hiring lawsuits are decided against employers. One way employers can reduce many of these problems is by spending more time recruiting and hiring the "best" employees. However, the EEOC has adopted new enforcement guidance, effective immediately, regarding the use of criminal background checks to screen both prospective employees as well as current employees. Under the guidance, employers are required to conduct "individualized assessments" in virtually all cases prior to denying employment to an individual because of their criminal conviction or arrest history. Please join us as we guide you step-by-step through the new EEOC criminal background check guidance, pointing out how employers can use this new guidance effectively without increasing their potential disparate impact legal exposure.
Intelligently Leveraging Open Source To Your Company’s Advantage (July 25, 2013) Presented by Jim Gatto of Pillsbury Winthrop Shaw Pittman and an in-house panelist. The growth in the number of open source projects and the rapid expansion in the use of open source software (OSS) has created a greater need for in-house counsel to understand and address the legal issues associated with OSS, as well as the extent of corporate reliance on OSS. The presentation will cover trends in the usage of OSS and the competing philosophies surrounding OSS use, and will provide guidance on determining which OSS license if right for you. We will also provide helpful best practices for creating a OSS management policy.
Your Employment Case is Going to Trial – Are You Ready? (July 24, 2013) Presented by Ray Baldwin of Seyfarth Shaw LLP and an in-house panelist. Even if you are working with outside litigation counsel, there is a lot of strategy and internal work necessary for managing employment litigation cases that are likely to go to trial. This presentation will focus on key aspects. From evidence preservation, depositions, witness issues associated with current and former employees and the impact of settlement on the process, to selection of the trial team, keeping senior management informed and involved, and managing and running the actual trialincluding jury selection to courtroom presence, this presentation will provide informative practical and strategic advice to ensure that you manage the trial as effectively as possible
Getting Along with the Government In Spare Times (And All Other Times) (July 16, 2013) Presented by Anthony Anikeeff of Williams Mullen and an in-house panelist. In these challenging budgetary times, contractors face puzzling situations that involve difficult legal and business strategy decisions. Our panel will examine how contractors can maximize relationships with their government customers throughout the life cycle of a government contract. From furnishing pre-solicitation information to the government, to engaging during the solicitation process, to addressing performance issues, to resolving claims, to handling investigations and accusations of malfeasance, we will examine the interplay between the law and business practice from corporate and government perspectives. In doing so, we will explore the options in performing the often delicate dance between what a contractor must, can, or should do and the converse.
The Interaction of Insurance and Indemnification Clauses (July 11, 2013) Presented by Selena Linde of Perkins Coie and an in-house panelist. You may think your company has properly transferred risk but has it? This session will debunk many myths associated with additional insured coverage and indemnification agreements and will focus on the importance of understanding how insurance and indemnification work together. The speakers will provide practical advice that every in-house counsel should know in order to draft indemnification clauses that complement and don't conflict with your company's current insurance coverage. Although the session will cover scenarios that are of interest to non-profits and associations, the take-aways are applicable to all WMACCA member companies.
Commercial Contracting in a Global World (July 10, 2013) Presented by Andrew McGinty of Hogan Lovells (Shanghai); Andrew Skipper of Hogan Lovells (London); and Nick Popper, U.S. Counsel, Spectris. Moderatored by Audrey Reed of Hogan Lovells (DC). What is missing from your commercial contracts around the world? What risks are you facing as a result? Our panelists will examine a commercial scenario from a typical (hypothetical) global company, and will demonstrate where even the simplest circumstances can present a trap for the unwary in your global contracting efforts. What may be helpful language while contracting in one country may be a trap for the unwary in another. Whether it is mobile payments, battle of the forms, social media, intellectual property licensing arrangements, or others, the challenges throughout Europe, Asia, Latin America and the United States vary tremendously.
How to Manage the Inevitable Data Breach (June 27, 2013) Presented by Nathan Taylor of Morrison & Foerster LLP and an in-house panelist. No company is immune to data breaches. Your company does not want to be in a position of reacting to data landmines once they occur. Instead, you want to be proactive and equipped to prevent breaches and prepare to respond quickly and efficiently if one occurs. This session will provide an overview of the state of data breach laws and provide practical guidance on developing an effective incident response program, responding to a data breach and implementing best practices to prevent data breaches.
How Not to Leave Money on the Table (June 25, 2013) Presented by Crowell & Moring and an in-house panelist. Government spending cuts will mean cuts to your bottom line. In this time of budget sequestration and programmatic uncertainties, it is more important than ever for contractors to quickly recognize and effectively respond to potentially costly contract changes. Join us for a practical discussion as we guide participants through several types of constructive changes, addressing the critical role for front-line personnel in recognizing changes, methods to ensure notice requirements are met, maintenance of proper documentation, and the use of cross-disciplinary teams to ensure impacts are evaluated correctly. We will examine the preparation of contract claims and requests for equitable adjustment, as well as techniques to preserve agency relationships while still protecting the company from unjust losses.
The Importance of the Corporate Secretary to Boardroom Best Practices (June 6, 2013) Presented by Steve Patterson of Hunton & Williams LLP and an in-house panelist. The most important player in a sound corporate governance program is an organization's corporate secretary, who is in the best position to provide strong legal and organizational support so that boards of directors have the best opportunity to meet their fiduciary responsibilities. Much has changed from the corporate secretary's original function as the keeper of the minute book and shareholder records. Today, the corporate secretary is often at the center of the most important challenges confronting the organization and is an active adviser to management and the board on a wide array of matters, including corporate governance, board requirements, entity and subsidiary management, and compliance with corporate-related federal and state laws and regulations. Whether you are a director, the general counsel, in-house corporate counsel, a member of the corporate secretary's office, or a counselor to those who are, you will be interested in our panelists' overview of current for profit and nonprofit corporate secretary practices and discussion of common pitfalls and how to avoid them.
Bid Protests – The Good, The Bad, and The Sustained (May 30, 2013) Panelists include Ralph White, Managing Associate General Counsel, Procurement Law at the GAO and an in-house panelist. Moderated by Scott Hommer of Venable LLP. Every company needs to know how to effectively prepare and present GAO bid protests, and how to successfully defend bid protests in today's challenging environment. This program will explore the spectrum of issues involved in successful protesting, from timely identification of protestable issues to techniques for obtaining the remedy that your company wants. We will also discuss significant protest decisions and recent bid protest statistics.
Ethics When Doing Business Abroad (May 23, 2013) Panelists include Andrew Pike, European ethics partner of Squire Sanders LLP; Mark Botti of Squire Sanders; Mollie Roy, Vice President of Legal Affairs, ICF International, Inc. Moderated by Kenneth C. Moore, global ethics chair of Squire Sanders LLP. If your company operates internationally, the laws regarding the duty of confidentiality and the attorney-client privilege can pose challenging ethical questions. When travelling abroad, what jurisdiction's ethics laws govern your treatment of confidential matters? Do the non-U.S. based lawyers with whom you are dealing have the same duties? How do you preserve the attorney-client privilege when you or your client is in a jurisdiction that may not recognize this privilege? In this 2-hour seminar, we explore these ethical obligations, taking into account the choice-of-ethics law provisions of Virginia, Maryland and the District of Columbia and how they interact with the ethics laws of key foreign jurisdictions and will provide insights on how you meet your ethical obligations both here and abroad when they are not necessarily aligned in both places.
Corporate Sponsorship and Other Revenue Generating Strategies for Non-Profits (May 22, 2013) Presented by Diara Holmes and Sharon Nokes of Caplin & Drysdale and an in-house panelist. By popular demand, this presentation steps beyond the foundational "UBIT 101" issues and discusses the pros and cons of such revenue-generating ideas as (1) fee-for service activities, (2) online gift shops and other merchandising outlets, (3) corporate sponsorships, (4) licensing, merchandising, and other creative suggestions raised by your colleagues at every planning retreat. How should these opportunities be structured to maximize value and minimize your organization's tax exposure as you shake the money tree for those post-recession dollars?
How to Handle a Demand for 30(b)(6) Testimony (May 16, 2013) Presented by Nathan Oleson and Thomas McLish of Akin Gump Strauss Hauer & Feld LLP and an in-house panelist. What should you do when your company is served with a 30(b)(6) deposition notice under the Federal Rules of Civil Procedure? What are the potential pitfalls and traps for the unwary associated with selecting and preparing an individual to be the voice of the company at a deposition? Join us for an in-depth discussion of best practices, including how to deal with overbroad or vague topics in the deposition notice, selecting the best corporate representative(s) to be the company's voice on the listed topics, and preparing the 30(b)(6) witness to handle their unique role in a way that advances the company's litigation strategy and goals.
Dodging the Pitfalls and Hurdles of Executive Transactions in Company Stock (May 15, 2013) Presented by Alan Dye and John Beckman of Hogan Lovells and James Williams, Vice President, General Counsel & Corporate Secretary, Liquidity Services, Inc. Insider trading, including 10b5-1 plans, hedging transactions and short-swing profits, is is gaining increased attention in today's world. Given the current market volatility and recent enforcement actions by the SEC, there is a growing scrutiny of 10b5-1 plans; risks associated with hedging and pledging transactions; and the ever-present Section 16 short-swing profit challenges. Our panelists will address the approaches and techniques that work (and those that don't) to help you more effectively counsel your executives and board members. We will also highlight current trends and practical approaches to help you avoid the traps for the unwary.