Washington Metro Area Chapter

Washington Metro Area Chapter

Upcoming Webcasts

Toolkit for Managing Complex Litigation (March 16, 2010 at 12:00 PM EDT, 11:00 AM CDT, 10:00 AM MDT, 9:00 AM PDT)
Presented by Jerome L. Epstein and Brent E. Kidwell of Jenner & Block LLP and Jonathan L. Griffith,
Associate General Counsel, Fannie Mae. Managing litigation has become increasingly challenging in an age of information overload. We will explore best practices for developing and maintaining a coherent litigation strategy that makes the most efficient and cost-effective use of an over-abundance of information. While we will touch briefly on tools to manage electronic discovery, this presentation will emphasize managing and organizing facts that converge from many sources. The program will include recommendations for tools such as outlines of proof and fact chronologies to ensure that litigators focus on the end game and are not consumed by extraneous information. We will cover tools and techniques suitable for every size of case and budget.


How You May Be Unwittingly Creating IP Liability for Your Business (March 23, 2010 at 12:30 PM EDT, 11:30 AM CDT, 10:30 AM MDT, 9:30 AM PDT)
Presented by Daniel H. Marti, Christopher P. Murphy and Barry J. Fleishman of Kilpatrick Stockton LLP and an in-house panelist TBD. Could you be creating IP liability for your company and not even realize it? Join us for a discussion on best practices and experiences in reducing your company's risk from common ways in which you may be unknowingly creating intellectual property liability for your business. You will hear what some of these common pitfalls are and how to develop and implement safeguards and protections to protect your IP assets. This program will cover such issues as common copyright pitfalls; the ramifications of ignoring the Patent Troll; and neglecting to read your insurance policy.


Archived Webcasts

Delaware Law Update (March 11, 2010)
Panelists include Edward B. Micheletti of Skadden, Arps, Slate, Meagher & Flom LLP. This program will address recent developments in Delaware corporation law that every practitioner, in-house lawyer and corporate officer and director should know. The panel will include a member of the Delaware bar who specializes in corporate litigation in the Delaware Court of Chancery, as well as M&A specialists that routinely advise boards of directors about Delaware corporation law in connection with merger transactions.


Your Bid Just Got Rejected – What Do You Do Next? Strategies and Tactics for Successful Bid Protests (March 10, 2010)
Presented by Venable LLP. Every company needs to know how to effectively prepare and present bid protests, and how to successfully defend them. 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 your company's role as an awardee/intervenor, the similarities and differences you need to know between protesting at the agency, the GAO, and the Court of Federal Claims, and other issues. You will hear industry, government and private practice perspectives at this lively and interactive discussion hosted by Bill Walsh and Scott Hommer of Venable.


It’s Not Just the FCPA – The Unintended Consequences of FCPA Compliance Failures (March 2, 2010)
Presented by Michael C. Osajda, Attorney and FCPA Consultant, and Kenneth Rijok, Financial Crime Consultant, World-Check. Join us for networking and a breakfast program on FCPA compliance. This is not your average FCPA presentation - our panelists (including a convicted money launderer turned consultant) will provide a basic overview of an FCPA compliance program and discuss the practical implications of a recent FCPA litigation. The panelists will also cover the interrelated criminal charges that arise in an FCPA prosecution, including money laundering, wire and mail fraud, and racketeering. This is a not-to-miss presentation for any in-house practitioner with oversight responsibility of an FCPA compliance program, and will offer sound advice that can be used to advise senior management of the stepped-up FCPA enforcement tactics used by the Department of Justice.


The Benefits, Legal Consequences, and Common Pitfalls of Export-Related Voluntary Disclosures (February 26, 2010)
Presented by Kevin M. King of Winston & Strawn LLP and an in-house panelist TBD. Corporations today are routinely subject to an array of regulatory and legal regimes, many of which offer companies reduced penalties for self-disclosing potential violations. The difficult decision of whether to self-disclose often falls to in-house counsel who must weigh potential leniency against the practical, financial and legal consequences that flow from an admission of wrongdoing. This program is designed to provide in-house counsel with a framework for responding to possible violations of export control laws, and for weighing the potential benefits and consequences of a voluntary self-disclosure. This program will cover:
• Best practices for responding to credible information suggesting a possible violation of export control laws and regulations;
• Contrasting directed disclosures and voluntary disclosures;
• Assessing the benefits and legal consequences of voluntary self-disclosures;
• What in-house counsel should know about DDTC and BIS voluntary self-disclosure programs;
• Weighing the benefits and consequences of a voluntary self-disclosure; and
• Hypotheticals illustrating common missteps.


Exempt Organizations Year In Review (February 24, 2010)
Presented by Marcus S. Owens Head of Exempt Organizations Practice at Caplin & Drysdale and Former Director of the Exempt Organizations Division at the IRS. This program will review key IRS guidance and legislative updates impacting exempt organizations. Topics will also include governance issues, 7611 and Supporting Organization regulations, the college/university exam project and implications resulting from the Supreme Court's decision in Citizens United v. FEC.


Behavioral Advertising (February 23, 2010)
Presented by Reed Freeman of Morrison & Foerster LLP; Michelle Rosenthal, Division of Privacy and Identity Protection, Federal Trade Commission; C. Lee Peeler, President & CEO, National Advertising Review Council and Executive Vice President, Council of Better Business Bureaus; Jules Polonetsky, Co-chair and Director, Future of Privacy Forum. The online collection of information over time, used to create profiles for targeted advertising campaigns (better known as behavioral advertising), creates more effective advertising and helps web publishers support their sites. However, behavioral advertising has also raised privacy issues among legislators, regulators, and consumer advocates. This program will include a discussion of the current regulatory, self-regulatory, legislative, and policy environment around behavioral advertising, how to take all of those factors into account when deciding to engage in behavioral advertising, and a look forward to what the business community can expect in 2010.


2010 Proxy Update (February 10, 2010)
Presented by Thomas A. Aldrich and Catherine L. Miller of Thompson Hine LLP. Presented by Thomas A. Aldrich and Catherine L. Miller of Thompson Hine LLP. In November, WMACCA and Thompson & Hine LLP presented a program on "2010 Proxy and Executive Compensation Pre-Season Review." In December 2009, the SEC promulgated new rules governing proxy disclosures for the 2010 proxy season. This program will provide an update based on the new rules and provide practical advice to keep you current on the ever-evolving requirements and best practices in this challenging environment. Join us for a discussion of the SEC's new enhanced proxy statement disclosure requirements (including compensation policies and practices that present material risks and summary compensation table pointers), CD&A, shareholder proposals and RiskMetric policy updates.


Between a Rock and a Hard Place: When Duties of Disclosure Conflict with the Preservation of Privilege In a Corporate Investigation (January 28, 2010)
This program willl focus on key decisions in the course of an investigation when waiver of privilege is implicated, the legal background and ramifications of such decisions, and practical guidance on navigating through these issues to minimize the risks of disclosure and waiver.


How To Recapitalize Your Company's Debt (January 21, 2010)
Panelists include Rick Marks of DLA Piper and C.J. Blagg, Associate General Counsel, CapitalSource Fianance LLC. This program will offer practical advice on managing your company's credit facility. The panelists will walk through hypothetical situations commonly affecting companies in the current economy and provide the varied perspective of in-house bank counsel, an in-house borrower counsel and outside counsel, including practical tips and best practices in dealing with the recapitalization and restructuring of company indebtedness.


The IPO Window Is Open. Is Your Company Ready? (January 19, 2010)
Presented by Brian P. Fenske of Fulbright & Jaworski L.L.P.; Scott D. Chaplin, General Counsel, Secretary & Senior Vice President, Stanley, Inc.; W. Britton Trukenbrod, Managing Director , William Blair & Company; James E. Williams, Vice President, General Counsel and Corporate Secretary, Liquidity Services, Inc.; and Michael C. Wu, General Counsel and Secretary, Rosetta Stone. With the uncertainty in the capital markets and continuing SEC focus post-Sarbanes-Oxley, it is more imperative than ever that companies hoping to go public are prepared to face the scrutiny and challenges of becoming a public company. Come hear what it takes to build an IPO-ready company and complete a successful IPO in this market. This seminar will cover: getting the company ready for an IPO ― the key items necessary for an efficient, risk-minimized offering, including tips, traps and lessons learned from GCs; the IPO process, recent changes and Sarbanes-Oxley and an investment bankers insights on market trends, an outlook on the equity markets and what sorts of metrics (revenue, growth, etc.) are required to go public in this market.


Opportunities and Pitfalls in the Use of Corporate Websites (December 10, 2009)
Panelists include Erika L. Robinson of WilmerHale. This program will explore the evolving use of corporate websites for public disclosure and investor relations purposes. Topics will include Regulation FD and SEC guidelines on the use of websites, as well as website issues arising in private and public offerings and other financing transactions. The panel will address corporate governance implications of information on websites and the current and pending NASDAQ/NYSE requirements for their use. In addition, the program will address practical, legal considerations for website design, including interactive features, hyperlinks, RSS feeds and website blogs to help avoid traps for the unwary.


Developing Your Cyber Security Strategy (December 9, 2009)
Presented by Scott N. Godes, of Dickstein Shapiro LLP; David Kessler, Senior Corporate Counsel, Symantec Corporation; and Kenneth A. Mendelson, Managing Director, Stroz Friedberg. Moderated by Brian E. Finch of Dickstein Shapiro LLP. As the corporate world becomes more and more virtual, the need for cyber and data security has never been greater. Understanding the Administration's new cyber security initiatives and changes on the legislative front can give companies a competitive advantage in developing comprehensive cyber security programs. If your business is grappling with emerging threats, limited funds, and slow procurement processes, you are not alone. Find out how to capitalize on the opportunities available through the Safety Act and other mechanisms to protect your company, and how your insurance coverage policies may cover potential liabilities. This program will address what you need to know, what you need to do, and how to "just do it."


Class Actions 101 (December 3, 2009)
Presented by Michael B. DeSanctis and David A. Handzo of Jenner & Block LLP and Jodie L. Kelley, General Counsel and Vice President of Anti-Piracy, Software Alliance. No industry or business is immune from the threat of a class action lawsuit. Class actions differ from most litigation scenarios. Approval and class certification, discovery, damages and settlement all require a specialized approach. The impact on your company's bottom line can be significant and the plaintiff's bar is constantly developing new and problematic class action causes of action. In this session we will look at the following:
• The unique litigation risks and management challenges that class actions present
• What you need to do if you suspect your company is a target of class action
• How to take proactive steps to help limit your company's exposure to class actions
• An overview and update on recent developments


2010 Proxy and Executive Compensation Pre-Season Preview (November 17, 2009)
Presented by Thomas A. Aldrich and J. Shane Starkey of Thompson Hine LLP and Sean Quinn of RiskMetrics Group. With proxy season approaching, this program will review the hot issues from the 2009 proxy and executive compensation season and preview the state of play for 2010. Among the topics to be covered: final and proposed new SEC rules; what's new in CD&A; governance hot-buttons for 2010; say-on-pay; majority voting in director elections; the end of the broker non-vote; proposed federal governance and securities legislation in response to the Great Recession; establishing incentive compensation performance goals in the current economic environment; discretionary incentive awards when goals have not been satisfied; and the impact of depressed stock prices on equity grant practices.


Managing International Subsidiaries (November 12, 2009)
Panelists include Michael J. Caballero and Robert E. Culbertson of Paul Hastings Janofsky & Walker LLP. This program will explore the practical considerations when setting up international subsidiaries. Our speakers will discuss various issues associated with maintaining international subsidiaries, including setting up and structuring such subsidiaries, tax and reporting considerations, and how to maintain these subsidiaries over time. Additionally, an in-house speaker will provide best practice tips on issues such as whether to keep these functions in-house or whether to outsource them, and dealing with country specific restrictions and considerations.


Cutting Edge Topics In Labor & Employment Law (November 11, 2009)
Clint Morse and Susan Blake share their insights about new and pending legislation including an in depth discussion on the Employee Free Choice Act plus GINA, Lilly Ledbetter Fair Pay Act, ADA Amendments and ICE.


Conflicted About Conflicts? (November 10, 2009)
Presented by Siobhan Rausch of Hogan & Hartson, LLP; Rhonda Lees, Vice President, Legal Affairs, American Diabetes Association; and Roberta B. Aronson, Deputy General Counsel, National Rural Utilities Cooperative Finance Corporation. This panel will explore the timely issue of identifying and managing conflicts of interest by nonprofits. Topics will include why effective management of conflicts is critical to nonprofits, elements of a conflict policy and related procedures, discussion of real world situations that raise conflict questions and practical tools for managing. This program assumes some familiarity with the topic.


IP For Government Contractors (November 5, 2009)
Presented by Kevin P. Connelly and Joseph J. Dyer of Seyfarth Shaw LLP. In today's high tech environment, protecting your proprietary information is critical to maintaining your competitive advantage. This program will examine the rules addressing the procurement and protection of data contained in the Federal Acquisition Regulations and the Department of Defense Federal Acquisition Regulation Supplement. It will explain legal and practical steps to take to protect your proprietary information, the proper charging of independent research and development and state laws applicable to protecting company information vis-a-vis competitors.


Bridging the Gap -- Effective Communication Between General Counsel and IP Counsel Working in the Biotechnology Industry (November 4, 2009)
Panelists include Jacqueline D. Wright Bonilla of Foley & Lardner LLP and Michele M. Wales, Ph.D., J.D., Vice President, Intellectual Property, Human Genome Sciences. Are you and your biotechnology company's IP counsel speaking the same language? Many biotechnology firms struggle with bridging the gap between the needs and know-how of GCs versus IP counsel. This interactive panel will discuss how GCs can optimize communication with their in-house and outside IP counsel. The panel will address issues affecting both GCs and IP counsel such as controlling legal costs, timeline and deadline considerations, communicating with foreign counsel, billing, proposing and meeting budgets, staffing issues, and overall IP portfolio management strategy. Panelists will also discuss current hot issues in IP law affecting the biotechnology industry, including a late-breaking update on the biosimilar legislation and what it means to biotech firms large and small.


Cleantech: Critical Legal Issues Every GC Should Know (October 29, 2009)
In the long run, the world-wide "green" revolution may have as powerful an impact on business as the preceding digital revolution, affecting which products and services will be competitive and how they will be marketed, made and sold. In the United States, the revolution is gaining momentum. All companies, regardless of whether or not they focus on the "Cleantech" sector will be affected by these new opportunities, rules and regulations. Understanding the emerging framework and in many cases, taking action now, is essential not only to mitigate potential risk and liability but also to capture some of the benefits and the new business opportunities generated by the green revolution.


Handling Corporate Investigations (October 28, 2009)
With increased government oversight, the number of informal investigations initiated by the SEC is on the rise. Furthermore, with the new administration and focus on regulatory oversight, it is anticipated that regulatory agencies will more aggressively identify and prosecute violations of the False Claims Act. Prior to and during such governmental inquiries, internal investigations are a critical tool for corporations to assess the nature and extent of potential irregularities, and establish defenses to SEC or shareholder actions that may ensue. This panel will discuss from an in-house counsel perspective how to determine when it makes sense to conduct an investigation, best practices for conducting an internal investigation, disclosure requirements, tips for hiring external counsel and accounting specialists, managing electronic discovery, tools for conducting effective and efficient investigations.


Ethics Program -- Judicial Perspectives (October 27, 2009)
This two hour ethics program will be a facilitated discussion with five judges regarding the ethical obligations of in-house counsel regarding technology, information management and e-discovery. It will cover Duty of Competence, Confidentiality of Information, Candor to the Tribunal and Fairness to Opposing Party and Counsel. It will review in detail (from actual signatories) how the Sedona Cooperation Proclamation comports with the ethical obligations to zealously advocate for the client. It will probe the new Federal Rule of Evidence 502 and its seeming conflict with the ethical duty to keep the client's confidences. Finally, there will be an analysis of the ABA Ethics Opinion on Outsourcing issued last August and how that has been used by major corporations. This exchange will enable in-house counsel to understand how to meet their ethical obligations while also assisting their clients in meeting their business goals. Bring your questions; this will be an excellent and unique opportunity to get answers from judges presiding in several area jurisdictions.


From Zero to Hero - Maximizing your Company's Insurance Recovery (October 15, 2009)
This informative session will provide an overview of pitfalls to avoid when thinking about insurance coverage for your company.


Responding to DCAA's Self-Appointed Role As the Monitor of Ethical and Moral Behavior (October 15, 2009)
On July 23, 2009, DCAA instructed its auditors to begin checking on contractor compliance with the new FAR 52.203-13. Through this audit guidance, DCAA has propelled itself into the role of monitoring whether contractors comply with "expected standards of ethical and moral behavior," and "conduct themselves with the highest degree of integrity and honesty." At this point, no one knows what specific behavior DCAA considers to be ethical and moral or what standards they will use in making these judgments - will it be the ethics of the average Congressman or television evangelist, or is DCAA searching for perfection? The new audit guidance will send DCAA's auditors far beyond their traditional audit responsibilities, delving into management judgment and decision-making, including evaluating the actions taken by Boards of Directors and Audit Committees. In recent letters to contractors, DCAA has begun formally requesting information regarding the "Control Environment." How will your management react to such a request? What will they expect you to know?


Social Media (October 14, 2009)
With the number of social media users growing by the minute, it is exceedingly likely that your company's employees are "linked in." As usage continues to escalate, so do the potential legal risks in this emerging area of law. This 101-level program will explore the IP, technology, and employment law issues, and will cover best practices worth considering when creating social media company policies. Discussion topics will include: Who owns and controls the content on social networking sites, and how does the Digital Millennium Copyright Act apply?; How might your trade secrets, copyrights and trademarks be at risk?; Who is responsible for defamatory comments by an employee on a blog?; What is the expectation of confidentiality on these sites, and are these communications discoverable?; Can your company face discrimination lawsuits if HR uses Facebook in hiring decisions?; What case law exists in these areas and what new issues are emerging?


Export Controls for Multi-National Corporations (October 1, 2009)
In-house counsel are increasingly asked to advise on export control issues, and there is little room for error. The impact of the new administration has been felt in the export controls arena as changes to the regulatory environment are creating new risks. Please join us for an in-depth discussion on navigating the regulatory framework related to export controls, including the Bureau of Industry and Security, Directorate of Defense Trade Controls, Office of Foreign Assets Control, and Department of Homeland Security. Panelists will also discuss how to mitigate associated risks as well as best practices for dealing with the challenges in developing, implementing, and maintaining an internal compliance program during these difficult economic times.


The Brave New World of Federal Contracts (September 30, 2009)
Presented by Brian P. Waagner of Akerman Senterfitt and an in-house panelist TBD. The Obama Administration has announced plans to crack down on wasteful contracts and to reduce the overall level of spending on contracts by $40 billion annually. Congress is investigating contractor business systems and subcontracting practices. Agency OIGs and DCAA are exercising broad new oversight powers. These are not just headlines. Sweeping statutory and regulatory reforms in the areas of competition, business ethics, and public access to contractor information are ushering in a brave new world for federal contractors. Join our panel for a review and discussion of the latest developments.


Protecting Your Brand Online (September 22, 2009)
Presented by Norman J. Rich and Jonathan W. Dudas of Foley & Lardner LLP; Adam P. Palmer, Law & Policy Counsel, Public Interest Registry; James W.S. Carnall, Manager, Cyber Intelligence Division, Cyveillance, Inc. (a QinetiQ North America company); Richard Tindal, Senior Vice President, Registry, DemandMedia. In a virtual world littered with squatters and trolls, keeping up with entities that can threaten your organization's good name online can be a daunting task. Engaging in the protection of your brand is an even more arduous and potentially costly task, provided you can even locate the entity responsible. As the rules and regulations of the cyber evolution continue to take shape it is more important than ever to understand all aspects of your company's online presence. This program will explore recent brand abuse schemes and their impact as well as recent Uniform Domain-Name Dispute-Resolution Policy (UDRP) and Anticybersquatting Consumer Protection Act (ACPA) decisions. Panelists will also discuss the current standards of Internet Corporation for Assigned Names and Numbers (ICANN) and how recent Implementation Recommendation Team (IRT) proposals related to new generic top level domains (gTLDs) can protect brand owners as they face a possible influx of new top level domains (TLDs). Finally, techniques for brand owners in handling cyber squatting issues will be addressed along with strategies for preventing future problems.


Data, Data Everywhere (September 17, 2009)
Moderated by Mary Devlin Capizzi of Drinker Biddle & Reath LLP. Panelists include Hilary Wandall, Attorney and Corporate Privacy Officer, Merck & Co., Peter Blenkinsop of Drinker, Biddle & Reath LLP, and a government panelist. Data privacy and data security regulations are evolving quickly and changing the way organizations manage information. Organizations that deal with the public may want to use the data they have collected in marketing or client development activities. This panel will provide a timely discussion and exploration of data collection activities (data mining, the use of cookies and other web-based technologies) and the use of personal data in e-mail, postal mail, telephone or fax direct-marketing campaigns. Come learn about data privacy and security rules that affect your organization's use of the data it collects, and hear from leading privacy leaders and regulators.


Eye of the Target, A Corporate View of Attorney General Enforcement (September 16, 2009)
Presented by Michael G. Rossetti of Akin Gump Strauss Hauer & Feld LLP. This program is intended to build upon the foundation of a previous program featuring attorneys general from Washington, D.C., the Commonwealth of Virginia and the State of Maryland, and will further understanding of the broad areas of state attorney jurisdiction, how and why attorney general enforcement actions begin and expand, and how corporate targets are selected in the real world. In addition to addressing enforcement actions, this program will discuss how attorneys general weigh in on federal policy and matters before the United States Congress. The National Association of Attorneys General, the Republican Attorney General Association and the Democratic Attorney General Association are institutions that support the work of the attorneys general in various ways, the implications of which are worth understanding. This program will also address appropriate participation by corporations in programs offered by each institution and the necessity of crafting a business approach that builds appropriate relationships with attorneys general.


Ethics Update from Tom Spahn 2009 (September 15, 2009)
This interactive program will use hypotheticals to address ethics issues that corporate counsel frequently face.


Finding, Partnering and Working Effectively With Foreign Counsel (September 10, 2009)
Presented by Howard G. Slavit, of Saul Ewing, LLP; Jim Bond, Senior Counsel for Foreign and International Law, DynCorp International, LLC; Alain P. Lecours of Lecours & Lessard, Montreal, Quebec, Canada; David Mizrachi of Mizrachi, Davarro & Urriola in Panama City, Panama. As U.S. companies continue to seek business opportunities abroad, it is important for in-house counsel to understand the possible legal issues associated with entering into agreements with foreign representatives and best practices for partnering with foreign counsel on overseas matters. Join our panel of experienced in-house counsel, outside U.S. counsel, and foreign counsel for a discussion of: (1) The substantive legal issues companies face when engaging foreign representatives, including a description of the various types of arrangements (consultants, distributors, joint venture partners); (2) When and how to use foreign counsel, including concrete examples of transactions where foreign counsel should have been engaged, privilege issues that may affect this decision, and the factors to determine whether in-house counsel should hire foreign counsel directly or have their outside counsel engage foreign counsel; (3) Practical issues, such as how to locate qualified foreign counsel with the right skill set, and how to set expectations and work effectively and efficiently with them. Panelists, including counsel from Canada and Panama, will be available before and after the program to answer any questions you may have.


Steering Clear of the Most Common Legal Hazards in Hotel, Convention Center and Meeting Contracts (July 16, 2009)
Presented by Jeffrey Tenenbaum, George Constantine and Kristen Sitchler of Venable LLP. Faced with a changing financial climate, tightened budgets, and shrinking meeting attendance, many non-profits have taken a new look at meeting contracts. This session will focus on the most common legal hazards in hotel, convention center, and other non-profit meeting contracts, and will offer practical tips for negotiating tighter agreements with less financial risk. Among topics to be addressed will be the legal pitfalls of letters of intent, hotel cancellation and attrition, force majeure, indemnification, convention center agreements, and understanding the relationship between insurance coverage and common areas of liability.


Surviving the ICE Storm -- Preparing for an I-9 Audit Freeze (July 14, 2009)
Presented by Victor X. Cerda of Jackson Lewis LLP. The Obama Administration has re-focused Immigration and Customs Enforcement (ICE) investigative resources on pursuing criminal prosecutions against employers for immigration worksite violations. As part of this strategy, ICE issued over 650 I-9 audit notices to employers in a nationwide enforcement initiative. The audit notices require recipients to present all employee I-9s and supporting documents to local ICE Special Agents within 3-days. Based on a review of the employer’s I-9s, ICE will determine what sanctions it will pursue, and more importantly, whether it will initiate a more aggressive criminal investigation involving criminal search warrants and grand jury subpoenas. Former ICE General Counsel and Chief of Staff Victor X. Cerda will provide an insider’s perspective on what ICE Special Agents look for in an I-9 audit and what steps employers can take before and after receipt of an ICE audit notice to limit the risk of corporate criminal and civil liability.


Bankruptcy 201 (June 23, 2009)
Presented by Catherine L. Steege and David A. Handzo of Jenner & Block LLP and Rosemarie Schmidt, Vice President and Senior Counsel, Marriott International, Inc. This program brought to you by popular demand will follow from our Bankruptcy 101 program presented to WMACCA in April (and archived on the WMACCA website). The program will show you how to protect your company in the Section 363 sales process, as well as steps to take to protect your company prior to and following the bankruptcy filing and preference defense.


Cloud Computing Forecast? Foggy or High Visibility - An Overview (June 18, 2009)
Presented by Kristen J. Mathews of Proskauer Rose LLP. Cloud computing is a new model of enterprise computing that is rapidly being adopted by organizations large and small for their IT infrastructure needs and to provide and receive services. This program will focus on the legal issues presented by cloud computing: * What is Cloud Computing, and how is it different from what we've seen already? * Uniform Industry Standard For Cloud Computing * Privacy and data security in the Cloud * Protecting corporate assets in the Cloud - Intellectual Property * e-Discovery from the Cloud * International issues * Vetting and contracting Cloud service providers.


New President, New Challenges: Six New and Pending Employment Laws That Are Impacting Business in 2009 and Beyond (June 4, 2009)
In this program we will get you up to speed on the must-know portions of the Lilly Ledbetter Fair Pay Act, the Americans with Disabilities Act Amendments Act, the overhaul of the Family and Medical Leave Act regulations, and the mandatory employer-paid health care component of COBRA (which was slipped into the stimulus act). We will also discuss both the status and content of the most significant changes coming down the pike: the Paycheck Fairness Act and the compromise legislation that will likely pass as a substitute for (or revision of) the Employee Free Choice Act. Finally, we will address issues employers are facing with the increase in reductions-in-force and employee furloughs.


Internal Controls -- Evolving Best Practices (June 3, 2009)
Panelists include Thomas W. White, Barry J. Hurewitz, and Gail Bernstein of Wilmer Cutler Pickering Hale and Dorr LLP. This program will concentrate on the evolving best practices for private companies with regard to internal controls. Private companies often look to the requirements of the Sarbanes-Oxley Act in anticipation of public offerings, acquisitions by public companies, or to entice quality investors and directors. The program will focus on the application of the internal control requirements of SOX to private companies, including a discussion of the forces driving private companies to adopt certain SOX provisions, and highlighting the provisions most often adopted by private companies. The program will also touch on the implementation of internal controls by nonprofits and charitable organizations, and the recent mandatory adoption of internal controls by companies doing business with government entities. Finally, in light of the current economic situation the program will include a discussion of the internal control requirements applicable to companies participating in government financial assistance programs.


A Rule Change A Day -- The In-House Counsel's Guide to Government Contracting Under the Obama Administration (May 20, 2009)
James K. Kearney of Womble Carlyle Sandridge & Rice PLLC will moderate a panel that will include Michael Love, Assistant General Counsel of CSC, Emily Murphy, General Counsel of TerreStar National Services Inc., and Holly Emrick Svetz of Womble Carlyle. Under the new Administration, executive orders, presidential memos, and regulations have drastically begun to alter government contracting compliance obligations, funding, transparency, and oversight. From conflicts of interest to domestic preference rules – your company needs to be aware in order to remain eligible for continued business and to compete for new contracts. The program will address key questions around these changes, including:

• E-Verify Implementation -- delayed, halted, or going forward?

• COTS Waivers of BAA in Part Plus Others - FAR Subparts 12.1, 12.3, and 12.5 and DFARS Part 225.1. Will these waivers make sale of COTS easier?

• In-sourcing: Secretary Gates included it in the DoD Budget and the government is hiring away contractor employees. What can be done?

• Mandatory Disclosure - FAR Parts 3 and 9. How is the new process working and what are some tips for practitioners?

Keeping up requires nimble and informed leadership; don't be left behind as stimulus dollars flow, but procurement orders change.


Avoid the Antitrust Flu -- Keeping Your Trade Association Healthy (May 19, 2009)
Moderated by Anthony W. Swisher of Akin Gump Strauss Hauer & Feld LLP. Panelists include Geoffrey Green, Deputy Assistant Director of the Bureau of Competition, Federal Trade Commission; Michael S. Spector, Senior Associate Counsel, America's Health Insurance Plans; and J. Brady Dugan of Akin Gump Strauss Hauer & Feld LLP. Trade associations provide many important services to their members, from information-gathering, to standard-setting, to advocating before legislative bodies, to name just a few. But if not carefully managed, trade associations can also provide fertile ground for potential antitrust violations. Recent government antitrust enforcement actions against trade associations only highlight these risks and the need for association counsel to be vigilant in preventing antitrust issues from arising. This program will examine some of the most common areas where association activity can run afoul of the antitrust laws, and offer some practical guidance for preventing problems before they start. Our experienced panel will discuss these issues from the perspective of a government enforcer, an in-house association counsel, and a firm lawyer. Please join us for what promises to be an enlightening discussion.


From Cradel to Grave: Regulatory Investigations Which Beget Complex Business Litigation (May 18, 2009)
The regulation and litigation landscape affecting businesses continues to undergo dramatic change. Governmental agencies are taking a more proactive stance towards investigations and actively regulating businesses. This presentation will focus on identifying those regulatory issues or investigations that are likely to trigger significant litigation.


Fraud in a Distressed Environment (May 7, 2009)
This presentation will discuss fraud risks, including the perils and penalties posed by the False Claims Act, and what companies should do today to respond.


When You Are the Target (Or Want to Avoid Becoming the Target)—Strategies for Proactive Management of a Government Investigation (May 6, 2009)
This program will explore the best methods for handling the investigation and communicating with the government to keep an investigation from spinning out of control.


Structuring Patent Deals and Licensing (May 6, 2009)
Presented by Pavan K. Agarwal and George C. Beck of Foley & Lardner LLP; and Colin Raufer, IP Counsel, The Boeing Company. Now more than ever, during challenging economic times, companies need to take every measure to ensure they are reaping the full benefits of their IP assets of all kinds. This presentation will cover the implications of key cases and industry trends that in-house counsel need to be aware of, and provide insight into licensing strategies and helpful tactics that will help enhance returns on IP asset investment. Conversely, speakers will address measures licensing parties should take to ensure they are within the scope of their licensing agreements, including protecting themselves in vertical chain arrangements, and discuss how key cases and industry trends differently impact their specific industries.


WMACCA Global Issues Forum: Best Practices for Data Security Management in a Global Economy (April 23, 2009)
Presented by Miriam Wugmeister of Morrison & Foerster LLP and Christina Ayiotis, Group Counsel – E-Discovery and Data Privacy, CSC. This program will focus on the issues and the challenges in-house counsel face in the international and U.S. data security arena. The program will focus on three major topics: the global nature of data security and privacy laws; the convergence of data security standards from around the world; and the practical aspects of technical, administrative, and physical controls that companies are instituting to safeguard information. In addition, our speakers will discuss the contentious issues that often arise in negotiations between vendors and customers when protecting the "company jewels."


WMACCA Litigation Forum: Bankruptcy 101 (April 21, 2009)
Presented by Catherine L. Steege and David A. Handzo of Jenner & Block LLP; and Rosemarie Schmidt, Vice President and Senior Counsel, Marriott International, Inc. How confident are you that the vendors and customers you deal with every day are financially healthy? In these economic times, it is critical to know the ins and outs of bankruptcy law in your every day deal-making. This program is designed to optimize your position in dealing with vendors and customers. You will learn some of the warning signs that companies display before going into bankruptcy; what you need to do to protect your company if your suppliers or key customers go into bankruptcy; what happens in Bankruptcy Court to obligations entered into by the debtor prior to filing; and how or whether your company should be doing business with a debtor and how to make sure your company gets paid.


WMACCA Non-Profits & Associations Forum: Public Policy Advocacy Post-Abramoff (April 15, 2009)
Presented by Douglas N. Varley and Joseph M. Birkenstock of Caplin & Drysdale; and Kate Karl of the American Cancer Society. Under new standards and penalties enacted last year, compliance with the Lobbying Disclosure Act has become a significant compliance risk for organizations that are active in framing and debating public policy in Washington. Now, as a result of President Obama's sweeping ban on lobbyists joining his administration, the LDA has become one of the hottest legal topics of the day for organizations that lobby. This session will cover the basic rules for determining whether your organization needs to register under the LDA and the reporting requirements and ethics restrictions that apply if it does, including: the LDA definition of lobbying and when you can use the applicable tax definition for LDA purposes; which employees have to register as lobbyists; reporting by lobbyists and lobbyist employers; Congressional and Executive Branch gift rules for lobbyists and lobbyist employers; Executive Order on hiring lobbyists.


WMACCA IT/IP Forum: Hello IT, It's Legal Calling (April 14, 2009)
Presented by David E. Canfield and John Connell of Kroll Ontrack Inc.; Patricia N. Edfors, Chief Privacy and Security Officer, Mirixa Corporation; and Sonya Thornton, Legal Analyst, Sprint Nextel Corporation. More and more legal departments are faced with tracking, sorting, and coding computerized information for litigation or internal purposes. “IT speak” and “legal speak” can create a communications gap when framing issues for a litigation hold, e-discovery and other directives. Learn how to eliminate that gap so that Legal can frame it’s directives in a way that IT understands them and can accurately and efficiently implement them. This program is designed for both the novice and the experienced company. Both in-house counsel and their IT colleagues will benefit from this session.


Unlocking the Restraints: Antitrust Considerations for Distribution and Sales Practices (April 1, 2009)


WMACCA Government Contractors Forum: Turning Square Corners in Government Contracting – Ethics, OCIs, and Emerging Compliance Trends (March 26, 2009)
This government contracts program presented by Venable, 2009 sponsor of the Government Contractors Forum, will focus on updated ethics rules and the development of compliance programs. We will pay special attention to the nexus between Organizational Conflicts of Interest (OCIs) and False Claims Act problems, and how to avoid such pitfalls. We will also try to read the tea leaves about what to expect from the new Administration in these fields


WMACCA Corporate and Securities Forum Symposium in 3 Acts: Conducting Business in a Distressed Environment (March 25, 2009)
This half-day program will feature three one-hour sessions, each highlighting key corporate and securities issues and opportunities arising out of the financial crisis, the economic stimulus bill, the American Recovery and Reinvestment Act of 2009 (ARRA), and other government programs. The sessions will help in-house counsel deal with investors, lenders, vendors and suppliers in the current economic environment. The sessions will include: (1) What In-house Corporate and Securities Lawyers Need to Know About ARRA; (2) Practical Tips for Managing Risk with Counterparties Who Are Facing Financial Troubles; and (3) What You Need to Know About Mergers and Acquisitions in the Current Economic Climate.


The Fair Credit Reporting Act: Friend or Foe? (March 24, 2009)
The Fair Credit Reporting Act 15 U.S.C. 1681 et seq. has provided employers and credit reporting agencies with the authority to obtain "consumer reports" on individuals to conduct background checks on applicants for employment and employees.


WMACCA Non-Profits & Associations Forum Presents: OMG, IP! (March 19, 2009)
An Overview of Intellectual Property Issues in the Electronic Age for Non-Profit Organizations


WMACCA Global Issues Forum: Cross-Border M&A – Top Things You Need to Know for Global Deal-Making (March 19, 2009)
Join us for a networking and breakfast program on cross-border mergers and acquisitions in the current market. Paul Hastings, the Global Issues Forum sponsor, will provide best practice guidelines and tips for cross-border due diligence, discuss recent trends in cross-border M&A, and offer suggestions on how the current market is expected to shape those trends in coming months, including analysis on the increasing number of foreign companies acquiring U.S. companies and how companies can posture themselves with respect to CFIUS. An in-house panelist will share experiences from recent acquisitions and provide advice on how to effectively utilize outside counsel in cross-border transactions. The panel will conclude with a discussion of recent antitrust and competition enforcement developments, as well as strategies for global businesses to consider from the standpoints of the acquirer and the target.


WMACCA Litigation Forum: Paying Legal Expenses Of Personnel -- The Pros, Cons And Options Of A Policy (March 17, 2009)
Officers, directors and other personnel are increasingly faced with the need for personal legal advice when their conduct on behalf of the company is scrutinized. Most states include required indemnification for upper level personnel. The company often needs to consider take similar steps for others. A company policy can be mandatory or discretionary, conditional or limited. Recent cases and government policies recommend careful consideration of the options before the company's choice is forced. This program will discuss these cases and policies, and provide examples of possible policies that you could consider implementing.


Privilege is Not the Same Old Absolute Protection Your Mother Once Knew (March 10, 2009)
The program will review the attorney client, work product, and joint defense privileges and protections going beyond the mere elements to address application of a privilege or protection to various corporate issues and scenarios, including the heightened scrutiny given in-house counsel privilege claims, E-discovery concerns, and how privileges are viewed and applied by courts today.


WMACCA Non-Profits & Associations Forum: Does the FLSA Apply to Non-Profits? You Better Believe It! (February 11, 2009)
This program will focus on the problems that many non-profit organizations face when attempting to comply with the Fair Labor Standards Act. We will address how to deal with well-intentioned employees who want to “work off the clock” and why you cannot let this happen. We will cover how employees working for a “cause” can all-too-quickly become disenchanted and turn into disgruntled plaintiffs. And, we will explore wage-hour compliance issues with volunteers, trainees and interns.