Transactional legal opinions, whether for financings, mergers and acquisitions or securities deals, require lawyers to draft tens of pages to opine on matters that take half a page. Why the assumptions? Why the qualifications? Why the trouble? The panel will review and discuss standard structures to legal opinions, what to request when you are the addressee and what to avoid when drafting. Should in-house lawyers provide opinions? What deals should you never opine on? The panel will give its opinion on opinions to further your opinion.
The panel will discuss US Supreme Court decisions from the past term, as well as cases slated to be heard next term, and their potential impact on business, touching on such important areas as IP, securities, class action, etc. Panelists will include in-house counsel, a government lawyer and lawyers who previously worked in the solicitor general’s office.
In-house attorneys are often engaged in matters involving insurance issues, such as risk management, insuring real and personal property, or negotiating deals where liability or other types of insurance are required by the company. However, attorneys in small departments are often less knowledgeable about the insurance policies currently available and the coverage they provide. Attend this session to learn: What is risk management and why should every in-house lawyer care? What are the different types of insurance available to the enterprise? Should legal be involved in the procurement and/or review of the company’s insurance program and claims process? The session will provide an overview of the claims adjustment process with pointers to successfully navigate insurance claims, so that you will have peace of mind regarding your company’s insurance program.
Rulings on attorney-client privilege and the work product doctrine occur daily in the federal and state courts. New law is continually being made on the scope of these protections for companies and their counsel in areas like internal investigations, the legal vs. business advice distinction, the crime-fraud and fiduciary exceptions, subject-matter and at issue waiver, the common interest and joint client exceptions, global privilege issues and intra-law firm privilege. In a Jeopardy! format, this interactive presentation will examine the latest developments in privilege law as well as the professional ethics rules governing confidentiality (i.e., ABA Model Rules 1.6 and 1.13) — including cases in which ACC has weighed in as amicus — and recommend best practices to preserve the attorney-client privilege and the confidentiality of work product.
Taking a cue from the popular TV show 24, the Health Law Committee plans to solve a US Health Insurance Portability and Accountability Act (HIPAA) breach in 90 minutes. In this interactive session, panelists will take on various roles, like CEO, CIO, security officer, privacy officer, compliance officer and general counsel, as they take the audience through simulated breach scenarios involving protected health information. Garner substantive information and practical tips for managing HIPAA incidents and data breaches as the speakers are challenged in real time to address the details provided by attendees.
You know the difference between a raffle and a sweepstakes. What now? How do you turn that knowledge into a functioning contest or sweepstakes? This discussion will cover practical steps including registering with state regulators, selecting a vendor, crafting rules and disclosures, reviewing advertising and dealing with privacy issues in the digital age.
The European Unified Patent Court (UPC) – which centralizes patent litigation throughout most of the EU – is on track to go live in late 2016 or early 2017. The new UPC is expected to rival and potentially surpass US courts as the preferred venue for major patent disputes, as US companies will be able to obtain an EU-wide injunction via a single litigation, instead of having to litigate in each jurisdiction. This will drastically reduce costs and improve enforcement, but it won’t be easy. The new system and the changes in procedure and process are complex. Companies must assess multiple factors to decide in advance whether to participate or opt-out. This panel comprised of lawyers dually qualified in the US and UK will focus on how the UPC will impact IP filing and enforcement strategies of US companies, and answer questions such as: What strategic planning should US companies be doing now to prepare for the UPC?; What are the best practices to protect US companies’ patent portfolios in Europe?; What are the commercial advantages of opting-in or out of the UPC?; How will early UPC participants shape the new court system?; How do US companies decide whether to opt-in or opt-out?; How do US companies approach product clearance and FTO in Europe, particularly as applied in licensing and acquisitions?; What are the options for mitigating significant competitor patent risk before it is exacerbated by the UPC?
Developing technologies and our increasingly mobile and global society enhance the logistical ease and potential benefits of multi-jurisdictional practice. However, inconsistent licensing and unauthorized practice of law rules and the fundamental need to protect privilege and privacy may limit its usefulness and efficiency. In this session, in-house counsel from organizations with multi-jurisdictional presence will share ideas about how their companies and others might use available technology to better leverage resources across jurisdictions. Just as importantly, they will identify some potential pitfalls — ethical and otherwise — to help participants understand the practical and legal parameters of such practices involving MRCP 5.5.
Numerous states prohibit employers from disciplining or discharging employees for off-duty conduct. A growing number of states have legalized the use of medical marijuana and/or recreational marijuana. An even larger number of states have limited an employer’s ability to use social media, criminal background checks and credit reports when making employment decisions. These ongoing changes to the law, combined with the National Labor Relations Board’s increased oversight, make it increasingly difficult for employers to take adverse employment action against an applicant or employee for conduct that does not occur in the workplace. This session will provide attendees with an update on the law in this evolving area, guidelines for compliance, tips on avoiding litigation and optimal positioning for a positive outcome if litigation is commenced.
The evolving landscape of economic sanctions continues to be the foremost concern to global corporations as new countries and regimes are targeted, amendments to diplomatic positions and policies are implemented, new tools emerge for implementation and enforcement efforts remain steady. Hear from experts with varying perspectives (outside counsel and in-house counsel from both sides of the pond and former senior Office of Foreign Assets Control (OFAC) employees) on the current state of US and EU economic sanctions, including those targeting Ukraine/Russia, Iran, Cuba, North Korea, Sudan, Syria and Myanmar. Explore the new issues and considerations in-house lawyers should be thinking about, how to navigate an atmosphere of increased compliance from a global perspective and what to take away from recent global enforcement trends. The discussion-style panel is composed of A&O experts from the United States and Europe, former OFAC employees and industry participants from global corporations and financial institutions.