Special Subjects Session
- The recent wave of Video Privacy Protection Act class actions brought against media companies based on disclosures to third party data analytics companies and social networking sites
- The legal, privacy, and data security implications of the evolving world of the Internet of Things and Big Data
- The state of play in the so-called email “scanning” class actions
- Data breach and class action settlements keep getting larger – what does this mean for insurance?
- What the EU’s right to be forgotten means for U.S. tech companies
- Understanding the institutional shareholder corporate governance reform wish list: majority voting, proxy access, universal proxy, one share/one vote, auditor disclosure and rotation, disclosure of corporate political and lobbying activity, disclosure on sustainability;
- Trends in shareholder activism and engagement;
- Trends in bylaw amendments;
- Compensation-related litigation and how to minimize those risks;
- Compensation disclosure innovations – getting beyond techniccal compliance;
- Compensation guidelines of institutional shareholders and advisors;
- Other hot topics: enhancing industry and other expertise on boards, board refreshment mechanisms, diversity, independent board leadership, developments in other countries that could impact governance in the U.S.
2014 Keynote Address
- The Internet and various social media platforms have increasingly enabled drug and device manufacturers to more actively engage with consumers and healthcare professionals. These communications are still subject to FDA oversight. We will discuss keeping your company apprised on the FDA’s recent guidance on communications using social media and some recommended best practices.
- Learn about recent cases addressing the preemption of FDA regulations and how they impact your safety department’s policies and procedures, as well as your labeling and litigation strategy.
- The FDA has adopted new views on the regulation of software used in the healthcare IT industry (medical devices used to manage medical data and/or images and mobile medical applications). Knowing whether your software is or is not a medical device is critical for budgeting development costs and ensuring regulatory compliance.
- Lastly, we will discuss FDA’s proposed regulation of laboratory developed tests (LDTs) and how that could affect current LDTs and the development of new LDTs.
- 2013-2014 trends in biotech collaborations, IPOs and M&A
- Equity considerations in collaborations
- Change of Control considerations
- Patentable Subject Matter in Life Sciences
- Challenging Life Sciences Patents at the Patent Trial and Appeal Board
- Key "Canadian" points to watch out for in cross border life sciences transactions
- Current trends in venture capital investment in Canada
- The regulatory regime for therapeutic approvals
- Employment standards in Canada
- Venture capital term sheets and deal terms
- Key issues in mergers and acquisitions
- What should those companies who contract with the government, or are contemplating doing so, know?
- What federal regulations impact Bay Area businesses who would like to access Federal funds?
- How can companies take advantage of the opportunities Federal contracting provides without exposing themselves to potential downside risks?
- Why technical due diligence is important in software company M&A transactions
- What steps are involved in the diligence process
- Challenges and common concerns of acquirers and investors
- Risk allocation - reps and warranties, disclosure schedule, closing conditions
- Coordinating resolution of technical and legal issues - remediation plans and other solutions
- High-Tech Employee Antitrust Litigation
- Restrictive Covenants After Arthur Andersen
- Current Topics in Trade Secrets: Symantec study; Bad faith in trade secret lawsuits; USTA preemption; Social media accounts and information as trade secrets; NLRB and confidentiality policies/provision
- New Minimum Wage & Minimum Salary Requirements
- Recognizing and Documenting Commission Plans
- Properly Calculating the Regular Rate
- Statistical Evidence Post-Dukes/Duran
- Litigating PAGA Cases
- Use of evidence obtained in one jurisdiction in another, foreign jurisdiction
- The impact of protective orders between jurisdictions (including prosecution bars)
- Preserving privilege in communications with non-US counsel
- The EU's highly-restrictive approach to privilege for in-house counsel
- Differing approaches to the preservation of confidential material between the US and Europe
Please Note: Program details are subject to change without notice
Ivy Associates is a State Bar of California MCLE approved provider. The November 6-7, 2014 program qualifies for a maximum of 14 hours of total credit, including a maximum of: 4 hours of special subject credit for Legal Ethics; 1 hour of special subject credit for Elimination of Bias; and 1 hour of special subject credit for Competence Issues.