AGENDA OVERVIEW: October 28 SessionOctober 29 Session


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LEGAL ETHICS - DAY 1
Oct 28 9:15AM-10:15AM
Ethical Thickets in IP Disputes
James Pooley
James Pooley, A Professional Law Corporation
 This presentation will examine some of the thornier ethical issues in trade secret and patent matters, such as subject matter conflicts on patents and separate representation for individuals in trade secret disputes.
LUNCHEON PRESENTATION - DAY 1
Oct 28 12:05PM-1:30PM
Quick Strategies for Effective Decision Making
Randall Kiser
DecisionSet
 
LIFE SCIENCES
10:30AM-12:05PM
Successfully Navigating the Business Imperative to Demonstrate and Communicate Product Value
Torrey Cope, Meena Datta/Hae-Won Min Liao
Sidley Austin LLP/Gilead Sciences, Inc.
 Drug and device manufacturers are facing greater-than-ever pressure to demonstrate the value of their products to payors, to providers, and to patients. At the same time, there are many Healthcare- and FDA-related obstacles that complicate execution of this business imperative. This session will explore how these dynamics are currently playing out with respect to patient assistance programs (PAPs) and value-added services, and address recent First Amendment developments that have potential to completely redefine the ways companies engage in value-focused communications. The session will focus on practical ways in which these and other value-related tactics can be executed in an effective and compliant manner.
LIFE SCIENCES
1:30PM-2:15PM
Life Sciences IP Update: Unique Challenges for the Life Sciences in PTAB Litigation
Steven Carlson & Jonathan Waldrop/David Ruschke
Kasowitz, Benson, Torres & Friedman LLP/Medtronic CardioVascular
 The Patent Trial and Appeal Board (PTAB) has become a critical patent litigation forum. Initially favored in "tech" cases, we are now seeing an increasing share of medical device, pharma, and biotech cases heading to the PTAB. We will discuss the features of PTAB litigation that pose particular challenges and opportunities for the life sciences. This session provides practical advice for choosing among the potential PTAB forums (IPR, CBM, PGR), preparing a petition and defense (including how far expert testimony may be allowed), and navigating the pitfalls with copending litigation.
LIFE SCIENCES
2:20PM-3:05PM
Is Your Policy Panacea or Placebo? The In-House Lawyers’ Guide to Safe and Effective Use of Insurance Coverage
Carl Blumenstein
Nossaman LLP
 The life sciences and high tech industries are rapidly innovating, evolving and expanding. In those fast-paced industries, risks are also rapidly changing and increasing. It is essential for in-house counsel to understand what risks insurance policies cover, what they exclude, and how to maximize benefits. This discussion will focus on issues of particular importance to the life sciences sector, as well as those affecting all technology-driven companies. Key topics to be addressed include:
  • Privacy and cybersecurity
  • Product liability
  • Product defect
  • Directors’ and officers’ coverage
  • [Surprise!] impact of merger
A practical, state-of-the art dialogue about insurance issues and risk management for in-house professionals.
GLOBAL CORPORATE & REGULATORY
3:30PM-4:30PM
International Investigations
Luis Li
Munger Tolles & Olson LLP
 What happens when a criminal or civil enforcement investigation arises in a foreign jurisdiction and potential transnational litigation ensues? What are the practical consequences of such an investigation and how does a company defend its interests both abroad and in the United States? This session provides practical advice regarding coordinating defenses to transnational criminal and civil enforcement investigations and developing cost-effective and nuanced strategies to address these complex problems.
LIFE SCIENCES
3:30PM-4:30PM
International Investigations
Luis Li
Munger Tolles & Olson LLP
 What happens when a criminal or civil enforcement investigation arises in a foreign jurisdiction and potential transnational litigation ensues? What are the practical consequences of such an investigation and how does a company defend its interests both abroad and in the United States? This session provides practical advice regarding coordinating defenses to transnational criminal and civil enforcement investigations and developing cost-effective and nuanced strategies to address these complex problems.
GLOBAL CORPORATE & REGULATORY
10:30AM-11:15AM
Surviving (Or Acquiring) a European Workforce
Valérie Blandeau/Bettina Burgess
Wragge Lawrence Graham & Co LLP/Gowlings
 What must you know about European employment law, and what pitfalls can you avoid when planning new activities in European countries, especially in Germany, France or the United Kingdom? And when acquiring or changing operations in an existing business, what role does a Works Council play? Is it necessary to consult the council if a corporate transaction occurs at the level of the head office in the United States? What about the employees? Do they have a right to be informed of an acquisition project of their company in Europe, and what happens if that right is not respected? Be prepared to learn about the sometimes disturbing / delaying effects of labor law in corporate matters in Europe, even after an acquisition has completed.
GLOBAL CORPORATE & REGULATORY
11:20PM-12:05PM
The Multinational Merger Matrix: Who's Staging the Show: Asia, the Americas or Europe?
Rob Carlson & Thomas Brown
Paul, Hastings LLP
 This presentation will explore the boardroom decisions that executives (including the General Counsel) need to make about managing risks and potentials in multinational acquisitions that have strategic antitrust and competition implications, and how to frame the international expectations and discussions in line with these challenges.
GLOBAL CORPORATE & REGULATORY
1:30PM-2:15PM
Sanctions (OFAC) Compliance Update
Robert Torresen & David Simon
Sidley Austin LLP
 In recent months, there have been dramatic new developments in the area of trade and economic sanctions: the imposition of new sectoral sanctions against Russia in connection with the situation in Ukraine, the reestablishment of diplomatic relations with Cuba and some preliminary easing of the decades-old sanctions against that country, and the July 2015 announcement of an historic nuclear deal with Iran, which, if implemented, will result in a significant lifting of some US and EU secondary sanctions. Successfully navigating these (and many other) sanctions regimes enforced by the Treasury Department’s Office of Foreign Assets Control (OFAC) gives rise to some particularly vexing compliance challenges for both US and non-US companies. This session will provide an update of recent key developments, a discussion of compliance best practices, and a recap of recent penalty cases, and some predictions about what to expect next.
GLOBAL CORPORATE & REGULATORY
2:20PM-3:05PM
Key U.S. Multinational Employer Considerations in the Asia-Pacific Region
Darren Gardner & Dominic Hodson
Seyfarth Shaw LLP
 A discussion of key workforce considerations faced by U.S. multinational companies in the Asia-Pacific region. The session will cover a variety of employment law topics critical to the employment life-cycle in the Asia-Pacific region, including key aspects of employee hiring, workforce administration (including key compliance issues such as those surrounding contingent worker arrangements, international assignments, etc., and strategic solutions and approaches to each) and workforce restructuring issues.
GLOBAL IP & TECH COMMERCE
10:30AM-11:15AM
PRC Regulatory & Litigation Trends: A Hypothetical for In-House Counsel
Alexis Coll-Very, Adam Goldberg & James Kreissman
Simpson Thacher & Bartlett LLP
 This presentation will set the stage with a simple, realistic scenario of a typical Silicon Valley technology company doing business in China. Then, starting with the first sign of trouble, it will unfold an all-too-common progression of events from inside and outside the company, in China and the United States, that require decision, investigation and response.
GLOBAL IP & TECH COMMERCE
11:20PM-12:05PM
The Top 5 Issues to Consider When Selling Digital Services in Europe
John Davidson-Kelly, Beatrice Delmas-Linel, Konni Ewald & Steve Wilson
Osborne Clarke
 Selling goods or services in the European marketplace is becoming a key strategy for many Bay Area companies. Our panel of European specialists will discuss the top 5 issues which are vital for success in the digital market ranging from privacy to issues relevant for business-to-business and business-to-consumer sellers.
GLOBAL IP & TECH COMMERCE
1:30PM-2:15PM
International Arbitration of Technology-Related Disputes
Maria Chedid
Baker & McKenzie LLP
 This session will brief in-house counsel on the considerations relevant to evaluating when -- and how best -- to choose international arbitration to resolve technology-related and other cross-border disputes. The presentation will address recent trends, best practices at both the contractual and dispute resolution stages, and efforts by arbitral institutions to respond to the needs of arbitration users in high-tech industries, including expanded options for urgent interim relief pending a final arbitration award and expedited procedures for a speedier and more cost-efficient process.
GLOBAL IP & TECH COMMERCE
2:20PM-3:05PM
Freedom-To-Operate: How to Effectively Conduct a FTO Analysis Including a Discussion of Options for Clearing the Path in Both Europe and the US
Anthony Tridico
Finnegan
 For any company working at the leading edge of technology it is essential to understand the competitive landscape, and in particular the ability of your competitors to block your progress with their IP rights. We will consider strategies for assessing freedom to operate, including the timing and scope of any searching and how to analyze the search results obtained. We will outline particular considerations in Europe and the United States relating to the scope, validity and enforceability of any conflicting IP rights. If problems are identified, what can be done? We will consider the options that may be available for clearing the path in Europe and in the United States.
PRIVACY & DATA SECURITY
3:30PM-4:30PM
Safe Harbor for Data Transfer & Cyber Incident Response: Preparing for What's Coming Next - An EMEA Perspective
Alexander Duisberg & James Mullock
Bird & Bird
 As data and cyber security risks rocket, Europe is - next to the US - the region where regulations are most stringent. When EU law makers finalize new hard line data laws, fines may go up as much as 5% of worldwide turnover for failing to comply with regulations. Cyber incident management is among the main concerns, including in countries such as Germany, which has just recently adopted an IT Security Act. The session, headed by leading German and UK data experts, discusses practical experience and makes suggestions on how to prepare in going forward.
GLOBAL IP & TECH COMMERCE
3:30PM-4:30PM
Cyber Incident Response: Preparing for What's Coming Next ? An EMEA Perspective
Alexander Duisberg & James Mullock
Bird & Bird
 As data and cyber security risks rocket, Europe is - next to the US - the region where regulations are most stringent. When EU law makers finalize new hard line data laws, fines may go up as much as 5% of worldwide turnover for failing to comply with regulations. Cyber incident management is among the main concerns, including in countries such as Germany, which has just recently adopted an IT Security Act. The session, headed by leading German and UK data experts, discusses practical experience and makes suggestions on how to prepare in going forward.
PRIVACY & DATA SECURITY
10:30AM-11:15AM
Privacy and Data-Security Litigation Update
Matthew Brown
Cooley LLP
 As information increasingly moves to the cloud, as systems become ever more interconnected, and as remote access to data becomes the norm, issues concerning privacy and data security have received increased attention. The aggregation and sharing of information have led to significant innovations and improvements in a variety of settings. Yet consumers, citizens, and businesses alike have become more concerned and engaged given increasingly frequent reports of cyberattacks and allegations concerning the misuse of personal information. This update will discuss trends and developments in litigation concerning privacy and data-security issues, including government investigations and enforcement actions and private class action litigation, and their role in addressing past conduct and shaping future behavior.
PRIVACY & DATA SECURITY
11:20PM-12:05PM
California Privacy & Data Security Update
Lothar Determann, Jennifer Field & Teresa Michaud
Baker & McKenzie LLP
 Trust the Golden State to set the gold standard for privacy regulations in the USA - if by "gold standard" you mean "most rigorous." This cross-practice discussion will cover key developments and trends in the scope, compliance duties and enforcement of California privacy regulations, and when California privacy law applies in other states and countries. California has passed dozens of privacy laws in recent years. This panel will cover the most crucial California Privacy Laws and introduce the much wider range of issues covered in the new practical guide and commentary California Privacy Law, which will be published this October and will be available for order at this year's All Hands Meeting.
PRIVACY & DATA SECURITY
1:30PM-2:15PM
New Technology In The Workplace
Philip Gordon
Littler Mendelson P.C.
 New technologies used by the workforce and for workforce management are raising new issues of privacy in the workplace. This discussion will examine these new developments and trends, including BYOD, location tracking, cloud computing, "user-based analytics" (electronic monitorinig using big data techniques), and "continuous background checks."
PRIVACY & DATA SECURITY
2:20PM-3:05PM
Top Ten Privacy Issues for 2015
James Snell
Perkins Coie LLP
 Looking for an inside perspective on privacy issues? This segment will discuss hot topics and timely areas of interest for all in-house counsel, ranging from the Internet of Things, class action litigation, areas of FTC interest, and biometrics, to name a few. Is your company prepared for a data breach? What's the buzz about Big Data, consumer tracking, and cross-device connections? Learn how to spot and address these issues and more in our Top 10 list of "What You Need to Know Now."

Program details are subject to change without notice

Following the 2015 All Hands Meeting, recorded presentations for all California State Bar required subject areas will be made available to attendees, enabling them to self-schedule additional participatory credit for qualifying online presentations providing: 2 hours of credit for Legal Ethics, 1 hour of credit for Elimination of Bias, and 1 hour of credit for Competence Issues.

Ivy Associates is a State Bar of California MCLE approved provider. Live program qualifies for a maximum of 13 hours of participatory credit, including 2 hours of credit for Legal Ethics. Recorded program will qualify for maximum of 4 hours of participatory credit, including 2 hours of Legal Ethics, 1 hour of Elimination of Bias, and 1 hour of Competence Issues.

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2015 Participating Law Firms & Companies