2015 All Hands Meeting
October 29 Session
Corporate & Regulatory Track Agenda

Cybersecurity Update

Gus Coldebella
Fish & Richardson, P.C.

An update on regulatory requirements for cyber security disclosures, and related fiduciary duties for members of the Board of Directors.

M&A Update: Seller Perspective

John Martin
Baker Botts L.L.P.

A discussion of how technology companies can and should prepare their defensive posture for the possibility of an unsolicited bid, in light of recent Delaware cases.

Governance Update

William Hinman, Kirsten Jensen & Atif Azher
Simpson Thacher & Bartlett LLP

U.S. Antitrust Update

Hanno Kaiser
Latham & Watkins LLP

It is All Connected: Minimizing Litigation and Regulatory Risks on the Internet of Things

Gregory Call & Cheryl Falvey
Crowell & Moring LLP

The "Internet of Things" has been described as the "extension of the internet to the physical world" - sensors and actuators embedded in everyday devices to collect and share data via the Internet. Interconnected products offer consumers the ability to change their home thermostat settings from the office, view the live video feed from a nanny or pet-cam remotely, track their exercise habits or turn on or off a security alarm. These rapidly evolving technologies can offer significant consumer and commercial benefits, but also pose challenges for regulators, manufacturers and retailers as the worlds of high tech communication and interconnectivity collide with consumer product security and safety. Both regulators and the plaintiffs' bar will demand that interconnected products have safety and security designed into the product from the outset. Vulnerabilities will provide fodder for class action litigation alleging misrepresentations and consumer fraud in the advertising of products, and could lead to allegations of a failure to disclose or warn consumers of those vulnerabilities, recall or FTC action, fines and onerous compliance obligations with long-lasting regulatory oversight. Leveraging the benefits these products bring while minimizing litigation and regulatory risks and protecting intellectual property and ownership rights presents both opportunities and challenges. Join us to hear best practices to minimize risk of both class action litigation and regulatory action when launching interconnected products for both consumer and industrial use.

Preparing and Presenting the Executive Witness for Interrogation

Kevin Sadler
Baker Botts L.L.P.

When a corporation?s senior executives must answer questions, under oath, in the course of a government investigation or civil litigation, there are significant risks to both the corporation and to the executives. The courtroom or interrogation room is not the boardroom, and an executive?s skills and strengths routinely used in the corporate environment may well be ineffective, or worse, in responding to investigations or litigation. Examples abound of very successful and very smart executives performing less than convincingly in the litigation environment (W.H. Gates and W. J. Clinton are but two of too many). The task of preparing and presenting the executive to answer questions in an adversarial environment poses significant challenges for the executive, in-house counsel, and outside counsel. Drawing on more than 25 years experience as a trial lawyer, Kevin Sadler will provide specific and practical advice to assist counsel, both inside and outside the company, in navigating the minefield created when senior executives in a company are called upon to defend and explain their actions, and those of the corporation.

Please Note: Program details are subject to change without notice

2015 Participating Law Firms & Companies