2013 All Hands Meeting
December 5th Main Session
Corporate & Regulatory Track Agenda

Privacy Update

Lydia Parnes & Michael Rubin
Wilson Sonsini Goodrich & Rosati PC

For an increasing number of companies, the data they collect from their customers and users has become mission critical. Yet the rules governing that collection­and its use and disclosure­are complex and evolving at a daunting pace. At the same time, the risks associated with missteps have become more significant, and can have permanent repercussions. This session will explore the latest trends in privacy enforcement from federal and state authorities, the class action bar, and the raft of new legislation coming online. The focus will be on how these issues intersect with the latest "hot" privacy issues: online advertising and "do not track," mobile privacy, kids' privacy, data security, and data brokers.

Corporate Governance Update

Bruce McNamara
Haynes and Boone, LLP

Since 2000 there has been a push by academics, shareholder activists and proxy advisory firms to expand the concept of “corporate governance” to cover a broader array of topics and constituencies. This external push towards a broader definition of corporate governance creates challenges for in-house counsel as they formulate the advice they will provide to their boards of directors. This session will address current topics in corporate governance and how the shift towards a broader view of corporate governance impacts the guidance in-house counsel provides to their boards of directors.

Hot Topics in Securities Litigation and What You Can Do About Them

Jordan Eth/James Maroulis
Morrison & Foerster LLP/Oracle Corporation

This session will explore the risks posed by the new wave of “say on pay” proxy litigation and the increasing number of shareholder inspection demands under Delaware and California law. For each area, the panelists will offer concrete suggestions for managing and minimizing these risks. The panelists will also discuss the role forum selection clauses can play in protecting companies from duplicative securities litigation.

White Collar Update: A Major Shake-up in Enforcement Leadership Leads to New Priorities and Risks in the Year Ahead

Robb Adkins
Winston & Strawn LLP

In recent months both the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) have ushered in new leadership to address a perceived lack of corporate enforcement and regulation. As we enter the last two years of the current administration, these new leaders have staked their reputations on new enforcement initiatives. Specifically, Mary Jo White, the former head criminal prosecutor in New York City and new Chair of the SEC, has promised “bold” SEC enforcement, with new priority areas, and an important change in policy on forcing admissions of wrongdoing as a prerequisite to settlement. Leslie Caldwell, former director of the Enron Task Force, has been put forward to take over as the top criminal enforcement official at the DOJ and will be re-focusing the feds on corporate fraud enforcement areas that have not seen as much attention over the past six years. Come learn from Robb Adkins, who also previously served as an Enron prosecutor and as the top anti­fraud official in the current administration, as he explains the new enforcement priorities and risks that you and your company will face in the year ahead.

Reducing Litigation Risk and Expense through Effective E-Discovery Solutions

David Cross, Beatrice Nguyen & Jeane Thomas
Crowell & Moring LLP

As the volume and complexity of electronically-stored information increase by leaps and bounds, so do the cost and risk of discovery in litigation--especially with spoliation sanctions on the rise. But litigants have a variety of effective tools available to them to stem the tide. The greatest potential for reducing costs and improving accuracy may lie with predictive coding (or technology-assisted review), which is every bit effective as the hype when managed properly. Other tools include litigation readiness planning, automated privilege filters and techniques, non-waiver orders, and significant limits on discovery through negotiated or court-ordered protocols. And further relief is in sight with the anticipated amendments to the Federal Rules of Civil Procedure. Our panel of experts will provide practical guidance to help inhouse counsel greatly reduce expense and risk associated with ediscovery.

Antitrust Update

Christopher Hockett & Jon Leibowitz
Davis Polk & Wardwell LLP

This year’s Antitrust Update will be presented by Davis Polk partners Jon Leibowitz, former Chairman of the Federal Trade Commission, and Chris Hockett, current Chair of the ABA Antitrust Section. The session will address a wide range of hot topics and developments in antitrust and consumer protection, including (1) current merger enforcement priorities and trends; (2) strategies for dealing with government agencies investigating mergers and antitrust conduct; (3) standard-setting and the evolving antitrust implications of patent assertion entities; (4) investigations and focus areas for non-merger antitrust enforcement and litigation; and (5) China’s antitrust regulation and enforcement regime and what it means for Silicon Valley companies.

M&A Update

William M. Kelly & Mischa Travers
Davis Polk & Wardwell LLP

This discussion will focus on recent M&A trends and developments, particularly as they affect technology companies, in regards to: (1) Dealing with and preparing for activist shareholders; (2) Delaware law; and (3) Dealing with private equity firms as buyers and sellers.

Please Note: Program details are subject to change without notice

Participating Law Firms & Companies