2012 All Hands Meeting
December 6th Main Session
Corporate & Regulatory Track Agenda
9:00AM-10:00AM
Implementing and Responding to Anti-counterfeiting Programs and Takedown Orders
Timothy Cahn & Ryan Bricker/Joanne Chatley
Kilpatrick Townsend & Stockton LLP/Sony Computer Entertainment America LLC
This panel will be part legal update and part “best practices” presentation for companies that send notices and those that respond. There have been some interesting recent legal developments in the DMCA / contributory infringement / take-down world. Legal standards in this area are evolving and diverging, and responsibilities are uncertain for companies involved in online businesses, including hosts, cloud companies, search engines, privacy services, registrars, etc. Meanwhile, perhaps capitalizing on this ambiguity in the law, content-owning companies increasingly resort to large-scale take down notice campaigns as an alternative to litigation. How can companies that seek to stop piratical, and other unlawful, online behavior best take advantage of the evolving rules concerning secondary liability and take down obligations? How can companies who receive notices adopt practices that minimize exposure and avoid imposition of affirmative monitoring and policing duties?
10:30AM-12:00PM
Update on Recent Developments in Corporate Law
Aaron Alter, Jon Avina, Steven Bochner and Tony Jeffries
Wilson Sonsini Goodrich & Rosati PC
This presentation is designed to bring counsel at technology companies up to date on a variety of corporate issues, including: (1) Dodd-Frank – year in review, including NYSE/Nasdaq compensation committee and compensation advisor rules, conflict minerals, etc.; (2) Current areas of SEC focus – IPOs and ’34 Act reports; (3) Proxy season – 2012 in review and topics of interest for 2013, including ISS initiatives on ‘say on pay’; and (4) Corporate governance and the IPO process - including JOBS Act-related decision points and disclosures.
1:30PM-2:15PM
Crisis, What Crisis? - Eurozone M&A Continues
Joachim Fleury
Clifford Chance
A discussion of the latest trends in M&A and corporate governance in the Eurozone and other European countries, including the UK. Despite recession and an uncertain outlook for the future, deals are still happening, particularly in areas where technology and communications meet. Trends in deal terms, regulatory developments and learnings from recent transactions will all feature in this talk.
2:20PM-3:05PM
Privacy Law Update
Susan Lyon & Colin O'Malley
Cooley LLP/Evidon
Privacy risks keeping you up at night? 2012 has brought an alarming escalation of enforcement by US state and federal regulators, a barrage of private class actions, and constant media coverage of privacy incidents and issues. Hear about the latest privacy law issues that should be on your companies radar including do-not-track, kids privacy, mobile privacy issues, big data, and cloud privacy. Also, learn from a leading industry expert about practical considerations and solutions available to website owners and advertisers struggling to conduct online and mobile advertising, tracking, profiling, and analytics in a privacy compliant manner.
3:25PM-4:10PM
Cyber Intrusions: Incident Preparation and Response
Benjamin Powell
Wilmer Cutler Pickering Hale and Dorr LLP
In 2012, data security became the number one concern of both boards of directors and general counsels according to a survey of 11,340 directors and 1,957 general counsel. And with good reason. A cybersecurity breach may not just be costly in terms of remediation and litigation costing millions (or tens of millions) of dollars, but directly threaten the functioning of a company. In the face of pervasive cyber threats and almost daily cyber breaches, what steps can be taken in advance to prevent serious cybersecurity incidents and, if prevention fails, manage a crisis resulting from a cybersecurity breach? Our discussion will focus on the critical role of legal counsel in ensuring a company has put in place measures to mitigate cyber threats and respond to a cybersecurity crisis. Experts will discuss the rapid legal developments in the cybersecurity area and the lessons learned from advising a wide range of companies on preventing and responding to cybersecurity incidents.
4:15PM-5:00PM
Why Transfer Pricing Will Continue To Be the Biggest Tax Risk That Multinational Enterprises Face, and How To Manage That Risk
John Ryan/Andrew Gottlieb
Bingham McCutchen LLP/formerly with Novellus Systems, Inc.
Tax issues do not usually occupy much of the attention of General Counsel. Transfer pricing is often an exception, because of the magnitude of both potential liabilities and negative publicity. This presentation is intended to bring counsel up to date on the evolving state of the law internationally, the most difficult and contentious issues, and best practices for identifying and managing transfer pricing risk.
Please Note: Program details are subject to change without notice


