AGENDA OVERVIEW: October 15 SessionOctober 16 Session


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BREAKFAST TRACK - DAY 1
7:45AM-8:45AM
Legal Ethics Cagematch
Steven Bochner & Nina Locker/Lee-Anne Mulholland/Amy Fliegelman Olli
Wilson Sonsini Goodrich & Rosati PC/Google Inc./VMware, Inc.
 Legal Ethics, by definition, includes making hard calls on close choices, and there is no substitute for practice. For this year's legal ethics session, a panel of experts will discuss real-life situations that frequently arise during internal investigations, and then the audience will be invited to make the tough calls along with them, using instant-vote technology.
LIFE SCIENCES
9:00AM-10:00AM
Managing the Blind Spots – Cross-Industry Alliances
Joshua Hofheimer
Sidley Austin LLP
 As companies explore new technologies and commercial channels outside their core competencies, many consider strategic partnerships to bring industry expertise to their new ventures. Today, we see a growing number of collaborations between technology and life sciences/biotech/medical device companies, which can raise a host of challenges and hurdles and uncover issues or gaps in their core business. Tech companies are accustomed to moving at fast pace and are not used to working within a regulatory framework that life sciences companies confront every day. Sidley Austin partner, Josh Hofheimer will discuss key considerations when collaborating across industries, lessons learned on how to best manage challenges and “blind spots.”
LIFE SCIENCES
10:30AM-11:15 AM
FDA Update: Gene Therapy, Genome Editing and Beyond
Emily Marden
Sidley Austin LLP
 It seems that every day we are hearing about the promise of new developments in genetic technologies for everything from curing cancer to ensuring global food security. Gene therapy and genome editing are being utilized in an effort to cure intractable human diseases such as cancer and hemophilia. And genome editing has become the go-to tool for innovation in the food and agriculture sector. FDA and USDA are taking steps to ensure that their regulatory framework is relevant and responsive to these potent genomic technologies and concerns that stakeholders might have. In this presentation we will assess the evolving regulatory landscape and discuss potential challenges for development of commercial products.
LIFE SCIENCES
11:15AM-12:00PM
Life Science IP Update
Brian Schar & Sandeep Birdi
CrossPond Law
 
NETWORKING LUNCHEON
Oct 15 12:00PM-1:30PM
Artificial Intelligence: The promise and the novel legal, ethical and policy issues posed
Michelle Kwok Lee
Stanford Law School
 
LIFE SCIENCES
1:30PM-2:15PM
Distributed Ledger Technology: A Guide for the Perplexed
Samuel Dibble/Navin Sethi
Baker Botts LLP/EY
 An easy to understand overview of cryptocurrencies, tokens, blockchain and other applications of distributed ledger technology. Learn about exciting recent developments in the use of this technology and innovations in how funds are raised, including recent trends in ICOs, SAFTs and token pre-sales. We will also discuss the securities, tax and consumer protection issues raised by these innovations.
LIFE SCIENCES
2:20PM-3:05PM
Fintech and Europe: Navigating Legal and Regulatory Challenges in the EU
Gina Conheady & John Whelan
A&L Goodbody
 Tech savvy in-house counsel know that the fintech technological revolution is global, but that regulations and commercial standards of nations and multinational blocs are not all adapting at the same pace, or in the same ways. Whether you're counsel of a fintech company, or of a company that relies upon or engages with fintech companies, this presentation will give you an overview of the regulatory landscape in Europe and the key differences between the US and EU regimes in this area.
PRIVACY & DATA SECURITY
**October 16**
2:20PM-3:05PM
California Consumer Privacy Act Update
David Navetta & Adam Connolly
Cooley LLP
 In June 2018, the California Legislature passed Assembly Bill 375 and enacted the California Consumer Privacy Act of 2018 (the “CCPA”). This sweeping law will impact a large number of businesses that collect or sell California residents’ personal information. In addition to stringent new compliance requirements, the law poses significant regulatory and class action risks. Companies in California, the United States, and around the globe, are analyzing this legislation and preparing to comply. Now that the dust has settled a bit it is time to dive deeper into the CCPA’s structure, requirements and potential impacts. During this session seasoned privacy lawyers will break down the CPPA, discuss its potential impacts and lay out what companies need to do to get ready and address the law.
GLOBAL CORPORATE & REGULATORY
3:30PM-4:30PM
FCPA Update
 In recent quarters the DOJ and SEC seem to have been easing off pedal-to-the-metal growth in number and reach of Foreign Corrupt Practice Act enforcement actions. Is this statistical noise or a lasting policy turn that in-house counsel should factor into their plans and policies for international operations? This discussion will assess recent developments in geographic focus, declination policy, and other factors affecting FCPA enforcement, and how they fit into strategic global risk management.
LIFE SCIENCES
3:30PM-4:30PM
FCPA Update
 In recent quarters the DOJ and SEC seem to have been easing off pedal-to-the-metal growth in number and reach of Foreign Corrupt Practice Act enforcement actions. Is this statistical noise or a lasting policy turn that in-house counsel should factor into their plans and policies for international operations? This discussion will assess recent developments in geographic focus, declination policy, and other factors affecting FCPA enforcement, and how they fit into strategic global risk management.
GLOBAL CORPORATE & REGULATORY
9:00AM-10:00AM
CFIUS: Washington Disrupts Silicon Valley
Stephen Heifetz
Wilson Sonsini Goodrich & Rosati PC
 The Committee on Foreign Investment in the United States (CFIUS), which conducts national security reviews of inbound investments, looks set to become a central reviewer for a broad range of transactions involving foreign persons, not only acquisitions but also small minority investments. Because of new legislation, even US funds making investments in US companies may be subject to CFIUS review if there is a foreign limited partner in the fund. Further, in some circumstances CFIUS filings will be mandatory under the new legislation. CFIUS -- previously known primarily to international M&A attorneys and national security specialists, and for occasional high-profile blocks of deals such as Qualcomm/Broadcom and Lattice Semiconductor/Canyon Bridge -- now is likely to become a regular feature of Silicon Valley dealmaking. This discussion will explain the new legislation that is causing CFIUS to become a more disruptive force, the types of transactions that face CFIUS risk, and how those risks can be addressed.
GLOBAL CORPORATE & REGULATORY
10:30AM-12:00PM
48 Hours: Responding Effectively to Public Allegations of Misconduct in the C-Suite
Eric Holder, Aaron Lewis, Catharina Min and Carolyn Rashby/Tammy Albarrán
Covington & Burling LLP/Uber Technologies, Inc.
 The first 48 hours after a public report of alleged misconduct in the C-Suite can make all the difference. As the last year has shown, this is especially true when allegations raise questions involving harassment, discrimination, or other examples of a toxic workplace culture. When the board turns to you and your legal team for guidance, what steps should you recommend to ensure that the company responds effectively—and credibly—in the midst of a rapidly evolving crisis? Join this panel of experts, including former Attorney General Eric Holder, and Uber's Deputy General Counsel, Tammy Albarrán, as they discuss best practices for leading companies through suddenly-erupting, multifaceted crises, to build stronger, more equitable workplace cultures.
GLOBAL CORPORATE & REGULATORY
1:30PM-2:15PM
Cyber, Crisis and Reputation
Ashley Hurst, Chia-Ling Koh & Prashant Mara
Osborne Clarke
 This panel discussion will focus on the legal and practical ways in which companies can mitigate reputational damage from an international cyber or data crisis. Partners from Osborne Clarke's offices in the UK, India and Singapore will use a hypothetical scenario to highlight key practical tips in managing cross-border cyber incidents and legal remedies available to protect reputation.
GLOBAL CORPORATE & REGULATORY
2:20PM-3:05PM
Managing Cross-Border M&A Deals
Brandee Diamond & Louis Lehot
DLA Piper
 Tariffs, trade war threats and deal scrutiny have all been on the rise this year, raising the stakes for careful management of cross-border transactions. This presentation will review recent trends and techniques for keeping international deals on track.
GLOBAL IP & TECH COMMERCE
9:00AM-10:00AM
The Silent Majority (of Licenses): Global IP Rights in Non-FRAND Commercial Agreements
Christopher Sharp & Michael Schneider/David Fligor
Pinsent Masons/ASSIA, Inc.
 In this presentation, a panel of multinational experts will discuss the emerging licensing issues (and options for addressing those issues, with sample contractual language) that surround non-FRAND IP rights in commercial agreements outside the United States.
GLOBAL IP & TECH COMMERCE
10:30AM-12:00PM
FRAND Licensing Challenges in Europe and Asia
Christian Harmsen, Richard Vary & Christine Yiu
Bird & Bird LLP
 The world is becoming wireless. Wireless connectivity technology is becoming integrated into many of our devices and products: it is the connection of choice. Implementers of wireless connectivity are faced with large numbers of licensing demands, from huge portfolio owners, to pools, to small but sometimes aggressive NPEs, making it hard to distinguish the reasonable demands from the overblown. Patent owners and technology developers find it harder to negotiate licences. Courts and regulators are becoming increasingly polarised, with some seen as being anti-patent and others being seen as pro-patent. As it becomes harder to enforce patents in the US, users fear the creation of the UPC in Europe: will Europe become the new trolls playground? Or is China becoming the venue of choice?

This presentation will tell you what's really happening "over there" in Europe and Asia:

  • Is Germany the go to country for injunctions? How is FRAND being addressed post Huawei v ZTE?
  • Huawei v Samsung: How China deals with FRAND, and how the approach to valuation differs from TCL?
  • Unwired Planet and its appeal: how the UK approaches portfolio determination and FRAND injunctions
  • The UPC is coming… but is it? How will that change things?
  • Is arbitration of rates the way to go or can you ask one of the courts for a global determination? How can this be made affordable and reasonable for smaller players and not just Big Tech?
GLOBAL IP & TECH COMMERCE
1:30PM-2:15PM
Canadian patent litigation: practical guide for in-house counsel
Steven Garland/Cullen Pendleton
Smart & Biggar/Dow Chemical Company
 American companies in the technology sector have increasingly become involved in Canadian IP litigation. From record-setting patent damage awards to several pro-patentee decisions, Canada's courts have made it clear that they are open for business in assisting US patent owners.

This session will explore patent litigation north of the border and some of the major differences from patent litigation in the US, both from a substantive and experiential standpoint, including:

  • Canadian Court system per se
  • Pleadings, discovery, use of experts, infringement testing, and trial process
  • Canadian remedies for infringement
  • Canadian appellate process
  • Invalidity proceedings
GLOBAL IP & TECH COMMERCE
2:20PM-3:05PM
IP Protection in China
Jamie Rowlands
Gowling WLG
 In the current climate of accusations of IP theft from theTrump Administration and trade war sanctions, China remains a hugely commercial jurisdiction for US tech companies. Despite some notable upsets, IP protection in China is improving as long as foreign companies understand the IP landscape and tools at their disposal to ensure IP infringements can be remedied in the Middle Kingdom. This discussion will focus on important issues to consider, and practical tips for litigating in China.
GLOBAL IP & TECH COMMERCE
3:30PM-4:30PM
GDPR: lessons from the first 4 months & action items
Lothar Determann, Helena Engfeldt & Jonathan Tam
Baker & McKenzie LLP
 At this time last year, the GDPR was at the starting block and in-house legal departments were anxiously preparing for its implementation. Now that the waiting is over, this presentation will discuss:
  • New guidance, national laws, enforcement activities
  • Practical tips and experiences regarding data subject requests and breaches
  • Covering the extended enterprise: vendor onboarding and contracts
  • Industry impact and action items: IT, healthcare, consumer goods
  • Global context: leveraging GDPR for California, Brazil, India and beyond
PRIVACY & DATA SECURITY
3:30PM-4:30PM
GDPR: lessons from the first 4 months & action items
Lothar Determann, Helena Engfeldt & Jonathan Tam
Baker & McKenzie LLP
 At this time last year, the GDPR was at the starting block and in-house legal departments were anxiously preparing for its implementation. Now that the waiting is over, this presentation will discuss:
  • New guidance, national laws, enforcement activities
  • Practical tips and experiences regarding data subject requests and breaches
  • Covering the extended enterprise: vendor onboarding and contracts
  • Industry impact and action items: IT, healthcare, consumer goods
  • Global context: leveraging GDPR for California, Brazil, India and beyond
PRIVACY & DATA SECURITY
9:00AM-10:00AM
Updating Data Law and Procedures - Protection v. Prosecution
Abbe Lowell
Winston & Strawn LLP
 There have been few phenomena that challenge constitutional and legal protections than the explosion of e-data, especially the highly increased access to confidential personal information. Law enforcement agencies, private companies, and individuals are all struggling to determine the level of government jurisdiction, the obligations and liabilities of companies, and the rights for individuals concerning their data. While charting the course in this new era, private companies are faced with overwhelming investigative demands, increased investigations by federal and state officials for data breaches and leaks, and heightened susceptibility to more and more claims by their customers. We will address the state of the tension between law enforcement and the private sector to determine what is happening now and what we can expect in the near future.
PRIVACY & DATA SECURITY
10:30AM-12:00PM
Privacy by Design and New Technologies
Christine Lyon & Miriam Wugmeister/Alexis Goltra/Risha Jamison
Morrison & Foerster LLP/Oracle Corporation/Stripe
 Global, data-driven companies are turning to increasingly sophisticated methods to remain commercially competitive.  From big data and artificial intelligence to behavioral targeting and biometrics, the technology at companies? disposal is seemingly limitless, but so too are the potential privacy and security risks.
 
Join us for a practical and interactive session designed to equip GCs with an overview of the legal risks associated with these cutting-edge technologies via three modules:
 
I. An overview of the technologies and the privacy issues they implicate
II. Guided realistic hypotheticals
III. An interactive simulation involving the roll-out of a new product based on principles of privacy by design.
PRIVACY & DATA SECURITY
1:30PM-2:15PM
Data Privacy and Cybersecurity Litigation - Trends for Litigators and Practical Lessons for Transactional Lawyers
Ian Ballon
Greenberg Traurig, LLP
 This presentation will discuss legal trends and strategy in data privacy, cybersecurity breach and TCPA class action suits, including practice tips for both inhouse litigators and transactional lawyers. The presentation will address key legal developments in online and mobile contract formation, the enforceability of arbitration provisions in consumer contracts, facts patterns most likely to lead to litigation, case summaries and trends under the Computer Fraud and Abuse Act, Video Privacy Protection Act, Illinois Biometic Privacy Act and other federal and state statutes and common law theories, ways to avoid class certification and proactive steps that inhouse counsel can take to minimize the risk of litigation and, in the event of litigation, damages and class certification. Attendees will also receive complimentary copies of relevant excerpts from the speaker's treatise, E-Commerce & Internet Law 2d (West 2018, www.ianballon.net)
PRIVACY & DATA SECURITY
2:20PM-3:05PM
Complex Threat Investigations: Managing Risk
Gabriel Ramsey/Justin Zeefe
Crowell & Moring LLP/Nisos LLC
 Companies face a whole host of increasingly complex threats, such as trade secret theft, insider threats, cybercrime adversaries, aggressive competitors and misconduct by business and supply chain partners. Adversaries can be highly motivated, sophisticated, resourced and innovative. Often this activity occurs in the digital domain, which is opaque, pervasive and global in scope. Thus, such threats are a challenge to detect, assess, mitigate, attribute, and deter. Companies are called upon to develop approaches and internal teams to investigate and remediate these forms of risk. However, targets must, themselves, assume a certain level of risk to effectively investigate and obtain sufficient insight to counter the problems. Available tools and real-world practices to address these threats often outpace the law. This discussion explores legal and ethical risk, and provides practical guidance for in-house counsel asked to develop or oversee robust investigations capabilities and teams. Topics include competitive intelligence programs, employee and asset monitoring, cybersecurity defenses and forward-leaning technical tools.

Program details are subject to change without notice

Following the 2018 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 1 hour of credit for Legal Ethics and 1 hour of credit for Elimination of Bias. Recorded program will make available presentations qualifying for at least 4 hours of participatory credit, including 4 hours of Legal Ethics, 1 hour of Elimination of Bias, and 1 hour of Competence Issues. IAPP CPE Approved Credits.

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2018 Participating Law Firms & Companies