AGENDA OVERVIEW: November 18 SessionNovember 19 Session


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BREAKFAST TRACK - DAY 1
8:15AM-9:15AM
Legal Ethics
John Steele
Attorney at Law
 
WORKFORCE ISSUES
10:50AM-12:20PM
Employee Mobility Update
Eric Tate
Morrison & Foerster LLP
 If you think you understand all the ins and outs of the way the Golden State treats employee mobility issues, be prepared to be surprised by this discussion of new developments regarding enforceability of non-competes and employee non-solicitation provisions, in light of a new state law and recent court decisions.
NETWORKING LUNCHEON
12:20PM-1:45PM
 
WORKFORCE ISSUES
2:40PM-3:25PM
The Times are Changing: Challenges when restructuring a business views from France, Germany, and the United Kingdom
Manfred Schmid, Valerie Blandeau & Helen Corden
Pinsent Masons LLP
 Brexit, trade wars and a weakening economy globally are some of the most important challenges companies are facing these days. As a response to economic difficulties resulting from a disruptive environment, the partial or total shut down of businesses often seems to be the only viable option. Our legal experts from three different European jurisdictions (France, Germany, and United Kingdom) will present a case study and work out with you in detail things you need to take into account when restructuring a business in these jurisdictions. Our lecture will focus on the must-knows for employers, such as consultation obligations with employees, the duty to negotiate with the local works council, union or the EWC, the termination procedure in general and related pitfalls and exposure, the impact of restructurings on D&I and, last but not least, timing and financial considerations, pointing out differences and similarities of the process in the three countries.
GLOBAL IP & TECH COMMERCE
3:45PM-4:45PM
Global Antitrust: Areas of Growing Concern for Technology Companies
Jeffrey Kessler, Eric Meiring & Susannah Torpey
Winston & Strawn LLP
 This presentation will focus on three trending areas of antitrust concern for technology companies:
  • Antitrust risks associated with Big Data and Platforms
  • No Poach 2.0 - risks for international and affiliated companies
  • Is cryptocurrency headed for antitrust manipulation claims?
WORKFORCE ISSUES
3:45PM-4:45PM
Global Antitrust: Areas of Growing Concern for Technology Companies
Jeffrey Kessler, Eric Meiring & Susannah Torpey
Winston & Strawn LLP
 This presentation will focus on three trending areas of antitrust concern for technology companies:
  • Antitrust risks associated with Big Data and Platforms
  • No Poach 2.0 - risks for international and affiliated companies
  • Is cryptocurrency headed for antitrust manipulation claims?
GLOBAL CORPORATE & REGULATORY
9:30AM-10:30AM
The Minefields Are Drifting: Update on OFAC and Other Sanction Programs Affecting Silicon Valley Companies
Cari Stinebower
Winston & Strawn LLP
 As Silicon Valley's supply chains and investment vehicles become more sophisticated, so does the risk of running afoul of U.S. economic sanctions like those administered by the Office of Foreign Asset Control (OFAC). Meanwhile, disruptive trade wars can lead to workarounds that make compliance even more complicated. This presentation will review basic OFAC compliance and how important developments of the past year should factor into a technology company's compliance programs.
GLOBAL CORPORATE & REGULATORY
10:50AM-12:20PM
Who Did We Acquire Today? Tales of Global M&A
Vanina de Verneuil
DLA Piper
 This panel will include experienced inside and outside counsel, who will use their M&A war stories as a springboard for exploring the current tricks, traps and trajectories of cross-border acquisitions.
GLOBAL CORPORATE & REGULATORY
1:45PM-2:30PM
European Regulatory Update: Brexit
John Davidson-Kelly & Konstantin Ewald
Osborne Clarke
 This presentation will explore impacts of Brexit for Silicon Valley companies, including:
  • Competition
  • Consumer Protection
  • Data Protection
  • Other European legal and regulatory issues facing US companies.
PRIVACY & PRODUCT
1:45PM-2:30PM
HIPAA Update
Brandon Ge & Kristin Madigan
Crowell & Moring LLP
 Tech companies often become subject to HIPAA's health information privacy and security regulations as "business associates" by handling and creating individually identifiable health information on behalf of "covered entities" - health plans, health care clearinghouses, and most health care providers. This presentation discusses some important factors to consider in determining whether your company is subject to HIPAA. This discussion will focus on what in-house counsel need to know about the consequent HIPAA compliance obligations and recent HIPAA enforcement trends and regulatory guidance, including the interplay between HIPAA and recent state consumer privacy law, such as the California Consumer Privacy Act.
GLOBAL CORPORATE & REGULATORY
2:40PM-3:25PM
Were Your EARs Burning? How Export Regulations Target Cross-border Technology Development and Commercialization
Andrew Shoyer
Sidley Austin LLP
 Dual-use export controls are an increasing source of regulatory risk for tech companies. These controls are administered mainly through the Export Administration Regulations ("EAR") by the Bureau of Industry and Security ("BIS") of the US Department of Commerce. Since the passage of the Export Control Reform Act of 2018, BIS has been charged with identifying "emerging and foundational technologies" that should be subject to export licensing requirements. In this session, learn how these controls affect how companies develop software and technology across borders, whom and how they hire, and with whom they collaborate to develop and commercialize new products.
GLOBAL IP & TECH COMMERCE
9:30AM-10:30AM
Global Perspectives on Commercial Data Rights
Roger Bickerstaff, Christine Yiu & Benoit van Asbroeck
Bird & Bird LLP
 Staking a Claim to Data? Data is the oil of the data-driven world economy but countries around the world are introducing legislative "land grabs" to stake national claims over data assets.

International presenters from the US, China, Europe and the UK will provide an world overview of the emerging national rules on data localisation with a particular focus on:
  • the developing data localisation rules in China, the EU and Russia;
  • the developing attitude of the US authorities to data localisation;
  • the practical legal and contract implications for US companies doing business overseas that lawyers need to be aware of; and
  • a case study on dealing with the Chinese data localisation rules in the life sciences context.
WORKFORCE ISSUES
9:30AM-10:30AM
Workplace Investigations: Heightened Importance in the Me Too Era
Nancy Dearborn
Hixson Nagatani LLP
 
GLOBAL IP & TECH COMMERCE
10:50AM-12:20PM
Protecting and Defending Your Intellectual Property Assets in a Globally Connected Market
Stanley Young
Covington & Burling LLP
 
PRIVACY & PRODUCT
10:50AM-12:20PM
Privacy Issues in Technology Licensing
Jennifer Stanley
Fenwick & West LLP
 Beyond general warranties and limits on liability, privacy-related provisions are an increasingly important part of technology agreements. However, with the variety of Silicon Valley companies, one size never fits all. This discussion will explore privacy-related clauses in technology licenses, focusing on their key elements and variations to suit different company circumstances and objectives.
GLOBAL IP & TECH COMMERCE
1:45PM-2:30PM
Global Trademark Management
Jennifer Lantz/Lindsey Furtado
Haynes and Boone, LLP/Square, Inc.
 In this presentation, a team of inside and outside counsel will share their tips and experiences when building, managing and protecting trademarks across the globe.
WORKFORCE ISSUES
1:45PM-2:30PM
Fair Pay
 
GLOBAL IP & TECH COMMERCE
2:40PM-3:25PM
Patent vs. Trade Secret: The Pros and Cons of Protection/Enforcement in the U.S. and Europe
Robert McCauley/Anthony Tridico
Finnegan
 Intellectual property assets come in all shapes and sizes, and the best protection strategy (patent or trade secret) depends on the nature of the IP at issue. There are pros and cons to each, in both the protection and enforcement contexts, in the United States and in Europe. Please join our speakers, the managing partners of Finnegans offices in London and Palo Alto, for an in-depth discussion on these topics.
GLOBAL CORPORATE & REGULATORY
3:45PM-4:45PM
FCPA - Right Sizing Compliance Plans
Jina Choi & Charles Duross
Morrison & Foerster LLP
 
PRIVACY & PRODUCT
9:30AM-10:30AM
Social Media and eCommerce as a Global Product
Mark Mao/Mohan Nadig
Boies Schiller Flexner LLP/ByteDance
 Many mobile applications are now truly global, used by millions everywhere. Maintaining consistency in the product across different countries and cultures can often be a daunting challenge. This session will attempt to discuss the various legal and product design challenges with global social media products, especially in political environments where data privacy and IP laws are hotly contested.
PRIVACY & PRODUCT
10:50AM-12:20PM
State Your Privacy Policy: Complying with the California Consumer Privacy Act and Other State Privacy Regulations
Tracy Shapiro/Linsey Morrison
DLA Piper/Eventbrite
 The effective date is just weeks away for Silicon Valley's most important state-level privacy legislation - the California Consumer Product Act - and CA Attorney General enforcement will be enabled this summer. This discussion will focus on the CCPA and other state privacy rules of critical importance to Silicon Valley companies.
PRIVACY & PRODUCT
1:45PM-2:30PM
Dare To Share: Practical Approaches to Data Sharing Arrangements
Gretchen Ramos
Greenberg Traurig, LLP
 For many Silicon Valley companies built on information commerce, data sharing can be essential but problematic in today's fast-changing regulatory environment. This presentation will discuss the current key restrictions on sharing data, and options for satisfying them within different company business models.
PRIVACY & PRODUCT
2:40PM-3:25PM
Ads: When It's Just Business Is Personal, Too
Randi Singer
Weil, Gotshal & Manges LLP
 Reports of the death of advertising may be greatly exaggerated, but it is hard to dispute that technology has changed how companies market. From native advertising to experiential marketing and dark social, from broadcast to programmatic advertising and AI, from actual reality to augmented reality and virtual reality, advertising is increasingly personalized. This panel will explore the implications of these developments.

Program details are subject to change without notice

Following the 2019 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 credit for Legal Ethics, Elimination of Bias, and 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 includes presentations qualifying for participatory credit, including at least 4 hours of Legal Ethics, 1 hour of Elimination of Bias, and 1 hour of Competence Issues. Application pending for IAPP CPE credits (Privacy Track and presentations in other tracks marked "CPE") and IAPP Group A professional development credits.

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2019 Participating Law Firms & Companies