AGENDA OVERVIEW: October 17 SessionOctober 18 Session


For program details, hover cursor over segment or select track agenda at left side of page

Click for detailed track agenda Click for detailed track agenda Click for detailed track agenda Click for detailed track agenda Click for detailed track agenda Click for detailed track agenda
NETWORKING LUNCHEON
Oct 17 12:00PM-1:30PM
 
BREAKFAST TRACK - DAY 1
7:45AM-8:45AM
Navigating Legal Ethics from the Inside: Complexities of Ethics Rules for In House Counsel
Cynthia Cole & Kevin Sadler
Baker Botts LLP
 There is no shortage of recent press articles which tout the business prowess of general counsels and in-house legal teams -- "The in-house lawyer as business partner"; "The general counsel as ultimate business leader"; "A business leader with a legal background." In recent years, corporations have delegated to in-house legal teams more and more authority over areas of business that are not traditionally "legal." General counsels frequently have multiple titles and responsibilities over non-legal areas such as human resources and business development. Irrespective of title, however, lawyers remain bound by ethical obligations regardless of whether they practice in a law firm or a corporation.

In many respects, ethical obligations, duties and constraints can be more difficult for the in-house lawyer to navigate given the mix of business and law. In-house counsel are frequently on the front-lines of defense when companies are faced with crisis events that have both business and legal consequences; events such as major data breaches, exposure of fraudulent or questionable business practices, and less-than-competent actions by management or the board. General counsels and other in-house lawyers have taken the fall for compliance and other failures not related to the practice of law.
LIFE SCIENCES
9:00AM-10:00AM
FDA Update
Nancy Stade
Sidley Austin LLP
 This presentation will provide an overview of a number of different FDA initiatives announced since the change in administration, and a general discussion of changes that can be expected under new FDA Commissioner Scott Gottlieb.
LIFE SCIENCES
10:30AM-12:00PM
Life Sciences Open Forum: Leading a Small Legal Department
Alan Dow Ph.D./Julie Brooks/Ethan Knowlden/Brian Schar
Kilpatrick Townsend & Stockton LLP/Accela, Inc./Dextera Surgical Inc.
 Join in this panel discussion about the challenges of running a small legal department. Drawing on their in-house experience as leaders of the legal function at a number of small companies, the panelists will take turns discussing how they work with and meet the needs of various stakeholders:
  • Board of Directors, senior management, founders, shareholders
  • Purchasing department and in-house sales and marketing team
  • HR, employees and independent contractors
  • In-house attorneys, outside counsel, litigation, and U.S. and foreign government
Panelists include: Alan Dow, Ph.D., Counsel at Kilpatrick Townsend & Stockton, LLP; Julie Brooks, former EVP, General Counsel, Chief Compliance Officer, Veracyte, Inc.; Ethan Knowlden, SVP, General Counsel, Accela, Inc.; and Brian Schar, General Counsel, Director of IP, Chief Compliance Officer, Dextera Surgical Inc.
LIFE SCIENCES
1:30PM-2:15PM
Licensing and Deploying Digital Health Solutions
Jennifer Geetter & Daniel Gottlieb/David Wallace
McDermott Will & Emery LLP/Johnson & Johnson Services, Inc.
 This session will discuss the opportunities and constraints on licensing and deploying digital health solutions in the health care sector, including the following key business and regulatory issues:
  • Building the case for digital health solutions to health sector customers already bombarded with IT demands and emerging technology pitches
  • Developing and branding your solutions consistent with health care research norms and consumer protection laws
  • Impact of current private and government health insurance environment on need for particular solution features and implications for sales pitch to health care provider and health plan customers
  • Designing user-friendly security controls to comply with HIPAA security standards
  • TCPA compliance requirements for solutions that enable mobile calls and text messages to engage patients and other consumers
  • HIPAA requirements for aggregation of consumers’ personal information both to serve customers and also for secondary data business
LIFE SCIENCES
2:20PM-3:05PM
Getting What's Due: Life Science Licensing Disputes
Greg Call & Mark Jansen/Ronald Beaton
Crowell & Moring LLP/Trial Behavior Consulting
 IP licenses can be of significant value. When the licensed inventions or works have commercial value, they can return millions or even billions of dollars. But licensing language can pose big problems. And small changes to the language can have big impacts. How do judges and juries sort through these kinds of issues? This presentation, based on significant experience in the life sciences sector, will share important advice with biotech and med device companies, research universities, and other institutions that invest significant resources in the development and maintenance of their intellectual property assets.
LIFE SCIENCES
3:30PM-4:30PM
Managing Anti-Corruption Compliance
Pamela Davis/Michael Ward
Orrick, Herrington & Sutcliffe LLP/Juniper Networks, Inc.
 In-house efforts -- compliance plans, global ethics codes, due diligence -- to meet FCPA and other anticorruption responsibilites are forced to track moving targets, with evolving rules, court challenges and shifting government enforcement priorities. This update will review key trends for technology and life science companies, with an eye towards practical options for an uncertain, budget-constrained environment.
GLOBAL CORPORATE & REGULATORY
9:00AM-10:00AM
China Update
Timothy Stratford & Weishi Li
Covington & Burling LLP
 Recent developments, like the Mar-a-Lago Summit and ensuing 100-day plan, plus longstanding reciprocal dependencies and tensions over IP-centric businesses make the U.S-China economic relationship a fast moving target, especially for companies in the technology sector. What is the outlook for Silicon Valley companies doing business in China and/or with China-based enterprises? In this presentation two China experts (including the most senior former U.S. trade official working as a member of the U.S. business community in China) will discuss the underlying currents of change that should factor into the strategies of SV in-house counsel when supporting their companies' business activities connected with China.
GLOBAL CORPORATE & REGULATORY
10:30AM-12:00PM
Acquisition of Innovative Technology Companies: Trends & Current Terms in US, European & Chinese Cross-border M&A Transactions
Roger Bickerstaff, Stefan Münch & John Shi/Martin Felli
Bird & Bird LLP/JDA Software
 This presentation will focus on M&A transactions involving innovative tech companies. Starting with a big picture view, the panel will look at issues that come up in transactions involving disruption and innovation such as AI, IoT and Big Data. Then there will be a deeper dive into the specific areas of risk allocation and terms and conditions in three major jurisdictions for tech transactions: the US, Europe (Germany) and China. The panel of multijurisdictional practitioners will discuss the different approaches to these deals, including: purchase price adjustments and earn-outs, limitation of seller’s liabilities, security for purchaser’s claims, closing conditions, and how the latest foreign investment controls under German and Chinese law are attempting to catch up with the stricter scrutiny tech acquisitions face under CFIUS.
GLOBAL CORPORATE & REGULATORY
1:30PM-2:15PM
Israel's Secret Sauce
Einat Meisel/Alinka Flaminia
O'Melveny & Myers LLP/Mellanox Technologies
 Israel is ranked 3rd in the world for STEM talent, has a higher growth index than Silicon Valley and leads the world in the number of patents, startups and level of venture capital activity on a per capita basis. Come get a taste of key ingredients of Israel's secret sauce for developing successful ground-breaking technology companies. There is a buffet of ways U.S. and global national companies can share in the feast of Israel's innovations. In this presentation we will highlight unique structural, cultural and due diligence attributes your companies can expect to experience on the acquisition menu.
GLOBAL CORPORATE & REGULATORY
2:20PM-3:05PM
Russia and the Internet: Key Legal Issues
Brian Zimbler
Morgan, Lewis & Bockius LLP
 While Russian hackers attract the headlines, international companies continue to focus on Russia and its 144 million consumers as an important market. The Russian online sector is especially robust, with high growth rates in e-commerce despite an otherwise sluggish domestic economy. However, doing business with Russia poses a number of significant legal issues. Key topics include relatively new requirements for localization of user data; personal data protection rules; new taxes on some e-commerce; increasingly strict controls on online expression; and enhanced measures against online piracy and copyright infringement. This session will briefly review the latest developments in Russian laws relating to the Internet, and then focus on practical strategies and tips for international companies active in this area.
GLOBAL CORPORATE & REGULATORY
3:30PM-4:30PM
Managing Anti-Corruption Compliance
Pamela Davis/Michael Ward
Orrick, Herrington & Sutcliffe LLP/Juniper Networks, Inc.
 In-house efforts -- compliance plans, global ethics codes, due diligence -- to meet FCPA and other anticorruption responsibilities are forced to track moving targets, with evolving rules, court challenges and shifting government enforcement priorities. This update will review key trends for technology and life science companies, with an eye towards practical options for an uncertain, budget-constrained environment.
GLOBAL IP & TECH COMMERCE
9:00AM-10:00AM
EU Patent Protection
Alexandra Brodie
Gowling WLG
 After extensive efforts to harmonize IP protection across Europe, last year's Brexit vote brought a blast of new uncertainties that may not be soon resolved. This presentation will survey the current state of affairs, and strategies for managing IP rights in Europe while the smoke clears.
GLOBAL IP & TECH COMMERCE
10:30AM-12:00PM
Global Technology Transactions
Victoria Lee/Anne-Marie Eileraas/Heather Yohn/Willie Hernandez
DLA Piper/Avanade Inc./Pindrop Security, Inc./Hewlett Packard Enterprise
 If legal support for technology transactions involves chess-like strategies that combine issues in IP, tax, regulatory and other practice areas, then global tech transactions are played on a 3-D board, with overlapping national and international regimes. This presentation will discuss how Silicon Valley companies have successfully navigated the many challenges of global tech transactions, with practical pointers for how to approach a new project and deal with inevitable surprises along the way.
GLOBAL IP & TECH COMMERCE
1:30PM-2:15PM
Shiver Me Timbers! Using 337 to Make Pirates (or Your Competitors) Walk the Plank
Darryl Woo & John Fuisz
Vinson & Elkins LLP
 Like the familiar phrase, those that can't do, teach; the popular wisdom in Silicon Valley has been that companies that can't do, sue...for patent infringement. But with the growing maturity of large tech companies and the reality of today's worldwide market, smaller, innovative entrants are finding it increasingly necessary to shut down copycats quickly and effectively. Years of patent reform aimed at patent trolls, however, have made it all but impossible to protect valuable ideas and technology in markets that move at the speed of Moore's Law. Or has it? This program explores how an oft-overlooked forum, the ITC, can provide timely and effective real world relief against offshore pirates, or against your competitors who source their infringing goods from abroad.
GLOBAL IP & TECH COMMERCE
2:20PM-3:05PM
Avoiding the Front Page: Drawing The Lines Between Aggressive Tax Positions and Criminal Conduct
Seth Farber  & Robb Adkins
Winston & Strawn LLP
 The recent execution of search warrants at Caterpillar by IRS Agents investigating alleged tax crimes highlights the risks that major corporations face from aggressive tax enforcement. This presentation will overview the current global criminal tax enforcement environment, to underscore the types of risks that in-house counsel should be concerned about and to discuss management and mitigation of these risks:
  • The Extraterritorialization of Tax and Other Crimes
  • The Caterpillar Investigation
  • Tax Avoidance vs. Tax Evasion
  • Lessons Learned from Defending Corporations in Civil and Criminal Tax Investigations
  • Managing Tax and Reputational Risk at the GC and Board Levels
  • Development of Global Policies and Procedures To Minimize Risk
  • Evaluation of Corporate Compliance Programs
GLOBAL IP & TECH COMMERCE
3:30PM-4:30PM
Going Global: A Toolkit for Tech Companies Entering Emerging Markets
Cynthia Jackson
Dentons
 This presentation will address legal obligations that accompany business opportunities as tech companies enter emerging markets. We will explore the use of independent contractors, agents, payroll agents and employees as companies attempt to test the waters before taking a full plunge. In addition, we will address the vetting of such persons, partners, distributors and suppliers, as well as evolving data privacy, cybersecurity and human rights issues as your company's platform expands, or if necessary, retrenches.
PRIVACY & DATA SECURITY
9:00AM-10:00AM
Privacy and Data Security Issues Posed by Artificial Intelligence
Jennifer Martin & Lindsey Tonsager/Brian Gin
Covington & Burling LLP/Cisco Systems, Inc.
 As organizations across industries move quickly to develop strategies to harness the power of Artificial Intelligence, this panel discusses the privacy, cybersecurity, and policy issues associated with the collection of vast amounts of data and development of AI platforms. Topics for discussion will include:
  • What is Artificial Intelligence and how and where is it currently deployed?
  • What are the implications for data privacy?
  • How do we ensure the quality, integrity, and security of AI algorithms?
  • Who owns the data (and other commercial considerations)?
  • What are some of the liability issues associated with being a participant in the AI ecosystem, and how can manufacturers, developers, and cloud service providers mitigate those risks?
  • How are regulators responding to AI, and what is the current role of regulators in the growth of AI technologies?
PRIVACY & DATA SECURITY
10:30AM-12:00PM
The Real(time) Challenges of Handling a Data Breach
Hanley Chew, Michael Dicke, Tyler Newby & Kenia Rincon/M.K. Palmore/Flora Garcia/Wendy Wu
Fenwick & West LLP/Federal Bureau of Investigation/McAfee, Inc./Stroz Friedberg
 There is no one-size-fits-all solution to addressing data breaches. Understanding the nature of the security threat and containing it quickly are just two activities that need to be performed, often at the same time. A data security incident suddenly can become exponentially more complex for companies, especially those that store sensitive customer information, operate in regulated industries, and/or are subject to SEC oversight.

This panel of in-house counsel, cybersecurity and regulatory attorneys, and forensic consultants will use hypotheticals based on real-world incidents to discuss practical approaches companies can use to address data breaches of all levels of complexity. The key areas covered by the panel will include:
  • Getting the legal team prepared for the inevitable
  • Identifying the nature and scope of a breach quickly
  • Hiring and managing forensic and other outside experts
  • Maintaining privilege during the investigation and response phase
  • Containing a breach without disrupting business operations
  • Informing and empowering the Board to help fulfill its governance obligations
  • Decision-making about possible disclosure in an SEC filing or press release
  • Communicating with law enforcement and other public agencies
  • Mitigating immediate and longer-term exposure to civil litigation and regulatory investigations
PRIVACY & DATA SECURITY
1:30PM-2:15PM
Asia-Pacific Region Privacy Developments
Steve Wilson, Chia-Ling Koh, Jay Qin & Steve Yu
Osborne Clarke
 Like its history of slow-then-accelerated economic growth, the Asia-Pacific region is now catching up to the US and EU with expedited attention to privacy and data protections. Indonesia and Thailand seem to be joining the privacy legislation programs of China, Japan, the Phiippines and Australia, and APAC privacy enforcement actions are likewise on the uptick, especially for cross-border data transfers. This presentation will survey the growing legal support needs for technology companies with APAC-connected activities.
PRIVACY & DATA SECURITY
2:20PM-3:05PM
GDPR Update: How to comply and lessons learnt so far…
Kolvin Stone & Aravind Swaminathan
Orrick, Herrington & Sutcliffe LLP
 The EU is less than a year away from having a new sheriff in town: the General Data Protection Regulation. Much has been written about the onerous nature of the GDPR and many organizations are struggling with the requirements. This presentation will discuss the main issues raised by the GDPR for Silicon Valley companies, and practical guidance on how to comply combined with real insight into what is happening in the market.
PRIVACY & DATA SECURITY
3:30PM-4:30PM
Going Global: A Tookit for Tech Companies Entering Emerging Markets
Cynthia Jackson
Dentons
 This presentation will address legal obligations that accompany business opportunities as tech companies enter emerging markets. We will explore the use of independent contractors, agents, payroll agents and employees as companies attempt to test the waters before taking a full plunge. In addition, we will address the vetting of such persons, partners, distributors and suppliers, as well as evolving data privacy, cybersecurity and human rights issues as your company's platform expands, or if necessary, retrenches.

Program details are subject to change without notice

Following the 2017 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.

Back to Top

2017 Participating Law Firms & Companies