AGENDA OVERVIEW: November 16 SessionNovember 17 Session


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NETWORKING LUNCHEON
Nov 16 12:00PM-1:30PM
 
BREAKFAST TRACK - DAY 1
7:45AM-8:45AM
Legal Ethics for Technology and Life Science Companies
Harrison (Buzz) Frahn & Jeffrey Ostrow/Bill Barthell/Jonathan Gentin
Simpson Thacher & Bartlett LLP/Symantec Corp./Proofpoint
 Attorneys for technology and life sciences organizations face complex ethical issues at every turn; they are expected to understand all the nuances and to institute policies and procedures ensuring that their companies are in compliance, to avoid the liability of ethical breaches and potential land mines. In many cases, laws have not kept up with advances in technology, making it even more crucial for a company’s legal team to understand the issues and ensure the proper framework of procedures and precautions is in place.

This frank and lively discussion will focus on the ethical issues that in-house counsel need to know as they guide their IP-driven companies, and will include real-world scenarios faced by companies like yours, along with practical risk-reducing steps every technology and life sciences attorney should take into consideration and institute.

Discussion topics may include: a) the ethics of cybersecurity, social media, virtual offices, cloud computing, and SaaS; b) ethical document production practices, big data privacy and sharing, and avoiding eDiscovery spoilage; c) technology competency; d) protecting attorney-client privilege and avoiding inadvertent waivers of privilege; e) identifying and avoiding ethical conflicts of interest; and f) the ethics of conducting internal investigations for technology and life sciences companies.
LIFE SCIENCES
9:00AM-10:00AM
Product Liability Update for Life Science Companies
Sandra Edwards & Karen Kimmey
Farella Braun + Martel LLP
 Hope for the best, plan for the worst. Adverse incidents, during and after development of life science products, can lead to individual and class action claims stemming from research, design, manufacture, distribution or marketing. Product liability litigation is constantly evolving, and this presentation will update in-house counsel at life science companies about recent developments and trends for avoiding future claims and defending current ones.
LIFE SCIENCES
10:30AM-11:15AM
Un-“Predictable Arts” – What Life Sciences Can Learn From Tech About Licensing, Trolls, and Patentable Subject Matter
Teresa Lavoie & Eric Schulman
Fish & Richardson P.C.
 The first half of the double-length session will update in-house counsel at life sciences and healthtech companies on current IP portfolio management strategies and their implications for due diligence, patent prosecution and licensing. Speakers will also provide lessons from the world of high tech that are applicable to healthtech, as more companies enter this emerging area.
LIFE SCIENCES
11:15AM-12:00PM
FDA Update
Scott Lassman
Goodwin
 The second half of the double-length session will update in-house counsel at life science companies on current developments at the Food and Drug Administration, including Hatch-Waxman and clinical trial disclosure rules.
LIFE SCIENCES
1:30PM-2:15PM
HIPAA Update
Jodi Daniel & Kristin Madigan
Crowell & Moring LLP
 Healthcare IT continues to grow explosively, and with it the need to stay current on evolving HIPAA issues, including audits, privacy notices, cybersecurity, breach notification, OCR investigations, documentation and corrective action. This presentation will review recent developments and responsive strategies for life science companies.
LIFE SCIENCES
2:20PM-3:05PM
Life Science Sector Collaborations
Lila Hope/Usha Arunachalam
Cooley LLP/The Leukemia & Lymphoma Society
 When would it be beneficial to expand a clinical trial beyond the traditional model of characterizing the safety and efficacy of a particular study drug? How can we best arrange such a clinical study using drugs from multiple pharmaceutical companies, in order to maximize our understanding of the uses of various drugs for a particular disease, protection the intellectual property for each pharma participant, but also to minimize the likelihood of intellectual property ownership overlap? We will explore these questions through a recent case study.
LIFE SCIENCES
3:30PM-4:30PM
International Corruption Enforcement: Recent Development, Trends and Strategies
Brendan Cullen & Laura Oswell
Sullivan & Cromwell LLP
 The stakes have never been higher for global companies active in emerging markets. The U.S. Foreign Corrupt Practices Act (FCPA) has led to more than 400 SEC and DOJ enforcement actions involving more than 100 countries but with particular focus on critical markets like China. To address evolving demands of the FCPA and similar laws, in-house counsel must be prepared to develop strategies and respond to these complex issues. This session will discuss worldwide anti-corruption enforcement, recent policy developments and trends and strategies for implementing robust compliance programs and responding to alleged compliance breaches.
GLOBAL CORPORATE & REGULATORY
9:00AM-10:00AM
Cross-Border US/China Deals – Keys to Successful Deals and Business Relationships, and Proactive Planning for Potential Misunderstandings and Disputes
Sherman Chu & Cedric Chao
DLA Piper
 China is both an attractive opportunity and a challenge for US companies seeking to expand overseas, requiring navigating different business, legal and cultural norms. What makes for a successful deal, both during negotiations and afterwards? This session provides “soup to nuts” insights. We will discuss how to select the right Chinese partner for a deal, how to negotiate in a way that results in a successful deal, key pitfalls to be avoided during negotiations and during the life of the contract, how to anticipate and mitigate post-negotiation risks, and strategies and best practices for handling the cross border disputes that may arise.
GLOBAL CORPORATE & REGULATORY
10:30AM-12:00PM
Cross-Border US-EU Mergers & Acquisitions
Ed Batts, Peter Lamb, Weyinmi Popo, Thomas Schmid & Betty Louie
Orrick, Herrington & Sutcliffe LLP
 Cross-border issues - whether they may come from regulators, employees or the odd cyber-hacker - increasingly permeate Silicon Valley tech M&A. Please join a walkthrough with U.S., European and African deal lawyers of a hypothetical technology acquisition. The discussion will focus in particular on cross-border topics, including: Regulatory (Merger Control and related bodies, such as CFIUS), Employment, Data Privacy/Cybersecurity, Anti-Corruption and Tax. Explore deal areas such as balancing closing certainty versus preserving optionality, project management tips, understanding insurance and competing as a strategic (company) acquirer alongside other strategic or financial sponsor (PE) bidders.
GLOBAL CORPORATE & REGULATORY
1:30PM-2:15PM
Nuts + Bolts of International Risk Mitigation
Elaine Carey & Jean Chow-Callam
FTI Consulting, Inc.
 Underneath their often complicated and multi-jurisdictional legal framework, international investigations follow protocols dictated by practical factors: understanding a company's accounting systems; working with outside counsel and dealing with multiple and sometimes competing government agencies. This presentation will examine the problem areas that tend to arise in risk mitigation - the questions that tend to be missed: accounting red flags and vagaries, working with outside lawyers, national data privacy restrictions, uncovering hidden agendas among those involved internally and externally as well as the trends in how government agencies are interacting with companies when investigations are in order.
GLOBAL CORPORATE & REGULATORY
2:20PM-3:05PM
EU ‘Single Market’ Goes Digital – European Commission Enforcement Action in E-commerce and Technology Sectors
Kristina Nordlander/Rob Mahnke
Sidley Austin LLP/PayPal, Inc.
 Competition law enforcement in the EU these days is all about e-commerce, online marketplaces, platforms, and cross-border trade in digital content. The European Commission has made the creation of an EU-wide ‘digital single market’ a policy priority, which creates opportunity for technology companies. This presentation will discuss the European Commission’s initial findings in its sector inquiry into e-commerce. What is the impact on your business and how can you benefit or minimize enforcement risk? The discussion will include the impact of ongoing cases regarding online marketplaces, “geo-blocking” in digital content, and of course the various Google investigations, and will focus on expected enforcement and regulatory activity that is likely to impact your business planning.
GLOBAL CORPORATE & REGULATORY
3:30PM-4:30PM
International Corruption Enforcement: Recent Development, Trends and Strategies
Brendan Cullen & Laura Oswell
Sullivan & Cromwell LLP
 The stakes have never been higher for global companies active in emerging markets. The U.S. Foreign Corrupt Practices Act (FCPA) has led to more than 400 SEC and DOJ enforcement actions involving more than 100 countries but with particular focus on critical markets like China. To address evolving demands of the FCPA and similar laws, in-house counsel must be prepared to develop strategies and respond to these complex issues. This session will discuss worldwide anti-corruption enforcement, recent policy developments and trends and strategies for implementing robust compliance programs and responding to alleged compliance breaches.
GLOBAL IP & TECH COMMERCE
9:00AM-10:00AM
EU Trademarks Update
Clare Cornell
Finnegan
 This presentation will bring you up to date on a number of recent and scheduled changes, with practice tips and trends for establishing and protecting trademarks in the EU.
  • Obtaining Protection in Europe:Tips for securing registration quickly and easily; online tools including harmonisation database, fast track applications at the EU IPO; protection in Europe via Madrid Protocol procedure.
  • Tackling EU Oppositions: Timeframes, options and negotiations, using unregistered rights; online tools including comparison databases, database of EU decisions.
  • Registration of non-traditional marks in Europe: Shapes, sounds, moving images, smells; colors / positions; changes in the law in October 2017.
GLOBAL IP & TECH COMMERCE
10:30AM-12:00PM
Rolling Out Technology Products in a Global Setting
Sally Shorthose & Michelle Chan/James Gatto
Bird & Bird/Sheppard Mullin
 Rolling out a new product globally is a bit like 3D chess -- your legal strategies will play out on multiple boards (with different rules!) that can easily interact. This discussion will examine the legal issues that arose in a set of real-world rollouts involving technology products, to illustrate both patterns and idiosyncrasies that in-house counsel would do well to anticipate.
GLOBAL IP & TECH COMMERCE
1:30PM-2:15PM
Efficient International Patent Portfolio Management
Jason Sanders/Romi Akpala
Maschoff Brennan/Square, Inc.
 Efficient International Patent Portfolio Management. This discussion will focus on strategies in house counsel can employee for efficient international patent protection including jurisdiction selection strategies, patent drafting tips for a multi-jurisdictional patent application, leveraging PCT and foreign searches and opinions, patent eligibility issues, and enforcement considerations. The discussion will be framed based on experience with foreign patent prosecution and feedback from patent counsel from foreign jurisdictions.
GLOBAL IP & TECH COMMERCE
2:20PM-3:05PM
Protecting IP in EU Licensing and Transactions
Manuela Finger
Gowling WLG
 The environment for obtaining intellectual property rights is usually far more structured than the environment for preserving those same rights. Because commercial agreements can take a wide variety of forms, so can the mechanisms for protecting IP in licensing and other transactions; however, certain principles and patterns based on EU law and EU norms should guide US companies as they draft and negotiate agreements with European applicability. This session will review those guidelines, by examining examples where US companies seek to protect IP assets as they forge new commercial relationships.
GLOBAL IP & TECH COMMERCE
3:30PM-4:30PM
Brexit and the GDPR
Emily Jones & Rouven Siegemund/Scott Mellon
Osborne Clarke/Facebook, Inc.
 No strangers to earthquakes, Bay Area in-house counsel have been watching aftershocks roll across the European landscape, from last year's demise of the US-EU Safe Harbor for data transfer to the this year's British exit from the EU. This presentation will look at the interplay of these still-evolving forces in European compliance, from Brexit to the new EU General Data Protection Regulation, and how companies can make appropriate adjustments to their strategies for European privacy and data protection, corporate structures, workforces, and other areas of law and regulation.
PRIVACY & DATA SECURITY
9:00AM-10:00AM
Data Breach Response: Changing Threats & New Tools
Benjamin Powell
WilmerHale
 This presentation will review important developments over the past year concerning cybersecurity and data breach, including: the emerging threat of extortion/ransomware; the maturing insurance market for cyberloss risk management; and the Cybersecurity Act of 2015, authorizing a new structure for companies to share cybersecurity threat information with the federal government and each other.
PRIVACY & DATA SECURITY
10:30AM-12:00PM
2016 Privacy Biggest Hits
Jonathan Blavin & Bryan Heckenlively
Munger Tolles & Olson LLP
 2016 has been another significant year in privacy and data security litigation, and this presentation will cover the highlights and survey emerging trends. Among other issues, we will survey how courts have grappled with biometrics, the Communications Decency Act, the Video Privacy Protection Act, and the Supreme Court’s decision in Spokeo, and discuss the implications for in-house counsel.
PRIVACY & DATA SECURITY
1:30PM-2:15PM
Bigger and Bigger Big Data Issues
Alan Raul
Sidley Austin LLP
 From collection to protection, from commercialization to anonymization, big data means big legal issues for in-house counsel at companies that depend on analytics. This presentation will discuss the biggest big data developments of the past year, plus strategies and trends for dealing with them.
PRIVACY & DATA SECURITY
2:20PM-3:05PM
Consumer Privacy Protection Update
Jeffrey Poston & Kristin Madigan
Crowell & Moring LLP
 From privacy class actions to federal and state investigations, liabilities for data-related activities continue to expand into new areas of consumer protection litigation. This presentation will review the newer and larger threats to technology companies, with an emphasis on strategies that acknowledge the inevitable tradeoffs that companies must accept when creating or implementing defensive strategies.
PRIVACY & DATA SECURITY
3:30PM-4:30PM
Brexit and the GDPR
Emily Jones & Rouven Siegemund/Scott Mellon
Osborne Clarke/Facebook, Inc.
 No strangers to earthquakes, Bay Area in-house counsel have been watching aftershocks roll across the European landscape, from last year's demise of the US-EU Safe Harbor for data transfer to the this year's British exit from the EU. This presentation will look at the interplay of these still-evolving forces in European compliance, from Brexit to the new EU General Data Protection Regulation, and how companies can make appropriate adjustments to their strategies for European privacy and data protection, corporate structures, workforces, and other areas of law and regulation.

Program details are subject to change without notice

Following the 2016 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 13.25 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.

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2016 Participating Law Firms & Companies