AGENDA OVERVIEW: November 18 SessionNovember 19 Session


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REQUIRED SUBJECTS - DAY 1
8:15AM-9:15AM
Competence Issues
John Steele
Attorney at Law
 
REQUIRED SUBJECTS - DAY 2
8:15AM-9:15AM
Competence Issues
John Steele
Attorney at Law
 
WORKFORCE ISSUES
9:30AM-10:30AM
Fair Pay
Christine Long
Berliner Cohen LLP
 California's Fair Pay Act, which requires equal pay for "substantially similar" work, has been the law for three years, but employers are still struggling with its application. This session will explore common and real work place scenarios regarding equal pay including recruiting expensive younger expensive workers that affect the pay structure of senior workers to dealing with workers who are equally skilled but have had performance issues or leaves of absences. We will review the recordkeeping requirements, recent definitions of "substantially similar work", how to document justifications for pay difference, bona fide factors other than sex, race, or ethnicity, and best practices to comply with the Act and defend against litigation.
WORKFORCE ISSUES
10:50AM-12:20PM
Employee Mobility Update
Senator Bob Wieckowski/Eric Akita Tate & Kwan Park/Nicole Bartow/Leslie Yuan
California State Legislature/Morrison & Foerster LLP/Uber Technologies, Inc./Varian Medical Systems, Inc.
 If you think you understand the ins and outs of the way the Golden State treats employee mobility issues, you may be surprised by this discussion of new developments regarding enforceability of non-competes and employee non-solicitation provisions, in light of the new case law decisions and statutory developments, including California Labor Code Section 925. Section 925 or previously Senate Bill 1241, authored by Senator Bob Wieckowski (D-Fremont), was the subject of much debate and lobbying in the California State Legislature in 2016 before it ultimately passed in its current form and became effective in 2017. This panel will present a unique opportunity to hear from many perspectives and learn from first-hand experience:
  • California State Senator and author of California Labor Code Section 925
  • Co-Chair of Morrison & Foerster's Global Employment and Labor Group
  • Senior Director of Litigation at Uber Technologies
  • Head of Global Litigation and Employment Law at Varian Medical Systems
This panel will explore the growing trend of narrowing the scope of restrictive covenants across the U.S., including whether, against this backdrop, Section 925 may be an unexpected Trojan horse in California, which is known for having a strong public policy against non-competes. The Legislature passed Section 925 with the intent of further protecting California employees from agreements that might deprive them of the protections of California law. But a less discussed provision of this statute, Section 925(e), if enforced strictly as drafted, could allow employees to opt out of those protections. The panel will also explore how these new developments affect how employers deal with onboarding and offboarding employees as a practical matter, particularly from and to competitors. The panel also will discuss potential new bases for liability related to the new statutory and case law arguably narrowing the reach of restrictive covenants in California, and certain strategic considerations in prosecuting or defending restrictive covenant claims.
REQUIRED SUBJECTS - DAY 1
12:20PM-1:45PM
Legal Ethics: "In Service to the Client"
Brian Martin
Juniper Networks, Inc.
 
REQUIRED SUBJECTS - DAY 2
12:20PM-1:45PM
Legal Ethics: "In Service to the Client"
Brian Martin
Juniper Networks, Inc.
 
WORKFORCE ISSUES
1:45PM-2:30PM
Workplace Investigations: Heightened Importance in the Me Too Era
Nancy Dearborn
Hixson Nagatani LLP
 A complaint of harassment, which can be made at any time, triggers the need for immediate action, including a prompt, thorough, and fair investigation, and the implementation of appropriate corrective action. This presentation will provide nuts and bolts insights into when and how to investigate a complaint of harassment in the workplace. We will identify issues that can lead to attacks on the investigation's adequacy, and discuss how to handle tricky situations that often arise.
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/Noah Mesel
Pinsent Masons LLP/Strategic Legal Advisors
 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, Ian Papendick & Susannah Torpey
Winston & Strawn LLP
 This presentation will discuss recently announced investigations into the tech industry by the FTC, DOJ, Congress, state attorneys general, and competition regulators around the world, with a specific 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, Ian Papendick & 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
Christopher Monahan
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
Brandee Diamond/Nick Janof/Jia Liu/Erin Rinn/Megha Aggarwal
DLA Piper/Arm Limited/Airbnb/VMware/Synaptics, Inc.
 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
Emily Jones, 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.
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/Michael Green
Bird & Bird LLP/Arm Limited
 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 localization with a particular focus on:
  • the developing data localization rules in China, the EU and Russia;
  • the developing attitude of the US authorities to data localization;
  • 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 localization rules in the life sciences context.
GLOBAL IP & TECH COMMERCE
10:50AM-12:20PM
Inventive Tools and Strategies to Protect and Commercialize Intellectual Property Assets in a Globally Connected Market
Lisa Peets, Clara Shin & Stanley Young /Renee DuBord Brown/David Green/Melissa Souza
Covington & Burling LLP/LinkedIn/Microsoft Corporation/Poly
 In a world made ever smaller by technology, where intellectual property often represents a company's single most valuable asset, there has never been a greater need for innovative tools and strategies to protect these important assets around the world. At the same time, the advent of artificial intelligence and machine learning create opportunities to use these assets to fuel innovation, without necessarily undermining the commercial value of creative works or inventions. This panel pulls together in-house attorneys who deal with these issues on a daily basis with some of Covington's leading experts, who will candidly explore recent developments in these areas. The highly interactive panel discussion will explore:
  • Patent and trade secret protection at the intersection between the Chinese and U.S. legal system
  • How companies can protect their trademarks and other intellectual property across international borders and defend their reputations and brand value
  • The latest EU copyright law developments and the EU's attempt to bring copyright into the digital age
Panel Members:
  • Renee Brown, Director, Intellectual Property, for LinkedIn
  • Dave Green, Assistant General Counsel, IP Law & Policy for Microsoft
  • Melissa Souza, Associate General Counsel & Head of IP, for Poly
  • Lisa Peets, from Covington's EMEA practice
  • Stan Young, from Covington's Patent Litigation practice
  • The panel will be moderated by Clara Shin, from Covington's Commercial Litigation and Technology Industry practice
GLOBAL IP & TECH COMMERCE
1:45PM-2:30PM
Global Trademark Management
Jennifer Lantz/Lindsey Furtado/Diane Gabl Kratz
Haynes and Boone, LLP/Square, Inc./Seagate Technology
 Protecting and growing your brand is complex, multi-jurisdictional and requires changing tactics in changing times. Experienced practitioners will discuss recent trends in brand protection and provide practical advice and strategies, as well as addressing the effect of recent decisions. Topics will include:
  • The unexpected effects of third-party brand protection programs
  • The power of social media to bolster your brand in court
  • Brexit
  • GDPR -- will it become a challenge to brand enforcement?
  • Follow-on effects of the EU Copyright Directive
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 & Stacey Sprenkel/Mark Gursky
Morrison & Foerster LLP/KLA
 All companies - regardless of their size or global reach - struggle to make sure that their compliance programs are meaningful, risk-based, effectively implemented, and would meet the expectations of enforcement agencies. This panel presents a unique opportunity to hear varied perspectives on compliance programs from four panelists with deep experience designing, benchmarking, and evaluating the effectiveness of compliance programs:
  • The former Director of the SEC's San Francisco Regional Office
  • The former head of the DOJ's FCPA Unit
  • A Chief Compliance Officer of a Silicon Valley Fortune 500 company
  • The head of MoFo's Global Ethics & Compliance practice
The panel will examine key compliance risks such as third parties, gifts and entertainment, and evolving business models. They will discuss how policies, procedures, training programs, and other risk mitigation measures can best address those risks in a way that is both practical and effective. Attendees will learn how they can best employ limited corporate resources to proactively create, implement, and test comprehensive ethics-based compliance programs.
PRIVACY & PRODUCT
9:30AM-10:30AM
Social Media and eCommerce as a Global Product
Mark Mao/Mohan Nadig
Boies Schiller Flexner LLP/ByteDance/LinkedIn Corporation
 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/Laura Berger
DLA Piper/Eventbrite/Linked Corporation
 The effective date is just weeks away for Silicon Valley's most important state-level privacy legislation - the California Consumer Privacy 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/Flora Garcia/Laura Hamady
Greenberg Traurig, LLP/McAfee, LLC/Chronicle
 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/Thomas Chow
Weil, Gotshal & Manges LLP/PubMatic, Inc.
 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.

MCLE Credit: Ivy Associates is a State Bar of California MCLE approved provider. Live program qualifies for a maximum of 13.5 hours of participatory credit, including .5 hour of credit for Legal Ethics, 1 hour of credit for Elimination of Bias and 1 hour of credit for Competence Issues. 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 Credit: Presentations marked by "CPE" are approved for a maximum of 6.25 hours of CPE credits by the International Association of Privacy Professionals (IAPP).

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2019 Participating Law Firms & Companies