AGENDA OVERVIEW: November 18 SessionNovember 19 Session


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REQUIRED SUBJECTS
8:15AM-9:15AM
Elimination of Bias in the Legal Profession and Society
Katherine Forster & Miriam Kim/David Kelly
Munger, Tolles & Olson LLP/Golden State Warriors
 This presentation will discuss issues of diversity and inclusion in the legal profession, and addressing bias in its many forms.
CORPORATE & REGULATORY
9:30AM-10:30AM
Antitrust Roundup
Jamillia Ferris & Wendy Huang Waszmer
Wilson Sonsini Goodrich & Rosati PC
 2019 has a been an eventful year for antitrust policy and enforcement - and it's not over yet! This presentation will cover key developments, emerging trends and priorities of the Federal Trade Commission and the Antitrust Division of the Department of Justice as they follow the Trump administration's aggressive stance on antitrust issues surrounding technology sector companies as well as selected international regimes at the forefront of these issues. Specific topics that will be discussed include: recent and notable Federal, state and international investigations and enforcement actions; the agencies' focus on protecting nascent competition (and blocking "killer acquisitions"); antitrust risks arising out of employment practices and standard setting bodies; and selected fact patterns giving rise to criminal liability.
CORPORATE & REGULATORY
10:50AM-12:20PM
Corporate Governance 2019 - Tech and Life Sciences Edition
Beth George, Katherine Henderson & Amy Simmerman/Jeremiah Gordon
Wilson Sonsini Goodrich & Rosati PC/CapitalG
 This panel discussion will address cutting-edge governance issues and trends for technology and life sciences companies. Topics of discussion will include:
  • Cybersecurity threats and what companies can do
  • Risk management and director oversight duties, including related to legal compliance
  • Best practices and tips for drafting board minutes and building a good board record ? and avoiding later related mishaps in litigation
  • Navigating board independence issues and conflicts of interest under Delaware law
Litigation risks and exposure for large stockholders, whether strategic or financial, in governance disputes
BANQUET LUNCHEON
12:20PM-1:45PM
Keynote "Fireside Chat"
Maureen Olhausen/Alinka Flaminia
Baker Botts LLP/Mellanox Technologies
 
CORPORATE & REGULATORY
1:45PM-2:30PM
Secured, Aligned and Motivated: Getting the Most from Your Acquisition Talent
Jennifer Fitchen/Rebecca Chavez
Sidley Austin LLP/Palo Alto Networks
 Inside and outside counsel will draw on their wealth of experience in private company acquisitions to highlight a variety of important issues around retaining and incenting acquired talent that should be considered at various stages of a deal, from the initial term sheet through closing and integration.
CORPORATE & REGULATORY
2:40PM-3:25PM
Working with Public Agencies: Regulatory Approvals, Permits and Litigation
Chris Carr & Navi Dhillon
Baker Botts LLP
 This discussion will focus on the complex permitting by federal, state and local environmental, natural resource, and land use agencies that technology, chemical, manufacturing, and life sciences companies may encounter. The panel will include strategies for defending project approvals, an overview of environmental review documents, and how to protect ongoing operations against litigation challenges in federal and state courts.
CORPORATE & REGULATORY
3:45PM-4:45PM
Privacy & Competition - What Does Washington Want From Us?
Maureen Olhausen/Jessica Hertz/Michael Lawrence
Baker Botts LLP/Facebook, Inc./Google Inc.
 This session will cover both privacy and competition issues, and where they are intersecting. The panelists will discuss where the government may be going with the FTC Technology Task Force, expansive new obligations in the various high-profile settlements, new privacy laws, and new competition theories.
LIFE SCIENCES
9:30AM-10:30AM
New Technologies: Challenges and Opportunities for FDA and Industry
Scott Cunningham & Amy Toro/Michael Listgarten
Covington & Burling LLP/(Independent)
 This presentation looks at how to navigate current FDA rules and policies when developing products involving AI, telemedicine, digital healthcare, etc.
LIFE SCIENCES
10:50AM-12:20PM
Negotiating for the Next Stage: Preserving Leverage in Life Science Company Deals
Tom Duley/Christine Ring
Sidley Austin LLP/Nurix Therapeutics, Inc.
 Deals between large and small life science companies often happen in stages. Although negotiating them doesn't require clairvoyance, it always pays to frame the current stage with the next one in mind, to enhance your company's negotiating position in the following round. Drawing from a variety of life science company deals, this presentation will examine various strategies for preserving your company's future leverage.
LIFE SCIENCES
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.
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.
LIFE SCIENCES
2:40PM-3:25PM
Life Science IP Update
Megan Baca
Ropes & Gray
 A discussion of the most important IP developments for life science companies, with an in-house perspective.
TECH AGREEMENTS & E-COMMERCE
9:30AM-10:30AM
The Future of Smart Contracts
Stafford Matthews
Dentons
 You may not be interested in smart contracts, but smart contracts will be interested in you and your company. This program will provide you with core competencies in smart contract issues that you will need when the GC or Board comes calling. Our topics will include (1) a 5 minute summary of blockchain technology, (2) the role of blockchain as foundational for self-executing "smart contracts", (3) proposed use cases for these kinds of contracts for companies, (4) how smart contracts are currently constructed and implemented, and (5) a series of open legal issues and pitfalls with the technology that you must understand as company counsel. This will be a hype-free presentation in a hype-rich field and will separate fact from fiction.
TECH AGREEMENTS & E-COMMERCE
10:50AM-12:20PM
Privacy Issues in Technology Licensing
Jennifer Stanley & Jonathan Millard
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.
PRIVACY & PRODUCT
10:50AM-12:20PM
Privacy Issues in Technology Licensing
Jennifer Stanley & Jonathan Millard
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.
TECH AGREEMENTS & E-COMMERCE
1:45PM-2:30PM
Complex Issues in Managing Software Eco-systems
Vladimir Khodosh
Kirkland & Ellis LLP
 Success stories and strategies regarding legal resource interactions with software engineers and procurement departments at strategic operating companies. The presentation will include evaluating software touchpoints including commercial software acquisition, interdependencies with open source governance, and big picture considerations for product strategy and M&A opportunities. Some practical guidelines for structuring software acquisitions to account in advance for deployment changes (such as on-premises to mobile or SaaS), potential acquisitions and divestments, and responding to software-related disputes will be discussed.
TECH AGREEMENTS & E-COMMERCE
2:40PM-3:25PM
Through A Judge's Eyes: How Courts View Your Terms Of Service
Albert Giang/David Eaze/Bob Studley
Boies Schiller Flexner LLP/Eaze/Airbnb
 In-house counsel prepare Terms of Service (TOS) to notify users about the conditions for using their technology and to protect their companies (e.g., arbitration clauses). But in-house counsel rarely see how those TOSes are enforced in actual litigation, and how they are scrutinized by courts. Come hear this distinguished panel - with outside counsel who regularly defends TOSes and in-house counsel who have had their TOSes litigated - discuss new developments in TOS enforcement, judicial skepticism about online agreements, and best practices for making your TOS more defensible. And watch a moot oral argument based on actual TOS questions and criticisms from real cases, to understand how your TOS translates in the real world.
ADVANCED IP
3:45PM-4:45PM
The Legal Department's Role in the Digital Revolution
John Gibson & Jennifer Prioleau
Crowell & Moring LLP/HP Inc.
 The digital revolution is disrupting daily business and life in virtually every industry. The move from analog to digital is vast and rapid, featuring the Internet of Things (IoT), artificial intelligence, robotics, autonomous vehicles, blockchain, and 3D printing. Amid this digital transformation, new products and services are moving to market far before the regulatory landscape has taken form or courts have weighed in. To keep pace, law departments must build legal, regulatory, policy, and business strategies that plan for the velocity of innovation and disruption and anticipate a world of unknowns and uncertainties. Using the example of 3D printing to illustrate the issues that confront business engaged in the digital revolution, this presentation will focus on the leading-edge law functions, including conventional risk, liability and mitigation, that allow businesses to take smart risks and bring breakthrough products and services to market with speed, agility and safety.
TECH AGREEMENTS & E-COMMERCE
3:45PM-4:45PM
The Legal Department's Role in the Digital Revolution
John Gibson & Jennifer Prioleau
Crowell & Moring LLP/HP Inc.
 The digital revolution is disrupting daily business and life in virtually every industry. The move from analog to digital is vast and rapid, featuring the Internet of Things (IoT), artificial intelligence, robotics, autonomous vehicles, blockchain, and 3D printing. Amid this digital transformation, new products and services are moving to market far before the regulatory landscape has taken form or courts have weighed in. To keep pace, law departments must build legal, regulatory, policy, and business strategies that plan for the velocity of innovation and disruption and anticipate a world of unknowns and uncertainties. Using the example of 3D printing to illustrate the issues that confront business engaged in the digital revolution, this presentation will focus on the leading-edge law functions, including conventional risk, liability and mitigation, that allow businesses to take smart risks and bring breakthrough products and services to market with speed, agility and safety.
ADVANCED IP
9:30AM-10:30AM
Patent Update: Managing Program Costs and Parallel Proceedings
Harper Batts & James Soong
Sheppard, Mullin, Richter & Hampton LLP
 Management of costs for a patent program can be a challenge. Costs regularly arise in the execution of the patent program. So do opportunities to economize. This presentation addresses practical considerations to optimize expenditures for a patent program aligned with strategic business goals. It will then discuss recent developments at the PTAB, including the use of the Philips claim construction standard, which have heightened the need to consider strategic considerations across parallel proceedings. The focus will include key tension points between the parallel proceedings, and suggestions for how to best handle these tricky issues.
ADVANCED IP
10:50AM-12:20PM
Patent Law 2020
Douglas Lumish & Jeffrey Homrig/Sean Christofferson/Jill Schmidt
Latham & Watkins LLP/Arista Networks, Inc./Genentech, Inc.
 An esteemed panel of senior in-house IP counsel and IP trial lawyers will look ahead to 2020 and the key patent law developments Silicon Valley businesses should be on the watch for in the coming year. Among the topics that will be discussed include:
  • The ongoing search for clarity in patent eligibility
  • How the many changes in the PTAB impact the use and effectiveness of IPRs and other post grant proceedings
  • Developments in the ITC
  • What's new down in Texas?
ADVANCED IP
1:45PM-2:30PM
Beyond AI, Blockchain, and 5G: New Areas of IP Growth
Francisco Castro & Richard LaCava
Arent Fox LLP
 While technologies in areas such as artificial intelligence (AI) and machine learning (ML), blockchain, and fifth generation (5G) wireless get most of the attention these days, there are other areas of technology that are changing rapidly and producing new and exciting technical solutions and products. Advances in memory technology, including fundamental memory elements as well as new architectures, are being driven by the need to process and handle vast amounts of data. Similarly, new computer architectures that enable the types of data processing needed for AI and ML and the low power requirements of 5G are being funded across the world. In addition, quantum computing is quickly maturing to a level that may soon offer access to computational capabilities that cannot be achieved with classical systems.
ADVANCED IP
2:40PM-3:25PM
Transatlantic Troubles - Unexpected IP Challenges on Both Sides of the Atlantic
Brian Schar & Sandeep Birdi
CrossPond Law
 From Brexit to 101, IP developments haven't gone quite as planned on both sides of the Atlantic. This affects patents and trademarks in many tech industry subsectors. Join us for a lively discussion about how to address these challenges - a discussion that hopefully includes you!

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 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 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