2016 All Hands Meeting
November 17 Session
Corporate & Regulatory Track Agenda

The DOJ's new Tough Love Program for Corporations and Executives

The Honorable Brian Stretch/Matthew Jacobs & Jessica Mussallem
U.S. Department of Justice/Vinson & Elkins LLP

Directors, C-Suite executives, in-house counsel, and corporations are increasingly facing more frequent litigation and government investigations, including bet-the-company lawsuits and criminal actions. The Department of Justice has issued major new policies via the so-called "Yates Memo" that intensify individual accountability for corporate wrongdoing, including a much higher barrier to receiving cooperation credit and greater risk of civil or criminal liability even after the matter is resolved with the corporation. This program will discuss the Yates Memo and the DOJ's Pilot Program announced in April of this year, which is designed to encourage companies to self-report potential violations of the Foreign Corrupt Practices Act despite the new Yates Memo thresholds and requirements for cooperation credit. We will focus on how in-house counsel can minimize liability risks for themselves and their companies in light of the expanding attention on corporate and individual misconduct and the DOJ's ever-changing interpretation of what is required by companies who seek cooperation credit.

Corporate Governance Update for Public and Private Technology Companies

Bradley Finkelstein, Katharine Martin & Amy Simmerman
Wilson Sonsini Goodrich & Rosati PC

An update on notable developments and trends in corporate governance for technology sector companies. This year's update will pay particular attention to the "rise of the shareholder" and how new laws and new ways of leveraging influence are leading to new strategies for response by public and private companies.

Designing Antitrust Compliance in a Silicon Valley Culture

Jeffrey Kessler
Winston & Strawn LLP

Silicon Valley's culture is often cited as a key ingredient of its success. However, that same culture can be at odds with traditional antitrust compliance programs, lessening their effectiveness. This presentation will take a practical look at this tension, and real-world ways to break down these "cultural" barriers, using recent cases to show how problems crop up and different approaches to antitrust compliance in organizations led by strong-willed innovators.

Dealmaking With Insurance

Nate McKitterick & Eric Wang
DLA Piper

The exploding use of representations and warranties insurance has transformed the deal landscape. The presentation will focus on 1) benefits of transactional insurance to potential buyers and sellers in M&A transactions; 2) when and how to establish if it is right for your deal; 3) market trends; and 4) use of these products in unusual ways to get a deal done where it otherwise might not.

Trade Secrets Is The New Black: Employee Mobility and the DTSA

Christopher Banks, John Gorman & Mark Krotoski
Morgan, Lewis & Bockius LLP

Silicon Valley's highly mobile workforce poses a tremendous challenge for protecting company trade secrets. This presentation will review current trends and developments, especially since enactment of the Defend Trade Secrets Act earlier this year created a new seizure order authority.

Please Note: Program details are subject to change without notice

2016 Participating Law Firms & Companies