2018 All Hands Meeting
October 16 Session
Corporate & Regulatory Track Agenda

9:00AM-10:00AM   Room 210
Antitrust Update

Kyle Mach
Munger Tolles & Olson LLP

Companies know that colluding with competitors to fix prices, restrict output or allocate markets is per se unlawful under the antitrust laws and can result in serious civil liability and criminal penalties. Many companies thus wisely warn and train their employees about interacting with competitors. But in today’s evolving technology industry, it is increasingly difficult to wall off competitors as an antirust no-go zone. As customers expand into their suppliers’ businesses, and vice-versa, firms may be selling to the same companies with whom they compete for sales. Upstream suppliers are competing with their downstream distributors by selling directly to consumers over the Internet. And firms increasingly turn to joint ventures or other collaborations to try to keep up with the pace of innovation, challenge established market leaders and meet competition from state-supported firms abroad. As former rivals become collaborators, partners and customers as well, companies are interacting with their competitors in ways that can give rise to potential antitrust risk that fall outside existing compliance measures focused on preventing brazen collusion. This presentation will highlight the risks posed by seemingly innocuous and productive relationships with competitors and review strategies for mitigating these risks, including some practical tips for identifying which relationships pose risks that frequently go unnoticed.

10:30AM-12:00PM   Room 210
The Expanding Influence of Corporate Venturing and the Evolving Role of Counsel in Creating Effective Investment Partnerships Between CVCs and their Portfolio Companies

Dawn Belt & Ian Goldstein/Raj Aji/Juliana Capata/Christine Lemke/Abigail Wen
Fenwick & West LLP/Bill.com/Workday, Inc./Evidation Health/Intel Capital Corporation

The corporate venture capital (CVC) sector has experienced explosive growth over the past several years. According to Global Corporate Venturing, active CVC divisions grew by 70% over the past four years, from 687 in 2014 to 1,153 in 2017. Furthermore, CVC deals have steadily increased in the same time period with 2017 marking the first time total global CVC deal value eclipsed $100 billion. This panel of outside counsel, in-house counsel for CVCs and in-house counsel for venture-backed portfolio companies will explore the growth in CVC investment activity and influence, CVC investment strategies and approaches to key investment and partnering issues with portfolio companies, and the goals and objectives of portfolio companies in building investment partnerships with CVCs. Some of the topics will include:
  • The underpinnings of win-win investment partnerships between CVCs and portfolio companies
  • Best practices for solving the key investment transaction issues between CVCs and portfolio companies
  • Ongoing compliance and reporting requirements for portfolio companies with CVC investors

1:30PM-2:15PM   Room 210
Intellectual Property Issues in M&A Transactions: 5 Recent Scenarios

Sarah Schaedler
Kirkland & Ellis LLP

This presentation will discuss a number of IP-related problems that recently came up in the M&A context, and options for keeping them from derailing your company's deal:
  • From OSS contribution to proprietary product
  • SaaS and source code escrow agreements
  • Employee contributions (Employee handbooks instead of invention assignment agreements) and contractor contributions
  • Founder contributions before entity formation
  • IP Registrations under "Small Entity Status"

2:20PM-3:05PM   Room 210
California Consumer Privacy Act Update

David Navetta & Adam Connolly
Cooley LLP

In June 2018, the California Legislature passed Assembly Bill 375 and enacted the California Consumer Privacy Act of 2018 (the “CCPA”). This sweeping law will impact a large number of businesses that collect or sell California residents’ personal information. In addition to stringent new compliance requirements, the law poses significant regulatory and class action risks. Companies in California, the United States, and around the globe, are analyzing this legislation and preparing to comply. Now that the dust has settled a bit it is time to dive deeper into the CCPA’s structure, requirements and potential impacts. During this session seasoned privacy lawyers will break down the CPPA, discuss its potential impacts and lay out what companies need to do to get ready and address the law.

3:30PM-4:30PM   Room 210
Federal Investigations in 2018: How to Respond When The Government Comes Knocking and Why Compliance Conquers

Brian Stretch & Peter Huston/Saretta McDonough
Sidley Austin LLP/Intel Corporation

In this presentation, two former Department of Justice counsel - a former U.S. Attorney for the Northen District of California and a former First Assistant U.S. Attorney - join with an in-house expert to share their perspectives for engaging, avoiding and predicting the DOJ's priorities for companies in the technology and life science sectors.

Please Note: Program details are subject to change without notice

2018 Participating Law Firms & Companies