madness - association of corporate counsel (acc) - the …€¦ ·  · 2017-03-24the san francisco...

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THE SAN FRANCISCO BAY AREA CHAPTER OF THE ASSOCIATION OF CORPORATE COUNSEL PRESENTS: MARCH MADNESS: EMERGING LEGAL ISSUES AND TRENDS FRIDAY,MARCH 24, 2017 HYATT REGENCY,SANTA CLARA,CALIFORNIA

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Page 1: MADNESS - Association of Corporate Counsel (ACC) - The …€¦ ·  · 2017-03-24the san francisco bay area chapter of the association of corporate counsel presents: march madness:

THESANFRANCISCOBAYAREACHAPTEROFTHEASSOCIATIONOFCORPORATECOUNSEL

PRESENTS:

MARCHMADNESS:EMERGINGLEGALISSUESANDTRENDS

FRIDAY,MARCH24,2017HYATTREGENCY,SANTACLARA,CALIFORNIA

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MARCHMADNESS:EMERGINGLEGALISSUESANDTRENDS

Breakfast and Registration: 7:00 – 8:00

Session 1: 8:00-9:00 Presented by Integreon Ethics of Legal Outsourcing

(including 1.0 Ethics MCLE credit)

Break 9:00-9:10

Session 2: 9:10-10:10 Presented by Hopkins Carley Trade Secrets - Bringing Them in and Helping Them out: How to Protect Trade Secrets

(and Your Company) with Employee Moves

Break 10:10-10:20

Session 3: 10:20-11:20 Presented by White & Case Managing Cross-border Acquisitions of Technology Companies

Lunch Service 11:20-12:00

Lunch Session 4: 12:00 -1:00 Presented by Farella Braun & Martel

Prepare, Prevent, Respond: In-House Counsel's Vital Role and Responsibility Regarding Cyber and Information Security

(including 0.5 Ethics MCLE credit)

Break 1:00 – 1:05

Session 5: 1:05-2:05 Presented by Wilmer Hale Getting M&A Done in a Digital World - Navigating Cybersecurity and Other Regulatory

Pitfalls

Snack Break 2:05-2:20

Session 6: 2:20-3:20 Presented by Littler 2016 Employment Law in Review

Break 3:20-3:25

Session 7: 3:25-4:25 Presented by Baker McKenzie

Global Investigations Academy

Break 4:25-4:30

Session 8: 4:30-5:30 Presented by Reed Smith GDPR and Data Privacy Counseling - Effective May 2018

Reception: 5:30-6:30

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MARCHMADNESS:EMERGINGLEGALISSUESANDTRENDS

Session 1: 8:00-9:00 Presented by Integreon Title: Ethics of Legal Outsourcing (including 1.0 Ethics MCLE credit) Speaker: Mark Ross - Global Head of LPO, Integreon Session 2: 9:10-10:10 Presented by Hopkins Carley Title: Trade Secrets - Bringing Them in and Helping Them out: How to Protect Trade Secrets (and Your

Company) with Employee Moves Speakers: John Picone - Chair of Hopkins & Carley's Intellectual Property Litigation Practice Stuart Smolen - Senior Director and Deputy General Counsel, Extreme Networks, Inc Karen Reinhold - Co-chair of Hopkins & Carley's Employment Law Department Jennifer Coleman - Trial Lawyer and Member of Hopkins & Carley's IP Practice Session 3: 10:20-11:20 Presented by White & Case Title: Managing Cross-border Acquisitions of Technology Companies Speakers: Jason Rabbitt-Tomita - Partner, White & Case LLP Carrie LeRoy - Partner, White & Case LLP Michelle Sayer - VP, Deputy General Counsel, Broadcom Corporation Lunch Session 4: 12:00 -1:00 Presented by Farella Braun & Martel Title: Prepare, Prevent, Respond: In-House Counsel's Vital Role and Responsibility Regarding Cyber and

Information Security (including 0.5 Ethics MCLE credit) Speakers: Tyler Gerking - Partner, Farella Braun + Martel Rick Doten - Chief, Cyber and Information Security, Crumpton Group Jessica Nall - Partner, Farella Braun + Martel Session 5: 1:05-2:05 Presented by Wilmer Hale Title: Getting M&A Done in a Digital World - Navigating Cybersecurity and Other Regulatory Pitfalls Speakers: Eric Hwang - Partner, Wilmer Hale Chris Rose - Partner, Wilmer Hale Reed Freeman - Partner, Wilmer Hale Ruby Zefo - VP and Chief Privacy and Security Counsel, Intel Session 6: 2:10-3:10 Presented by Littler Title: 2016 Employment Law Review Speakers: Michael E. Brewer - Partner, Littler JoAnna Brooks - Shareholder, Littler Session 7: 3:25-4:25 Presented by Baker McKenzie Title: Global Investigations Academy Speakers: Colin Murray - Partner, Baker & McKenzie Teresa Michaud - Partner, Baker & McKenzie Maurice Bellan - Partner, Baker & McKenzie William (Widge) Devaney - Partner, Baker & McKenzie Juan Walker - Global Director, Litigation, Varian Medical Systems Session 8: 4:30-5:30 Presented by Reed Smith Title: GDPR and Data Privacy Counseling - Effective May 2018 Moderator: Thomas J. Quinlan - Partner, Reed Smith LLP Speakers: Bart W. Huffman - Partner, Reed Smith LLP Aileen Casanave - Deputy General Counsel, Jiff, Inc. Dr. Andreas Splittgerber - Partner, Olswang

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PROGRAMSUMMARY

Session One: 8:00-9:00 Presented by Integreon Title: Ethics of Legal Outsourcing (including 1.0 Ethics MCLE credit) With the emergence of the Legal Process Outsourcing (LPO) industry, legal services are now being outsourced en masse to third party LPO providers located both onshore in the U.S. and UK, and offshore in countries such as India and the Philippines. The outsourcing of legal work by a law firm or legal department to a third party LPO provider raises specific issues pertaining to the outsourcing lawyer's ethical obligations to his or her client. This seminar provides practical advice relating to the ethical and legislative implications of outsourcing legal work. The session will examine in detail the various Bar Association Opinions released to date on the subject of LPO. In addition, the session will provide attendees with an overview of the study of the subject by the American Bar Association's Ethics 20-20 Commission and more recently by the Commission on the Future of Legal Services. Session Two: 9:10-10:10 Presented by Hopkins Carley Title: Trade Secrets - Bringing Them in and Helping Them out: How to Protect Trade Secrets (and Your Company)

with Employee Moves This presentation will focus on critical milestones where trade secret export/import can create liability for your company. It will also highlight the danger zones and provide practical advice on best practices and tools to minimize risk. Session Three: 10:20-11:20 Presented by White & Case Title: Managing Cross-border Acquisitions of Technology Companies Cross-border acquisitions already require legal counsel to skillfully navigate complex structures and differing legal systems. When the target is a technology company, these issues can become even more difficult to work through. We will explore some of the potential pitfalls and workarounds for cross-border transactions in the technology space, from the perspective of both a corporate and intellectual property attorney Session Four: 12:00 -1:00 Presented by Farella Braun & Martel Title: Prepare, Prevent, Respond: In-House Counsel's Vital Role and Responsibility Regarding Cyber and

Information Security (including 0.5 Ethics MCLE credit) The pace of change and sophistication of cyber and information security threats is accelerating, and these risks affect all businesses and industries. Anticipating, preparing for, and responding to these threats is no longer the sole responsibility of your CISO; as the results of recent headline-grabbing cyber-breach investigations suggest, these new threats require an enterprise approach to risk management that incorporates in-house counsel at all stages. This panel will discuss: * Legal and ethical responsibilities of in-house counsel; * Emerging cyber and information security threats, risks, and trends; * "Lessons learned" from recent cyber-breach investigations involving in-house counsel; * Suggestions for internal controls considerations with regard to legal analysis of information security issues; * IP protection and privacy concerns; * New opportunities-and risks-when IoT integrates into the workspace; * Specific risks tied to high-profile executive leadership; * Recent and anticipated developments in cyber and "traditional" insurance policies, including evolving coverages for direct and contingent business interruption losses, PCI-DSS fines and penalties, and "social engineering" losses. Session Five: 1:05-2:05 Presented by Wilmer Hale Title: Getting M&A Done in a Digital World - Navigating Cybersecurity and Other Regulatory Pitfalls As businesses continue moving towards the cloud and the volume and analytics of data continue to increase, cybersecurity and data privacy is receiving increasing attention in M&A transactions. This panel will discuss how to navigate due diligence, risk mitigation and integration planning relating to data privacy and cybersecurity in M&A transactions and how both buy-side and sell-side in-house counsel can better prepare themselves to successfully navigate the pitfalls in a digital world. Session Six: 2:10-3:10 Presented by Littler Title: 2016 Employment Law Review This session will take a look at new developments in labor and employment law. We will review the effects, positive and negative, of recent litigation, legislative, and agency trends, as well as explore a wide range of cutting-edge labor and employment topics impacting California employers of all sizes, such as: new laws and new cases; key issues in the first year of the Trump administration; and paid family/medical leave and other gender equity issues. Session Seven: 3:25-4:25 Presented by Baker McKenzie Title: Global Investigations Academy This panel will provide a condensed version of what is typically a 2-day workshop developed by Baker McKenzie in consultation with some of their largest multinational clients over the last 3 years. Speakers will walk through each stage of undertaking a focused, efficient, holistic internal investigation, from the planning stage, including document review, conducting interviews, maintaining privilege, reporting, communications with the board, to notification of regulatory authorities and more. Session Eight: 4:30-5:30 Presented by Reed Smith Title: GDPR and Data Privacy Counseling - Effective May 2018 The GDPR is already the law, and we are in the transition period. Depending on a company's current approach to EU personal data protection, there may be much to be done in the fourteen months that remain. Successful compliance efforts must produce a culture shift, as needed, towards the no-longer-just-a-good-idea concept of "privacy by design" and "accountability." Organizational changes may need to be implemented for data governance purposes or to take advantage of the opportunity to have a single lead regulator for most (but not all) GDPR issues. Information systems may need to be modified or enhanced to accommodate data portability rights, the "right to be forgotten," and applicable retention periods. Numerous service provider contracts may need to be amended. And before any of that can really be done, a company must identify and record the pertinent details of internal and third-party processing. The stakes are high - with penalties of up to 4% of global annual revenue (assessed on an enterprise basis). Companies that process EU data should evaluate the extent to which they are subject to GDPR compliance, and, to the extent the GDPR does apply, they should get started on compliance right away, with a view towards making responsible and accountable data protection an essential part of company culture, at least as far as the EU is concerned. Of course, as a general matter, a stronger privacy culture should have a positive effect throughout a given organization, regardless of whether that culture is specifically mandated by law.

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PRESIDENT’SMESSAGE

AMessagefromthePresident:WelcometoMarchMadness-SpringCLE2017!

Welcome to the SFBA ACC Chapter’s 11thAnnual Spring Training CLEevent! I would like to take this opportunity to introduce myself as thePresident of the San Francisco Bay Area Chapter of the Association ofCorporateCounsel(ACC-SFBA)for2017.AsIbeginmyterm,IwouldliketosaythankyoutoeachoftheChapterMembersofthelargestChapterintheACCGlobalNetwork.Ourmembershiptopsover2900in-housecounsel!WeareplanningexcitingeventsandopportunitiestomeetyourCLEneedsand provide forums and venues for you to network with each other and

other members of the legal community. These numerous events helped us to become theChapteroftheYearfor2015!WewouldliketothankourBoardofDirectors,ChapterLeaders,Members,andourgenerousChapterSponsorsforhelpingusachieveanotherACChonor!Our all-volunteer ChapterBoard and LeadershipTeamplan for this popular all-day event inaddition toover90otherevents throughout theyear.Theseevents includeourChapterandCommittee Sponsormeetings, special all-day events like this, the pro bonoopportunitiesweprovide,inadditiontotheNightattheBallparkandwiththeWarriors,andnetworkingeventsliketheupcomingWhiskandWineCookingeventonMay11,2017.Abig thankyoutoourEventandChapterSponsors,whosegeneroussupportmakespossiblethe monthly, substantive and special all-day events, such as March Madness. These uniqueopportunitiesnotonlyprovideup-to-datelegaldevelopmentsbutalsoallowyoutomeetyourfellowChaptermembers, the Chapter Sponsors, and expand your legal toolbox to be able tohandleandsolvethemanychallengesyoufaceasin-housecounsel.We hope that you find today’sMarchMadnessCLE event valuable and enjoy the great food,networkingwithourSponsors,yourfellowChaptermembers,andtakingamoreindepthlookatsomeofthelegalissueswearegrapplingwithonadailybasis.IencourageyoutoattendourotherChapterprogramsandnetworkingevents,andinviteotherin-housecolleaguestojointheACCaswell.IfyouhaveanysuggestionsforfutureCLEtopicsornetworkingevents,pleaseletusknowbypostingthemonourLinkedInpage,tweetingthem,ortellinganyoneofourChapterLeadersorourExecutiveDirector,DeeDeeFord.Thankyou,LiliaLILIAROSECHAPTERPRESIDENT,2017-2018SANFRANCISCOBAYAREACHAPTERASSOCIATIONOFCORPORATECOUNSEL

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MARCHMADNESS:EMERGINGLEGALISSUESANDTRENDS

WIFI

Access Point: @Hyatt_Meeting

Password: acc2017

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MARCHMADNESSCOMMITTEEAliceKope,Chair

AileenCasanave,Co-ChairTessaMcFarland

JohnLeeMiaChiu

WISHTOTHANKFORTHEIRSUPPORT:

SFBABOARDOFDIRECTORSPresident, Lilia Rose, Vice President, Operations, Jesse Francway,

Vice President, Programming, Spencer Chen, Treasurer, David Mason, Secretary, Lydia Tallent, Director & Immediate Past President, Darcy Manning, Director & Sponsorship Chair, Mia Chiu,

Director & Membership Chair, Lucy Reckseit, Director, Cathy Bump, Director, Kevin Chung, Director, Larry Denny, Director, Alice Kope, Director, Joanne Suh

CHAPTERLEADERS

Advocacy & Alliances, Katia Bloom, Olga Mack, Bill Cosden Career Development, Aileen Casanave, Alice Kope

Chapter of the Year, Scott Forsyth, Jesse Francway, Spencer Chen Chief Legal Officer, Olga Mack, Katia Bloom

Compliance CLE, Andria Jones, Jack Khouri, David Parandoosh, Juan Walker, Larry Denny, Jeremy Livianu Corporate and Securities, Jack Khouri, Rafael Aguirre-Sacasa

Day at the BallPark/Night with the Warriors, Rob Shives, Juan Walker Mini MBA Day, Jack Khouri, Andria Jones, Allison Malin, Jeremy Livianu, Lucy Reckseit

Diversity, Alex Ponce de Leon, Juan Walker 2016 Host Committee, Rob Shives, Larry Denny, Jim Carroll, Spencer Chen, Lydia Tallent, Mia Chiu, Allison Malin

International, Allison Mason, Katia Bloom Internship, Lucy Reckseit

Labor and Employment, Ted Borromeo, Kevin Chung Life Sciences, Alice Kope, Jeremy Livianu

Litigation and Risk Management, Alex Ponce de Leon, John Lee Membership, Lydia Tallent, Olga Mack

Networking/Social, Joanne Suh, Ingrid MacKay Patent, Joanne Suh, EunHae Park

Privacy & e-Commerce, Cathy Bump, Paola Zeni Pro Bono, Kevin Chung, Suk Lee

Programming Committee, Spencer Chen, Scott Forsyth, Sandy Rosen, Bill Cosden, Ingrid MacKay, Cathy Bump, Ted Borromeo, Katia Bloom, Tessa McFarland, Lucy Reckseit, Darcy Manning, Paola Zeni

PR-Communications/Social Media, Suk Lee, PRReal Estate, Sandy Rosen, Tessa McFarland

Sponsorship, Mia Chiu, David Parandoosh, Scott Forsyth, Jesse Francway, Darcy Manning Accountant, Martha Branch

CHAPTERSPONSORSANDCOMMITTEESPONSORS

And,lastbutdefinitelynotleast…

DeeDeeFord,ChapterExecutiveDirectorEchannaSampson,ChapterAdministrator

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SPRIN

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ESSTHANK  YOU  SPONSORS!  

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NOTES

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