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Trade Secrets and Cross-Border Restrictive Covenants

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Recorded on: Jun. 11, 2014

PHILLIP M. BERKOWITZ: OK, well we're going to start our next panel. This is a terrific group. I want to start by introducing Gary Siniscalco. Gary is another legend in his own time, but he truly is. Gary is from Orrick, and he is in their employment law team in San Francisco. Gary is a very well-known international and national employment lawyer. And actually, is also co-author with Wendi Lazar, right, of the B and A book on Restrictive Covenants. ...

Dangerous Assignments: How to Prepare and What to Do When Danger Strikes

Transcripts  Transcripts    

Recorded on: Jun. 11, 2014

PHIL: Yes. OK. All right. Good morning, everybody. We're going to start with our next panel. This is a terrific group. I'm just going to very quickly introduce this panel. Our panel chair this morning this program is on dangerous assignments, the different kinds of dangerous assignments, what companies can do to take care in those situations. Don Dowling is not only one of the top international labor lawyers in the world, but he's a force of nature, ...

Global Mobility: Limits and Regulations

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Recorded on: Jun. 11, 2014

PHILIP M. BERKOWITZ: Good afternoon, everyone. Thank you all for returning, and welcome to the afternoon of our International Employment Law Seminar. I'm Philip Berkowitz with Littler Mendelson and very happy to have you here. I'm actually just going to move right on and introduce our next panel, which is on Global Mobility Limits and Regulations, and the panel is being chaired by my good friend and law partner, Johan Lubbe. Johan is certainly very ...

Legal Ethics and the Cloud

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Recorded on: Jun. 10, 2014

JANINE ANTHONY BOWEN: OK, welcome back. We are now ready for our ethics presentation. And I'm so glad that so many of us have hung out to get that ethics credit. I am pleased to introduce John Heller. John is a shareholder in the San Francisco office of Rogers Joseph O'Donnell. He is co-chair of the firm's attorney liability and conduct practice group, and is a member of the Complex Commercial Litigation Practice group. Mr. Heller focuses on trials ...

The Business Case for Cloud Computing

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Recorded on: Jun. 10, 2014

JANINE ANTHONY BOWEN: And I will start the program, today, along with my co-presenter, who is Rachel Evans. Rachel Evans joined Accenture in January-- I'm sorry-- in 2003, and is currently Director of Legal Services for IT Offerings, there. Her area of focus includes complex IT transactions, IP licensing, cloud computing, and software as a service. Rachel has been an in-house technology lawyer for 20 years, working at IBM and with Siebel systems, ...

Privacy and Data Security

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Recorded on: Jun. 10, 2014

TANYA FORSHEIT: All right. Hi, everybody. Apparently, we are live and back on the air with our web audience. So we're going to get started again, if we could get the live, in-person audience back with us as well. This is the much anticipated privacy and data security panel I know you've all been waiting for. And I'm going to introduce-- you all know who I am. I'm going to introduce for you my co-panelists, my esteemed co-panelists we're very lucky ...

eDiscovery and Litigation Issues

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Recorded on: Jun. 10, 2014

SPEAKER 1: OK. So we're not on break, so we still have folks that are listening to all of us chat on the web. But it appears that we are. SPEAKER 2: Yeah, everybody has to stay where you are. Don't leave. Just a changing of the guard. All right. OK. Let me introduce our panelists for this session. If everybody's ready we're going to go straight into eDiscovery and Litigation Issues. We will have a break after this session. So don't worry, and of ...

Contract Issues

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Recorded on: Jun. 10, 2014

SPEAKER 1: OK, welcome back. We are now in for an hour and a half panel on contracts, and we've got a fabulous group of panelists here today. They're going to engage in some Q&A back and forth to get us going with a little bit of interaction. So hopefully you had a good snack and everyone took a break and we're ready to rock and roll through lunchtime. I will introduce it, introduce our panelists, and then turn it over to them to carry on from ...

Distressed Loans and Lender Remedies

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Recorded on: Jun. 9, 2014

SPEAKER 1: OK. Welcome back. I hope you had a good lunch and are ready for the second session of today's program. And with me to my left, your right, is Richard Fries. Richard Fries is the Co-chair of the Real Estate Practice at Bingham McCutcheon. And Richard is going to speak to us today about distressed loan workouts and lender remedies. For those of us who have not heard Richard speak before, you won't forget it if you have have. But he is really ...

Ethics in Negotiating and Documenting Transactions

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Recorded on: Jun. 9, 2014

SPEAKER: OK, moving on to the last presentation, which is relating to ethical issues in negotiating in documenting transactions. And it will be 30 minutes. And we have Michael Sackheim here-- there he is-- who's a partner at the Sidley firm here in New York. He actually, I think, has the distinction of being the only panelist in two days who's not an M&A lawyer, unless I'm misreading his bio. But we won't hold that against him. So Michael, you're ...

General Business Considerations

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Recorded on: Jun. 9, 2014

GRACE: It's my pleasure to introduce you to the chair of today's program, David Pollak. David is Morgan Lewis's managing partner of operations and a senior partner in the business and finance practice. He served as a practice group leader of the business and finance practice for seven years, and also is currently the co-leader of the security sub-practice within the business and finance practice. His practice focuses on mergers and acquisitions, public ...

A. Indemnification B. Special Issues Involved in Acquiring Divisions or Subsidiaries of Larger Companies

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Recorded on: Jun. 9, 2014

DAVID POLLAK: Ready to roll with the afternoon session. Continuing in some ways from this morning, is the topic of indemnification which we mentioned in passing at least a few times this morning and obviously as a critical aspect to thinking about a purchase agreement. And here is Marie Gibson who's with the Skadden, Arps Firm here in New York. Where not surprisingly, she's a corporate partner concentrating in M&A. MARIE L GIBSON: Good afternoon ...

Mock Negotiation and Analysis of Form of Acquisition Agreement

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Recorded on: Jun. 9, 2014

David W. Pollak: Okay, good morning. It's 9 o'clock and so why don't we get started? It's day two of our program. To my left is my colleague Vinny Martorana, who's Counsel at Reed Smith in the corporate and securities group where his practice, not surprisingly, focuses on domestic and cross-border M&A and stock and asset acquisitions, and related matters. And Vinny will be with us this morning. Our program this morning is to spend the, more or ...

Closing Complex Transactions

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Recorded on: Jun. 9, 2014

JONATHAN MECHANIC: OK. So we're now going to move into the part of the program talking about successfully closing purchase and sale transactions and complex lease transactions. And we have a great panel. Also longtime friends. Ronnie Sernau is the co-chair of the real estate department at Proskauer. He represents some of the major developers and well-known national and international retailers in town. Two of his most recent transactions, one of which ...

Ethics in Real Estate Transactions

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Recorded on: Jun. 9, 2014

MARTIN: OK. Welcome back for the last segment of the program today. I'm very pleased to have up here with me Elisha King, who happens to be the deputy general counsel at my firm, which is DLA Piper, and also Tom Mason of Zuckerman Spaeder, LLP. They are going to discuss with us ethical issues in real estate transactions, and as they will say, this is that particularly jurisdiction specific, but based on the Model Rules of the ABA. With that, I would ...

Specialty Areas: A. International Aspects B. Intellectual Property

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Recorded on: Jun. 9, 2014

DAVID W. POLLAK: OK. Let's get started again. It's 1:45 after lunch. And as noted, this afternoon we have a variety of special topics that are important in doing a typical private M&A deal. And we're going to start that with focusing on international considerations, cross-border, M&A transactions. To talk about that is Dieter Schmitz who's been on the faculty in the past. Dieter is a partner at Baker & McKenzie in Chicago, probably the ...

Key Issues for Negotiating Joint Venture Agreements

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Recorded on: Jun. 9, 2014

JONATHAN L. MECHANIC: Again, we have a stellar panel for you this afternoon. Two old friends that made it easy for me since they're both named Steve. Steve Horowitz is a partner at Cleary Gottlieb. I share the firm's real estate group. He concentrates on international real estate, financial investment transactions, as well as bankruptcy and entity formation. And some of his recent transactions have   Genting Orange County casinos bidding, and ...

Recent Trends in Real Estate Lending: 2014 Edition

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Recorded on: Jun. 9, 2014

[APPLAUSE] MARTIN D. POLEVOY: Before John introduces the next speaker, and while Doug is still here, I just want to mention one thing which may have an effect on the buyer's side in the marketplace. And that is the Chinese government enacted a new law that goes into effect, I believe, went into effect June 1. As many of you know, if a Chinese investor comes into the US, they need government approval to export their money, so to speak, into the investment. ...

Specialty Areas (Continued): C. Labor and Employment D. Employee Benefits

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Recorded on: Jun. 9, 2014

DAVID W POLLAK: OK we're back. It's a 3:30, so the last session of the afternoon. We're going to be covering labor and employment considerations, and then employee benefit issues. To talk about labor employment issues is my partner Dave McManus. You're only allowed to have one of your partners on the panel, and David's the guy. So that's probably says it all. David is the New York office practice group leader for labor and employment. Aside from having ...

A. Structuring and Negotiating Earn-Outs B. Fiduciary Duties of Directors and Majority Shareholders

Transcripts  Transcripts    

Recorded on: Jun. 9, 2014

DAVID W. POLLAK: OK. We're ready to get started again. Gotta break up the conferences in the back of the room and, uh-- or not-- and move ahead with our last segment of the program, Friday afternoon. We're going to talk about earnouts, a topic that we alluded to, I think, at least a couple of times, in different contexts. And this is actually a short segment of 30 minutes. I think we have three segments left-- 30 minutes, 45, and 30. So I don't know ...

State of the Market and Representing Special Servicers

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Recorded on: Jun. 9, 2014

MEGHAN CARNEY: And it is now my pleasure to introduce to you the chairs of today's program, Martin Polevoy and Jonathan Mechanic. Martin is a partner and chair of the New York real estate practice, DLA Piper. Martin's practice includes all areas of real estate, with particular emphasis on sales, development, leasing, joint ventures, and financing. Martin's current transactions include representing Greenland Holding Group, the largest real estate ...

Dealing with Financial Sponsors

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Recorded on: Jun. 9, 2014

DAVID W. POLLAK: OK, it's 11:30. Why don't we get started again with the final segment of this morning's presentations? And that'll be dealing with financial sponsors. As you've heard through the first couple presentations, financial sponsors play a very important role in the market in M&A, both public and private. And so we want to spend some significant time talking about that. Here with us is Matt Salerno, who's a partner at Cleary Gottlieb ...

Letters of Intent and Other Preliminary Considerations

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Recorded on: Jun. 9, 2014

MELISSA SAWYER: Good morning, on this rainy, ugly day. DAVID POLLAK: It's been commented on already. Maybe it'll get better. MELISSA SAWYER: I'm sure. After a beautiful week. Well, letters of intent may seem a bit like a dry topic. But there's been some interesting cases on them recently, which I'll touch on. I'm also going to try to touch on when you might use one and when you might not want to use one. And then if we have time at the end I'll ...

IRFS and Other Accounting Matters

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Recorded on: Jun. 5, 2014

PAUL DUDEK: OK. We are back live here at Global Capital Markets. After an interesting panel we move to something that I was going to say-- and I'm not sure which panel is the best because they can't all be the best-- but this I think is the best panel because we have two luminaries on the international accounting world, two IRFS experts as part of family. One, next to David, Wayne Carnall who's a partner with the national professional services group ...

Enforcement Developments

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Recorded on: Jun. 5, 2014

DAVID: OK. Now we're going to start off with our last panel for today. And this is really focused on the enforcement developments and litigation developments in this area. We have a fantastic panel joining us here for this panel today. Joan McKown partner at Jones Day, Michael Mann, who is partner at Richards, Kibbe and Orbe-- and a founder of this program many years ago I believe-- and Linda Chatman Thomsen who's a partner at Davis, Polk, Wardwell. ...

Featured Faculty/Authors
Mark D. Roellig

Mark D. Roellig ~ Executive Vice President and General Counsel, MassMutual Financial Group

Jodie Berger

Jodie Berger ~ Regional Counsel, Legal Services of Northern California

David G. Wilkins

David G. Wilkins ~ Chief Compliance Officer, SNC-Lavalin Group