On-Demand Learning

Transcripts

Recorded on: Jun. 14, 2013

JOHN FELLAS: So let me just quickly introduce-- well, while they're coming up-- the members of the next panel, and three of them are not as advertised, and one of them's changed firms. So it's interesting that this is the panel on advocacy, where three people we lost because they're too busy to be here. The one who has been a constant is Olie Armas, a partner at Hogan Lovells here in New York. That's recent. The newcomers are David Arias, who kindly ...

Recorded on: Jun. 14, 2013

JOHN FELLAS: Terrific. Now before I introduce the next panel, I have an invitation for everybody here. And Jerry [? Akson ?] made mention of this. The New York International Arbitration Center, or NYIAC, it is having its inaugural meeting and reception next Monday, June 17 at 6:00 p.m. And you are all invited to attend if you wish to go. However, it's at 150 East 42nd Street on the 17th floor. And if you do wish to go, you need to RSVP by Wednesday ...

Recorded on: Jun. 14, 2013

JOHN FELLAS: OK, and welcome back. We will now resume. Having begun with arbitration in the United States, we're now going to branch out to some parts of the rest of the world. And obviously, we can't deal with all of the rest of the world. And any choice of country is going to inevitably be random. We do have distinguished arbitration practitioners from across the world, from four continents, in fact-- as far east as Japan, as far south as Brazil, ...

Recorded on: Jun. 12, 2013

MEGHAN K. CARNEY: Now, it is my absolute pleasure to introduce the chair of today's program, Rebecca Walker. Rebecca is a partner in a law firm of Kaplan & Walker, LLP, specializing in corporate compliance and governance. Ms. Walker advises clients on the development and implementation of ethics and compliance programs. She has been working in the compliance and ethics field for over a decade, serves on the boards of two compliance and ethics ...

Recorded on: Jun. 12, 2013

REBECCA WALKER: So I skipped over this part of Doug's presentation because I knew we were getting right to it, and that is training and communications- right to with the next panel. As Doug very aptly put it, it's really great to have compliance programs as defensive mechanisms. But what we really all are striving for is prevention of misconduct in the first place. And the way to try to do that is reaching the hearts and minds of your employees, and ...

Recorded on: Jun. 12, 2013

REBECCA WALKER: So now we're going to end the day with Paul just summing everything up for us, and telling us about the recent developments in the field. As I said, it's been a really exciting year. A lot of stuff has gone on, and I know Paul has a lot to talk about. So I'll introduce him quickly, and let him get to work. Paul is the dean of the University of Dayton School of Law, and he also teaches at Texas A&M's Executive MBA program. Before ...

Recorded on: Jun. 12, 2013

REBECCA WALKER: OK, welcome back, everyone. I think there are still folks filling up on caffeine outside. But maybe when they hear us getting started, they'll wander back in here. So during the presentation this morning with Doug, he talked a little about how his program is structured and the role that the board plays in overseeing the program. I think a critically important part, the level of effectiveness of any program, I would say, probably the ...

Recorded on: Jun. 12, 2013

REBECCA WALKER: Good morning everyone. Welcome back. Wow. I'm always so delighted to see people in the audience after that long first day, for which I apologize. I know it's kind of like drinking from a fire hose. Way too much information coming at you. Way too many New York lawyers speaking too quickly. So I wanted to slow it down a little bit this morning, to the extent that if you do have any questions from yesterday, please feel free to find me, ...

Recorded on: Jun. 12, 2013

REBECCA WALKER: So the compliance world is a different place today, vastly different than it was just a few years ago. It is no longer an American phenomenon. The United States has always prosecuted a lot of stuff that happened outside the United States, and the Foreign Corrupt Practices Act is a great example of that. But now there's so much more cooperation between governments in enforcement. And even the Organization of Economic Cooperation and ...

Recorded on: Jun. 12, 2013

REBECCA WALKER: OK, everybody, we're going to get started. The last panel of the day. This one is on social media. It ties in nicely to the whole risk assessment notion, because social media was not a topic that we had on this program seven or eight years ago. But it's certainly become a risk area for a lot of organizations in a lot of different ways, and we're going to look at the topic from really two perspectives. One is the risk perspective-- ...

Recorded on: Jun. 12, 2013

REBECCA WALKER: OK, we're going to get started. You can continue-- OK, not yet. OK. Now we're going to get started. You can continue eating your cookies and drinking your coffee. I think somebody needs to be a compliance monitor for me, and prohibit me from having any more coffee after that one, because I think I'm pretty much running on caffeine fuels at this point. But it's good, because it gives me more energy for you guys. The next topic is Helplines, ...

Recorded on: Jun. 12, 2013

REBECCA WALKER: So we are going to get started with a luncheon program, which was originally titled "Government Perspectives on Compliance and Ethics Programs." But today we are going to prove that we don't need no government officials to talk about government perspectives on compliance and ethics programs. I apologize, but our speaker cancelled at the last minute. So I've put together a panel in which we are going to discuss government's ...

Recorded on: Jun. 11, 2013

J. ANTHONY BOWEN: OK. For our next panel, we have two presenters. One of our presenters will be joining us via conference call, and so he will be on the phone. And we have Steven Hunter is here, who will be live. And so I'll start by introducing our conference call participant faculty, and that is Joseph DeMarco. Joseph is a partner at DeVore & DeMarco LLP, where he specializes in litigating and counseling on complex issues involving information ...

Recorded on: Jun. 11, 2013

JANINE ANTHONY BOWEN: So I'm the first panelist up and my co-panelist is Rachel Evans. Rachel joined Accenture in 2003 and is currently the director of legal services for IT Offerings. Her areas of focus include complex IT transactions, cloud computing, open source software, and software as a service. Rachel has been an in-house technology lawyer for 19 years, working at IBM and with Seibel Systems prior to joining Accenture. Rachel grew up in the ...

Recorded on: Jun. 11, 2013

TANYA FORSHEIT: Hey, are we on? Can everyone hear us, hopefully? We're going to go ahead and get started with our next panel, which is on contract issues. And I'm going to introduce-- everyone knows who I am already since I've been here all morning. I'm going to introduce my co-panelists, one of whom, Perry Robinson, is here and one of whom, David Bloch, will be joining us momentarily. He is caught up somewhere. But he will be here very soon. So ...

Recorded on: Jun. 11, 2013

PHILIP M. BERKOWITZ: OK. We're going to move right into our next panel. And let me make the introductions, please. There are fewer panelists on this one, but I think you'll agree that there's much more brainpower, frankly, on this panel than the last one. I think they've all left. Let me make the quick introductions, please. I'd like to start. To my immediate right is Don Dowling. Don Dowling is really a legend in this field. I've known him for ...

Recorded on: Jun. 11, 2013

JANINE ANTHONY BOWEN: Welcome back. It is now 2:15. And we're getting ready to have our Privacy panel. And we have three excellent privacy experts talking with us today. And so I'll introduce them all and let them have at it for their time. First, we have Heidi Salow. Heidi is currently the vice president and senior privacy officer of Thomson Reuters. She's an expert in privacy and data security, intellectual property, e-commerce, and global data ...

Recorded on: Jun. 11, 2013

PHILIP M. BERKOWITZ: OK, everyone, I guess we're ready to start for our final panel. This is going to be a real fascinating presentation. I'm very pleased to introduce you to Ed O'Callaghan. Ed is the moderator of this particular panel. Ed is a partner in Clifford Chance's litigation and dispute resolution practice in New York. He has, as will become evident, extensive litigation experience. Ed was assistant US attorney in the Southern District of ...

Recorded on: Jun. 11, 2013

TANYA FORSHEIT: The last panel of the day, the final presenter of the day on ethics, and this is the credits everybody's been waiting for, so the best part of the day. We are very fortunate to have Merri Baldwin with us. Merri is a shareholder at the San Francisco office of Rogers Joseph O'Donnell PC. Her practice focuses on business litigation and matters related to attorney conduct, legal malpractice, professional responsibility and ethics, and ...

Recorded on: Jun. 11, 2013

JOHAN LUBBE: Thank you, Phil. Good morning, everyone. Our task as the first panel is to address cross-border assignments and employment agreements. I am equally very pleased and honored to have a number of very well-known international employment lawyers on the panel. They are all greatly appreciated and recognized in their jurisdictions as employment lawyers who focus on cross-border issues. I'm going to be introduced them very briefly but invite ...

Recorded on: Jun. 10, 2013

MARTIN D. POLEVOY: Welcome back for the second part of the program. We have with us Richard Fries and Jamie Levitt. Richard Fries is the co-chair of the real estate department of Bingham McCutchen. He represents institutional lenders and owners in distress loan workouts and in restructuring of various financing instruments. Some of his recent transactions included representing lenders in the Carlton House renovation project on Madison Avenue and ...

Recorded on: Jun. 10, 2013

MEGHAN K CARNEY: Without further ado, it is now my pleasure to introduce to you the chairs of today's program, Martin Polevoy and Jonathan Mechanic. Martin is a partner of, and chair of, the New York real estate practice at DLA Piper, LLP. Martin's practice includes all areas of real estate, with particular emphasis on sales development, leasing, financing, and joint ventures. Martin's practice includes representing Port Authority of New York and ...

Recorded on: Jun. 10, 2013

MARTIN D. POLEVOY: Welcome back to the second session of the morning program. And we're about to hear from Ron Sernau and Rob Sorin, relating to successfully negotiating a contract of sale and what are the things one has to do to close a transaction. With us, we have, as I said, Ron Sernau, who's the co-chair of the real estate department of Proskauer Rose. Ron has represented some of the most prominent real estate developers in New York, as well ...

Recorded on: Jun. 10, 2013

MARTIN D. POLEVOY: OK. Our next speakers are Steve Horowitz and Steve Klein. And they will discuss with us and relate to us about joint venture provisions that should receive special or extra attention when you have your discussions with your joint venture partner. Steve Horowtiz which is a partner at Cleary Gottlieb and is the chair of its real estate group. Steve has a very interesting practice. He concentrates not only on representing US folks, ...

Recorded on: Jun. 10, 2013

JONATHAN L. MECHANIC: Welcome back, everybody. We have the piece de resistance for today, which is the ethics panel. Where we have two fabulous professors, retired professors and people very knowledgeable in the world of ethics, who've decided to dip their toes into the world of real estate and talk about the kinds of things that we face as real estate lawyers. So we have with us Bonnie Host, who's a conflicts attorney at SNR Denton and counsels ...