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Demystifying Cyber-Attacks: How Directors and Officers Can Best Prepare Themselves and the Follow-On Shareholder Litigation

One-Hour Briefing  One-Hour Briefing

No director or officer can afford to ignore the threat posed to their company by cyber-attacks. Recent events have shown that cyber-attacks can disrupt business operations and revenue flow, and that poses a greater danger than the theft of personally identifiable information or health records. This briefing will inform directors and officers of just how broad the threat from cyber-attacks can be, offer tips on how to establish policies and procedures ...

Affordable Care Act in 2015: The State of the Law for Employers, Individuals, and Health Care Providers Five Years After Enactment

One-Hour Briefing  One-Hour Briefing

This March marks the fifth anniversary of the enactment of the Affordable Care Act.  Employers, individuals, and health care providers are now required to comply with the core provisions of the law that expand access and regulate health coverage.  Meanwhile, the thousands of pages of implementing regulations and the administrative positions adopted by federal agencies have given rise to additional legal issues.   Please join Catherine ...

Open Source Software Scanning and Management

One-Hour Briefing  One-Hour Briefing

Open source software has rapidly evolved from being an IP curiosity to a critical element of today’s software. The vast majority of mainstream technology companies and enterprises are using open source components as an important pillar of their software development. But open source is not without risks that need to be managed, and management strategies and processes have lagged adoption.  By proactively managing, organizations can enjoy ...

How a Lender Looks at Commercial Leases

One-Hour Briefing  One-Hour Briefing

Whenever a commercial real estate lender considers any real property collateral, the lender’s first questions relate to the rental income from the property. And the leases are the documents that create and define that income. So the leases become tremendously important. In this program, Joshua Stein, the program chair (since 1997) for PLI’s annual two-day seminar on commercial real estate financing drills down on how a lender and its counsel ...

Federal Energy Regulatory Commission 101: Learn the Basics

One-Hour Briefing  One-Hour Briefing

Many have asked, what is FERC?  Indeed, the Federal Energy Regulatory Commission or FERC is one of the smaller and lesser known agencies in the Federal government; however, its decisions reportedly affect five percent of the Nation’s gross national product.  It received some publicity (not good) at the turn of the century during the California energy crisis, although there was plenty of blame to spread around at the time.  It ...

Delaware's Old Rules and New Statutes: Corporate Mistakes, Consequences, and Solutions

One-Hour Briefing  One-Hour Briefing

Under longstanding Delaware case law, including STAAR Surgical, when a corporation fails to follow the procedures set forth in its certificate, bylaws or the Delaware General Corporation law when authorizing or executing corporate action, the action taken may be void or voidable.  In many cases, corporations do not realize that their prior actions were void or voidable until they are on the verge of a transformative event, like an IPO, and are ...

U.S. Net Neutrality Developments and Comparisons with Europe

One-Hour Briefing  One-Hour Briefing

The FCC's net neutrality proceeding has generated unprecedented consumer and business interest and acrimonious debate among industry players, not to mention strong White House and Congressional interest. Now that the FCC has adopted its Open Internet decision, businesses are assessing the legal and compliance risks of these new rules and the reclassification of broadband services as telecommunications services. The decision is also part of a broader ...

Patent Litigation Before the Judicial Panel on Multidistrict Litigation and in MDL Proceedings in 2015

One-Hour Briefing  One-Hour Briefing

Although the number of patent cases consolidated by the Judicial Panel of Multidistrict Litigation (JPML) for pretrial purposes declined in 2014, pretrial consolidation remains an important consideration in multi-defendant and multi-jurisdictional cases.  In addition, with the Supreme Court’s recent decision limiting the reach of general jurisdiction in Daimler AG v. Bauman, there may be an uptick in MDL patent cases, particularly Hatch-Waxman ...

International Sanctions Law -- Russia, Cuba and Iran -- Recent Developments

One-Hour Briefing  One-Hour Briefing

With rapid-fire developments occurring on the international scene, sanctions laws have been quickly developing.  Beginning with the Russian incursion into Ukraine a year ago, a new variety of sanctions laws – sectoral sanctions – have been developed in the United States against Russia.  In January 2015, the White House eased certain sanctions with respect to Cuba.  The current negotiations with Iran could radically change ...

Real Estate Purchase and Sale Agreements: Due Diligence, Documentation and Key Issues

One-Hour Briefing  One-Hour Briefing

Because many of the issues one encounters when structuring, diligencing, and negotiating purchase and sale transactions are common to other areas of real estate law, understanding purchase and sale transactions is fundamental to the practice of real estate law and is essential to the success of any junior real estate associate.    Please join Steven G. Horowitz and Steven L. Wilner, partners at Cleary Gottlieb Steen & Hamilton ...

European Unified Patents Court: When Will the UPC Arrive and What Will You Need to Know?

One-Hour Briefing  One-Hour Briefing

The European Unified Patents Court (UPC) is coming in early 2016, and all U.S. companies that hold patents and do business in Europe need to be prepared.  Olswang's pan-EU IP team has identified procedural features that could attract “patent trolls”/NPEs to this new system.  This is particularly so given the UPC opens its doors at a time when such entities are seeking a new forum to monetize their patents as U.S. ...

Tips from the Trenches to Make You an Effective Negotiator

One-Hour Briefing  One-Hour Briefing

A lawyer's ability to negotiate is in many ways the most important skill a lawyer can have.  In this one hour session, lawyer, author and frequent speaker on negotiating skills Mark Grossman of Tannenbaum Helpern Syracuse & Hirschtritt LLP will give you the benefit of what he learned in his 30 plus years as a negotiator.  Among the many things that Mark will discuss:  Handling bullies  How to handle negotiating ...

Breaking Bad Technology Habits: Email, Social Media and Document Management

One-Hour Briefing  One-Hour Briefing

The practice of law has gone digital, for better or worse.  Technology can make the practice of law easier for attorneys but it also creates a new set of risks.  Fortunately, many such risks are foreseeable and avoidable.  Even though the paperless law practice is a fairly recent development for attorneys, many attorneys have already formed 'bad habits' when it comes to email, document management, and social media.  This session ...

Sponsor's Obligations in an LBO in the Post-Crises Era: Equity Commitment Letters and Limited Guarantees

One-Hour Briefing  One-Hour Briefing

In the context of private equity M&A transactions, how do private equity sponsors balance the competing concerns of insulating the investment fund from potential liability from the transaction and providing the seller with assurances that a deep pocket is standing behind the buyer’s obligations under the purchase agreement?  This One-Hour Briefing will explore how parties seeks to bridge this gap in the wake of the crises and sponsors ...

Credit Rating Regulation from AAA to Z

One-Hour Briefing  One-Hour Briefing

Some have said that more than any other single factor, overly optimistic credit ratings triggered the financial crisis of 2008 and the “Great Recession.”  Yet with limited exceptions, credit rating agencies flew largely under the regulatory radar screen before that.   During this program, Robert Harris, currently a consultant to the Credit Rating Agency Constituent Group of the Financial Information Services Association ...

U.S. Companies Trading on the London Stock Exchange and the Impact of EU Regulations Requiring Mandatory Electronic Settlement

One-Hour Briefing  One-Hour Briefing

Under Article 3(2) of the European Union Regulation on Central Securities Depositories (“CSDR”) published on 28 August 2014, where transactions in transferable securities take place on a trading venue, the relevant securities should be recorded in book entry form in a Central Securities Depository (“CSD”) on or before the intended settlement date (unless already so recorded). The requirement applies irrespective of whether ...

Proxy Access Proposals in the 2015 Proxy Season

One-Hour Briefing  One-Hour Briefing

Shareholder proposals seeking proxy access – a mechanism by which shareholders meeting certain shareholding requirements can nominate directors and have their nominees included in the company’s proxy materials – have been increasingly popular this proxy season.  While in 2013 and 2014, just over a dozen proxy access shareholder proposals went to a vote at Russell 3000 companies, in the 2015 proxy season, 75 proxy access proposals ...

Featured Faculty/Authors
Jae  Kim

Jae Kim ~ Senior Vice President and General Counsel, Rambus Inc.

Lori A. Richards

Lori A. Richards ~ Chief Compliance Officer, Asset Management Unit, JP Morgan & Co

Edwin E. Smith

Edwin E. Smith ~ Morgan Lewis & Bockius LLP