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Securities Litigation & Enforcement Institute 2009 (Live Webcast)

Sep. 29, 2009


Overview

Live Webcast on September 29, 2009 (E.D.T.)

This is a webcast of the live New York session.

Why You Should Attend

The global financial crisis, against the backdrop of recent Supreme Court cases, has increased the focus on securities cases and is changing the landscape. The need to stay current and develop new strategies and tactics has never been more important. Our faculty of leading practitioners, SEC officials, federal prosecutors and judges will update you on the latest case law, enforcement initiatives, emerging trends, and breaking developments.

What You Will Learn

  • Strategies for prosecuting and defending the securities fraud class action
  • How the courts are applying Stoneridge’s rejection of “scheme liability”
  • What the financial crisis means for securities litigation
  • Government enforcement initiatives and how to deal effectively with the government
  • Criminal investigation and prosecution of securities violations
  • The latest on corporate governance litigation
  • Developments in auditor liability
  • Ethical issues for securities lawyers

Who Should Attend

This Institute is designed for the intermediate to advanced securities practitioner, outside and in-house counsel, compliance officers, regulators, investment bankers and securities dealers.

Special Bonus to all Registrants

All attendees will receive a complimentary copy of PLI's comprehensive Course Handbook. This softcover, bound volume was written to augment the program and to stand alone as a permanent reference. PLI's Course Handbooks represent the definitive thinking of the nation's finest legal minds, and are often the standard reference in the field.

Please Note: Webcast attendees will receive a downloadable version of the Handbook one business day prior to the program.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount.  For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Schedule

All times are E.D.T.

Morning Session: 9:00 a.m. - 12:30 p.m.  (E.D.T.)

9:00  Opening Remarks and Introduction

  • Hot issues and cutting-edge developments in securities litigation
  • Trends and predictions
Lyle Roberts, Jonathan K. Youngwood

9:15  Today's Securities Litigation Frontier - Plaintiff and Defense Perspectives

  • The financial crisis and securities litigation
  • Recent developments in pleading standards
  • Corporate scienter
  • Applying Stoneridge
  • Developments in auditor liability
Lyle Roberts (Moderator), Brad S. Karp, Rebecca M. Katz, Samuel H. Rudman, Jonathan R. Tuttle, Bruce G. Vanyo

11:15  Networking Break

11:30  Corporate Governance Litigation
  • Overview of recent Delaware and other key state decisions
  • Developments in merger litigation
  • Update on options cases
Jonathan K. Youngwood (Moderator), Vice Chancellor Lamb, David H. Leventhal, James P. Smith III

12:30  Lunch

Afternoon Session: 1:45 p.m. - 5:00 p.m.  (E.D.T.)

1:45  Case Management and Settlement Issues in Securities Litigation
  • Filing and settlement trends
  • Mediation techniques
  • Use of experts
  • D&O liability issues
Jonathan K. Youngwood (Moderator), Vincent G. Caracciolo, Frederick C. Dunbar, Professor Eric D. Green, Stanley M. Grossman

2:45  Government Initiatives and Perspectives/How to Deal Effectively with the Government
  • SEC and DOJ trends in the Obama Administration
  • Financial crisis cases
  • Recent insider trading cases
  • Actions against lawyers, accountants and other gatekeepers
Colleen P. Mahoney (Moderator), Peter H. Bresnan, Wayne M. Carlin, Scott W. Friestad, Carmen J. Lawrence, Mark K. Schonfeld, Karen Patton Seymour

3:45  Networking Break

4:00  Government Initiatives and Perspectives/How to Deal Effectively with the Government (continued)
  • Practices and strategies for internal investigations
  • Preserving privilege and work product
  • Criminal investigation and prosecution of securities fraud
  • Defense perspectives on recent SEC and DOJ actions
  • Managing multi-prong proceedings involving the government and private litigants
Colleen P. Mahoney (Moderator), Peter H. Bresnan, Wayne M. Carlin, Scott W. Friestad, Carmen J. Lawrence, Mark K. Schonfeld, Karen Patton Seymour

5:00  Adjourn

Faculty

Co-Chair(s)

Lyle Roberts, Dewey & LeBoeuf LLP
Jonathan K. Youngwood, Simpson Thacher & Bartlett LLP

Speaker(s)

Peter H. Bresnan, Simpson Thacher & Bartlett LLP
Vincent G. Caracciolo, Managing Principal, Integro Insurance Brokers
Wayne M. Carlin, Wachtell, Lipton, Rosen & Katz
Frederick C. Dunbar, Senior Vice President, NERA Economic Consulting
Scott W. Friestad, Associate Director and Special Advisor to the Director, Division of Enforcement, U.S. Securities and Exchange Commission
Eric D. Green, Professor, Boston University School of Law (Ret.); Principal, Resolutions, LLC
Stanley M. Grossman, Pomerantz Haudek Block Grossman & Gross LLP
Brad S. Karp, Chair of the Firm, Paul, Weiss, Rifkind, Wharton & Garrison LLP
Rebecca M. Katz, Bernstein Liebhard LLP
Hon. Stephen P. Lamb, Former Vice Chancellor, Delaware Court of Chancery, Paul, Weiss, Rifkind, Wharton & Garrison LLP
Carmen J. Lawrence, Fried, Frank, Harris, Shriver & Jacobson LLP
David H. Leventhal, Faruqi & Faruqi LLP
Colleen P. Mahoney, Skadden, Arps, Slate, Meagher & Flom LLP
Samuel H. Rudman, Robbins Geller Rudman & Dowd LLP
Mark K. Schonfeld, Former Director, NY Regional Office, U.S. Securities and Exchange Commission, Gibson, Dunn & Crutcher LLP
Karen P. Seymour, Sullivan & Cromwell LLP
James P. Smith III, Dewey & LeBoeuf LLP
Jonathan R. Tuttle, Debevoise & Plimpton LLP
Bruce G. Vanyo, Katten Muchin Rosenman LLP

Program Attorney(s)

Laurie Gilbertson, Practising Law Institute

CLE Credit

PLI makes every effort to accredit its Live Webcasts.  Please check the CLE Calculator above for CLE information specific to your state.

PLI's Live Webcasts are approved for MCLE credit (unless otherwise noted in the product description) in the following states/territories:

Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho*, Illinois, Indiana1, Iowa*, Kentucky*, Louisiana, Maine*, Minnesota, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, New Hampshire*, New Jersey, New Mexico, Nevada, New York2, Ohio3, Oklahoma, Oregon*, Pennsylvania4, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Virgin Islands, Washington, West Virginia, Wisconsin, and Wyoming*.

*PLI will apply for credit upon request.

Arkansas, Mississippi, Ohio, Oklahoma, and Rhode Island: Audio-only live webcasts are not approved for credit.

1Indiana: Considered a distance education course. There is a 6 credit limit per year.

2 New York: Newly admitted attorneys may not take non-transitional course formats such as on-demand audio or video programs or live webcasts for CLE credit. Newly admitted attorneys not practicing law in the United States, however, may earn 12 transitional credits in non-traditional formats.

3Ohio: To confirm that the live webcast has been approved, please refer to the list of Ohio’s Approved Self Study Activities at http://www.sconet.state.oh.us. Online programs are considered self-study. Ohio attorneys have a 6 credit self-study limit per biennial compliance period. The Ohio CLE Board states that attorneys must have a 100% success rate in clicking on timestamps to receive ANY CLE credit for an online program.

4 Pennsylvania: A live webcast may be viewed individually or in a group setting. Credit may be granted to an attorney who views a live webcast individually. There is a 4.0 credit limit per year for this type of viewing. A live webcast viewed in a group setting receives live participatory credit if the program is open to the public and advertised at least 30 days prior to the program. Live webcasts viewed in a group setting that do not advertise at least 30 days prior the program will be considered "in-house", and therefore denied credit.

Running time and CLE credit hours are not necessarily the same. Please be aware that many states do not permit credit for luncheon speakers.

Note that some states limit the number of credit hours attorneys may claim for online CLE activities, and state rules vary with regard to whether online CLE activities qualify for participatory or self-study credits. For more information, refer to your state CLE website or call Customer Service at (800) 260-4PLI (4754) or email: info@pli.edu.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.