PLI - Search Results - Facets: On-Demand Web Programs

Pocket MBA eMentor

Fri, 04 Jun 2010 04:00:00 GMT

Protecting Domestic Violence Survivors and their Children Part II 2010: Obtaining Safe Custody/Visitation Orders

Tue, 22 Jun 2010 07:00:00 GMT

Millions of Californians are unrepresented in Family Court matters (an estimated 80% of litigants are unrepresented). Low-income clients are in desperate need of your pro bono help. Attend this free PLI program, Protecting Domestic Violence Survivors and their Children Part II on how to obtain safe custody/visitation orders and volunteer with your local legal services agency to represent domestic violence survivors in need. With a limited time commitment, you can help obtain essential legal protections needed for survivors and their children to build a safe life free of abuse!

New Jersey Basic CLE Marathon 2011

Tue, 14 Jun 2011 04:00:00 GMT

Satisfy part of the newly instated mandatory continuing legal education requirements in New Jersey and hone your legal professionalism by attending PLI’s New Jersey Basic CLE Marathon program on May 31, 2011. In accordance with New Jersey’s requirements, this one-day program will include New Jersey-specific instruction and discussion on topics authorized by the Supreme Court of New Jersey Board of Continuing Legal Education.

*Transitional CLE course: For newly admitted attorneys during the first two years after admission to the Bar of the State of New Jersey.

Trial preparation
Real estate closing procedures
Municipal court practice
Estate planning
Ethics and professionalism

How to Succeed As A Summer Associate 2011 (FREE)

Mon, 20 Jun 2011 04:00:00 GMT

In today’s tough economic environment it’s more important than ever to make the most of your summer associate experience. If you’re fortunate enough to have secured a coveted position as a summer associate, what’s your next step? You’re excited, overwhelmed, and maybe even nervous. Naturally you’ve got questions. How much work should you take on? How should you behave at firm social functions? How do you turn this opportunity into a permanent position at the firm? What happens if you don’t receive an offer? What if you receive an offer with a deferred start date?

If you haven’t yet secured a summer position and want to be ready to put yourself out there next year, this program will provide an excellent opportunity to gain valuable insight into the summer associate process.

At this free program you’ll get practical advice from law firm partners who’ve not only been through summer associate programs themselves but who are now involved in supervising the summer associates at their respective firms.

Workload and time management expectations
Getting feedback and dealing with criticism
Making the most of your mentor
How to take advantage of pro bono and training opportunities
Social expectations

New York City attendees will also have an opportunity to share their questions and concerns with our professional faculty and summer associates from other area law firms at the post-program cocktail party.

Veterans Issues: Family Law, Consumer Rights, Job Protection and Diversionary Courts

Tue, 22 Nov 2011 08:00:00 GMT

Learn about laws, courts and practices that protect or are designed for veterans. The three hour program will inform and update general practitioners and the criminal bar about each.

Recent changes to Penal Code 1170.9 allow the court to provide treatment in lieu of incarceration for veterans who suffer from PTSD, TBI, sexual trauma, substance abuse, or mental health problems as a result of having served in the United States military.

Several counties in California have established Veterans Courts, but each is different and had a different genesis, and the variety of those courts will be explained and explored.

Learn about state and federal laws that protect employment and property rights of veterans and active military service members. Some new veterans are returning to find that those rights were not respected, and attorneys have won substantial victories on their behalf.

Banking Law Institute 2011: The Transformation Continues

Wed, 21 Dec 2011 05:00:00 GMT

One year ago, Congress completed work on the most comprehensive overhaul of U.S. financial services regulation since the 1930s. Since then, U.S. regulators have been at work on hundreds of new rulemaking projects that will affect nearly every segment of the financial services industry, including the ground rules for M&A activity, and present unprecedented challenges and opportunities for years to come. At this year’s Banking Law Institute our expert faculty will provide you with a comprehensive overview of the developing regulatory framework as well as the major operational and compliance issues facing industry participants and regulators.

Explore the key issues and implications of the new rulemakings
Hear how industry players are changing their operations in response to current and anticipated regulatory developments, including the implementation of the Volcker Rule
Survey the changing landscape of M&A in the post-reform era
Understand the scope and focus of likely rulemakings and enforcement priorities of the Consumer Financial Protection Bureau (CFPB) and the other agencies
Examine important changes to capital requirements and derivatives markets

Patent Bar Sees the First Impact of Patent Reform 2012 (NO CLE)

Thu, 05 Jan 2012 05:00:00 GMT

Bankruptcy, Mortgages and Foreclosure: What Bankruptcy Can and Can't Do for Borrowers in Distress 2012

Thu, 12 Apr 2012 07:00:00 GMT

Attend this training for an overview of how consumer bankruptcy interacts with mortgage debt and foreclosures. During the session, practitioners working at the intersection of these two crucial areas in consumer law will provide a basic overview of consumer bankruptcy; share tools for assessing whether bankruptcy might help - or harm - a delinquent borrower; and discuss how bankruptcy can be used to address mortgage delinquencies, servicing abuses and other lending violations.

Differences between Chapter 7 and Chapter 13
How to assess whether a bankruptcy makes sense for a borrower with a mortgage delinquency or an underwater mortgage
Limitations and risks of bankruptcy for a delinquent borrower (including rescue scams involving bankruptcy)
Obtaining a loan workout plan during a bankruptcy
Uncovering and addressing servicing abuses in a bankruptcy
New obligations for creditors
Adversary Proceedings (including lien-stripping)

Expanding Your Practice Using Limited Scope Representation 2012 (Free)

Wed, 02 May 2012 07:00:00 GMT

This program will provide an introduction to the rapidly changing practice of limited scope representation (often called “unbundling”) in a family law context, including all of the fee agreements, forms and other materials you will need to practice limited scope representation competently, safely and profitably.

The ethical rules governing limited scope representation
How to limit risk, including malpractice and insurance coverage issues
How to identify the cases which lend themselves to limited scope representation
How to reach a currently untapped pool of paying clients
How to market your limited scope practice
How to use limited scope to expand pro bono recruitment, lawyer for a day programs, and stretch legal services budgets farther

Note: Although the program is broken into one-hour segments for convenience, it is strongly recommended that you take each segment in sequence and not skip ahead, as they build on each other.

Basics of Accounting for Lawyers 2012: What Every Practicing Lawyer Needs to Know

Tue, 29 May 2012 04:00:00 GMT

Accounting is a language of business. Because attorneys encounter accounting information in a wide range of legal issues, it is critical for lawyers to understand financial statements and core accounting concepts. This practical course, specifically designed for the non-accountant attorney, will provide an understanding of financial statements and the key principles of accounting, using “real life” examples of accounting issues that attorneys commonly face. Whether you are in-house or external counsel, Basics of Accounting for Lawyers 2012 will help you to help your company or clients.

Basics of Accounting for Lawyers will also offer insight into the effective use of financial experts, accounting and financial issues where attorneys can put themselves at risk, and current accounting and business “hot” topics.

Understanding Generally Accepted Accounting Principles (GAAP), Generally Accepted Auditing Standards (GAAS), and the accounting cycle
How to read:
- The Balance Sheet
- The Income Statement
- The Statement of Cash Flows
- The Notes to the Financial Statements
How lawyers can effectively use accountants as experts
Recent regulatory changes and views from those impacted or involved in the changes
Awareness of different accounting and reporting frameworks and requirements
Ethical issues for attorneys and accountants

Pretrial Practice 2012

Mon, 04 Jun 2012 04:00:00 GMT

Pretrial practice in federal civil litigation has undergone tremendous change. As fewer civil cases are tried, the staples of pretrial practice - pleadings, motions to dismiss, discovery, Daubert motions, summary judgment, and settlement - have replaced trials as the focus of litigation. What does the changing nature of pretrial practice in litigation mean for your practice? Join our faculty of experienced plaintiffs’ and defense attorneys and inside counsel and judges as they review what you need to know to succeed at this increasingly important stage of litigation.

Planning the litigation
Investigating the facts and the law
Pleading your case
Pretrial motions
Settlement strategies

Privacy and Data Security Law Institute (Thirteenth Annual)

Tue, 05 Jun 2012 07:00:00 GMT

This program focuses on critical issues of information privacy, security and data protection faced by all companies. The Internet and other evolving information technologies, wired and wireless, have prompted the development of powerful tools for the collection, processing, storage and use of personal information. These trends create numerous issues regarding limitations on corporate rights to use that information and obligations to protect it from a variety of new risks and vulnerabilities. Legislators, regulators and the courts are rapidly developing new law and compliance obligations to address the privacy and security implications of the information economy. This annual conference focuses on these developments with the goal of keeping attorneys and other privacy professionals informed and up-to-date in this complex and dynamic area of laws and regulations.

The latest federal and state legislation, regulations and decisions regarding privacy and security
Foreign developments in data protection law and their impact on U.S. companies
The current enforcement priorities of the FTC and the state attorneys general
Information privacy and security issues raised by technology trends, such as cloud computing, social networking, and texting
Best practices in managing security breach risks
The latest legislative developments pertaining to information security requirements
Ethical and privilege issues for lawyers in using information technology
Evolving online data collection and marketing techniques and their impact on privacy law

Special Features

Managing a Security Breach Crisis: Panel discussion on responding to a complex data breach
Panel of FTC and state attorney general representatives
Earn one hour of CLE Ethics credit
Earn Continuing Privacy Education credit

Connecting the Dots: Family Law, Housing Law, and Trusts and Estates Practitioners Discuss Mortgage Debt, Families and Foreclosure 2012 (Audio-only)

Tue, 12 Jun 2012 07:00:00 GMT

Attend this training for an overview of legal and practical problems that arise within families and with mortgage servicers regarding mortgage debts, mortgage delinquencies and foreclosure when real property is co-owned by family members or is transferred in connection with death or divorce or other family changes. During the session, practitioners specializing in family law, trusts and estates and housing law, respectively, will provide case-study examples of the problems they see when their areas of law overlap and offer strategies for preempting and addressing those problems. A specialist in legal ethics will also discuss ethical issues that arise out of the representation of homeowners when real property is co-owned by family members or is transferred in connection with death or divorce or other family changes, including age-related lack of capacity.

Family law basics relevant to real property and mortgage debt disposition
Probate law and trusts and estates basics relevant to real property and mortgage debt disposition
Uses and limitations of the Garn-St. Germain Act
Forms of co-ownership and how they do and don’t affect co-borrower status
Tools for foreclosure avoidance and loan modification advocacy in the context of divorce or death of a borrower
How to identify and address the relevant ethical issues

New Jersey Basic CLE Marathon 2012

Tue, 12 Jun 2012 04:00:00 GMT

Satisfy part of the newly instated mandatory continuing legal education requirements in New Jersey and hone your legal professionalism by attending PLI’s New Jersey Basic CLE Marathon program on May 29, 2012. In accordance with New Jersey’s requirements, this one-day program will include New Jersey-specific instruction and discussion on topics authorized by the Supreme Court of New Jersey Board of Continuing Legal Education.

Civil Trial Practice
Criminal Trial Practice
Basic Estate Administration
Real Estate Closing Procedures
Trust and Business Accounting
New Jersey Professional Responsibility and Ethics

JOBS Act 2012: What You Need to Know Now

Wed, 13 Jun 2012 04:00:00 GMT

On April 5, 2012, the Jumpstart Our Business Startups (JOBS) Act was signed into law, bringing about extraordinary changes to the regulation of capital formation in the United States.

The JOBS Act: (1) creates a new regulatory “on ramp” for emerging growth companies going public, with confidential SEC Staff review of draft IPO registration statements, reduced disclosure requirements and freer “test the waters” and research communications around the time of securities offerings; (2) permits general solicitation and general advertising in Rule 506 or Rule 144A offerings when sales are only to accredited investors or QIBs; (3) establishes a small offering exemption for crowdfunding; (4) creates a new public offering exemption for offerings up to $50 million; and (5) raises the “holder of record” threshold for mandatory SEC registration and reporting.

The program will provide you with the latest practical guidance on implementation of the various provisions of the JOBS Act, as well as what to expect as the SEC adopts rules under the Act over the next year.

How to conduct an initial public offering for an emerging growth company, including the latest SEC staff positions on the confidential registration statement review process and the use of test-the-waters communications
Disclosure considerations for emerging growth company in registration statements and periodic reports
Entering and exiting the SEC registration and reporting system for banks and other issuers
The impact of the JOBS Act on research analysts and research reports
Practical implications of the changes to Rule 506 offerings
How exempt crowdfunding offerings will work
The prospects for exempt public offerings of up to $50 million

Corporate Compliance and Ethics Institute 2012

Fri, 15 Jun 2012 04:00:00 GMT

No matter how large or small your company (or client), paying careful attention to corporate compliance and ethics is no longer optional.

No area is safe - prosecutors all over the world continue to pursue corporate crime, as countries now pursue subjects like antitrust and bribery that were never before under the spotlight; fines keep getting larger, and governments are working together like never before
The Dodd-Frank Act has provided employees with an incentive to report concerns to the government - rather than their employers - which greatly enhances the need for robust compliance programs
Governments around the world are creating compliance incentives and standards
New technology is emerging to help prosecutors discover violations in many areas
Best practices in compliance are raising the bar of government expectations - but also providing ways for every compliance officer to do more with less
The upcoming political campaign will likely put corporate compliance on every politician’s agenda

In short, at no time has promoting and maintaining an ethical corporate culture been as challenging and as essential for a company’s survival, well-being, and success.

At the Corporate Compliance and Ethics Institute, a distinguished faculty, drawn from major corporations, academia, compliance and ethics organizations, law firms and the government will provide you with the tools you need to meet today’s compliance and ethics challenges. Whether you are constructing a new program, or refining an existing program, our panels of the leading compliance experts will discuss how to ensure that your company’s program satisfies government standards and best practices expectations.

You’ll learn about current developments in compliance and ethics, along with practical tips on compliance and ethics risk assessments, program structure and management, compliance and ethics training, auditing and monitoring, helpline and investigations procedures, technology tools, and board and senior management oversight of your program. The highly interactive format will allow you to benchmark on a real-time basis and learn best practices from your peers.

Do more with less - adding value to your program despite budgetary constraints
Minimizing the compliance risks created by social media and using social media tools to promote your program
Designing and conducting compliance risk assessments to obtain the most valuable information
Structuring your program so that it possesses appropriate independence and clout
The evolving role of the Board - avoiding the complacency traps where governance and compliance meet
Assessing your program for effectiveness and performing effective compliance audits
Investigating and managing allegations of wrongdoing in your organization
Best practices in compliance communications and training, including tools to help your program connect to employees of all ages
Global compliance expectations and best practices, including the UK Bribery Act and the OECD guidance on anti-bribery compliance programs
Hypothetical and interactive panels based on real-world scenarios, including the experiences of whistleblowers

International Employment Law 2012

Fri, 15 Jun 2012 04:00:00 GMT

Employment law is no longer a local issue. Multinational employers must grapple with often conflicting standards for hiring, retaining, disciplining, and terminating employees. The issues are all the more challenging today, as employment laws, corruption laws, and whistleblower laws, from the U.S. and overseas, impose standards of conduct across borders.

This program brings together highly experienced and sophisticated practitioners, in-house counsel, and senior human resources executives from around the world. They will present in a practical way, how best to advise the multinational employer in these critical issues.

Different legal standards across borders for hiring and firing
Discrimination and retaliation laws worldwide
Best practices in avoiding criminal and civil liability, and dealing with the international whistleblower
Why foreign multinationals in the U.S. are special targets for lawsuits, and how to prevent and defend them

Pocket MBA Summer 2012

Tue, 19 Jun 2012 07:00:00 GMT

An understanding of key financial, accounting and economic concepts, principles and terminology will contribute to your ability to interact with and advise your clients with their critical issues. The ability to identify and appropriately use financial and accounting information is relevant to a wide range of legal and regulatory matters for both external and in-house attorneys. Litigators and transactional attorneys alike will benefit from this practical course designed specifically for non-accountant attorneys and allied professionals and taught by members of the nation’s top accounting, tax and advisory firms, major alternative asset managers and investment banks, leading law firms and universities.

Case studies will be incorporated throughout the various segments to provide you with a practical perspective on how business transactions impact financial statements and offer “hands-on” experience with performing financial ratio calculations and analysis, comparisons of different capital structures, effective use of financial statement disclosures and footnotes, legal issues and use of valuations in M&A litigation, and more.

Increase your knowledge and understanding of foundational finance, accounting and economics terminology and principles
Enhance your ability to navigate and understand the basic financial statements -- the balance sheet, income statement, statement of cash flows and statement of shareholders’ equity
Become more familiar with “core” accounting concepts like the matching principle and accrual accounting, historical cost, tax basis and fair value accounting and valuation methodologies
Examine key corporate finance concepts, including financial ratios and analysis
Expand your perspective on international accounting and finance considerations
Gain insights from a legal perspective on the use of valuations, common claims and defenses in M&A litigation, and how accounting issues, valuations and M&A deal terms, such as earn-out provisions, are interpreted by the courts.
Analyze a case study involving financial issues in common flow-through tax partnerships

Negotiating Real Estate Deals 2012

Tue, 19 Jun 2012 04:00:00 GMT

Do you know the best negotiating strategies in the current real estate market? What are the “hot buttons” for seller, buyer and lender requirements? What are the factors and legal issues you should analyze with respect to investing in distressed real estate situations including purchasing defaulted loans. How do the characteristics of a property and the structuring of the acquisition fit with the current underwriting criteria of lenders? Which provisions in a sales contract are critical, and which ones are just nice to have? How do you manage your financing sources and your contractual obligations? This one-of-a-kind program will give you the answers to key questions such as these, plus offer a focus on workouts, both before and after the occurrence of the default, as well as look at the sources and the manner in which these deals are being recapitalized. Some of the best real estate lawyers in the country will be on hand to give you cutting-edge tips for our ever-changing marketplace. Make the most of this unique opportunity.

Explore the best techniques for negotiating under current market conditions
What you need to know about workouts and restructurings of loans
What to agree to in a prenegotiation agreement without giving away the store
Practical approaches to address defaulted loans, for both lenders and borrowers
How special servicers view their role in dealing with distressed real estate
How has special servicing changed with the new ownership of the special servicing platforms?
Joint ventures, including the critical areas to address, and remedies and responses for when they fail
Get tips on how to address the current concerns of financing sources
What are the real risks of those “good guy” guaranties and how can you protect yourself?
Learn which representations and warranties and covenants you really need in contracts
Understand strategies and remedies for breach of contract
Do these “binding” letters of intents really work?
Assess what risk areas may be acceptable to an individual investor but not to an institutional fund

Fundamentals of Patent Litigation 2012

Wed, 20 Jun 2012 07:00:00 GMT

Are you a litigator and have always wondered how patent litigation differs from your practice? Or maybe you have considered pursuing patent litigation but first wanted to find out how it differs from other types of commercial litigation? This exciting program will explore what makes patent litigation different from other types of litigation, from the Rule 11 pre-filing investigation through the appeal to the Federal Circuit. Attendees will learn important practical details including who to sue and what to put in the complaint. Learn what discovery is needed in a patent case and how discovery differs from other civil litigation. Disclosures of infringement and invalidity contentions, the claim construction process at and leading up to the Markman hearing will also be examined. Find out what is needed to prove infringement and how a patent may be invalidated by prior art or rendered unenforceable by inequitable conduct. Hear what can be expected at trial and what remedies are available. We will also discuss alternative forums, including the International Trade Commission, and review appeals to the Federal Circuit, and how it and the Supreme Court are reshaping patent law and patent litigation.

How the America Invents Act (“AIA”) will affect patent litigation
Determining who to sue
Whether to send a notice letter and what can go wrong if you do
What to do if your client receives a notice letter
The forums available for suing for patent infringement
What needs to be done before filing a complaint
What needs to be in a complaint, and answer, and when to counterclaim
What discovery you need to take
How claim terms are construed and the process courts use to do it
How a patent case is tried and who, judge or jury, decides what
What remedies are available and likely to be awarded
What issues are likely to be appealed
Appeals in the Federal Circuit
How long all this usually takes and what it is likely to cost

Acquiring or Selling the Privately Held Company 2012

Fri, 22 Jun 2012 04:00:00 GMT

At this perennial favorite, our experienced faculty will walk you through all of the steps associated with acquiring and selling a privately held company, whether it is a large independent corporation, a division or subsidiary of a large public company, or a smaller venture capital-backed or family-owned entrepreneurial enterprise. You will learn about the special issues that apply when a private equity firm is the buyer or owns the target company, and about the techniques and strategies that are essential to successful negotiations.

You will also gain an understanding of the key tax, employee benefits, and intellectual property issues that arise and how to address them. Plus you will learn about special diligence concerns involving international deals, including FCPA, AML, tax and labor issues.

Analyze the terms of an acquisition agreement
Develop successful negotiation strategies
Use letters of intent to maximize strategic advantage
Structure and negotiate earn-outs and critical risk allocation provisions
Spot and deal with the key issues that arise in non-corporate law areas, such as:
- Tax
- Employee benefits
- Intellectual property
Cope with the special problems associated with acquisitions of divisions or subsidiaries
Understand the fiduciary duties of directors and majority shareholders in a sale transaction
Understand the special issues relating to financial sponsors
Recognize ethical issues that arise during the negotiation and documentation of transactions
Avoid common drafting pitfalls when non-U.S. laws govern part or all of a deal

Pathways to Justice 2012: Special Housing Updates (Free)

Fri, 22 Jun 2012 07:00:00 GMT

PLI has joined with the State Bar of California Office of Legal Services to share special sessions from the 2012 Pathways to Justice Conference. The sessions will focus on hot topics in housing law, including affordable housing, tenant relocation and replacement housing in the wake of the foreclosure and economic crises, and recent developments in fair housing and anti-discrimination laws, litigation, and enforcement. The panelists are noted experts in housing law and seasoned litigators who will cover a broad range of topics using a hands-on, real world approach. Attendees will learn firsthand how to calculate benefits for relocation, as well as, how to develop a fair housing case from initial client intake through litigation.

The housing sessions will provide an overview of the current state and federal laws, court decisions, and procedures surrounding affordable housing, relocation and replacement housing and fair housing. The sessions will cover litigation and administrative tactics and remedies.

Session 1: Navigating Anti-Discrimination Laws in Housing will address:

Basic Fair Housing Laws
Recent Supreme Court Decisions
Fair Housing Litigation
Current Trends and Emerging Issues

Session 2: Advocating Against Displacement: Using State and Federal Laws to Protect Private and Public Housing Residents will address:

Shortage of Affordable Rental Housing
Overview of Relocation and Replacement Housing Requirements
HUD’s Role in Providing Relocation Benefits
How to Calculate Benefits for Relocation

Cloud Computing 2012: Cut Through the Fluff & Tackle the Critical Stuff

Mon, 25 Jun 2012 07:00:00 GMT

Corporations, government organizations and millions of consumers are shifting massive quantities of data and their software applications to cloud computing facilities. Cloud computing uses the Internet to give every size organization access to large, dynamically scalable resources (data storage, software applications and computing power). “The Cloud” allows users, at all levels, to avoid large capital outlays for hardware and up-front licensing fees and instead offers both hardware and software, as needed, in a flexible arrangement, as a monthly fee service. Some organizations’ data centers are giving way to massive, secure and dynamically scalable shared hosting facilities. Users rely on Internet connections to get access to their data and software applications from anywhere on the globe. This new paradigm of computing provides flexibility, enhanced access to software functionality and potential cost savings, but can inject potential new risks. Negotiating contracts for cloud computing services provides new challenges and a clear understanding of the inherent new hazards.

This program will provide practical advice on key terms for cloud computing contracts, help you define the vendors’ obligations for cloud computing facilities, offer strategies in protecting personal and corporate data, and assist in planning for transfers of data between cloud computing vendors. This is an opportunity to hear industry experts who will help you understand and prepare for the massive changes inherent in the shift to cloud computing.

How cloud computing technology works and the inherent operational risks
The new business models in purchasing software as a service and storage as a scalable resource
How data security may be enhanced using cloud computing facilities
Critical factors courts will consider as to jurisdiction when a business using cloud computing is sued
Practical and contractual remedies to secure corporate assets and intellectual property
Why many cloud computing vendors are less flexible in contract negotiations
Practical concerns raised by the flood of e-discovery demands for cloud resources
Government related issues, including export control and trade sanctions risks

Special Features

Mock negotiation
Legal ethics issues (1 full hour credit)

International Litigation 2012

Mon, 25 Jun 2012 04:00:00 GMT

As international business grows and flourishes, more disputes cross national boundaries. Parties involved in international business need to know how to most effectively resolve international disputes, and be aware of the strategic considerations that distinguish international litigation from pure domestic litigation. These considerations include securing the most favorable forum for the suit to be resolved, since more than one forum is likely have jurisdiction when the dispute is international; obtaining evidence located abroad for use in a lawsuit in another country; managing global litigation, especially where lawsuits are filed in more than one country by multiple plaintiffs; and enforcing foreign judgments. Our panels of experts will share their knowledge with you on these and other strategic issues.

Recent developments in international litigation
Pointers on international discovery
The valuable insights of federal judges on best practices for the resolution of international disputes
In-house counsel’s perspectives on managing global litigation

Fundamentals of Mutual Funds and Exchange-Traded Funds 2012

Tue, 26 Jun 2012 04:00:00 GMT

This program is designed to provide attendees with a solid foundation in the legal, regulatory and operational issues affecting the $12 trillion mutual fund industry, including the emerging exchange-traded fund industry. Attendees will learn how Congress, regulators, markets, and the courts have shaped the formation and structure of this industry. Attendees will also learn about the impact of the financial crisis on the mutual fund and exchange-traded fund industry and what is in store regarding future regulatory developments. A distinguished faculty of practitioners and regulators, including current and former SEC officials, will offer insights into recent proposals that could result in the potential overhaul of regulations governing mutual fund prospectus delivery, the determination of fund management fees, and the uncertain future of Rule 12b-1 - plus recent litigation and enforcement decisions.

How mutual funds are created, managed and sold
New types of funds - such as exchange-traded funds
How management arrangements and fees are negotiated
The inherent conflicts of interest - and how they are resolved
How the credit crisis impacted mutual fund valuation and pricing
How regulators monitor the industry

Delaware Law Developments 2012: What All Business Lawyers Need to Know

Tue, 26 Jun 2012 04:00:00 GMT

Delaware law plays a critical role in U.S. corporate and securities law, particularly in today’s challenging and changing business environment. This unique annual program focuses on the important Delaware corporate law developments over the past year and the practical impact on your corporate or legal practice. The very top Delaware corporate law experts from the Delaware judiciary, leading law firms and corporations, and academia, will examine the latest case law and practical trends and share their real-world experiences, insights and advice on the issues of greatest concern to the corporate/securities legal community.

Recent developments in Delaware law: a two-hour discussion of recent opinions of the Delaware Supreme Court and Court of Chancery by leading Delaware practitioners
Current state of poison pills
Disclosures and Delaware law
Trends in deal terms and structure
An update on Revlon and board obligations
Ethical issues in Delaware law (receive one hour of ethics CLE credit!)

Adoption Law Institute 2012

Wed, 04 Jul 2012 04:00:00 GMT

The ALL NEW 2012 Adoption Law Institute will address current issues and new developments in adoption law in the United States and around the world, and explore modifications and alternatives to traditional adoptions, which raise ethical and practice considerations.

The faculty and the course handbook materials will provide practice tips and practical solutions to a broad range of issues that legal and social work professionals commonly confront in adoption cases.

Same sex marriage and implications for adoption
Parent attorney advocacy and reinstatement of parental rights
The impact of social media on adoption practice
Intercountry adoptions and immigration issues
Surrogacy and artificial reproductive technology (ART) issues
Ethical issues in adoption law practice

Employment Discrimination Law & Litigation 2012

Thu, 05 Jul 2012 04:00:00 GMT

Any attorney or human resources professional who advises or represents employers, employees, labor unions or government, or who has judicial/arbitral/mediator responsibility, must keep abreast of changes in the employment discrimination arena, and must also be aware of cutting-edge developments on the litigation front.

This program, designed for employment law practitioners and human resources professionals at all levels, brings together prominent practitioners from the management and plaintiffs’ bars, members of the judiciary and representatives from the EEOC, to analyze and provide practical guidance regarding the latest developments in the employment discrimination arena.

New laws and new rulings that can affect the advice you give, the strategies you choose, and the settlements you propose
What judges think about lawyers’ approaches to litigating employment discrimination claims
Lesser known/emerging discrimination claims
Discrimination trends and the experts’ future predictions

Audit Committee Workshop 2012

Fri, 06 Jul 2012 04:00:00 GMT

As we continue to see many new regulations from the SEC, PCAOB, CFTC and financial institution regulators, numerous challenges emerge for the audit committee. If you are a director or member of an audit committee, or if you advise audit committees, this program will help you understand what is required of the audit committee in this new and rapidly changing environment. An expert faculty of public company directors who have served on audit committees, lawyers and CPAs who advise audit committees, and government regulators who oversee the audit and financial reporting processes will offer practical advice based on real-world examples to give you the information and tools you need to successfully perform and meet the many challenges facing audit committees and boards today.

The most important developments in the past year for audit committees
Continuing impact of the Dodd-Frank regulatory reform legislation on financial reporting and audit committees
Dealing with the host of new regulations from the SEC, CFTC and financial institution regulators - what audit committees need to know
Key accounting developments: important changes in accounting for contingencies and GAAP/IFRS convergence update
Changes at the PCAOB and proposed changes to auditing and auditor communication standards you need to understand
How to build and maintain strong compliance programs
The audit committee’s role in overseeing risk, especially IT risk
Ethical issues arising when advising audit committees

Special Features

One full hour of ethics CLE credit
Interactive panels

Fundamentals of Broker-Dealer Regulation 2012

Mon, 09 Jul 2012 04:00:00 GMT

Major changes in broker-dealer regulation and the industry have come about as a result of the financial services crisis and the resulting regulatory reform. At the same time, FINRA continues to overhaul its rulebook as part of its Rulebook Consolidation process. This program will provide attendees with a solid foundation in the regulatory regime applying to broker-dealers, including what to expect next regarding broker-dealer regulation. Attendees will learn how the Securities Exchange Act of 1934, FINRA rules and state securities laws interact in governing the brokerage industry.

Attendees will also learn about recent regulatory enforcement activity by the SEC, FINRA, and the States and about how broker-dealers are responding to these developments and the challenges ahead for the industry.

A distinguished faculty will offer insights into recent rulemaking that is having far-reaching impact on the day-to-day operations of firms.

Who are the regulators and how do they interact?
What is entailed with respect to the duty to supervise?
How are conflicts of interest resolved?
What is “suitability”?
Developments regarding broker-dealer and advisory services
What is the role of the chief compliance officer?
How do the SEC and FINRA conduct inspections?

Internal Investigations 2012: How to Protect Your Clients or Companies in the Global, Post-Dodd Frank World

Tue, 10 Jul 2012 04:00:00 GMT

In today's uncertain economic, legal and regulatory environment, companies, their executives, and their counsel need to be proactive in identifying risks and remedying potential issues. Knowing how to conduct efficient and effective internal investigations is key to protecting your clients or company. Using a real-world hypothetical fact pattern throughout the day, expert panels review the many considerations and issues that can and do arise from the beginning to the end: issues to consider before and when commencing an investigation, conducting an investigation, dealing with the regulators, and concluding the investigation. The program is designed to touch on many practical issues arising today: international, data privacy, labor and employment law issues, as well as fundamentals of the investigation. Also new this year: hear from the plaintiffs’ bar as well as defense counsel, in-house counsel and regulators. As they work their way through the hypothetical, the panels will provide you with practical tips, and tools and you will leave the program with a better understanding of how to handle investigations successfully for your clients or company.

What to do when a potential whistleblower comes forward
How to conduct an internal investigation, in-house or outside
Considerations at the outset: nature and scope of the investigation
Document retention issues
Plaintiffs’ lawyers considerations: internal self-reporting to the company v. filing with the government
Issues in international investigations
Data privacy issues
The intersection of labor and employment law and internal investigations
When and how to work with outside experts
How to deal effectively with auditors
Whether and when to self-report. The government’s use, evaluation and weighing of internal investigations
Cooperation with the government
Concluding the investigation: when to prepare a report and how, corrective actions, cooperation with the government
Ethical issues: warnings to witnesses, representational issues, the rights of employees, avoiding obstruction, indemnification and advancement (Earn ethics CLE credit!)

Special Features

Updated, real-world hypothetical scenario to structure program
One full hour of ethics

Expert Witness 2012

Wed, 11 Jul 2012 04:00:00 GMT

For many attorneys, searching for, hiring, and using expert witnesses can be a daunting experience. Don’t miss out on the critical benefits conferred by the effective use of expert witnesses in complex litigation. Our faculty of experienced litigators and expert witnesses will demystify the challenges of selecting, preparing, and using experts. You will come away with practical tools to handle the myriad of issues involved with expert witness preparation and testimony.

Selecting the right expert for your case
Preparing and conducting a Daubert hearing
Defending against a Daubert challenge
Understanding how recent amendments to the Federal Rules impact expert discovery
Taking an expert’s deposition and deposing the opposing expert
Preparing your expert to testify at trial
Mastering direct and cross examination of experts at trial

Ethics for Commercial Litigators 2012

Thu, 12 Jul 2012 04:00:00 GMT

New developments in confidentiality, the attorneyclient privilege, and the attorney work-product doctrine (including disclosure obligations to third parties, the status of government pressure to waive, congressional legislation, selective waiver, and inadvertent waiver)
Lawyers’ exposure to civil liability
Whistleblower remedies for lawyers
Recent developments impacting the “no-contact” rules and lawyer “dissemblance”
Recent cases involving conflicts of interest
Current issues relating to multiple representation
Dangers to lawyers arising out of parallel investigations
Dangers to lawyers in the heightened regulatory environment
Current issues in electronic discovery

Subsidized Housing Basics 2012 (Free)

Thu, 12 Jul 2012 07:00:00 GMT

This substantive training provides a comprehensive overview of the federal housing programs, recent changes, current trends, and issues facing practitioners. The full-day training is designed for advocates with limited housing experience, but practitioners at all experience levels should be able to benefit from this training. The panelists are noted experts in housing law who will cover a broad-ranged of topics in federally-subsidized housing with real-world examples.

How to identify federally subsidized housing in your community
The rights of individuals to dispute admission denials
How federal eviction protections interact with California law
Tools to defend an eviction or termination from federally-subsidized housing
Available defenses to foreclosure for borrowers in Rural Development housing

M&A Litigation 2012

Thu, 12 Jul 2012 04:00:00 GMT

What better way to learn about M & A litigation than from the attorneys that litigate the nation’s most important M & A disputes and the judges who preside over them? We have assembled judges from the Delaware Supreme Court and the Court of Chancery, the most experienced and respected courts on M & A matters, and distinguished M & A litigators to give you their perspectives on the best ways to handle corporate M & A disputes.

Whether you are just embarking on a litigation career or are a veteran of fast-paced, high-stakes merger disputes, this course will give you unique insights into M & A litigation. Our stellar faculty will provide you with proven strategies and tips to successfully handle every phase of a merger dispute.

Join the masters of M & A litigation to learn about:

Assessing the advantages of special committees after Southern Peru
Predicting, awarding, timing and allocating corporate benefit fee awards
Valuing derivative claims in connection with M & A transactions
Invoking the reliance on counsel defense in deal litigation
Pursuing appraisal and quasi appraisal in the Court of Chancery
Litigating in the wake of Del Monte
Mastering the motion to expedite in the Court of Chancery

Understanding Patent Law 2012

Fri, 13 Jul 2012 04:00:00 GMT

As patents and other intellectual property become more and more valuable to companies, it is essential that general practitioners and business counselors have a firm grasp of the basic principles of patent law so they can better advise their clients. This program is designed with the non-patent practitioner in mind, and it will cover all types of patent issues that might arise in the context of every day practice and business management. The morning discussion of fundamental patent principles, including what is patentable and how to prosecute and protect patents, establishes an important foundation for the topics that follow throughout the afternoon. Patent opinions, patent licensing, and patent issues that arise in the context of transactions such as mergers and acquisitions will be covered. In addition, a broad overview of patent litigation, including coverage of recent case law, will be addressed. In-house counsel, general attorneys and business managers will learn to spot key patent issues that may face their clients and/or organizations and will learn what steps need to be taken next.

What are the parts of a patent application and what makes something patentable?
Learn about the lifecycle of a patent, from application-preparation through filing, prosecution, and issuance
Examine the unique issues involved in patent infringement and litigation including claim construction, defenses and relevant timelines
Explore IP issues that may arise in mergers and acquisitions transactions
Gain practical tips for patent licensing scenarios
What changes the America Invents Act has brought to patent law

Understanding Copyright Law in the Data Era 2012

Mon, 23 Jul 2012 07:00:00 GMT

Copyright law continues to be an unpredictable and dynamic practice area. Attend this program to learn the basics while exploring all of the recent cases and developments that continue to change the practice of copyright law. Examine the rights copyright protection confers, and learn how to protect those rights. Explore how the Internet continues to redefine critical concepts in the field, and learn how to tackle these challenges in daily practice. Even though you might feel like a novice at 9:00 a.m., by 5:00 p.m., you’ll be able to call yourself an expert!
The program will cover these and many more topics:

Fundamentals of copyright law: terminology,copyrightability, protectable subject matter, and associated rights
How copyright principles apply (or don’t apply) online
Hot issues in copyright law, including a review of the latest cases
Primer on copyright litigation and important defense strategies
Update on DMCA issues

Writing for Litigators 2012

Tue, 24 Jul 2012 04:00:00 GMT

Do you feel compelled to include phrases like “wherefore,” “heretofore,” and “albeit” in your writing? What actually is good legal writing? This program will teach you the secrets of successful legal writing, whether you are writing for judges, partners, or clients.

Topics to be discussed will include:

Getting started: planning your document and getting it done
How to persuade
The myths of writing well
Legal writing dos and don’ts
Legal style: making writing precise, concise, and powerful
What do judges need and want?

Understanding Trademark Law in the Global Marketplace 2012

Tue, 24 Jul 2012 07:00:00 GMT

Put aside the books and articles on trademark law, and listen up. This program is for you, whether you are just starting out, need a refresher, or have just learned how exciting a career in trademark law can be.

The program is built on a rock-solid foundation of trademark law experience. The speakers come with dozens of years in the field, and they will share that experience with you and will answer your questions, both during their presentations and informally afterwards.

Faculty members have protected famous brand names in federal court, written articles and treatises on trademarks, and managed portfolios containing some of our best-known trademarks. They will cover the basics, ranging from federal registration to cease and desist letters, as well as the hottest topics that face the practice area today.

Overview of key principles of trademark law and unfair competition, including terminology, the federal Lanham Act, and the underlying policies that support strong trademark protection
Practicalities, such as searching and clearing marks and applying for federal registration
Registration issues, both domestic and international
Hot topics and a review of the latest significant cases
Domain name issues and UDRP
Trademark infringement actions, strategies, and remedies, as well as a review of litigation alternatives

Private Equity Forum 2012 (Thirteenth Annual)

Tue, 24 Jul 2012 04:00:00 GMT

The current economic crisis and the state of financial markets continues to have a negative impact on private equity, leading to lower levels of fund-raising and deal-making activities. There has also been increasing regulatory and legislative focus on private equity funds and their roles in the financial markets leading to the downturn, as well as their potential roles going forward. In this environment, private equity faces a number of significant challenges as it redefines itself within the rapidly changing financial and business world.

At this program, a distinguished panel of experts will discuss the basics of the private equity practice from fund formation to private equity M&A. Experts will guide you through an array of key topics, including current issues in private equity investing and private equity funds; dealing with fund sponsor issues; current regulatory and legislative issues; and how private equity funds are addressing compliance issues raised by the current environment.

This program is designed to provide an understanding of the business and legal issues relating to private equity investment.

Registration under the Investment Advisers Act
New regulatory environment and implications for private equity funds
Negotiating with investors: Key issues
Current issues in private equity M&A
Ethical issues
Compliance programs for private equity firms that are registered investment advisers

Class Action Litigation 2012

Wed, 25 Jul 2012 04:00:00 GMT

Class action lawsuits remain one of the focal points of high stakes litigation in many areas of the law, yet the standards applicable to class actions are evolving. How has the class action landscape changed? How have courts addressed the issue of class certification? How can you structure settlements that are beneficial to your clients? This year’s program will answer these questions and many more.

Our outstanding faculty of plaintiffs’ and defense counsel, distinguished judges and academics will bring you up-to-date on important developments in class action litigation. You and your clients will benefit from this program whether your practice focuses on employment law, products liability, toxic tort, securities, consumer fraud, or civil rights. The course also includes pragmatic tips on litigation and settlement strategies designed to improve your skills and your chances for success in the courtroom.

Evolving pleading requirements and their effect on class actions
How to strategically litigate the class certification motion
Experienced litigators’ perspectives on class actions
Best litigation practices

Special Feature

Earn one hour of ethics credit with a discussion of the unique ethical issues involved in class action litigation

Doing Deals in and with Emerging Markets: BRIC and Beyond 2012

Thu, 26 Jul 2012 04:00:00 GMT

With emerging markets, like those of the BRIC (Brazil, Russia, India and China) countries, playing an ever greater role in the global economy, attorneys and other professionals facilitating cross-border transactions need to familiarize themselves with the world outside the Group of Eight. After all, according to a recent OECD study, emerging markets will account for over 60% of global economic output by 2030.

This program will provide a comprehensive overview of the most pressing legal issues implicated in international dealmaking in and with emerging markets.

Attorneys and other professionals in the field will benefit from the insights offered by a stellar faculty, who will draw on decades of combined experience to share the best practices and most effective strategies they have learned and successfully employed. This program will bring together dozens of leading attorneys with global expertise, providing an excellent networking opportunity in addition to an unmatched learning experience.

In-bound investments: facilitating investments by emerging market companies
Resolving disputes in international deals
Negotiating issues in dealing with emerging market players
Due diligence and valuation issues in deals involving emerging market players
Antitrust considerations in international deals
Ethical issues for clients and their lawyers facilitating international transactions
Adhering to Foreign Corrupt Practices Act (FCPA) regulations
Adapting deal terms to local practices and issues
How to hire and manage local counsel

Special Feature

Earn 1 hour of ethics credit

Municipal Law Institute 2012 (12th Annual)

Fri, 27 Jul 2012 04:00:00 GMT

Regardless of experience level, municipal attorneys practicing in a city law department will want to attend this Institute, which equips attendees with analyses of important developments, emerging legal issues and best practices in the field of municipal law.

Employment law update
FOIA requests to city governments
The First Amendment and protest movements
Administrative tribunals

Fundamentals of Investment Adviser Regulation 2012

Wed, 01 Aug 2012 04:00:00 GMT

In the aftermath of the financial crisis and the resulting regulatory reform, the SEC has advanced significant rulemaking to impose a greater degree of controls on investment advisers’ operations. In fact, the SEC has put the regulation of investment advisers under the microscope. At the same time, Congress is considering financial regulatory reform that could impose a new self-regulatory organization in charge of adviser regulation. At this program, attendees will get a solid foundation in the regulatory regime applying to investment advisers. Attendees will learn how the Investment Advisers Act of 1940 and state securities laws interact in governing the advisory industry.

A distinguished faculty will offer insights into recent rulemaking including advisor disclosure, custody, and pay-to-play, as well as the new SEC adviser exam program.

Who are the regulators and how do they interact?
How will financial regulatory reform impact the adviser industry?
What determines whether an adviser is SEC-registered or state-registered?
What does an adviser’s fiduciary duty entail?
How are conflicts of interest resolved?
What rules apply to adviser advertising?
What is the role of the adviser’s Chief Compliance Officer?
How do the SEC and state regulators conduct inspections?

Prior Art, Obviousness, and the America Invents Act in 2012

Mon, 06 Aug 2012 07:00:00 GMT

Patent reform has arrived: what will be its impact on those touchstones of patentability, prior art and obviousness? 102 was already a complicated concept for patent practitioners, having undergone evolving interpretations in the PTO and CAFC. How will the AIA now complicate matters further? How does the concept of “prior art” and circumstance collide in the 21st century? How does prior art on the web impact the practice? What is truly enabled? This program will allow you to obtain an essential working understanding of this complicated statute, including recent re-interpretations, case law, and explore the statutory revisions. Meanwhile, obviousness, the most common reason any application is rejected or patent held invalid, is changing as a result of KSR (already 5 years old). Explore 103 from inside and outside the PTO as both the CAFC and PTO try to shoehorn their past decisions into a KSR pigeonhole!

Publication/Accessibility - on the web, on the shelf, in the mail, “routine” practices
The four steps of (d)
Ex parte 102 (g): abandon, suppress, conceal, and notebooks
Actual vs. constructive reduction to practice
A close look at 102 (e)
What issues are raised by successive common owner filings?
The new AIA 102 and its dates. What is the new “grace period”?
Is it truly a world wide landscape of “filing date” prior art?
A thorough review of the recent KSR “guidelines” and “timelines”
Examine the impact of proper and improper benefit claims on the prior art date of a reference and the effective filing date of the application being examined
How do you apply 103 post-KSR and the 2010 PTO Guidelines?

Basics of International Taxation 2012

Tue, 07 Aug 2012 04:00:00 GMT

In a global business, the tax laws of the United States may impact transactions regardless of where the transactions take place. A working knowledge of the U.S. international tax rules is, therefore, of paramount importance to a wide variety of tax and corporate professionals.

At this new program, we will assemble some of the world’s leading tax experts to discuss the current rules of U.S. international taxation. We will describe how these rules work and focus upon their impact on financings, mergers, acquisitions and other commercial activities. In addition, we will analyze legislative proposals that have the potential to change these rules and discuss the likely impact of such changes on global business operations.

The background, purpose and history of foreign tax credits
The mechanics and significance of tax treaties
The possibility of U.S. international tax reform
Reporting and withholding requirements under the Foreign Account Tax Compliance Act (FATCA)
How to recognize Passive Foreign Investment Companies (PFICs)

Ethics for Discovery 2012

Wed, 08 Aug 2012 04:00:00 GMT

Pre-litigation document management and preservation - best practices and ethical duties for:

Technology assessments and inventory
Employee education
Designing and implementing document retention policies and preservation plans
Litigation risk assessments

The discovery process - recent developments and emerging issues, including:

Use of outside vendors and new technologies
Navigation of court-imposed duties and associated ethical obligations in litigation
Metadata
Instant messaging, mobile devices, and social media
Cloud computing and the implications of new technology
Preserving privilege and confidential client information in written discovery and deposition
Key (and potentially problematic) differences between federal and state court treatment of discovery
Counsel’s duties under the Federal Rules,Disciplinary Rules and selected regulations and state laws

Ethics for In-House Corporate Counsel 2012

Wed, 08 Aug 2012 04:00:00 GMT

Ethics and financial services in the midst of global financial market turbulence
New developments in corporate governance
Crisis management, corporate compliance, and litigation management: what every in-house counsel needs to know
E-discovery
Attorney-client privilege; Kovel privilege
Ethics and outsourcing
Corporate whistleblowing
FCPA and UK Anti-Bribery Act
Whistleblower provisions of Dodd-Frank Act

This Really Happened: A Review of Real World Ethical Issues 2012

Wed, 08 Aug 2012 04:00:00 GMT

Join us once again at this unique interactive program. Chair Jeremy R. Feinberg and our expert faculty will review a new set of hypotheticals culled from some of the most outlandish cases recently reported. What did those attorneys do? What would you do? What do the experts say you should do? Test your knowledge of the pertinent ethical rules as you match wits with our expert faculty, and contestants. Referred to as the “ethics game show,” this program had past attendees raving: “This was one of the best programs I’ve attended!”; This is by far the best, most engaging, and frankly, most entertaining CLE program I've ever heard”; “Entertaining as well as instructive”; “Love the "quiz" format”; “Without a doubt the most painless and informative 2 hours of ethics training ever”; and “Best Ethics CLE EVER!”

Join us as we review some of the strangest cases recently reported.

Hear about:

What happens when lawyers use trickery to obtain an advantage in investigating cases
How the courts have treated the lack of civility by lawyers and their clients
What impact technological snafus can have on the client-lawyer relationship and privilege determinations
How even well-intentioned judges have a bad day and the attendant consequences

Children's Law Institute 2012 (15th Annual)

Mon, 13 Aug 2012 04:00:00 GMT

Whether representing children, parents or a child welfare or foster care agency, in private practice, government, public interest practice or as a policy advocate, the issues and the environment in which advocates operate is increasingly complex. This year, PLI’s 15th Annual Children’s Law Institute will focus on a variety of social and legal issues affecting child welfare practice.

Custody disputes in same-sex relationships
Post-adoption visitation
Cross examining a forensic evaluator
The Uniform Child Custody and Jurisdiction and Enforcement Act
The Indian Child Welfare Act and how it affects child welfare litigation
Ethical issues facing family court practitioners

Ethics in Banking and Financial Services 2012

Tue, 14 Aug 2012 04:00:00 GMT

The intersection of banking and brokerage regulation: What are the ethical and practical issues for lawyers in an era of overlapping regulatory jurisdictions?
The dangers and pitfalls of broker-dealer enforcement: What are the ethical and practical issues for lawyers in handling enforcement matters?
The ethical responsibilities of legal and compliance professionals in regulated companies: What are the duties and potential liabilities of outside and inside counsel in dealing with client problems?
Recent changes in the rules of professional responsibilities: Have the recent changes made the environment better or worse for lawyers?
Representing regulated entities in civil litigation: What are the key ethical and practical issues on which litigators need to be focused?

Writing for Transactional Lawyers 2012

Tue, 14 Aug 2012 04:00:00 GMT

By attending this program you will learn principles of effective writing and drafting that will enhance your transactional practice. Particular emphasis will be given to the perspectives of the end users: your clients and those who litigate commercial disputes.

You will learn effective transactional drafting and communication based on:

Knowledge of key principles of contract interpretation
Attention to the evolving body of commercial case law
Focus on client objectives and expectations
Application of crisp and clear drafting techniques, including use of “Plain English”

Securities Arbitration 2012

Thu, 16 Aug 2012 04:00:00 GMT

Last year’s fervor over the fairness of arbitration has not so much subsided as it has been refined. In response to this shift, in 2012 FINRA will focus on streamlining and improving its dispute resolution forum, including fine-tuning the arbitrator disclosure process. FINRA’s goal is to ensure early disclosure of relevant arbitrator information, in order to save the parties the time and expense associated with replacing arbitrators whose disclosure is incomplete, while allowing for the parties’ continued input into the arbitrator selection process.

This year’s Securities Arbitration program will feature FINRA Dispute Resolution’s Director, staff, and arbitrators, as well as noted academics and experienced attorneys who represent both customers and industry players. Our faculty will explore FINRA’s efforts to improve the arbitrator disclosure process and provide you with practical tips on drafting claims and answers, striking and ranking proposed arbitrators, trying expungement hearings and resolving common ethical dilemmas that arise in securities arbitration practice.

Find out what’s new at FINRA, including:
- Impact of recent rule changes
- Proposed changes in FINRA Dispute Resolution’s arbitration rules and practices
- Plans for the continued enhancement of the arbitrator selection process
- The evolution of the discovery process in FINRA arbitration
Examine the proposed rules for brokers seeking expungement of their record in the Central Registration Depository but who are not named parties in disputes between firms and customers
Analyze recent legislative developments and case law trends
Learn about a new pilot program for large cases
Get tips on avoiding “cramdown” arbitrator appointments

Plus participate in our special interactive demonstration of an expungement hearing and earn ethics credit at our new session exploring scenarios that highlight the ethical traps that counsel and arbitrators may encounter. You’ll also get a special introduction to the new Web portal that FINRA is currently developing, which will allow parties and arbitrators to exercise greater control over the administration of their cases.

Prison Law 2012

Fri, 17 Aug 2012 04:00:00 GMT

Whether representing prisoners while in private practice, public interest practice or as a policy advocate, the issues and the environment in which advocates operate is increasingly challenging and complex. This year, PLI’s third annual program on Prison Law will address the legal framework for civil litigation filed on behalf of prisoners in federal and state courts, from a national perspective.

The constitutional, statutory, and state law bases for lawsuits brought on behalf of prisoners against individual prison officials and correctional institutions
How to address common ethical dilemmas that arise in the course of representing prisoners
The “nuts and bolts” of pleading, discovery, and trial practice in prison cases
General prison conditions and the failure to protect
Addressing health issues in prison

ERISA: The Evolving World 2012

Tue, 21 Aug 2012 04:00:00 GMT

A working knowledge of Employee Retirement Income Security Act’s (ERISA) framework is crucial for lawyers, HR practitioners and other professionals in the area of employee benefits and compensation planning. Our experienced faculty of leading practitioners will discuss a broad array of topics, including the basic regulatory framework, the types of plans covered, the requirements for intended tax treatment, fiduciary responsibilities and other issues relating to the investment of plan assets, how to correct errors and the role of the benefits practitioner in the transactional setting. In addition, you will learn about recent IRS, DOL and legislative and judicial developments. The benefits practice also reaches beyond ERISA and the tax laws, and the scope of the seminar will extend to executive compensation and to related laws other than ERISA and the Internal Revenue Code, such as those covering employment discrimination.

Requirements and special rules applicable to different retirement plans;
Specific rules applicable to defined benefit plans and defined contribution plans;
Pension Benefit Guaranty Corporation (PBGC) insurance coverage;
Distributions from qualified plans; reporting and disclosure requirements; fiduciary responsibilities and other aspects of plan investment;
Ethical issues for the practitioner;
Design and operation of 401(k) plans

Supreme Court Review (14th Annual): October 2011 Term

Thu, 23 Aug 2012 04:00:00 GMT

A distinguished faculty of leading constitutional scholars, civil rights experts, a law school dean and a Supreme Court journalist will analyze, discuss, and debate the leading Supreme Court decisions of the October 2011 Term. The faculty represent a variety of constitutional views and perspectives. The decisions will be analyzed for their precedential, doctrinal and, where appropriate, societal and litigation significance.

The program will feature an in-depth analysis of the Court’s decisions concerning the constitutionality of the Affordable Care Act health care legislation. In addition, the Court’s 2011 plenary docket features numerous other highly significant cases involving clashes between individual and government interests and state and federal government power. The cases involve a wide range of important issues concerning freedom of speech and religion, Fourth Amendment searches, the Eighth Amendment prohibition against cruel and unusual punishment, civil rights litigation, and the Supremacy Clause.

Some of the specific issues include:

Congress’s power under Commerce Clause to require health insurance (Florida v. U.S. Dept. of Health & Human Services)
Police GPS tracking under the Fourth Amendment (United States v. Jones)
Validity of Arizona law requiring police checks of immigration status of arrestees (Arizona v. United States)
Constitutionality under First Amendment of FCC indecency regulations (FCC v. Fox Television Stations)
Constitutionality of life sentences for juveniles convicted of murder (Miller v. Alabama; Jackson v. Hobbs)

Defending Immigration Removal Proceedings 2012

Mon, 27 Aug 2012 04:00:00 GMT

With more than 300,000 deportation and removal cases initiated by U.S. immigration authorities each year, immigrants in the United States are in need of competent and knowledgeable representation in this important area of law. Over half of those facing removal proceedings are unrepresented, and studies have shown that those without legal representation face a significantly higher risk of deportation, regardless of eligibility for relief. In response to the acute need for trained attorneys to defend the record number of immigrants facing removal, prominent members of the bar and bench have called for more pro bono work to be done to fill the gap.

This program will provide panels of nationally recognized experts imparting a comprehensive, nuts and bolts overview of how to most effectively defend immigrants facing removal proceedings.

Prosecutorial discretion - how to make it work for your client, you never know until you ask!
The Violence Against Women Act (VAWA) and its use in removal proceedings
Tackling the special challenge of representing children in removal
Practical examples of ethical problems in removal practice
Building a case for relief: how to prepare a winning waiver application for clients with criminal convictions
Pitfalls for asylum applicants and how to avoid them, firm resettlement, the one year filing deadline, and more

The Attorney-Client Privilege & Internal Investigations 2012

Tue, 28 Aug 2012 04:00:00 GMT

Privilege issues arising from cooperation with the government
Recent trends in government agency approaches to internal investigations, cooperation and waiver of privilege
Ethical issues in conducting the investigation
Conflict of interest issues arising in the representation and interview of company employees
Conflicts between the company and employees on privilege waiver issues
Best practices in conducting investigations
Issues arising in international internal investigations
Reporting the results of the investigation

Ethics in Arbitration 2012

Tue, 28 Aug 2012 04:00:00 GMT

There has been a proliferation of ethical guidelines and Codes which seek to simplify the issue of what and how much an arbitrator needs to disclose before (or during) an arbitration. Despite all these efforts, the U.S. Supreme Court continues to apply the “evident partiality” standard of the Federal Arbitration Act that was espoused over forty years ago in the Commonwealth Coatings case. The result is a non-uniform body of case law from the different circuit courts that has resulted in uncertainty and even in the extreme result of the vacation of an arbitral award for non-disclosure by an arbitrator. This practical program, taught by experienced practitioners, will seek to clarify the relevant issues and provide strategies for dealing with them effectively.

Review of recent case law interpreting the “evident partiality” standard of the Federal Arbitration Act
Practical examples of ethical issues for arbitrators
Institutional Codes of Ethics (i.e., IBA, ABA, Chartered Institute, etc.), and are they useful?
Jurisdictional variations on ethical disclosure - both domestic and international
Conflicts of Interest - what every arbitrator needs to know
Successfully challenging a potentially biased arbitrator
Recent decisions on arbitrator ethics - their viability and applicability

Hedge Funds 2012: Strategies and Structures for an Evolving Marketplace

Wed, 19 Sep 2012 04:00:00 GMT

In 2012, hedge funds and their managers face their first year of operations under new regulations enacted under Dodd-Frank. The Dodd-Frank Act has triggered a massive change in the regulatory framework for the entire financial industry that significantly alters the registration and reporting requirements for hedge fund managers and many of their trading activities. The hedge fund industry continues to grow, with a reported $2 trillion in assets under management at the end of 2011, even with volatile markets and a negative overall performance during the past year. The major players in the hedge fund industry continue to attract investors, while new entrants face larger barriers to entry, and some managers have been forced to grapple with regulatory investigations and insider trading allegations. Meanwhile, hedge fund managers continue to refine their relationships with counterparties to incorporate the lessons learned from the Lehman and MF Global meltdowns. At this program, you will hear from distinguished experts about these and other developments affecting the industry.

How are hedge funds typically formed and structured?
How will the new registration and disclosure requirements affect hedge fund managers?
What happens when a hedge fund manager suspends redemptions or liquidates a fund?
How do hedge funds trade and clear derivative transactions?
How can hedge funds improve their prime brokerage relationships?

Ethical Issues in California Pro Bono Representation 2012

Thu, 20 Sep 2012 07:00:00 GMT

While the ethical obligations of Pro Bono legal practice are no different than a commercial law practice, there are practical considerations regarding eligibility of clients, challenging clients, conflicts (similar in theory, different in practice settings), expectations on both sides, case management responsibility, and different delivery models, such as limited scope representation, that cause many professionals to hesitate offering pro bono legal services. This program is designed to answer questions regarding the professional responsibility obligations of pro bono legal service, encourage attorneys to engage in this professionally rewarding aspect of law practice, and remove ambiguities that are barriers to engaging in pro bono legal services.

Experts in professional responsibility and in pro bono service from law firms, legal services, and in-house corporate law departments will discuss:

Application of the California Rules of Professional Conduct
ABA Model Rules of Professional Conduct
Proposed California Rules of Professional Conduct
Basics of Pro Bono, Including the Definition of “Pro Bono”
Why Pro Bono is Considered an Important Part of the Profession
Professional Responsibility Concerns Unique to Pro Bono

The faculty will discuss hypothetical fact patterns and illustrate the application of the rules.

Hot Topics in Mergers & Acquisitions 2012

Thu, 20 Sep 2012 04:00:00 GMT

After a rather tepid start to the year, the M&A markets have begun to show signs of renewed life in 2012. The variability in deal activity creates uncertainty and rewards preparedness. Now more than ever, it is critical for dealmakers and their counsel to stay abreast of the latest trends and forecasts. Will the tough markets of the last year give way to greater stability and optimism in the second half of 2012? How will buyers and sellers adjust their behavior in response to recent experience? How will economic developments drive merger strategy and tactics? How should companies be preparing for approaches by activists? Join our expert faculty of lawyers, general counsels, regulators and investment bankers as we explore the fascinating state of M&A and the trends you need to be aware of for the year ahead.

Tactics for dealing with activists and proxy advisors
The latest technology in deal protection and relevant developments in Delaware Law
Trends in spinoffs, carveouts and divestitures
Ethical challenges in M&A transactions
SEC and antitrust developments

California Employment Law Update 2012

Fri, 21 Sep 2012 07:00:00 GMT

PLI’s California Employment Law Update addresses the issues confronted by employment law advisers, litigators and human resources management and professionals. This program combines a comprehensive review of a broad range of case law and regulatory developments, an in-depth analysis of emerging issues, and practical guidance about best practices to maximize employment law compliance, mitigate legal risk and achieve business objectives.

The faculty is comprised of nationally recognized employer and employee advocates, in-house counsel, and regulatory and judicial officers, all of whom will share their perspectives, insights, and experiences.
Year-in-Review: a summary of important United States and California Supreme Court and other appellate case law that California practitioners need to know; and regulatory developments

How Dukes v. Wal-Mart is changing the class action landscape
Hear valuable tips about litigating employment discrimination cases
Master the key wage and hour developments
Views from the Bench and juries: what every practitioner must know
The impact of social media on the workplace

Special Features

Earn one full hour of Ethics credit
Earn Elimination of Bias credit

Estate Planning Institute 2012 (43rd Annual)

Tue, 25 Sep 2012 04:00:00 GMT

The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of2010, which was enacted on December 17, 2010, completely changed the landscape regarding federal estate taxes, gift taxes and generation- skipping transfer taxes, but these tax law changes are scheduled to expire on December 31, 2012. In addition, President's Obama's budget for the government's fiscal year ending September 30, 2013 contains major proposals for transfer tax and income tax changes. The program will explore the possible transfer tax and income tax changes that may occur in 2013 and how you can use this information to your clients' maximum advantage.

An analysis of the consequences that would result from the expiration of the 2010 Tax Act on December 31, 2012
A review of the Administration’s current transfer tax and income tax proposals
Drafting estate planning documents to comply with and take advantage of the 2010 Tax Act
Marital deduction planning under the 2010 Tax Act
Prudent investing for the fiduciary in the 21st century
Post-death elections and planning under the 2010 Tax Act
State transfer tax consequences of the 2010 Tax Act
Effective life insurance planning
Marital deduction planning in the age of portability
An update on recent developments in all other areas of estate, trust and transfer tax planning
Sophisticated planning techniques in a low interest rate environment
Ethical concerns in estate planning
Estate planning for collectibles

Directors' Institute on Corporate Governance 2012 (Tenth Annual)

Wed, 26 Sep 2012 04:00:00 GMT

In the past year, new expectations were placed on boards in critical areas of governance, including corporate social responsibility, board governance, audit committee oversight of financial reporting and independent auditors, shareholder activism, and executive compensation. In addition, the Dodd-Frank Act will continue to put new requirements on companies and boards, and boards need to remain mindful of the implications of said requirements, as well as the heightened expectations of shareholders. At this renowned Institute, leading corporate governance experts - directors, government officials, corporate counsel, and academics - will share their perspectives on the fast-changing regulatory environment, the new expectations for board oversight, and needed steps boards will want to consider.

The new expectations facing boards of directors in the arena of social responsibility
How to address particularly difficult issues, including compensation, audit committee and audit firm oversight, board governance, and shareholder activism
The latest thinking on where boards of directors may be most vulnerable
What’s on the government’s agenda
Challenges for the future as financial reporting and oversight continues to evolve
Considerations for directors arising out of the governance and executive compensation provisions of the Dodd-Frank legislation
Board responsibilities in the annual meeting and proxy statement process

Building Better Construction Contracts 2012

Tue, 02 Oct 2012 04:00:00 GMT

Traditional construction contracts do not work as well as they should to align the parties' interests and clearly define rights and responsibilities. As a consequence, the design and construction process is more dispute prone than it needs to be. This course is designed to give you the tools you need to better negotiate and draft design and construction agreements. You will learn which risk allocation clauses, including the so-called "killer clauses", work and under what circumstances and those that more often prove counter-productive. We will examine such new collaborative contracting models as Integrated Project Delivery (IPD), so as to enable you to choose what aspects of these agreements might assist your clients. We will also look at how to best leverage such new technologies as Building Information Modeling (BIM) to achieve better project outcomes. You will also learn what risks are best handled through insurance and how to draft state-of-the-art insurance and indemnity provisions, including those for such integrated programs as Owner-Controlled Insurance Programs (OCIPs). Innovative dispute resolution approaches will also be examined. This course will give you the tools to advise on many of the new and important developments in construction contracting.

How to evaluate and draft meaningful and effective incentive provisions
Better understand the role of insurance in construction contracting and how to negotiate and draft appropriate insurance and indemnity clauses
To develop collaborative contracting arrangements and how the new IPD agreements work
To identify and draft appropriate dispute resolution models
How to leverage new technologies through creating BIM execution plans

Technology and Entertainment Convergence 2012: Hot Business and Legal Issues in "Technotainment"

Wed, 03 Oct 2012 07:00:00 GMT

This year’s program is completely revised to include today’s major legal and business issues in the convergence of entertainment and technology. The program brings together a faculty of experienced in-house lawyers, law firm attorneys and senior business executives on the cutting edge of this burgeoning practice. The expert faculty explores distribution of digital content to Apps; advertising and privacy issues in social media; social and mobile games’ legal and business issues; union and guild issues for content on the internet and mobile devices; social media issues for employers; and recent key cases involving convergence issues. Be sure that you are on top of all of the developments and burning legal issues at the intersection of technology and entertainment! You will learn what you need to know to maintain your practice edge by attending this one-day “Technotainment” program.

New technologies behind App distribution and related issues and approaches
Targeted and behavioral advertising issues in social media, including privacy
Legal issues in social media for hiring and managing employees
Social and mobile games’ business models and legal rights and licenses
Potential exposure for cloud services, mobile providers and new technologies
SAG-AFTRA, Writers Guild and Directors Guild key terms and entertainment agreements for new media
Circuit splits in digital entertainment cases
Trends in litigation over Terms of Use and other online agreements and licenses

Courtroom Skills for Pro Bono Attorneys (Free)

Fri, 05 Oct 2012 07:00:00 GMT

Attend this training for an overview of trial skills helpful to attorneys handling Pro Bono litigation matters particularly in an Unlawful Detainer context. Unlawful Detainers as summary proceedings provide unique challenges in trial preparation and representation. This three hour training is designed for practitioners at all experience levels. The panelists are experienced litigators in Pro Bono cases and eviction defense. This training provides useful tools for trial preparation and representation.

Development of theory and theme of your case and how to translate that into a persuasive story at trial
Tips on trial preparation, witness preparation, jury selection and pre-trial motions
Direct and Cross examination, presentation of exhibits
Effective use of objections and other evidence issues
Persuasive closing arguments

Electronic Discovery Guidance 2012: What Corporate and Outside Counsel Need to Know

Mon, 08 Oct 2012 04:00:00 GMT

New questions constantly arise about how to effectively and fairly handle the potentially overwhelming demands and costs of e-discovery in litigation. This program will provide an overview of the development of e-discovery law and a look to where that law is heading. An outstanding faculty of experienced lawyers, judges, and e-discovery professionals will provide an inside look at the current state of e-discovery, give tips for avoiding pitfalls litigants have encountered in the years since the passage of the federal rules, and discuss important ethical issues in light of recent court decisions imposing discovery sanctions and outlining the duties of outside and in-house counsel.

This seminar is designed to provide counsel with the understanding necessary to advise clients on state, federal and international e-discovery strategic and technology issues. You will take away practical strategies you can use when you are called upon to provide guidance on e-retention policies or e-discovery.

Review the latest legal developments in e-discovery
Hear from judges, in-house counsel, outside counsel, and others facing the myriad of e-discovery issues that can arise in litigation
Gain the perspectives of experienced e-discovery attorneys who have encountered problems similar to those your clients likely face
Get practical tips for conducting efficient and defensible discovery in the electronic age
Learn why sanctions are imposed for e-discovery violations and how you can avoid similar missteps

Special Feature

Earn one hour of Ethics credit

"Bet the Company" Litigation 2012: Best Practices for Complex Cases

Tue, 09 Oct 2012 04:00:00 GMT

What is “Bet the Company” litigation? This fast-paced, high-stakes, complex litigation can involve securities law, intellectual property, mass torts, products liability, antitrust and other substantive areas of law. When regulatory investigations arise and overlapping cases are filed in multiple state and federal jurisdictions around the country, matters can become even more complicated. The very existence of your client’s company and livelihood can be at stake.

The presence of multijurisdictional legal, business and technology issues requires sophisticated case management skills and techniques. This program brings together the experienced practitioners who litigate these cases and the judges who rule on them to provide you with the most up-to-date intelligence on proven strategies and tools. Panelists will include both defense and plaintiffs’ counsel experienced in multijurisdictional litigation, regulatory attorneys who handle complex investigations, distinguished judges, and in-house counsel.

New developments in the law relating to removal from state to federal court and remand back to state court
The current regulatory landscape and how it can overlap with complex litigation
The “View from the Bench”: experienced judges share their insights on the intricacies of “Bet the Company” cases
Successful strategies for mediation

Special Feature

Understanding the new world of litigation financing, and its related legal and ethical issues

Patent Litigation 2012

Fri, 12 Oct 2012 07:00:00 GMT

Rapid changes in patent law make it necessary that, whether you are plaintiff’s or defendant’s counsel, you are up-to-date on the current state of the law and can quickly develop successful litigation strategies and tactics. This program is taught by a faculty of both outside and in-house lawyers who have earned national reputations in patent litigation by trying and managing a wide variety of bench and jury patent trials, and provides comprehensive coverage of every phase of a patent lawsuit. Through lecture and demonstration, you will be able to hone your patent litigation skills in just two days.

The program schedule has been totally revised, based on comments from prior year attendees at this popular annual program, and many new sessions have been added to address hot topic developments over the last year.

An expanded opening session focusing on recent case law, as well as the effect on patent litigation of the America Invents Act
An in-depth exploration of growing joint/multiple infringement litigation
The still-evolving law of the patentability of business methods and what constitutes a business method two years after Bilski
Strategy and tactics in reexamination and post-grant review proceedings
The new rules promulgated by the PTO after enactment of the America Invents Act to implement the changes in the law and the new PTO procedures created by the AIA
Current trends in patent damages in the post-Uniloc environment
The wide array of pretrial motions relating to: adequacy of pleadings; jurisdiction/venue; evidentiary issues; and substantive issues, that determine where a case will be tried, if a case is tried, what issues will be tried and what evidence will be considered

Special Features:

Direct and cross-examination of a technical expert at trial
Ethical issues in patent litigation: one hour of Ethics credit!

Drafting Securities Filings 2012

Fri, 12 Oct 2012 04:00:00 GMT

This workshop will analyze in detail the principal forms and certain drafting issues and techniques used in filings with the SEC under the Securities Act of 1933 (“Securities Act”) and the Securities Exchange Act of 1934 (“Exchange Act”), with particular emphasis on the mechanics of and timing for assembling particular filings. Recent legislation, including the controversial Jumpstart Our Business Startups (“JOBS”) Act and recent and proposed rule changes affecting disclosure obligations will be addressed as part of the topics covered.

Overview of the disclosure cycle and the integrated disclosure system; Regulation S-K
Exchange Act registration and reporting, including Forms 10-K, 10-Q, 8-K and more
Securities Act registration statements, including discussion of eligibility, the drafting process, incorporation by reference, “experts,” consents and shelf registration
Securities Act Section 5 - the communication rules and related filings
Broad overview of proxy statements, including when preliminary filings are required, the shareholder proposal process, as well as year-end timing and filing issues
Securities filings used in mergers, acquisitions and other significant corporate transactions
Section 16 filings
Mechanics and implications of risk disclosures in both Securities Act and Exchange Act filings
Review procedures in the SEC’s Division of Corporation Finance
The JOBS Act and continuing issues in securities filings resulting from the Dodd-Frank Wall Street Reform and Consumer Protection Act

Special Features

Earn one hour of Ethics credit
Earn Skills credit

Corporate Counsel Institute 2012

Sun, 14 Oct 2012 04:00:00 GMT

There’s always something new coming along to keep corporate counsel on their toes, and indeed, even awake at night. The role of the corporate counsel continues to evolve to meet new challenges in relation to an increasingly global economy, recent financial turmoil and continually changing new technologies. It is essential for all corporate counsel to be informed of the latest issues and possess effective, budget-conscious strategies for managing both the legal and practical business matters of corporate law departments.

Guidance for managing cyber theft and other data protection and privacy law concerns
Pointers on preparing for patent warfare, trolls and other IP issues
Effective strategies for advising the Board on: crisis management, executive misdeeds, activist shareholders, and corporate transactions
Enterprise risk management: explore real-world successes - and failures
Navigating the impact of the European sovereign debt crisis on multinational companies
General Counsel under scrutiny: as targets of investigations, attorney-client privilege, executive compensation and related disclosures, insider trading risks, and reserve/accrual issues

Special Features

Lunch with keynote presentation
Network with General Counsel from leading corporations

White Collar Crime 2012: Prosecutors and Regulators Speak

Tue, 16 Oct 2012 04:00:00 GMT

For more than a decade, white collar enforcement has been a top priority for the Justice Department, the SEC, and other prosecutors and regulators. The government has targeted a wide range of business organizations and, in recent years, has focused heavily on prosecutions of individuals. The focus on individuals has led inexorably to more trials, and the past year has seen some notable successes and failures for the government. In today’s world, white collar investigations often transcend international boundaries. In addition, Congress has given the government new statutory authority, including Dodd- Frank, the STOCK Act, and increased white collar penalties. Prosecutors continue to use aggressive investigative techniques such as wiretaps, search warrants, and confidential informants.

This unique and well-established program, now in its fifth year, will give you the background and tools necessary to deal with white collar cases and civil enforcement actions, and to design and implement effective compliance and risk management strategies. You will hear directly from current and former high-level officials in many of the country’s top enforcement agencies - including the U.S. Attorney’s Offices for the Southern and Eastern Districts of New York and the District of New Jersey, the Department of Justice Fraud Section, the U.S. Securities and Exchange Commission, the Manhattan District Attorney’s Office, and the U.K. Financial Services Authority - as well as federal judges and leading defense practitioners about the current and future priorities for the government and the practical implications for your company or clients.

Current enforcement priorities, including an assessment of trends and significant cases over the past year
The reasons the government is attempting to hold individuals accountable, and how to deal with investigations focusing on individuals, as opposed to business organizations
Takeaways and lessons learned from recent white collar trials
The continuing expansion of cross border investigations - often in areas other than the FCPA

How to Effectively Prosecute AIA Post-Grant Proceedings 2012

Wed, 17 Oct 2012 07:00:00 GMT

The America Invents Act (AIA) post-grant proceedings effectively hybridize patent litigation and prosecution practices to yield new procedures to challenge or reinforce granted patents. The U.S. Patent and Trademark Office (PTO) rules to implement the AIA will be fully effective by September 17, 2012.

Join our expert, experienced faculty of in-house and law firm attorneys, as well as senior PTO officials, to learn what you must know to succeed in the new environment.

This seminar details the diverse skill set necessary to critically evaluate, file, and effectively prosecute these proceedings. Take away what you need to know to file and respond to petitions and conduct discovery, motion practice and trial before the Patent Trial and Appeals Board.

Master the new post-grant proceedings for resolving patent disputes
Updates to the rules and legislation relevant to the new post-grant proceedings
When to use the new post-grant review, inter partes review, and transitional program for covered business method patents
Understand derivation proceedings and supplemental examination
The new role of ex parte reexamination
Budgeting time and money for these new proceedings
The new definition of prior art
Strategies and tactics for patent trial and appeal board practice: pre-trial preparation; the use of experts; discovery; motion practice; oral hearings; and appeals

Hot Issues in Executive Compensation 2012

Thu, 18 Oct 2012 04:00:00 GMT

As the economy shifts and the legislature, SEC and shareholders respond, the design, implementation and disclosure of executive compensation undergoes continual change. At this program, experts in the area - from major corporations, the SEC, the IRS and shareholder activist groups, as well as from leading law, and consulting firms - will lead you through the emerging best practices and the current reactions to the changing landscape.

Changes in the legal, tax and regulatory landscape
Developing practices under the new Say-on-Pay regime and a proxy season wrap up
Current compensation practices, structures and levels
The role of risk management in incentive compensation
Developing best practices in executive compensation and succession planning
Corporate governance, compensation committee best practices and shareholder activism
Changing practices in employment agreements, severance and golden parachutes
New approaches in equity compensation, performance goals and clawbacks
Global regulations: structuring compensation for multinational corporations

Judges' Pet Peeves 2012: Tips From the Bench on Trial Practice

Fri, 19 Oct 2012 04:00:00 GMT

Do you wonder what the judges really think about your case? At this candid program, you will hear - directly from the judges - how they view trial practice and how lawyers can help (or sabotage) their cases.

Based on a hypothetical, a panel of state and federal court judges and attorneys will discuss:
- Appropriate civil litigation techniques, including how to build credibility with the court
- Effective pleadings
- Do’s and don’ts of motion practice
- Effective written and oral communication with the court
- Conducting discovery
- The trial
- Civility and ethics issues: suggestions for handling the “uncivil” adversary

Tax, Credit and Other Financial Consequences of Foreclosures, Short Sales and Mortgage Loan Principal Forgiveness 2012 (Free)

Wed, 24 Oct 2012 07:00:00 GMT

Attend this training to improve your ability to counsel homeowners in financial distress. The training will provide an overview of the financial issues - including tax and credit consequences - homeowners may face after a foreclosure, short sale or loan modification. Tax experts will explain the fundamentals of how cancelled mortgage debt is treated under state and federal tax law, and provide insights into changes in tax law that may take effect as early as next year. Practitioners will discuss what types of personal liability homeowners may still face following a foreclosure, short sale or deed-in-lieu, and will use case examples to illustrate the credit impact of various forms of mortgage delinquency resolution. Panelists will also outline legal strategies for addressing these issues through bankruptcy, fair debt collections and fair credit reporting claims.

The basic types of mortgage delinquency resolution, from loan modification to foreclosure
How cancellation of mortgage debt income is taxed under state and federal law
Why we may see changes in the tax law relating to cancellation of mortgage debt starting January 1, 2013, unless Congress and the President act soon
How to determine if a borrower will still face personal liability for mortgage debts after losing the home
How foreclosures, short sales and loan modifications impact a borrower’s credit score and future ability to buy another home - and how scammers often misrepresent the facts to lure in victims
Legal strategies for addressing post-foreclosure debt collection and credit reporting errors

Global Corporate Social Responsibility: Strategies and Collaborations 2012

Wed, 24 Oct 2012 04:00:00 GMT

Increasingly, in-house counsel, law firms, and NGOs are collaborating across borders on a range of corporate social responsibility initiatives, including pro bono representations to impact complex social problems. This program will address perspectives and new models for collaborations, as well as strategic alignments with private sector interests.

What is Corporate Social Responsibility (CSR) and what forms does it take?
Alignment of CSR initiatives and commercial strategies: maximizing impact and opportunity
Ethical approaches to CSR programs: rules of professional conduct and principled approaches to CSR programs

Special Feature: Earn one hour of Ethics credit!

Pocket MBA Fall 2012

Fri, 26 Oct 2012 04:00:00 GMT

An understanding of key accounting, financial and economic concepts, principles and terminology will contribute to your ability to interact with and advise your clients with their critical issues. The ability to identify and appropriately use financial and accounting information is relevant to a wide range of legal and regulatory matters for both external and in-house attorneys. Litigators and transactional attorneys alike will benefit from this practical course designed specifically for the non-accountant attorney and taught by members of the nation’s top accounting, tax and advisory firms, major alternative asset managers and investment banks and leading law firms.

Case studies will be employed throughout the program to provide you with a practical perspective on how business transactions impact financial statements and offer “hands-on” experience with performing financial ratio calculations and analysis, comparisons of different capital structures, effective use of financial statement disclosures and footnotes, legal issues and use of valuations in M&A litigation, and more.

Review and refine your knowledge and understanding of foundational finance, accounting and economics terminology and principles
Enhance your ability to “navigate” and understand the basic financial statements - the balance sheet, income statement, cash flow statement and statement of owners’ equity
Become more familiar with “core” accounting concepts like mark-to-market/fair value accounting, cash vs. accrual accounting, impairment assessments, revenue recognition, and valuation methodologies
Examine key corporate finance concepts, including financial ratios and analysis
Expand your perspective on international accounting and finance considerations

Fundamentals of Swaps & Other Derivatives 2012

Mon, 29 Oct 2012 04:00:00 GMT

Over-the-counter (OTC) derivatives are key elements in many of our financial markets. The Dodd-Frank Act is substantially changing how these important instruments are regulated and transacted. This program will introduce you to both the instruments and their new environment.

A derivative is a financial instrument that allocates the risks and price exposures associated with a designated reference asset or entity between the parties thereto. Derivatives can provide price exposure or price insulation to changes in the price or level of an open-ended range of assets or baskets of assets, including indices, stocks, interest rates, currencies, bonds, commodities, insured risks, credit risks, investment funds, property, the weather and more. Derivatives are used in an infinite variety of ways by commercial, charitable, educational and governmental entities to manage the commercial and financial risks they confront. OTC derivatives have been bilaterally traded for many years. They are now becoming subject, in some cases, to required clearing and possible exchange-type trading. An understanding of the characteristics, documentation and regulation of these instruments is the first step to effective lawyering.

At this program, our distinguished faculty will explain what OTC derivatives have been, what they are becoming and how they are documented. The faculty will also provide an overview of the new regulatory framework for OTC derivatives and OTC derivatives market participants and explain how the new regulatory framework will affect these markets and market participants.

What are OTC derivatives?
What are the basic features of fixed income, credit, equity and commodity swaps?
How are derivatives commonly traded today?
What changes in trading methods are coming?
What is the ISDA Master Agreement and how does it work?
What additional documentation is appearing in response to market changes?
How will OTC derivatives be regulated?

Intellectual Property Law Institute 2012

Tue, 30 Oct 2012 07:00:00 GMT

PLI’s Intellectual Property Law Institute is a “must-attend” program for IP lawyers. This program provides a complete analysis of key events in all areas of IP, including updates on cases, legislation and government agency developments that IP lawyers need to know.

A highlight of the program will be a panel of in-house IP counsel from prominent companies discussing the many facets of dealing with IP and related issues in a global context and suggesting some best practices and strategies. Plenary sessions will treat the issues in cloud computing; the problems associated with the large-scale acquisition of patents; the interface between copyright law and contract law; the growing conceptual tension between providers of information technology and the providers of media content; developments in trademark law; trade secret law update; and ethics for the IP lawyer (one full hour credit).

This year’s program will feature four breakout sessions, each with three current topics, that will focus respectively on copyrights, licensing, patents, and trademarks. Among the breakout topics will be a comparative discussion of IP licensing in the U.S., Asia and Europe; a discussion of revisions to the Patent Statute (the America Invents Act) after one year; recent developments in divided infringement and secondary liability for infringement; the implications of license terminations under Section 203 of the Copyright Act and the closely watched Rosetta Stone v. Google keyword case. (Webcast viewers will view the 1:30 p.m. Copyright breakout session and the 3:30 p.m. Patent breakout session.)

The latest updates in the law of patents, copyrights, trademarks, and trade secrets
Pending legislation regarding online piracy
How to purchase and manage the acquisition of patents or other IP
The proof problems in divided infringement and induced infringement
Which IP issues you can, and which you cannot, expect to control with a contract
Effective techniques for combating counterfeiting
Problems in cloud computing and how to ameliorate some of them
The latest developments in trademark law

Special Features

In-house panel providing guidance on managing IP and related issues internationally
Four separate breakout sessions
Complete overview of IP law
Earn one full hour of Ethics credit

Advanced Swaps & Other Derivatives 2012

Wed, 31 Oct 2012 04:00:00 GMT

The Dodd-Frank Act establishes a novel, comprehensive framework for the regulation of over-the-counter (OTC) derivatives and the market participants who transact in these products. The far-reaching effect of the Dodd-Frank Act upon the OTC markets is only now becoming clear.

The new regulatory regime touches the activities of all participants in the swaps markets, from end users to major swap participants to swap dealers. The new regulations will also affect a broad range of market facilities from clearinghouses to exchanges, to newly-conceived swap execution facilities and swap data repositories.

The Dodd-Frank Act imposes registration requirements, mandatory clearing and trading requirements, margin requirements, capital and business conduct standards, and transaction and position reporting, as well as limitations on swap positions.

The legislation also establishes new limitations on the scope of derivatives and proprietary trading activities that may be conducted by certain financial institutions.

At this program, our distinguished faculty will provide a comprehensive overview of the new regulatory framework for OTC derivatives and derivatives market participants, and explain how the new regulatory framework will affect these products, the structure of the market for these products and market participants. The program will also cover documentation issues, and recent developments in tax, accounting and litigation related to OTC derivatives, as well as professional responsibility issues associated with derivatives.

A comprehensive analysis of the new regulatory framework for OTC derivatives:
- Who is required to register and as what?
- How is cross-border activity covered under the new regulatory framework?
- What are the new mandatory clearing and trading requirements?
- What are the new reporting requirements?
- What are swap execution facilities?
- Who must be regulated as a swap execution facility?
- What are the new margin requirements and to whom do they apply?
- When must swap dealers be registered as futures commission merchants?
- How will banks and their affiliates be affected by new limitations on derivatives and proprietary trading activities?
- What are the new position limits applicable to OTC derivatives?
- What changes have been made to existing insolvency law?
- How will the amended federal commodity and securities laws affect brokers, advisors and funds transacting in OTC derivatives?
Significant issues relating to credit, equity and commodity derivatives
Recent litigation developments related to derivatives
Tax and accounting developments applicable to derivatives
Professional responsibility and derivatives

Representing the Games Industry Client 2012

Wed, 31 Oct 2012 07:00:00 GMT

The videogame industry has emerged as a leader in home entertainment, rivaling recorded music, television and motion pictures for the consumer entertainment mindshare. Intellectual property, including videogames, has become one of America’s leading exports in the 21st Century. The emergence of the Internet, Facebook and other social platforms and destinations, Apple iOS, Android, Windows Mobile and other digital delivery vehicles, and the explosive growth of casual and social gaming, have broadened the reach and audiences for games far beyond videogame consoles and personal computers. Any lawyer who represents creators of content, developers of technology or other intellectual property should have a basic understanding of current business and legal issues and practices in this dynamic field.

The parties to the deal - multiple interests are the norm, not the exception, in games deals
Understanding and negotiating key IP issues
Deal terms found in every developer-publisher game development negotiation
Licensing developer “tools and tech” - how far should rights granted to a game publisher extend?
Termination clauses in game development contracts - when the deal ends early
Subcontracting and outsourcing: securing sufficient IP rights from your off-shore suppliers
Monetizing games - a developer’s and a publisher’s view of the issue
Contests and promotions - what is legal and what is not?
Games of skill vs. games of chance: when are your games violating anti-gambling laws?
Privacy issues and social games: does your online privacy policy meet the latest requirements; special considerations in marketing to children (COPPA)
Data security - what is required? Making sure you’re in compliance with the law
The End User License Agreement, Terms of Service and Privacy Policy. Making all three of these legal documents work for your client’s business objectives
User-generated content: applying the DMCA “safe harbor” provisions to user-generated games content
Financing game development and distribution - methods and strategies to raise or source capital for game development and publishing
Eavesdrop on a financing negotiation between a would-be start-up and potential equity partners

Negotiating Commercial Leases: How Owners & Corporate Occupants Can Avoid Costly Errors 2012

Fri, 02 Nov 2012 07:00:00 GMT

Leases are the building blocks of value for all real estate, and whether your client is entering into a lease, acquiring a leasehold, purchasing a Ground Lease or investing in or lending on properties, knowing the “Commercial Lease” in and out is a must. Knowing the current commercial leasing market trends, hot topics and current schemes is the most important investment one can make. Leases are long-term investments and your client or company expects you to make the best deal in order to avoid unusual risks. Your client is depending on you to preserve the investment in difficult “risky” times. Knowing “what’s hot and what’s not” can help you be on the “cutting-edge” of the current market negotiations. Do you know how to negotiate true “recognition” agreements and protect the lease and all the rights under the lease from dilution of superior interests or being “wiped out” in the event of financial difficulty affecting the building or owner? Can you lead a “workout” of a troubled lease or landlord, or negotiate a lease conversion to equity and deed with purchase money financing and protecting the interest? The more favorable the lease terms for the tenant, the higher the risk of later dilution of rights, title losses or higher difficulty of “closing the lease” in the first instance. And for equity participation or ownership conversion leases, the risks of loss and needs for technical protections are paramount.

This popular program will help you to develop the bargaining and drafting expertise as well as the negotiation techniques required to avoid unnecessary risk and hidden charges, non-market limitations on company operations and costly errors, and to place your client, the owner or occupier of commercial real estate, in the most advantageous position in what is essentially one of the most challenging real estate markets in thirty years. With the market improving, now is the time to learn to how to maximize your long-term value and turn a lease into an investment.

Evaluation of the equity conversion lease transaction to ownership and the additional need of protections from “springing superior interests” and obtaining the “durable true recognition” agreement.
Addressing and mock negotiation of hot and current “big ticket” items of costs and risk in construction of the leased premises.
Discussions and practice tips on “The Troubled Lease Workout and Landlord Failures” - securing the Landlord’s performance and security for owner cash flow obligations.
Practice tips - tenant’s filing of alterations plans “triggering” violations and compliance obligations with pre-existing but deferred building, fire and safety laws.
The history and practical use of “Good-Guy/Bad-Guy” off-balance sheet guaranty - hidden backdoor liability.
Current Market Update! Ownership costs, including repair, insurance and compliance responsibilities and how to shift them back to the owners/landlords.
Hot practice tips for retail malls with low occupancy/operations levels - “take a test ride” under pre-leasing occupancy and build-out early delivery agreements.
Practical real estate transactional-based ethical considerations.

Advanced Patent Licensing 2012: Current Developments and Best Practices

Mon, 05 Nov 2012 08:00:00 GMT

In the current economy, more and more companies are seeking to monetize their patent portfolios. Thus, understanding patent transactions has never been more important. Experts in patent licensing will cover recent legal developments; techniques for drafting agreements for patent licensing, purchases and sales; and practical advice on negotiation and enforcement considerations.

Recent legal developments and practice tips
Extensive commentary from 5 leading practitioners on actual license provisions
How to discourage licensees from challenging the validity of licensed patents
New strategies in light of Quanta, MedImmune and SanDisk and their progeny
The critical differences among different types of patent transactions
Creating win/win patent licenses
Controversial provisions and how to negotiate them
Drafting to avoid unenforceable agreements
Patent and/or license enforcement considerations
U.S. vs. foreign licensing considerations
Ethical issues in licensing negotiations

Employment Law Institute 2012

Tue, 06 Nov 2012 05:00:00 GMT

PLI’s annual Employment Law Institute combines a comprehensive review of case law and regulatory developments, an in-depth analysis of emerging issues, and best practices to maximize employment law compliance, mitigate legal risk and achieve business objectives. The faculty is comprised of nationally recognized management and plaintiffs’ attorneys, in-house counsel and government enforcement agency officials who share their perspectives, insights and experiences.

The Year-in-Review: the important federal and state case law and regulatory developments
Newest developments in employment law class actions, including the latest issues on class action waivers and their enforceability
Latest wage and hour developments: substantive law and litigation
Managing leaves of absence: FMLA, military and other types of leave
The emerging law on social media in the workplace: privacy considerations and the implications of social networking sites and employee blogging
Recent developments under the ADA/ADAAA, including an analysis of the accommodation process
Employees, independent contractors and contingent workers: the developing law
Retaliation and whistleblower claims: legal and practical issues
Strategies for successful alternative dispute resolution and settlement of employment law claims
EEOC’s current focus

Broker/Dealer Regulation and Enforcement 2012

Wed, 07 Nov 2012 05:00:00 GMT

More than three years since the financial crisis erupted, there continues to be heightened regulation and enforcement of the securities laws - by the DOJ, SEC, CFTC, states and SRO’s. A number of significant rules have been promulgated in the last year to implement various provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act, enacted in 2010, while other rules have been proposed but not yet finalized. The Dodd-Frank Act, and the rules implementing it, have significant implications for broker-dealers. At the same time, substantial enforcement activity has garnered record performance metrics, including increases in the number of actions brought and sanctions imposed. Consequently, broker-dealers and their compliance and legal personnel will continue to be presented with unique challenges in the coming year. This program brings together a distinguished faculty of regulators, industry experts and leading practitioners to discuss issues that will help you keep up with the changing landscape of the business and its regulatory oversight.

What are the current regulatory issues being addressed by the regulators?
What are the current examination and enforcement priorities of the SEC, CFTC, SROs and state regulators?
How have the SEC, SROs and states fared over the past year in litigated matters?
What are the major cases impacting broker-dealers?
What are the regulatory and enforcement challenges faced by in-house lawyers and compliance officers, and what are their strategies for minimizing their firms’ regulatory exposure?

Think Like a Lawyer, Talk Like a Geek 2012: Get Fluent in Technology

Mon, 19 Nov 2012 05:00:00 GMT

For many lawyers, addressing legal issues arising from a client’s use of technology or negotiating contracts for technology services, like mobile apps, have become a routine part of daily practice. Lawyers, who often have no technical training, are required by court rules to report on their client’s technology infrastructure so that a judge may address electronic discovery issues. The rapidly changing world of technology requires that lawyers become secure in their understanding of the technology which underlies these issues.

A mastery of the technology underlying critical legal issues gives a lawyer a decided advantage in dealing with a technology-driven client and even more so in negotiating with an adversary. Deals are completed more quickly and properly cover the critical issues. Litigation is more efficient and discovery can become more focused.

This unique program is designed to give every lawyer a sound foundation in the complex technologies which shape the Internet, corporate data systems and mobile computing. It will present extraordinary sessions combining experienced technology lawyers with industry hi-tech experts. Those attending will learn the technical issues necessary to lead their clients through the minefields that are often created when technology intersects with the law. You will hear simple and direct explanations of current technologies, including: ways in which the Internet creates risks to personal privacy; the tricks hackers use to compromise corporate, government and personal data; how cloud computing works and why is it displacing the business data center; how location-based technology is changing the advertising industry; and how social networks track millions and millions of users each day.

How limitless quantities of data are stored via cloud computing
How hackers attack corporate and government data systems
Techniques for defending data systems from cyber attacks
Why the SEC is interested in disclosure of cybersecurity issues
How mobile computing creates the opportunity for location-based services and promotions
The systems behind delivery of digital media, including movies, books and music
The technology supporting a social network’s vast quantities of personal data

Nuts and Bolts of Corporate Bankruptcy 2012

Tue, 20 Nov 2012 08:00:00 GMT

Businesses in financial distress are not an unusual sight these days, and as a result, it is essential for attorneys of all levels and in all practice areas to become familiar with the fundamental tenets of bankruptcy law. Whether you are just starting out in your career, thinking about broadening your practice area to include this field, or want to be able to spot the issues when advising your clients, this program will provide you with an essential foundation. Hear from a premier faculty of experts who will arm you with the practice tips and basic concepts every bankruptcy attorney needs. Learn how to guide your clients through this complicated process, and find out what questions to ask your clients. Learn when it is time for a distressed company to consider bankruptcy and discover when reorganization is an option. This course is perfect for attorneys who want to learn or re-learn how to counsel their clients on bankruptcy issues in the most effective manner.

Overview of the bankruptcy system
The role of the debtor in possession, trustee, creditors’ committee, examiner, and chief restructuring officer
Options available to a financially troubled company
The timeline for bankruptcy filings and steps involved
Collection enforcement actions against a company that files Chapter 11
Secured claims and claim priorities
Bankruptcy and unexpired leases, executory, and other contracts
Preference and fraudulent transfer avoiding powers and how to prosecute and defend them
The Chapter 11 Plan: Drafting, solicitation and confirmation
Rights and remedies of creditors in Chapter 11 bankruptcy cases
Procedural requirements for debtors, creditors and their attorneys in bankruptcy
Bankruptcy professionals and the requirements for their employment and compensation
The company after bankruptcy
Earn one hour of Ethics credit!

Ethics and Law Department Management 2012: A View From the Inside

Tue, 20 Nov 2012 05:00:00 GMT

Join us as we examine the ethical issues confronting in-house law departments in the second decade of the 21st century. While reducing outside legal spending remains a top priority, there is now increased pressure to become more productive. With total legal spending remaining flat or slightly decreasing, more is required with less. This pressure for increased productivity can lead to failure to meet ethical and legal requirements in managing litigation, preserving documents, hiring and retaining the best legal expertise, and retaining the best outside law firms. At this exciting new program, our expert faculty of in-house counsel, related professionals, and outside counsel will share their best tips and practices for dealing with these critical issues.

The basics of law department management
Strategic planning
Working with your Board
Lines of reporting
Technology, document management, e-discovery
Onshoring/offshoring
Temporary legal staffing
Project management

Securities Regulation Institute 2012 (44th Annual)

Wed, 21 Nov 2012 05:00:00 GMT

PLI's Annual Institute on Securities Regulation has become the most highly anticipated annual review of the current state of securities, financial regulation, and corporate law and practice. We are pleased to co-chair the 44th edition of this important event, and to present you with this year’s agenda. As always, we strive to bring you the most up-to-date information in response to the many developments of the past year. We continue to see significant changes in the securities laws field - as a result of the enactment of the JOBS Act, changes to the IPO process, ongoing implementation of the Dodd-Frank Act, other developments in capital formation, governance and disclosure practices, and continued aggressive enforcement efforts. The Institute will provide you with a practical look at today’s issues and provide important information and insights that you need.

As always, the Institute's stellar faculty, from private practice, investment banking, accounting firms, the judiciary, academia and government oversight agencies, will put the developments of the past year into proper perspective and prepare you for 2013 and beyond. Panelists will share their unique insights and experiences with you and offer practical strategies and solutions in the form of best practices, that will help you perform successfully in today’s continually evolving corporate, financial and regulatory environment.

We invite you to join us in New York City for PLI’s 44th Annual Institute on Securities Regulation. If you can't attend in person, PLI will provide a Live Webcast of the Institute. Web attendees may choose between streaming audio or video and have access to the downloadable, electronic version of the Course Handbook. If you’d like to broadcast the Institute directly to your organization for group viewing, send an e-mail to the Groupcasts Department at groupcasts@pli.edu to make the arrangements.

We have no doubt that PLI's 44th Annual Institute on Securities Regulation will be the most important and comprehensive securities conference you can attend this year. We are pleased to join PLI in providing you with the best and most current content and strategies for making your practice everything it can be in the service of your clients and company. We look forward to seeing you in November.
We have structured the Institute panels to offer you the most comprehensive and practice-oriented sessions possible, focusing on the most pressing issues of the day in the most critical areas. Our goal is to assist you in making sense out of the current business and legal climate and changing regulatory environment while highlighting best practices that you can use in the service of your clients or company. We look forward to lively and informative discussions during this year's panel topics:

Day One

Jumpstarting Capital Formation - The New Legislation and Other Developments
The New IPO Process - Preparation, Execution, Completion
Update from the Division of Corporation Finance
Minding Your Knitting - Ongoing Disclosure and Compensation Challenges

Day Two

General Counsel Roundtable
Dealing with Challenging Corporate Problems - Hypothetical Scenarios
Q&A Picnic Lunch with the SEC Staff
Governance Challenges - Moving Away from “Whack-a-Mole”
The Changing World of Accounting and Auditing - No Lawyer Left Behind

Day Three

Enforcement Roundtable
Ethics: Dealing with Whistleblowers and Investigations
Private Securities Litigation
Delaware Law Matters
M&A Returns: Friendly and Unfriendly Deals

At the conclusion of each panel you will receive a list of practical take-away points that you can bring back to the office and use while guiding your clients or company through these challenging times.

10 Reasons Why You Will Absolutely Want to Attend PLI’s 44th Annual Institute on Securities 10 Regulation

1. Receive up-to-the-minute information and analysis of the current state of securities, financial regulatory, and corporate law and practice at the longest-running, highest-quality Institute anywhere, and ensure that you are equipped with the most current and practical strategies and solutions for today's most pressing issues.
2. Hear Keynote Addresses by John C. Coffee, Jr., Adolf A. Berle Professor of Law, Columbia University Law School, and Alan Murray, Deputy Managing Editor, Executive Editor, Online, The Wall Street Journal, as well as a Special Address by James R. Doty, Chairman, PCAOB, along with practically oriented presentations from an outstanding faculty of over seventy experts drawn from private practice, corporations, accounting firms, investment banking, institutional investors, the judiciary, academia and the government, including the U.S. Securities and Exchange Commission; U.S. Attorney’s Office, Southern District of New York; Public Company Accounting Oversight Board; Delaware Court of Chancery; and Delaware Supreme Court.
3. Get information you can use. Hear practical commentary from the panels, and receive a list of take-away best practices at the conclusion of each panel that you can use as a reference and implement in your daily practice.
4. Increase your value as an adviser, no matter what your practice level: Whether you are an associate, senior partner, general counsel, or in-house practitioner, this Institute will offer you the information you won’t get anywhere else.
5. Ask your most pressing questions and receive answers from senior staff of the Securities and Exchange Commission’s Division of Corporation Finance at the annual Q&A Picnic Lunch on Day Two of the Institute.
6. Stay up-to-date with topical panels, including several new sessions: Jumpstarting Capital Formation - The New Legislation and Other Developments; The New IPO Process - Preparation, Execution, Completion; Ethics - Dealing with Whistleblowers and Investigations
7. Get the important in-house perspective during the panel sessions, including the General Counsel Roundtable. Hear from a diverse group of companies throughout the program, including: American Express Company; Avon Products, Inc.; Bank of America Merrill Lynch; Deutsche Bank; Fusion-io; General Electric Company; Morgan Stanley; Pfizer Inc.; and TIAA-CREF.
8. Receive a two-volume reference guide and booklet of best practices on securities and corporate law issues, “dense with useful information,” that you will refer to throughout the year.
9. For those attending in person, the opportunity to network with over a thousand of your colleagues from the finest firms and corporations nationwide and receive CLE, CPE and CPD credit for your attendance (including two hours of ethics CLE credit!)
10. Satisfaction Guaranteed: If you are not completely satisfied with the return on your investment, your money will be refunded in full.

California Guardianship Law 2012

Wed, 21 Nov 2012 08:00:00 GMT

Learn the basics of guardianship law and procedure so that you can competently represent a child or adult petitioner in establishing a guardianship of the person. This program will teach you how to represent parties in both uncontested and contested guardianship proceedings. There will also be a discussion regarding referrals to Juvenile Dependency Court under Probate Code 1513(c), including recent case law and proposed legislative changes.

Guardianship of the Person Law and Procedure
Alternatives to Guardianship
Public Benefits for Guardians
The Relationship Between Probate Court, Family Court, and Dependency
Judicial Counsel Forms Used for Guardianship of the Person
Guardianship Notice Requirements
Guardianship Investigations
Contested Matters & Trials
Referrals under Probate Code 1513(c)
Special Cases - Joint Guardianship & Special Immigrant Juvenile Status
Post Guardianship Issues - Moving Out of State, Terminating Guardianship, Resignation, and Modifying Visitation

Commercial Real Estate Institute 2012 (14th Annual)

Fri, 23 Nov 2012 08:00:00 GMT

As commercial real estate slowly recovers from the recession, practitioners will need a broad skill set to achieve and maintain a viable real estate practice. This program helps practicing attorneys enhance traditional transactional skills, and develop workout and enforcement skills, so that they can help their clients regain their footing more quickly.

Negotiating purchases and sales, and closing complex commercial transactions, in this environment
Dealing with more cautious lenders, and finding the right lending balance, including a mock negotiation
Real estate litigation in a nutshell: a toolkit for transactional lawyers
Issues in availability of title coverage in a more consolidated title industry
Property and liability insurance coverage and risk management
Cutting-edge commercial leasing tips from both landlord and tenant perspectives
What you and your clients need to know about commercial bankruptcy

Plus

Greening leases, integrated project delivery construction contracts, and much more practical advice from experienced attorneys in the nation’s leading law firms!
A discussion of ethical issues facing real estate attorneys

Tracking and Targeting Customers and Prospects Online, on Mobile Devices, and in Social Media 2012

Tue, 27 Nov 2012 08:00:00 GMT

Tracking consumers online is both standard and controversial. Nearly every consumer-facing website and app collects and uses this type of data, and there are hundreds of vendors out there to assist them. As technology has advanced, so have the business models. The data collected - often just anonymous unique identifiers and segments of potential interest - are used for advertising, personalized content, and analytics and site optimization. However, with all of this advancement and revenue at hand - online and mobile advertising alone was an $8.4 billion dollar industry in the first quarter of 2012, up 15% from the same period in 2011, with social media ad spending expected to reach $4.8 billion in 2012 - brands and their vendors are operating in an area of regulatory uncertainty. The FTC has proposed best practices, but sued those that have stepped over the line; the press has called out companies for data uses that they may not have considered to be improper; class action lawyers are as active as they have been in over ten years; and regulators around the world are looking to apply new standards to traditional tools like cookies.

Please join us as leading practitioners and industry experts explore the cutting-edge legal concerns in online tracking and targeting. What are the regulators around the world calling for? How is the market reacting? What are common practices and what are outliers? What are class action lawyers looking for? What kinds of issues interest the press? And by the way, how does all of this work? Ultimately, how can companies protect their brands while taking advantage of some of the most common tools available? How can brands adopt new business models that emerge like dandelions and promise more revenue and better consumer engagement?

How it works: the mechanics of advertising online, on mobile devices, in apps, and on social media sites
Special issues for social media, including the use of plug-ins, apps on social media platforms, advertising on social media sites, and understanding and complying with the latest social media and mobile platform terms and rules
Self-regulation in the online, mobile, and social media environments - recent developments and practical tips
Fact patterns that have resulted in bad PR, government enforcement, and private litigation
How regulators around the world are addressing tracking and targeting
Practical tips for handling real-world issues

Whistleblowers and the False Claims Act 2012: What You Need to Know

Wed, 28 Nov 2012 08:00:00 GMT

Companies doing business with all levels of government face increasing exposure under federal and state False Claims Acts (FCAs). Company whistleblowers are filing record numbers of new FCA cases, and the U.S. Department of Justice and state Attorney Generals are ramping-up fraud investigations and prosecutions nationwide. Taught by a panel of experienced FCA practitioners including prosecutors, whistleblowers' counsel, defense counsel and in-house counsel, this half-day conference will cover key trends in government FCA enforcement and whistleblower actions. Panelists will discuss important developments in FCA enforcement from various perspectives, such as crafting corporate compliance plans to limit FCA liability, interacting with government prosecutors and agents during FCA investigations, whether to make voluntary disclosures and cooperate with the government, navigating the intricacies of settlement with the government, and recent developments in FCA jurisprudence that impact companies.

FCA Overview: Liability, Defenses and Qui Tam Actions
State FCAs: Companies Face Expanding Liability
Dealing with the Government: Key Decision Points
Settlement: Options and Strategies
Recent FCA Developments: Legal Trends Impacting Corporate Liability
Prescription for Limiting FCA Exposure: Comprehensive Compliance and Ethics Programs

Bridge-the-Gap: Basic Skills for Newly Admitted Illinois Attorneys 2012

Thu, 29 Nov 2012 06:00:00 GMT

Taught by a faculty of expert practitioners from varied practice areas, this program will help you to “bridge the gap” between your law school education and the real world skills and knowledge needed for success in law. Topics have been selected for their relevance and importance to legal practice, and to enable attendees to complete their first year Minimum Continuing Legal Education Basic Skills requirements for newly admitted attorneys admitted after October 1, 2011, including six hours of professional responsibility credit.

Practice Techniques and Procedures under the Illinois Rules of Professional Conduct
Professionalism and Civility in Legal Practice
Attorney-Client Privilege and Work Product Issues
Effective Client Communications
Time Management and Record Keeping Skills
Pro Bono and Volunteerism

Communications Law in the Digital Age 2012

Fri, 30 Nov 2012 05:00:00 GMT

The world of communications and media law is robust with change, and this program, long recognized as the most comprehensive in its field, will highlight the hottest issues and case law in media, digital communications, intellectual property and privacy law. Reflecting an increased focus on the legal ramifications of an increasingly digital media environment, the program features a remarkable faculty comprising the country’s leading practitioners and in-house First Amendment and media law counsel. Providing you with the strategic and practical knowledge needed to keep apace in this constantly changing practice area, this program is not to be missed.

Regulatory initiatives in privacy and data protection, both in the U.S. and abroad
First Amendment issues arising in the context of the Internet, other digital speech, and traditional media
Reporters privilege and media liability updates
Hot topics in intellectual property practice
Essential updates regarding the right of publicity
New Topic! Social media issues for the communications lawyer

Special Feature

Earn one full hour of ethics credit! Lunch will be provided prior to the presentation.

Immigration & Naturalization Institute 2012 (45th Annual)

Tue, 04 Dec 2012 05:00:00 GMT

This year’s program will examine key immigration trends and hot topics for 2012. You will hear from Washington insiders about what is likely to happen with immigration legislation during this election year. Will anything move on bills eliminating the per-country limit for employment-based cases, or increasing immigration opportunities for high-skilled workers? Will the Obama Administration’s recent actions on business immigration make a difference? Will adjudications at the agencies become more restrictive if we have a new Administration? What can we expect from the Department of Labor - more supervised recruitment, fees, etc.? What can employers expect with regard to ICE enforcement and Fraud Detection and National Security (FDNS) activity during the election year - and if there is a change in administration?

Join us at this year’s Institute to hear an outstanding faculty of top-level government officials, along with leading practitioners in the field, to discuss recent reforms and developments that impact your practice. Topics will include new immigration initiatives in Washington and around the country, immigrant and nonimmigrant processing issues, and new laws and policies related to enforcement.

Legislative update - the evolving efforts at immigration reform: what happens next?
L-1B adjudications at USCIS and the Department of State - will stakeholder input help?
Trends in U.S. Citizenship and Immigration Services Adjudication - for better, for worse
H-1B cap analysis for FY 13, and a look forward to FY 14
PERM adjudication - where is it moving - what triggers audits and supervised recruitment?
State legislation, E-Verify changes, employer sanctions and interior enforcement - are there 4th Amendment issues?
The President’s initiative on “DREAMERS”

Trial by Jury 2012

Wed, 12 Dec 2012 05:00:00 GMT

At this unique and popular program, the masters of the bar and the bench come together to give you their valuable insights on jury trials. There is no better way to learn about jury trials than from the attorneys who try the nation’s most important cases and the judges who preside over them. We have assembled the most experienced and respected state and federal judges, as well as many distinguished litigators, to give you their perspectives on jury trials.

Whether you are just embarking on a career as a trial attorney or are very familiar with the inside of a courtroom, this course will give you unique insights into jury trials and the best way to handle them, from opening statements through closing arguments. Our stellar faculty will provide you with proven strategies and tools to successfully handle every phase of a jury case.
Join the masters of the courtroom to learn about:

Selecting the best possible jury for your case
Delivering a persuasive opening statement
Communicating your strongest case through effective direct examination
Conducting a successful cross-examination
Making a compelling closing argument
Addressing the ethical issues that arise during jury trials

Advanced Compliance and Ethics Workshop 2012

Thu, 13 Dec 2012 08:00:00 GMT

Never in the history of criminal or corporate law has the existence of an effective compliance and ethics program been more valuable to an organization. The enormity of recent criminal fines, the aggressive enforcement of criminal laws against organizations, the extent to which criminal authorities around the world are working together, the risks of civil liability, and the startling speed of communication and the attendant transparency of corporate conduct have together created an environment where the misconduct of employees is more harmful to organizations than ever before. Compliance and ethics programs have become a necessary tool to manage the substantial risks posed by employee misconduct and to assist organizations in grappling with violations when they occur.

Of course, economic conditions continue to create a host of challenges for compliance programs, but they have not diminished government expectations. Indeed, at no time has promoting and maintaining an ethical corporate culture been as challenging and as essential for a company’s survival and success as it is today. At the Advanced Compliance and Ethics Workshop, a distinguished faculty, drawn from major corporations, ethics organizations, law firms, academia, and the government, will give you the tools you need to advance an effective compliance and ethics program. The leading experts in the field will discuss current developments, heightened standards, and practical tips on how to ensure that your company’s compliance and ethics program satisfies the rigorous new standards. Learn about the latest and greatest in the areas of risk assessment, program structure and management, compliance and ethics training and other communications, auditing and monitoring, helpline procedures and implementation, and how to keep senior management and the board informed about and supportive of the program.

Measuring the health of your program: ways to give your program a check-up
How to satisfy the revisions to the Sentencing Guidelines’ definition of an effective compliance and ethics program
Implications of the whistleblower provisions of the Dodd-Frank Act
The UK Bribery Act, the OECD’s compliance program guidance and other critical international developments
Recent developments in compliance and ethics, including Delaware case law on the Board’s duties of oversight and higher expectations for reporting on and documenting your program
Do more with less - adding value to your program despite budgetary constraints
How to conduct and design compliance risk assessments to obtain the most valuable information
Creating a training and communications strategy that meets your organization’s needs but doesn’t break your budget
How to perform effective compliance audits

New Developments in Securitization 2012

Fri, 14 Dec 2012 05:00:00 GMT

As the securitization world begins to emerge from the financial crisis, it faces an onslaught of new regulation and uncertainty. Many transactions have been downgraded and have suffered unforeseeable losses. Additionally, investor confidence in structured products has been badly shaken. Moreover, many transactions have been subject to restructurings and litigation of various types. Will these reforms be sufficient to restore investor confidence?

At this program, you will receive an intensive and comprehensive introduction and update on what solutions are being pursued in the market and what legislative and regulatory actions and initiatives are underway.

Learn about new legislative and regulatory developments:
- Financial regulatory, securitization and derivatives reform, including Dodd-Frank implementation and rulemaking, and Reg AB II
- FDIC securitization safe harbor reforms
- FAS 166/167 and other accounting changes
- The impact of Basel III
- Rating agency reform; changes in rating agency criteria
- Structured products litigation update
Learn about solutions being pursued in the market and new areas of opportunity:
- Resurgent asset classes and related opportunities
- Vehicle restructurings
- Other financing options
- Resolving disputes between classes of the same issue
- Government sponsored and esoteric ABS

PLI's California MCLE Marathon 2012: Current Developments in Legal Ethics - Substance Abuse - Elimination of Bias in the Profession

Mon, 17 Dec 2012 08:00:00 GMT

Satisfy all of California’s MCLE special requirements at this fast-paced and up-to-the-minute program. If your last name begins with a letter from A through G, your MCLE compliance deadline of February 1, 2013 is fast approaching.

The MCLE Marathon, taught by a faculty of outstanding California lawyers and other professionals who are recognized leaders in their field, will conveniently provide all of the California required-subjects that you need:

4 hours of legal ethics
1 hour of prevention, detection and treatment of substance abuse or mental illness that impairs professional competence
1 hour of elimination of bias in the legal profession

You can access the live webcast from your home or office computer and still receive participatory credit. Or, you can schedule a groupcast in your office to make the MCLE required subjects credit available to all your attorneys facing the deadline. If you need more credits to meet your 25-hour total by the deadline, go to www.pli.edu for a full list of upcoming live and On-Demand web programs. Both live and On-Demand web programs qualify for participatory MCLE credit.

How to overcome new challenges in protecting privilege and confidentiality
Strategies to resolve conflicting ethical responsibilities of various jurisdictions
Master recent developments in the law governing attorneys
Techniques to recognize and deal with stress & substance abuse in the legal profession
Opportunities to eliminate bias in the legal profession

Advanced Venture Capital 2012

Tue, 18 Dec 2012 08:00:00 GMT

Understanding current market practice, deal terms and conditions, transaction documents and applicable securities, tax and ethical issues is critical in the venture capital business.

Secondary funds, investment structures and private company trading markets
Corporate governance for venture-backed companies
Corporate investments - M&A rights and other issues
The hottest industries attracting foreign direct investment in Brazil
Exiting venture capital investments

Annual Disclosure Documents 2012: Preparation of Disclosure Documents, Annual Meeting and Regulatory Developments

Tue, 18 Dec 2012 05:00:00 GMT

Stay current on disclosure requirements and developments affecting annual disclosure documents and proxy soliciting materials prepared by SEC reporting companies. Hear from the SEC staff and our faculty who will focus on current “hot issues,” best practices and practical pointers. 2012 appears headed towards being another interesting year with significant events and uncertainties covering a wide spectrum of matters affecting public company disclosures - including, for example, the JOBS Act; the Dodd-Frank Act mandated rulemaking by the SEC (in particular executive compensation, compensation committees and advisers, conflict minerals and government payments by companies in resource extractive industries); domestic and international economic, political and regulatory uncertainties and developments; and cybersecurity, weather trends, and the continuing convergence towards a global accounting standard. Ethics and whistleblower developments impose even further challenges on both in-house and outside counsel. Our faculty will discuss key areas of staff comment, staff review priorities and interpretations, disclosure drivers and best practices, and “must know” accounting developments affecting financial disclosures documents.

Disclosure practices and developments, including under the JOBS Act; recent judicial decisions; and staff comments, views and guidance
Practical how-to guidance on drafting annual disclosure and proxy documents
Updates on current executive compensation disclosures, requirements and practices
Practical guidance on holding a successful annual meeting and interfacing with shareholders
Review of the 2012 shareholder proposal season; what to expect for 2013
Developments on use of social media

Open Source and Free Software 2012: Benefits, Risks and Challenges

Wed, 19 Dec 2012 08:00:00 GMT

Continuous changes in the legal and technical landscape make it critical for IP, technology and business lawyers to keep abreast of the legal and technical issues presented by the open source paradigm. “Open source” software, which is freely available in the form of operating systems, applications, utility code and programming tools, presents an attractive option. However, use of such software can also expose a company to unexpected and unacceptable obligation and risk, depending on the terms of the license that governs its use and distribution. Some companies have discovered that their programmers’ or suppliers’ use of open source material has placed their own intellectual property assets at risk. Parties to commercial transactions, including financings and corporate acquisitions, have discovered that fundamental assumptions about the value proposition of their deal are materially affected by the use of open source software in the acquisition partner’s product development. This program will address the critical issues that IP, technology and business lawyers need to consider in today’s economy. Armed with this information, you will be better able to help your clients make intelligent choices and decisions about how to take advantage of the benefits and manage the risks presented by open source software.

What is open source software? Why it is so important?
Understand open source licenses in the context of real life issues
Get guidance on how to analyze an open source license and its key provisions
Learn about patents and standards in an open source world
Navigate new business models based on open source software
Get guidelines for effective open source development business practices
Receive best practices for product development and software asset acquisition

Banking Law Institute 2012

Wed, 19 Dec 2012 05:00:00 GMT

The banking industry is in the midst of a fundamental transformation of the regulatory framework in which it operates, as well as a shifting of regulatory and enforcement priorities and approaches. These changes, taking place in an environment of continuing global economic challenges, require bankers and counsel who practice in the financial services industry to reexamine basic assumptions about business operations and future trends. With changing regulations on every subject from capital and liquidity to executive compensation, and new and existing agencies refocusing their enforcement priorities, it is critical that financial industry participants understand the sweeping new rules and enforcement priorities that will shape the future of the industry.

At this year’s Banking Law Institute, our expert faculty will provide you with a comprehensive overview of the developing regulatory framework as well as the significant operational and compliance issues facing industry participants and regulators, and provide insight into the future direction and challenges of the new legal and regulatory environment.

Explore key issues and implications of the new rulemakings
Hear how industry players are changing their operations in response to current and anticipated regulatory developments
Survey the changing landscape of M&A in the post-reform era
Understand the scope and focus of likely rulemakings and enforcement priorities of the Consumer Financial
Protection Bureau (CFPB) and the other agencies
Examine important changes to capital requirements

Conflict Minerals 2012: How to Comply with the New SEC Rules

Fri, 21 Dec 2012 05:00:00 GMT

The conflict minerals rules adopted under the Dodd-Frank Act will be in place by January 1, 2013. New procedures need to be taken to comply with the rules. Are you prepared to comply? Have you properly determined if your products contain conflict minerals? Do you know the procedures you need to undertake to comply?

Currently many companies are trying to assess whether the rules apply to their products and, if so, how the company should comply with these rules. These questions and many more will be addressed at this unique conference.

Learn whether you are subject to the conflict mineral rules
Find out how to determine if your products contain conflict minerals
Understand how to comply with the conflict mineral rules
Find out best practices with respect to disclosure

Understanding the Intellectual Property License 2012

Mon, 24 Dec 2012 08:00:00 GMT

Licensing offers valuable economic and strategic opportunities. Companies are increasingly turning to licensing to gain access to intellectual property at a lower cost than developing or purchasing intellectual property assets, and as a way of generating new sources of revenue out of existing intellectual property assets. Virtually every business today must confront licensing issues. A solid base of knowledge about licensing of intellectual property has never been more important for companies and their counsel. This introductory course will give you an overview of how to negotiate and draft effective license agreements, whether you are the licensor or licensee. Experts in licensing will discuss different kinds of licensing agreements, and the business and legal issues related to them.

Negotiating tips and effective drafting techniques
How licensing can generate new revenue
Important differences between patent and other technology licenses
Fundamentals of trademark and copyright licensing
Key software and open source licensing concepts and terms
Rights of publicity and entertainment-related licensing
International considerations, including enforcement and protection of rights
Identifying and avoiding antitrust problems
Managing bankruptcy and insolvency risks in IP licenses
Hear from a litigator what happens when the agreement has to be enforced
Regulatory and government issues to consider

Special Features

One full hour of Ethics credit
Mock negotiation of a license agreement

Representing Tenants in Unlawful Detainer Actions in San Francisco 2012 (Free)

Thu, 27 Dec 2012 08:00:00 GMT

For low-income families who often do not have the benefit of legal counsel, eviction can mean homelessness. Most are unrepresented. Won’t you volunteer to help those in our community who are most vulnerable? Get the legal training you need at this half-day program and then sign up with The Volunteer Legal Services Program of The Bar Association of San Francisco and make a difference.

The several types of housing and rent ordinances
The various defenses that may be available in the Unlawful Detainer action
How to use discovery in Unlawful Detainer actions
An inside view of the settlement conference
How to prepare and conduct the trial

Understanding the Securities Laws 2012

Thu, 27 Dec 2012 05:00:00 GMT

Whether you are new to the field or seeking a quick refresher or an update, this is a securities law primer that you won’t want to miss. This program will provide an overview and discussion of the basic aspects of the U.S. federal securities laws by leading in-house and law firm practitioners and key SEC representatives. Emphasis will be placed on the interplay among the Securities Act of 1933 and the Securities Exchange Act of 1934 and related SEC regulations; how those laws were affected by the Sarbanes-Oxley Act, the Dodd-Frank Act, and the controversial Jumpstart Our Business Startups (“JOBS”) Act, which created the concept of “emerging growth companies”; and on how securities lawyers can solve practical problems that arise under those laws in the contexts of public and private offerings, SEC reporting, mergers and acquisitions, and other common corporate transactions.

Overview of the integrated disclosure system and the regulatory scheme as a whole, including annual reporting obligations and common triggers of the “duty to disclose”
Registering securities under the Securities Act and exemptions from registration, including recent and proposed changes resulting from the JOBS Act
Reporting under the Exchange Act on Forms 10-K, 10-Q and 8-K, and how the JOBS Act changes that
Regulation of proxy solicitations, including recent rule changes and scaled executive compensation disclosure for “emerging growth companies”
Securities issues confronting corporate “insiders,” including Section 16 reporting and liability, and guidance regarding 10b5-1 trading plans
Liability for securities law violations, including insider trading
Derivatives and structured products: the basics
Securities law issues triggered by M&A and other common corporate transactions
Other public company disclosure issues

Special Feature: Earn up to one full hour of Ethics credit

Nonprofit Organizations 2012: Governance, Compensation, and Form 990 Reporting Issues

Fri, 28 Dec 2012 05:00:00 GMT

Nonprofit organizations today face greater scrutiny and complex regulatory guidelines. Nonprofit Organizations 2012: Governance, Compensation, and Form 990 Reporting Issues will bring you up-to-date on the latest developments and unique financial and regulatory issues that impact the nonprofit sector.

Treatment of Endowment Funds under UPMIFA
Reporting of Related Party Transactions
Recent Reporting Updates on the Form 990
Rules and Practices Applicable to Executive Compensation - Federal and State Statutory and Regulatory Framework
Nonprofit Governance Basics, Recent Developments, and Best Practices

Ethics for Corporate Lawyers 2012

Mon, 31 Dec 2012 05:00:00 GMT

When participation in Joint Defense Agreements can lead to disqualification
Limits on assisting clients communicating with adverse parties
The propriety of copying opposing parties on lawyer communications
Problems with representation of third party witnesses
Use of client’s employees’ confidential emails
Obligations when in the receipt of inadvertently produced information
Whether lawyers may use social media to collect information for their clients

Staying Out of Trouble: What Every Attorney Must Know About Ethics 2012

Mon, 31 Dec 2012 05:00:00 GMT

At this year’s program, our expert faculty will examine unexpected actions against law firms (excluding malpractice actions), and law firm risk management issues.

Developments on fraud, breach of fiduciary duty, RICO and aiding and abetting lawsuits against law firms
Risk management issues:
- Privilege
- Fees
- Conflicts

Special Feature

Earn three hours of Ethics credit!

Ethical Issues in Pro Bono Representation 2012 (FREE)

Tue, 01 Jan 2013 05:00:00 GMT

Using a lively, interactive format, Ethical Issues in Pro Bono Representation 2012 will examine recent developments and on-going issues in ethics and professional responsibility arising out of pro bono and public interest practice.

Within the context of pro bono representation, using “all-new” hypotheticals as the basis for discussion, this program will review issues and new developments concerning:

The attorney-client relationship; beginning and ending the relationship and determining the scope of representation
Client identity and third party involvement
Client misconduct
Confidentiality, conflicts of interest and privilege - recent developments
Dealing with pro se adversaries and other third parties
Representing clients with diminished capacity
Ethical issues faced by firm and in-house counsel undertaking pro bono activities

Health Care and Life Sciences Law 2012

Wed, 02 Jan 2013 05:00:00 GMT

Join our expert faculty of attorneys representing the health care and life sciences industries, government regulators, and policy makers as we examine the current state of health care and life sciences law and what the future might hold. This program will cover the broad range of issues confronting you and your clients today: structuring compliant relationships with health care providers and clinical investigators; promotional guidelines affecting FDA-regulated products; trends in government investigations; compliance with fraud and abuse laws, including the federal False Claims Act, Anti-Kickback Statute. Plus an examination of the Supreme Court’s ruling on the constitutionality of health care reform legislation.

Distinction between scientific discourse and off-label promotion
Emerging legal issues related to the Internet and other social media in the health care industry context
The Physician Payment Sunshine Act and similar state laws
Compliance program best practices
Legal and ethical issues in clinical research
Health care reform: what’s next?

Drafting and Negotiating Corporate Agreements 2013

Wed, 16 Jan 2013 05:00:00 GMT

At this perennial favorite, our expert faculty will teach you the basics of drafting and negotiating corporate agreements - from how the provisions of an agreement fit together, to the fundamental drafting and negotiating principles common to all corporate agreements. You will learn how to reduce your client’s goals to a complete, clearly written and enforceable agreement, and how to identify what issues are most likely to come up in a negotiation of that agreement. You will gain an understanding of why and where the tough issues usually arise during the drafting phase, as well as what you can do to effectively, and creatively, solve those issues - and thereby free yourself from a dependency on forms. Plus you will obtain a litigator’s perspective on how to draft contracts with enforcement in mind, and learn about common ethical issues in drafting corporate agreements. This program is essential for practitioners who draft agreements in complex business transactions.

Key terms of standard transactional agreements and how they are organized
When and how to use letters of intent, confidentiality and standstill agreements
The wide range of M&A agreements, both public and private
Special agreements including equity, and employment (SF & CHI) and credit/indenture (NYC) agreements
The importance of boilerplate to the enforcement of contracts, from a litigator’s perspective
Common ethical errors in contracts

Understanding Financial Products 2013

Tue, 22 Jan 2013 05:00:00 GMT

The explosion of new financial products over the past decade, the implosion of the credit markets and the resulting significant new regulatory requirements underline the importance of a basic understanding of financial products. While these instruments have been, in the view of many, invaluable investment tools, and have presented enormous potential for product manufacturers and investors, they also create potentially significant legal risks and challenges for their promoters, users, legal counsel and regulators. This seminar is designed as a hands-on learning tool to explain the fundamentals that you need to know when dealing with the more common financial investment products in the marketplace today.

Learn how mutual funds and similar products are structured and distributed
Explore how hedge funds and other private funds are structured and operated following the controversial JOBS Act and in light of government enforcement agencies’ efforts surrounding them
Evaluate universal life insurance, variable insurance products, guarantees and life settlements
Discuss flow-through entities, including BDCs and similar vehicles
Gain an understanding of the effects of the credit crisis on securitized products
Analyze the mortgage market since the financial crisis, including the role of Fannie Mae, Freddie Mac and the FHA, and the emergence of covered bonds as a financial product
Gain insight into the use of swaps, collars, options, futures and forwards to hedge portfolio positions

Special Feature

Earn one full hour of Ethics credit exploring special responsibilities of counsel: delivery of legal opinions, responses to auditors, attorney reporting requirements and more.

Secured Transactions 2013: What Lawyers Need to Know About UCC Article 9

Wed, 23 Jan 2013 05:00:00 GMT

Article 9 of the Uniform Commercial Code applies to secured transactions, which are interests in specific collateral granted by the debtor in conjunction with the debtor’s promise to pay. At Secured Transactions 2013: What Lawyers Need to Know About UCC Article 9, you will learn the fundamentals of acquiring a security interest, including how to attach, to perfect (filing and non-filing methods) and to gain (and maintain) priority in the collateral of your choice. You will learn how to secure the most common forms of collateral, as well as how to perfect a security interest in some uncommon forms of collateral. In addition, our expert faculty of UCC practitioners will cover the basics of drafting the security agreement, and common default and enforcement issues, including protecting your security interest from the bankruptcy trustee. Plus you will hear about emerging topics: the proposed revisions to Article 9 and recent case law.

Where to file
How to describe the collateral
Determining the debtor’s name
How to categorize collateral
Techniques for drafting the security agreement
Is perfection by filing the best method?
How to perfect a security interest in a securities account and a deposit account
What are the non-temporal priorities, and why do they matter?
How do you know that the security interest has attached?
How to perfect in assets commonly held by individuals
How to comply with the default enforcement rules
What is the difference between a public and private sale?
When can the secured creditor buy in at the sale?
Forthcoming changes to Article 9 - what you need to know
How bankruptcy can affect your lien

Real Estate M&A and REIT Transactions 2013

Thu, 24 Jan 2013 05:00:00 GMT

Do you know the best negotiating strategies in the current real estate M&A market? What are the “hot buttons” for seller, buyer and lender requirements, in the board room, the courts and with the SEC? What are the factors and legal issues you should analyze with respect to investing in distressed situations? How do the nature and ownership of the entity, and the characteristics of its property and the structuring of the acquisition fit with the current underwriting criteria of lenders? Which provisions in a merger agreement are critical, and which ones are just nice to have? How do you manage your financing sources and your contractual obligations? This one-of-a-kind program will give you the answers to key questions such as these, plus offer a focus on workouts, both before and after the occurrence of the default, as well as look at the sources and the manner in which these deals are being recapitalized. Some of the best transactional lawyers in the country will be on hand to give you cutting-edge tips for our ever-changing marketplace. Make the most of this unique opportunity.

How to structure, negotiate and close M&A transactions in the REIT sector
How to reconcile the interests of the many constituencies in REIT M&A
How to evaluate and address SEC developments relating to the REIT capital markets
How to address complex tax issues that are critical to an understanding of REIT M&A transactions
How to access REIT equity markets and what to expect during the registration process
How to address ownership restrictions, UPREIT structures, cross-border complexities and antitrust concerns when buying or selling a REIT

Ethics for the Negotiating Lawyer 2013

Fri, 25 Jan 2013 05:00:00 GMT

Ethics rules that govern behavior in negotiation, including:

When is it permissible to communicate with adverse clients, directly or indirectly?
What exposure does counsel have for participating in the negotiation and execution of contracts containing express or implied misrepresentations?
Protecting sensitive information and responding to opponent’s probes for sensitive information
Cross-border negotiation rules

Presentation Skills for Attorneys 2013

Fri, 25 Jan 2013 05:00:00 GMT

Good presentation skills are important for all lawyers, whether speaking with partners and clients, making a pitch to potential new clients, or addressing a courtroom. At this two-hour program, taught by a former practicing lawyer and one of the nation’s leading trainers, you will learn, and have the opportunity to practice, techniques that will immediately improve your presentation skills.

Master effective physical delivery skills (eye contact, body language, voice, gesturing)
Control the anxiety associated with public speaking
Effectively use notes to assist you in your presentation
Organize your presentation to better communicate with your audience
Handle difficult questions with confidence and ease

Several times during the program, attendees will partner with another program attendee to practice and reinforce their new presentation skills.

Basic Negotiation Skills 2013

Mon, 28 Jan 2013 08:00:00 GMT

Negotiation is part of any lawyer’s everyday life. You negotiate with colleagues, clients, and staff about an array of issues, ranging from simple project deadlines to complex contractual language. This program is designed to help you gain confidence in every negotiation you conduct. The panelists represent academicians, sole practitioners, and members of leading local law firms.

How to follow the six steps of a successful negotiation
Organizing a strategy before, during and after a negotiation
Identifying the three types of negotiations and when to use each
Creating and using currencies during a negotiation
Bargaining and offering concessions effectively
Preparing tactics and avoiding ploys during a negotiation

Taxation of Financial Products and Transactions 2013

Wed, 30 Jan 2013 05:00:00 GMT

With implementation of the Dodd-Frank Act well underway, and judicial and administrative scrutiny remaining at a high level, it is important to stay on top of the latest developments in the fast changing area of financial products and transactions. At this program, a standout group of law firm and accounting firm lawyers, in-house tax advisors, and government speakers will explore new and old topics in financial transactions.

All you need to know about the tax issues arising out of hedges of transactions in nonfunctional currency
The major differences between the proposed regulations governing noncompensatory options over partnership interests and the (anticipated) final regulations, as well as some insights into planning opportunities that may exist
How the tough issues raised by the proposed regulations under section 871(m) were resolved in the (anticipated) final regulations
How to recognize and deal with financial transactions that arise in mergers and acquisitions transactions
Important tax planning issues for hedge and private equity fund managers
Tax issues arising in the structuring of investment in master limited partnership interests, including derivative investments

Mergers & Acquisitions 2013: Trends and Developments

Fri, 01 Feb 2013 05:00:00 GMT

A number of factors have combined to reinvigorate the environment for mergers and acquisitions. High corporate cash balances, unutilized private equity commitments and low interest rates have made capital plentiful for acquisitions. The challenges faced by strategic acquirors in growing organically, the pressure on private equity funds to spend their available capital, and the increased appetite of foreign buyers have fueled the demand for quality acquisition targets. Regulatory changes that have encouraged divestitures in some industries, the pressure on distressed companies to sell, and the continued growth in developing markets have each contributed to the supply of quality acquisition targets. This program is designed to bring the M&A practitioner up to speed on the latest trends in doing deals. A team of top industry professionals will walk you through each step in structuring, negotiating and consummating a transaction.

How to structure an acquisition, including tax considerations
The latest trends in deal protection, financing conditions and “MAC” outs, including the impact of recent Delaware decisions
The increasing role of reverse break-up fees
The impact on deals of foreign buyers and strategic buyers
Financing trends, including the rate environment, Dodd-Frank impact, and “covenant lite” availability
What to look for in due diligence
The impact of the Martin Marietta decision on confidentiality agreement negotiations
The impact of recent Delaware decisions on settlement of strike suits and investment banker conflicts
How to advise a board of directors
The latest developments in public disclosure requirements affecting the deal environment
How to navigate the regulatory landscape
Financing commitment letter issues, including SunGard provisions
How to draft and negotiate the purchase agreement and financing agreements
Special areas to watch out for, such as ethical issues, environmental issues and antitrust issues
How to play in an auction
The role of “go shop” provisions
Special provisions in the purchase agreement and much, much more . . .

Defending Privacy and Behavioral Advertising Class Action Suits 2013: What Every Litigator and In-House Lawyer Needs to Know

Tue, 05 Feb 2013 08:00:00 GMT

Over the past two years there has been an explosion of new lawsuits filed focused on the alleged disclosure of identifying information in connection with the use of social networks, social gaming, mobile phones, apps, and other mobile and web-based technologies and in connection with behavioral advertising and the use of pixels, beacons, cookies and other persistent identifiers. Like patent troll suits and stock drop cases, being sued for perceived data privacy violations increasingly is starting to look like a cost of doing business in the digital economy.

While some cases have settled on lucrative terms, a number have been dismissed or dropped because plaintiffs cannot show damage or injury.

Many of the suits appear to be focused on trial by publicity, rather than relief in court.

Join this expert faculty to learn what you need to know now about this burgeoning are of federal litigation, including what to do to avoid litigation.

The types of technology, advertising and business practices that have been targeted for litigation
Best practices to minimize potential privacy violations and avoid being sued
The types of claims raised in litigation and how to defend against them
The use of traditional media and blogs and social media as part of the litigation strategy
When to settle and when to fight cases
The terms of recent settlements
Analysis of this new burgeoning area of law, including the large number of court opinions issued in 2011 and 2012, as well as an assessment of emerging trends

Project Management for Lawyers 2013

Tue, 05 Feb 2013 05:00:00 GMT

Legal project management is quickly becoming a critical way of doing business in law firms and legal departments. Lawyers are learning to implement project management principles in order to better plan, organize, and supervise projects while enhancing client service and relationships, minimizing risk and enhancing profitability and the management of legal costs. In just a few years, legal organizations have moved from questioning the need for project management principles in their work, to applying it to many aspects of how they manage their work.

This program will take the foundational elements covered in the past two years’ programs and show how they can apply to your law firm or legal department - with the examples of organizations who are using legal project management to transform themselves. You will learn about the latest developments in project management in the legal field, with lessons learned from law firms and legal departments about how to apply these techniques to improve efficiency, lower project costs, and increase overall results.

Keys to successful implementation of legal project management principles
Experiences of legal organizations in getting buy-in, embarking on pilot projects, developing new metrics for success, and using project managers
How to build more accurate budgets using project management tools and processes

Securities Products of Insurance Companies in the Course of Regulatory Reform 2013

Wed, 06 Feb 2013 05:00:00 GMT

The insurance industry continues to navigate the legal environment in meeting insurance and retirement needs in the face of regulatory initiatives adopted in recent years as well as ongoing initiatives for regulatory change. As the evolving regulatory regimes that govern securities products and asset management services offered by insurance company complexes unfold, the need for solutions to unanswered questions remain numerous. Our stellar faculty will provide you with a clear understanding of the important developments in this evolving and dynamic field of law.

Recent regulatory developments as outlined by the SEC’s Division of Investment Management and Office of Insurance Products
The SEC’s enforcement efforts by the Asset Management Unit
SEC and state scrutiny of new and existing insurance products
The latest generation of products from major insurers
The core of variable insurance products and mutual funds
Old and new modes and regulation of distribution
CFTC’s Rule 4.5 and derivatives regulation applicable to mutual funds and insurance products
Pension products regulation

Special Features

Keynote address by Bruce Karpati, Chief, Asset Management Unit, Division of Enforcement, U.S. Securities and Exchange Commission
Earn one hour of Ethics credit exploring ethical practices in the advertising and distribution of insurance/securities products

Advanced Deposition Techniques 2013

Thu, 07 Feb 2013 05:00:00 GMT

Whether you’ve done one deposition or one hundred, you need to be prepared to handle the special situations that arise and know how to identify and exploit the opportunities that exist. This program covers a range of topics and scenarios that can challenge even the most seasoned litigators. Our faculty of experienced litigators and deposition experts will outline proven solutions to some of this craft’s thorniest challenges.

Come learn why attendees rated this course “the best CLE presentation I have seen” and “one of the best seminars I have attended.” Attendees praised the “seasoned, experienced attorneys” and raved that the seminar “contained practical and specific information that will be helpful in preparing for depositions in the future.”

Advanced use of Rule 30(b)(6) depositions
The biggest surprises and how to handle them
Preparing and defending the VIP witness
How to make the most of preparation time
How video has changed the art of the deposition

Recent Developments in Distressed Debt, Restructurings and Workouts 2013

Fri, 08 Feb 2013 05:00:00 GMT

The unprecedented scope and continuation of the credit crisis, recession, and a weak recovery requires business people and professionals to react quickly and deal with distressed companies and defaults. This includes problems in the automotive, financial services, airlines, retail, sports and entertainment and real estate industries. The program will cover current issues relating to structuring, drafting and enforcing the rights of creditors and parties to intercreditor agreements and executory contracts, principally in out-of-court restructurings, exchange offers and pre-managed Chapter 11 bankruptcy filings. It will cover issues in structured finance, and sales of distressed assets in diverse industries. The program will provide tactics to be utilized to better protect creditors, including banks, bondholders, hedge funds, and many parties in interest, and to maximize values and recoveries.

Current marketplace developments
Potential impact of Stern v. Marshall on restructurings
Understanding relevant documentation in exchange offers, workouts and restructurings
Corporate governance and D&O issues in or near the zone of insolvency
Enforcement of rights under financial products, including swaps, derivatives, and repurchase agreements - Lehman, Dante, Metavante; Swedbank; SemCrude
Structured and complex finance - current issues, including ramifications of General Growth, Extended Stay, and Lehman
Intercreditor agreements and subordination - Stuy Town, Euro Directories, Westpoint Stevens, Ion Media; Boston Generating
Negotiating restructuring agreements and exchange offers; important due diligence and relevant Bankruptcy Code and case analysis; Lockups
Sales of distressed assets, bid procedures, “free and clear,” credit bidding, “loan to own,” confidentiality,; GM, Texas Rangers; Clear Channel and progeny; River Road; Innkeepers
Negotiating, drafting, and litigating over pre-managed but not prepackaged Chapter 11 plans and disclosure statements

Broadband and Cable Industry Law 2013

Tue, 12 Feb 2013 05:00:00 GMT

Attend this renowned program and hear cutting-edge analysis of federal initiatives and FCC regulations. Plus examine current case law, the latest technology forecasts, and market trends. Join the country’s leading outside and in-house counsel representing cable operators, cable programmers, municipalities, and online service providers - and the regulators themselves - to gain an understanding of what has transpired in broadband and cable law over the past year, and of where we might be heading.

Does the convergence of voice, video, and data made possible by IP technology warrant a new blueprint for communications regulation?
Does it still make sense to divide the Act into separate “silos” for broadcast, voice and cable services?
Will the FCC’s net neutrality order survive appeal?
Understanding cable’s role in wireless: current FCC wireless proceedings, unlicensed spectrum, and WiFi technology and franchise or local authorization requirements
What are the copyright implications of streaming video for online distribution of programming?
What is the significance of the ivi and Aereo decisions?
What are the latest regulatory developments affecting cable’s voice business?
Does the migration of set-top box functions to the cloud affect the risk of data breaches?
Will the AllVid proposal promote video competition or just impose additional costs on consumers?
Is the FCC implementing the CVAA in accordance with Congressional intent?

Hedge Fund Compliance & Regulation 2013

Tue, 12 Feb 2013 05:00:00 GMT

Nearly one-third of the investment advisers that registered with the Securities and Exchange Commission as a result of the Dodd-Frank Act manage private funds. As a result, the SEC’s examination staff has developed new strategies and processes to address the risks presented by hedge funds and other private funds. At this program, three distinguished panels of experts will discuss the regulatory and compliance challenges facing hedge fund managers from three perspectives:

Building an effective compliance program and strategies for working with regulators
Interacting with investors
Handling sales and trading issues

Panelists will not only provide updates on regulatory developments affecting hedge funds, but also provide practical suggestions for how in-house legal and compliance professionals can cope with the increased compliance burdens and regulatory focus.

Compliance challenges facing hedge funds in 2013, including SEC and CFTC examination priorities
Strategies for addressing and anticipating potentially problematic compliance and regulatory risks, including valuations
Tips for navigating ethical considerations, including managing conflicts of interest and providing disclosure to investors
Constructing and implementing an effective compliance program
Updates on key regulatory developments

Residential Lending after the Crash: An Update on How Dodd-Frank and the CFPB Have Changed the Rules of Home Loan Origination 2013 (Free)

Tue, 12 Feb 2013 08:00:00 GMT

The rules of the road for residential lending have changed dramatically since the crash in 2008 and the subsequent passage of the Dodd-Frank amendments to the Truth-in-Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA). Attend this training for an in-depth look at what’s new and what’s different, including an update on recent rulemaking by the Consumer Financial Protection Bureau (CFPB). Regulators and practitioners will review current and proposed rules and discuss how consumers can identify and avoid predatory home loans.

Dodd-Frank amendments to TILA rules on loan originator compensation, steering, loan terms and disclosures;
Dodd-Frank amendments to RESPA on disclosures and settlement fees;
The CFPB’s new and proposed regulations governing loan origination, including new combined TILA/RESPA disclosures; and
How to help consumers identify and avoid predatory home loans

Current Developments in Federal Civil Practice 2013

Wed, 13 Feb 2013 05:00:00 GMT

Are you up-to-date on the important developments in federal civil practice and the implications of these developments for your cases? At Current Developments in Federal Civil Practice 2013, a distinguished faculty of trial lawyers and judges will review and offer their insights into significant recent developments in the law. The program will focus on applying these developments for best pretrial and trial practices.

Recent decisions interpreting and applying the Federal Rules of Civil Procedure and the Federal Rules of Evidence
New developments affecting pleadings, motions to dismiss, and summary judgment motions
Strategies for effective and efficient electronic discovery
Using experts effectively in pretrial motion practice and at trial
The View from the Bench - insight from federal judges on what they consider to be effective practices in pretrial proceedings and at trial
Ethics in federal civil practice

International Tax Issues 2013

Thu, 14 Feb 2013 05:00:00 GMT

As the world’s economies grow increasingly integrated, the international tax laws of the U.S. impact a greater percentage of businesses and transactions. These international tax rules affect not only large US and foreign-based multinationals, but also increasingly affect mid-sized and smaller firms, financing transactions, mergers and acquisitions, and other commercial activity. As a result, a working knowledge of these international tax rules is of paramount importance to a wide variety of tax professionals.

At this year’s program we will assemble some of the world’s leading experts and senior government officials to discuss the complex rules of U.S. international taxation. We will focus upon both operational and transactional implications of these rules, and will describe the application of the rules to both U.S. and foreign-based entities.

Explore recently proposed International Tax Reform legislation, identifying the key concepts and predicting the future
Understand the intricacies of managing offshore cash and efficient utilization of foreign cash
Identify cross-border merger and acquisition issues, techniques and developments
Get an update on new foreign tax credit regulations implementing the 2010 legislation (including splitter and covered asset acquisition structures) and Subpart F developments
Examine recent developments in transfer pricing audits and planning

Institute on Securities Regulation in Europe 2013 (Twelfth Annual): Overcoming Deal-Making Challenges in the Current Markets

Fri, 15 Feb 2013 00:00:00 GMT

We are proud to present Practising Law Institute’s Twelfth Annual Institute on Securities Regulation in Europe: Overcoming Deal-Making Challenges in the Current Markets, the most comprehensive securities programme available in Europe. Once again, the Institute will feature leading practitioners active in U.S. and European corporate law, as well as government regulators, investment bankers and in-house counsel.

This year’s programme will focus on overcoming the challenges presented by the current markets. Completing M&A deals and financings is more difficult than ever given macro-economic and market concerns, but at the same time compelling deals are getting completed and there
remain windows of opportunity. The conference will focus on which deals are getting done and why, how best to prepare clients for overcoming the difficult deal environment, and dealing with the risks presented in the current environment. The panelists will discuss arbritrage between the U.S. and Europe, the role of China and the other Asian economies and markets, and other jurisdiction trends. Legislators and regulators continue to make a stand and present challenges to deals, and the conference will discuss strategies for addressing such challenges.

The programme will focus on all aspects of deal-making, and cover policy aspects as well as the practical, including:

The market response to the current regulatory environment
The latest accounting and auditing developments and how to ensure the financials do not derail your deal
Surviving governance problems and investigations
The view from in-house counsel
Insider trading, market abuse and other enforcement developments
Recent developments in capital markets
The strong bond market and the difficult loan market
Developments in mergers & acquisitions and private equity
What every securities lawyer needs to know about ethics

You will have the unique opportunity to hear directly from top regulators at the U.S. Securities and Exchange Commission and the Financial Services Authority, as well as from prominent in-house counsel from the leading financial institutions in Europe, and private sector attorneys from the top firms.

On Day One, you will hear a Keynote Address from Paul Dudek, Chief, Office of International Corporation Finance, Division of Corporation Finance, U.S. Securities and Exchange Commission.

On Day Two, David Lawton, Director of Markets, Financial Services Authority, will deliver another Keynote Address.

The Twelfth Annual Institute on Securities Regulation in Europe will be the most important and comprehensive securities conference that you can attend in 2013. This conference is crucial for corporate and securities lawyers both in private practice and in-house, CEOs, CFOs, CIOs and others in senior management whose decisions are affected by securities laws, and by cross-border mergers & acquisitions, private equity and shareholder activists.

We encourage you to register and join us at this exciting event, to be hosted at Freshfields Bruckhaus Deringer LLP’s London offices and featuring two networking luncheons. This programme is approved for CPD credit in the UK, and CLE and CPE credit in the U.S. In addition to offering credits, this conference has the best content and strategies to assist you in making your practice everything it can be in the service of your clients.
The programme will focus on all aspects of deal-making and cover policy aspects as well as the practical, including:

The market response to the current regulatory environment
The latest accounting and auditing developments and how to ensure the financials do not derail your deal
Surviving governance problems and investigations
The view from in-house counsel
Insider trading, market abuse and other enforcement developments
Recent developments in capital markets
The strong bond market and the difficult loan market
Developments in mergers & acquisitions and private equity
What every securities lawyer needs to know about ethics

You will have the unique opportunity to hear directly from the top regulators at the U.S. Securities and Exchange Commission and the Financial Services Authority, as well as from prominent in-house counsel from the leading financial institutions in Europe, and private sector attorneys from the top firms.

On Day One, you will hear a Keynote Address from Paul Dudek, Chief, Office of International Corporation Finance, Division of Corporation Finance, U.S. Securities and Exchange Commission.

On Day Two, David Lawton, Director of Markets, Financial Services Authority, will deliver another Keynote Address.

IP Enforcement and Litigation 2013: Criminal and Civil Update

Fri, 15 Feb 2013 05:00:00 GMT

This program is designed to bring you up to date on both civil and criminal enforcement efforts of intellectual property. From the physical world to the internet, brands are not only building their intellectual property, but are heavily protecting it. In today’s billion dollar industry of infringement and piracy, it is critical to protect IP rights. This program will place you in a better position to think outside of the box when it comes to enforcement. The panels, comprising of in-house counsel, private firm practitioners and government agents, will guide you through the latest updates in each of their areas of expertise as well as lay out creative and strategic methods of enforcement. From the private sector to government, these groups work together to protect valuable property and provide each other with invaluable assistance in the fight against infringers.

Current government IP programs, initiatives and legislation
Coordinating enforcement matters with various government officials
Recent case law and legislative updates covering counterfeiting in the physical and online worlds
ICANN and gTLDs: updates on the registration process, new guidelines and potential enforcement issues
Updates surrounding the interpretation and analysis of a trademark dilution claim: what one needs to know in order to have a successful claim
Tips on when, and how, to use ITC proceedings for patent or other IP enforcement: recent decisions and a Federal Circuit update
Fair Use Doctrine: When is it fair to use someone else’s work?
Grey market goods and the first sale doctrine: recent copyright updates surrounding these issues
When, how and if computer software code is copyrightable
How in-house counsel build their brands and enforce against blatant infringements
The importance of creating an enforcement program which works with your budget: can you enforce every online marketplace and social network or just some?

Special Feature

Earn one full hour of ethics credit: avoiding common ethics problems related to enforcement, i.e. undertaking investigations, use of social media sites for research, pro se defendants

California Family Law Basics: Pro Bono Representation in Low-Income Family Law Cases 2013 (Free)

Tue, 19 Feb 2013 08:00:00 GMT

Millions of Californians are unrepresented in Family Court matters (estimated 80% of litigants are unrepresented). Low-income clients are in desperate need of your pro bono help. Attend this free PLI program and volunteer with your local legal services agency to represent low-income Family law litigants in need. With a limited time commitment, you can help obtain essential legal protections needed for survivors and their children to build a safe life free of abuse!

Introduction to Family Law
Overview of both substantive and procedural issues in Family law, including basic principles of dissolution of marriage, child custody and visitation, child and spousal support, and community property, as well as basic procedures for filing documents, preparing for hearings, and negotiating with the opposing party.
Motions Practice in Family Law Cases
A basic introduction to procedural steps to obtaining immediate orders (including judicial council forms, Family law hearings, etc) and how to handle Family law court hearings.
Basic Introduction to Child Custody and Visitation
A basic introduction to obtaining child custody and visitation orders (including motions, Family Court Services and hearing practice).
Obtaining Child and Spousal Support in Low-Income Family Law Cases
A basic introduction to child and spousal support in low-income Family law cases, including: substantive basis for child and spousal support; procedural steps to obtaining orders (ex motion forms, declarations, supporting evidence and Income and Expense Declaration); working with the Department of Child Support Services; and how to handle support hearing.
Property Issues in Low-Income Family Law Cases
A basic introduction to property issues in Family law cases including: Identifying Community and Separate Property Assets and Debts; mandatory disclosures and forms; a general summary of formal discovery (note, this is session will not provide extensive training on discovery); and distribution of assets and debts.
Using California Family Law Judicial Council Forms
A detailed summary of using California Judicial Council forms in Family law cases - from initial filings all the way through to Judgment. Note that the training does not cover marital settlement agreements or trial briefs.

Social Media 2013: Addressing Corporate Risks

Wed, 20 Feb 2013 08:00:00 GMT

Did you know that Facebook now has one billion active users? (By contrast, the entire population of the United States is 310 million people.) Or that Facebook accounts for over ten percent of all U.S. web traffic? And that over 250 million photographs are posted to Facebook each day? Or that Twitter users are expected to send over 91 billion tweets during 2012? And that over four billion videos are viewed per day on YouTube?

Facebook, Twitter, LinkedIn, YouTube, Google+, Foursquare, Tumblr, Pinterest and other social media sites are transforming not only the daily lives of consumers, but also how companies interact with consumers. Indeed, even the largest, most conservative blue-chip corporations have begun to embrace social media; one study revealed that, of the Fortune Global 100, 77% had Twitter accounts, 61% had a presence on Facebook, and 57% had a YouTube channel; these numbers will only increase over time. Many marketing professionals view social media as the single greatest marketing tool to have emerged in this century.

However, along with the exciting new marketing opportunities presented by social media comes challenging new legal issues. In seeking to capitalize on the social media gold rush, is your company taking the time to identify and address the attendant legal risks? The good news is that, merely by undertaking simple, low-cost precautions, companies seeking to use social media can significantly reduce their potential liability exposure.

Please join us as leading practitioners and industry experts explore the cutting-edge legal concerns emerging from social media, and provide practical solutions and real-world insights to assist you in tackling these concerns.

Social media: How it works, and why it is transforming the business world
Drafting and updating social media policies
User-generated content and related IP concerns
Ensuring protection under the CDA’s Safe Harbor
Minimizing risks relating to mobile apps
Online marketing: New opportunities, new risks
Privacy law considerations
Practical tips for handling real-world issues

Special Feature

In-house panel to address hot issues and provide creative solutions.

ERISA Fiduciary Investment Basics 2013

Wed, 20 Feb 2013 05:00:00 GMT

This course provides an introduction to the basics of ERISA fiduciary law using a case-study vehicle, and is intended for lawyers seeking to solidify their understanding of the regulatory framework, to ensure that they have a full picture of the important issues to be addressed and to develop their analytical abilities. At this year’s program, you will learn about the principal issues in ERISA’s regulation of plan investments through: (i) a case study of a hypothetical plan asset hedge fund exploring entry in the plan marketplace and a plan investor considering such an alternative investment; and (ii) an analysis of recent litigation involving defined contribution, principally 401(k), plans.

Real Estate Tax Forum 2013 (15th Annual)

Thu, 21 Feb 2013 05:00:00 GMT

Our 15th anniversary program has been completely revised and will have a more transactional focus. This new approach highlights the tax problems being encountered by practitioners in today’s typical commercial real estate transactions and structures, and examines the simple and sophisticated solutions being used by the experts. Panels of nationally-recognized real estate tax experts from major law and accounting firms will provide attorneys, accountants and real estate professionals with a detailed analysis of the most sophisticated and creative tax planning techniques available for structuring, restructuring and unwinding different types of real estate transactions in today’s challenging capital markets environment. Using extensive visual aids and actual deal structures, this group of entertaining, experienced and knowledgeable speakers will share their experiences with today’s state-of-the-art planning techniques, and emphasize practical approaches to solving difficult tax issues affecting real estate investment and operation.

Stay current with an overview of the latest developments in real estate taxation, including the latest on the carried interest legislation and the latest tax reform proposals
Examine current fee, cash distribution waterfall structures, and clawback requirements in joint ventures and real estate funds
Get tips on using “tiered partnerships” and “series LLCs”, and examine the new proposed regulations, structuring to maximize capital gain and strategies for avoiding income recognition traps and minimizing taxes under Sections 704(b), 704(c), 707, 737 and 752
Learn simplified approaches for drafting effective tax provisions for partnership and LLC agreements, including book-ups for service partners
Survey the latest like-kind exchange developments, including tenancies-in-common, build-to-suit, reverse and related party exchanges
Understand the tax issues for those who purchase debt at a discount

Plus our new transactional approach will feature case studies and other illustrative methods to provide in-depth analysis of many typical but challenging commercial real estate transactions, including, contributions of properties to partnerships, LLCs and REITs and UPREITs, roll-ups of portfolios of multiple properties, redemptions and divisions of partnerships with negative capital accounts, pitfalls and opportunities in leasing transactions, like kind exchanges and much, much more.

Residential Foreclosure Actions in New York State 2013 (Free)

Fri, 22 Feb 2013 05:00:00 GMT

Since 2008, and the onset of the economic downturn, New York State and the Nation have experienced a sharp increase in the number of residential foreclosures. The New York State Unified Court System and the State Legislature responded with a series of measures establishing a foreclosure settlement conference framework and procedures for ensuring that documents in foreclosure cases are free of deficiencies that would prevent a case from proceeding to foreclosure. As New York State continues to grapple with the foreclosure crisis, practitioners have expressed a need for information in this complex area of the law. At this program, you will hear from distinguished experts about these and other developments in the area of residential foreclosure actions in New York State.

The current court process in foreclosure actions
How are mortgages currently held and the issues that have arisen surrounding Trusts and PSAs
The economics of mortgage servicing from the servicers perspective
Foreclosures from the borrower’s perspective, issues dealing with banks and servicers
How the national mortgage settlement affects cases in New York
Pro bono opportunities

Managing Wage & Hour Risks 2013

Mon, 25 Feb 2013 05:00:00 GMT

Counsel as well as Human Resources and compliance personnel whose responsibilities include wage and hour matters must keep up to date on the latest developments, and understand and anticipate wage and hour risks so that these risks can be effectively managed through compliance programs and responses to early warning signs. At the same time, given the sensitivity of these issues, it is critical for counsel on both sides to master best practices for investigating and litigating wage and hour claims that may arise, and to understand the pros and cons of arbitrating such claims. An understanding of the nuances of wage and hour collective actions, class actions and hybrid actions under federal and state law will also aid any attorney in the wage and hour arena. This full day program brings together nationally recognized employer and employee advocates, prominent in-house counsel, and government enforcement agency officials who will share their respective perspectives, insights and experiences.

Hear directly from the source about the United States Department of Labor’s current enforcement priorities and the DOL’s latest initiatives
Evaluate the classification and compensation of employees armed with the latest developments under the Federal and key state wage and hour laws
Analyze the arbitrability of wage and hour claims and key provisions to insert or omit from arbitration agreements
Understand the nuances of wage and hour class certification, and related discovery and investigations
Explore from the wage and hour perspective the effects of social media in the workplace, including the impact of the NLRB’s guidance on social media policies

Trade Secrets 2013: What Every IP Attorney Should Know

Tue, 26 Feb 2013 08:00:00 GMT

The "Big Three" categories of intellectual property are patents, copyrights and trademarks, but just as valuable is the fourth category of trade secrets. If you work at a technology company or other company that creates or works with industry trade secrets - or if you counsel such a company - this course will teach you what you need to know to protect your valuable assets.

Recent legal developments and practice tips
How to identify, evaluate and secure your client’s trade secrets
Critical differences between analyzing trade secrets and patents
How to draft confidentiality agreements to avoid misappropriation claims
What to expect in litigation and how to assess the cost
Litigation strategies from attorneys in the trenches

Advising Nonprofit Organizations 2013

Wed, 27 Feb 2013 05:00:00 GMT

The business of running a nonprofit organization has become increasingly complex, as nonprofits are under heightened scrutiny to account for their management and fiduciary practices. The repercussions from the economic crisis and the need to cope with ongoing financial uncertainty have also brought into focus new legal standards for proper investment conduct, while the changing technological landscape forces nonprofits to confront new legal issues related to innovative fundraising strategies, strategic alliances, and international grant-making, among other issues. As the environment in which nonprofit organizations operate becomes increasingly intricate, and attention to proper corporate governance becomes ever more important, attorneys who advise nonprofits and their boards of directors or are contemplating board service themselves must be aware of both the legal norms governing their conduct and the public perceptions of charitable activities.

Important distinctions between categories of federal exemptions
Tax compliance issues and related operational guidelines, including lobbying guidelines for nonprofits
Rules governing charitable solicitations, and cause-related marketing
Principles of good governance for all types of organizations
Duties of directors and officers
Federal tax rules relating to fiduciary conduct
The impact of the Sarbanes-Oxley Act on nonprofit governance
Tips for avoiding potential traps for the unwary hidden in the law

Corporate Governance - A Master Class 2013

Wed, 27 Feb 2013 05:00:00 GMT

Recent developments, including increasingly intense shareholder activism, seemingly shorter investment time horizons, and regulatory developments under the Dodd-Frank Act, have accelerated changes in corporate governance. Many of the changes are fundamental and will have a profound impact on public companies, their directors and management, and the securities markets. Join our stellar faculty as we discuss what has already occurred as well as what is yet to come.

Will the SEC’s new mandated listing standards under Dodd-Frank have an impact on Compensation Committees and compensation consultants?
How should Boards and Compensation Committees respond to “say-on-pay”?
What every company needs to know about proxy advisory firms - how to engage, what to expect, and what (if anything) may change
What’s new under Delaware law
What to expect from the SEC
How the energized PCAOB is affecting Audit Committees, including prospects for audit firm rotation and greater interactions between auditors and Audit Committees
Enforcement initiatives: whistleblowers, insider trading initiatives, and the increased focus on individuals

Commercial Real Estate Financing 2013

Fri, 01 Mar 2013 05:00:00 GMT

This seminar will explore major issues and problems, and recent changes, in how lenders and borrowers negotiate commercial real estate loans in the still-lingering shadow of the recent financial crisis. Speakers will show how today’s lower valuations and the renewed conservatism of lenders will shape the terms, legal negotiations, and closing process of commercial real estate financing in 2013. This year’s program will turn back toward the basics, such as loan document negotiations, rental income, leases, nondisturbance agreements, and drilling down on the documents. A faculty of seasoned practitioners will help you understand old principles that are new again, beef up your knowledge of how to structure and close real estate loans, and revisit legal principles for troubled loans that date back to law school or earlier downturns. The speakers will explore categories of financing and categories of distress, and how borrowers and lenders might respond. And they’ll offer some predictions about how commercial real estate financing might look in the next cycle, and lessons to be learned from today’s transactions and continuing workouts.

Who’s lending - and how?
How a lender looks at a lease, and the relationship between tenant and lender
Securitization today - state of the market and projections
The art of getting a loan closed, and what to do next
Role of the rating agencies
Lender’s due diligence and strategy for troubled loans

plus

Interest rate protection - swaps, caps, and security issues they create
Fannie and Freddie multifamily financing
Workouts, defaults, and enforcement
How ground leases can go wrong
Analyze an ethics case study, and receive an hour of CLE Ethics credit

Ethics for Corporate Lawyers: Multijurisdictional Practice and Other Current Issues 2013

Wed, 06 Mar 2013 05:00:00 GMT

New developments in multijurisdictional practice issues (including the interplay and disparity of various state ethics rules, different enforcement regimes, interplay between U.S. rules and international rules)
Current issues relating to multiple representation
Virtual law offices, ethical screens, and outsourcing
Recent developments involving conflict of interest
Whistleblower remedies for corporate counsel
Dangers to corporate counsel in civil discovery
New developments in confidentiality, the attorney-client privilege, and the attorney work-product doctrine (including disclosure obligations to third parties, the status of government pressure to waive, selective waiver, and inadvertent waiver)
Lawyers’ exposure to civil liability

Broker-Dealer and Adviser Regulatory Compliance Forum 2013

Wed, 06 Mar 2013 05:00:00 GMT

Brokerage and advisory firms' compliance programs are under intense regulatory scrutiny. At this program, attendees will be provided with expert analysis regarding today’s hot topics impacting the relevant regulatory framework, as well as practical considerations regarding the design and implementation of such programs. A distinguished faculty of practitioners and regulators will review current regulatory initiatives and recent examination and enforcement activity to give attendees a multi-faceted perspective on requirements and best practices in this area.

Review of current rulemaking
Trends in SEC and FINRA examinations
FINRA’s new advertising rules and private fund advertising under the JOBS Act
What are the lessons learned from recent SEC and FINRA enforcement actions?
How should conflicts of interest be disclosed and resolved?

Spin-offs 2013

Thu, 07 Mar 2013 05:00:00 GMT

Business separation transactions represented over 40% of all M&A transactions in 2011. An increasing proportion of them have taken the form of spin-offs, equity carve-outs and similar architectures not involving an outright sale. But what is a spin-off, what makes it different from other types of business separation transactions, and why are people doing more of them? This program will provide an in-depth perspective on the factors that drive the recent trend towards business disaggregation, the fiduciary duties of directors in considering and approving spin-offs, and the latest developments in the complex requirements that apply to spin-offs under federal securities and tax laws. In addition, emphasis will be given to practical obstacles and pitfalls in structuring and executing spin-offs, such as those arising in connection with contracts, intellectual property and employee benefits.

Different spin-off architectures
Strategic and other factors motivating companies to spin off business units
What directors need to do in order to comply with their fiduciary duties when considering and approving spin-offs
Recent developments in structuring spin-offs that are tax-free and exempt from Securities Act registration
How to navigate vexing business separation issues, such as transitioning of personnel and related compensation issues, fraudulent conveyance, anti-assignment clauses in contracts and allocation of intellectual property.

Diversity & Inclusion in Law Practice 2013 (Free)

Thu, 07 Mar 2013 05:00:00 GMT

The challenges of creating an inclusive work environment remain great. At this year’s annual program, a renowned faculty of practitioners, in-house counsel, and diversity directors and professionals will discuss the continuing new developments in diversity and best practices for achieving a diverse workplace.

The legal landscape: recent legal developments that impact diversity, including discussion of Fisher v. Texas, LGBT concerns, and immigration issues
Inclusion strategies update: Is there anything new? Next steps to advancing a diverse and inclusive organization and reinvigorating your strategies - a look at practical and effective approaches and tools
Diversity and inclusion in the current environment: Are we making progress? What do the actual metrics show ? A look at the status of diversity initiatives today and how they fit in the current legal and business landscapes.
The corporate perspective on diversity and inclusion: what are the expectations and requirements for outside counsel; how can in-house counsel promote diversity?

The SEC Speaks in 2013

Sat, 09 Mar 2013 05:00:00 GMT

Over the past year, the Commission has been engaged in a broad range of rulemaking projects and other initiatives to implement the newly-enacted Jumpstart Our Business Startups Act and the Dodd-Frank Wall Street Reform and Consumer Protection Act. The Commission has been working to implement the provisions of the JOBS Act, including with regard to the use of general solicitation and general advertising in certain private offerings, new exemptions for crowdfunding and other limited securities offerings, and the registration and reporting thresholds under the Exchange Act, as well as studies about tick size and issuer disclosure requirements. The Commission also has continued its efforts with regard to implementation of the Dodd-Frank Act, including issuance of a “roadmap” on phase-in of derivatives regulation, approval of new rules and interpretations on key terms for regulating derivatives, and approval of new rules relating to clearing agencies, investment advisory performance fees, specialized corporate disclosures, and listing standards for compensation committees and compensation consultants. In addition, the Commission adopted new requirements related to the creation, implementation, and maintenance of a consolidated order tracking system by self-regulatory organizations, continued its work on a key initiative relating to regulation of the asset-backed securities market, and issued a report and recommendations on the municipal securities market.

The Commission continues to accelerate its efforts to protect investors and promote the integrity of the marketplace. At the heart of these efforts are increasingly effective programs in enforcement and examination, including specialized units with expertise in complex, high priority areas; various specialization initiatives throughout the agency to proactively identify high-risk areas for further examination and investigation; and use of targeted approaches to better detect links and patterns suggesting misconduct. Complementing these efforts are a series of measures to encourage corporate insiders and others to come forward with evidence of wrongdoing, including a Cooperation Program that establishes incentives for individuals and companies to fully and truthfully cooperate and assist with investigations, and a Whistleblower Program that gives the agency authority to compensate individuals who provide useful information about violations of the federal securities laws, thus allowing the Commission to bring stronger cases and shut down fraudulent schemes earlier than would otherwise be possible.

This year more than ever, you will want to hear from the Chairman, Commissioners, and senior staff about the SEC’s initiatives and priorities at The SEC Speaks in 2013.

Consolidated Tax Return Regulations 2013

Tue, 12 Mar 2013 04:00:00 GMT

During the past eighteen years, the Department of the Treasury and the Internal Revenue Service have substantially revised the consolidated return regulations. These changes, coupled with legislative developments, judicial decisions, and published and private rulings, have dramatically changed the operating rules of consolidated returns. An understanding of these rules is critical for practitioners and corporate tax counsel who practice in this area. This program explores the policy and mechanics of these rules and regulations. Leading private practitioners in the field and government officials responsible for drafting the regulations will explain the latest developments.

Examine the unified loss rules’ impact on corporations filing consolidated returns, including selling stock of a subsidiary member anticipating a loss, and buyers acquiring subsidiary stock from a selling consolidated group
Survey the ways in which the economic substance doctrine affects consolidated returns
Analyze the interplay between the intercompany transaction provisions and the controlled group rules of Section 267(f)
Explore the ways in which the cancellation of debt (COD) provisions interact with the intercompany transaction rules

IP Issues in Business Transactions 2013

Tue, 12 Mar 2013 07:00:00 GMT

This comprehensive program will provide an in-depth understanding of intellectual property issues that arise in corporate transactions, including the strategic role of intellectual property in a company and the many unique considerations that come into play. Learn how to assess intellectual property as a strategic asset and how to evaluate opportunities to monetize IP while avoiding costly missteps. Other essential topics addressed include IP portfolio review and management, licensing, valuation, and enforcement. An expert faculty with years of experience will also review joint development, bankruptcy, tax, and due diligence issues and provide practical guidance you can rely on daily. Covering issues that may arise across patent, trademark, and copyright law, this program is a must for all IP transactional attorneys.

Identifying the IP a business should own and how to monetize these assets
Entering strategic alliances and engaging joint venture partners
Strategies for licensing of intellectual property assets
Due diligence tips and practice points
Maximizing the value of intellectual property assets
Licensing considerations in a bankruptcy context
The role of social media in transactions
New Topic! Special issues for copyright and trademark attorneys
Special Feature! Earn one full hour of ethics credit!

Venture Capital 2013: Nuts and Bolts

Thu, 14 Mar 2013 04:00:00 GMT

A thorough understanding of current market practice, deal terms and conditions, transaction documents and applicable securities, regulatory and ethical issues is critical in the venture capital business. This program, designed for those seeking a secure foundation in the venture capital field, will teach you the essentials of venture capital. From examining the anatomy of a venture capital deal, to participating in a mock term sheet negotiation, to exploring key issues in follow-on financing rounds, exit strategies and securities law compliance, our expert faculty of lawyers, venture capitalists and business executives will analyze the legal and business issues you need to master to actively and successfully participate in today’s venture capital environment. You will also learn about the latest financing trends, regional differences in deal practice, and ethical issues that arise when representing start-ups and venture-backed companies.

How to form and counsel start-ups
Key venture capital finance terms
Bridge finance and venture debt terms and trends
Structuring exit strategies
The various applicable securities and tax laws

Nuts and Bolts of Tax Penalties 2013: A Primer on the Standards, Procedures and Defenses Relating to Civil and Criminal Tax Penalties

Fri, 15 Mar 2013 04:00:00 GMT

The number of tax penalties assessed by the Internal Revenue Service has increased dramatically over the past several years. For example, assessments of accuracy-related penalties against individuals and corporations rose from 59,708 in 2005 to 472,961 in 2010, a nearly 800% increase! At the same time, the Internal Revenue Service is focusing more than ever before on the conduct of professionals, through return preparer penalties, Circular 230 enforcement and even criminal prosecutions. Sophisticated and responsible practitioners engaged in tax planning or tax controversies must understand where the lines are drawn and consider application of penalties when appropriate. However, accounting and law school tax classes rarely focus on penalties, leaving practitioners to pick up the relevant standards and procedures from the trial and error of daily practice.

This new one-day seminar is a unique opportunity to review the various tax penalties that can be imposed, the standards and transactions that can trigger penalties and sanctions, the procedures the Internal Revenue Service must follow to assess penalties and the defenses that can be asserted. We have assembled an expert faculty of experienced private practitioners and government representatives to explain how penalties work, why they are assessed and how you can protect yourself and your client.

Understand why penalties are assessed, which penalties apply to what types of conduct, and who can be subject to penalties, the taxpayer, the preparer, or both
Explore the difference between professional ethical standards of conduct, Circular 230 standards and tax penalties
Find out how certain you have to be before you can advise a client to take a tax position on a return
Learn to recognize when you can rely on your client for information and when you have to dig deeper
Examine situations where conduct is so egregious that it can trigger a fraud penalty
Discover what turns a civil penalty case into a criminal tax prosecution
Get tips on approaching tax situations that involve potentially criminal conduct

Counseling Clients in the Entertainment Industry 2013 - Overview of Entertainment Law Issues; Television, Video & User-Generated Content; Videogames & Computer Entertainment; Building an Entertainment Law Practice; Ethics

Mon, 18 Mar 2013 04:00:00 GMT

Day 1 - Overview of Entertainment Law Issues; Television, Video & User-Generated Content; Videogames & Computer Entertainment

The morning session will address high-level issues in entertainment industry transactions and will cover legal and business issues and emerging trends in the television and video industries, including recent developments involving online video and user-generated content. The afternoon session will sort out the parties to game development deals and their respective interests, take a look at key negotiating issues from both sides of the table, and conclude with a mock negotiation of a development deal between a game developer and a game publisher.

Day 1 Evening Session - Building an Entertainment Law Practice; Ethics

The evening session will feature a panel addressing how to develop and grow an entertainment law practice. Thereafter, ethical considerations in the practice of entertainment law will be examined (one full hour of ethics credit).

Special Feature

Network at the cocktail reception on the evening of Day 1, sponsored by SESAC.

Counseling Clients in the Entertainment Industry 2013 - Sound Recordings; Music Publishing

Tue, 19 Mar 2013 04:00:00 GMT

Day 2 - Sound Recordings; Music Publishing

The morning will be geared toward a basic understanding of an artist-record company agreement with a mock negotiation as the format, and will address current issues and trends in the record industry, including digital distribution of sound recordings. The afternoon session will provide a basic understanding of music publishing terms and concepts and will include a mock negotiation of an exclusive songwriter agreement.

Trends in Merger Litigation 2013: Corporate, Litigation, and Judicial Perspectives

Tue, 19 Mar 2013 07:00:00 GMT

Over the past several years, virtually all going private transactions and most public company mergers have led almost immediately to merger-related litigation. These litigations have a unique dynamic given their interaction with corporation transactions that typically move on a highly accelerated timeline. Merger litigation is also often complicated by the fact that multiple suits are often filed in different venues (both state and federal) and that these cases can involve both direct and derivative claims. This program offers attendees an opportunity to learn about the latest substantive and procedural developments in this important and rapidly changing area of the law. Moreover, by drawing on a faculty from the bench, academia, the plaintiffs’ bar and the defense bar, the program offers a broad range of perspectives that should be enlightening to anyone who faces the prospect of this type of litigation.

The program is designed to provide attendees with an update on all aspects of the merger litigation process. The key areas to be covered in the program include:

Substantive developments in the law of fiduciary duty as it relates to merger activity
Key issues in drafting merger agreements as they relate to litigation exposure
Multi-jurisdictional merger litigation and the best ways to efficiently and effectively manage multiple simultaneous litigations
Trends in merger litigation settlements
Merger litigation price claims and experience from increased litigation of that type
D&O insurance and its role in merger litigation

Counseling Clients in the Entertainment Industry 2013 - Book Publishing; Current Developments in Entertainment and Sports Litigation; Film

Wed, 20 Mar 2013 04:00:00 GMT

Day 3 - Book Publishing; Current Developments in Entertainment and Sports Litigation; Film

The morning will provide an overview of book publishing agreements and current developments in the publishing industry (including e-books), followed by trends and hot topics in entertainment, sports and Internet litigation. The afternoon will provide a basic understanding of motion picture terms and concepts, plus advanced film issues involving financing, production and distribution.

Representing the Pro Bono Client: Effective Written Advocacy (Free)

Thu, 21 Mar 2013 07:00:00 GMT

This program will teach new attorneys and seasoned professionals effective writing techniques to assist pro bono clients with a variety of legal issues. Learn the tools to draft concise complaints, declarations and briefs to help your pro bono clients assert their legal rights and win their cases!

Drafting Effective Briefs
Preparing Witness Declarations
Crafting Complaints

Ethics for Government Lawyers 2013

Fri, 22 Mar 2013 04:00:00 GMT

The scope and application of the attorney-client privilege in the public sector
Ethics rules that apply to government lawyers
Understanding who the client is
The interaction between ethics rules and other regulations that affect government lawyers
Transitioning between the private and public sectors

Investment Management Institute 2013

Fri, 22 Mar 2013 04:00:00 GMT

You’ll hear expert panelists discuss: significant business and legal developments in the investment management area over the past year and important regulatory initiatives such as:

The SEC’s regulatory agenda
Potential new regulations affecting money-market funds
Potential SEC staff guidance regarding derivatives used by registered funds
Potential new regulatory initiatives relating to target date funds and exchange-traded funds
Governance initiatives of importance to fund independent directors and trustees
New legislative initiatives: the JOBS Act and the STOCK Act
The future of investment adviser oversight
Mutual fund distribution, including the use of social media
Effect of CFTC, DOL and FINRA regulations on the fund industry
The regulation of private fund managers
Up-to-date SEC staff investment management compliance guidance
Working with the SEC’s adviser pay-to-play rule
Investment management examination hot buttons
New developments in insurance products
Recent investment management litigation trends
The continued focus on enforcement in the asset management area
Ethics for the investment management practitioner

At this program, you will hear from current and former regulators, industry experts and practitioners about these regulatory matters, as well as about business topics such as developments of new financial products and services.

Asset Based Financing Strategies 2013

Mon, 25 Mar 2013 04:00:00 GMT

Asset-based financing is a key source of credit for small and medium-size companies and for some larger, publicly traded companies as well. In contrast to equity financing where ownership in the company is diluted, asset-based financing allows companies to use their own assets to generate cash flow.

In structuring these loans, lenders and their counsel must consider all senior interests in the collateral, as well as the practical difficulties in obtaining payment in enforcement situations. Accordingly, asset-based lending requires not only a sound knowledge of the law, but also practical knowledge of the common drafting and enforcement issues likely to arise.

At this program, our expert faculty will explore the most common forms of asset-based financing, and the legal rules governing them, with particular emphasis on Article 9 of the Uniform Commercial Code and the Bankruptcy Code. In addition, the faculty will share what they have learned in representing secured creditors and borrowers in structuring asset-based loans and in enforcing them inside and outside of bankruptcy. The faculty will also discuss a number of ethical issues that arise in asset-based financings.

Brief review of the basic rules for attachment, perfection, priority and enforcement of a security interest under Article 9
Common asset-based financing structures
Techniques for equipment, inventory and receivables financing
Priority issues relating to non-UCC liens and intercreditor arrangements
Enforcement and bankruptcy planning strategies
Recent UCC Article 9 developments including 2010 amendments
Cross-border asset based financing issues

Taking and Defending Depositions 2013

Tue, 26 Mar 2013 04:00:00 GMT

With fewer cases reaching juries, deposition testimony has become a substitute for trial testimony. Skilled litigators know how to take advantage of this unique opportunity to gather information, learn about an adversary’s case, and get a close-up look at the performance of potential witnesses. Learn how to maximize this chance to gain an advantage for future settlement or litigation. Our faculty of experienced litigators will take you through every facet of the deposition process, starting with general strategic principles and moving through the use of deposition testimony at trial. We’ll also use demonstrations to illustrate the dos and don’ts of depositions, give you practice tips for each stage of the process, and show the tactical and strategic considerations behind the techniques employed.

Deposition strategy and purpose: deciding where each deposition fits into your overall discovery plan
Doing your homework to prepare for a deposition
Nuts and bolts of taking a deposition, including stipulations, objections, and use of exhibits
Dealing with a difficult adversary
Defending the deposition: objections, instructing the witness, and going off the record
Expert witnesses and what you need to know
Using deposition testimony at trial: rules, techniques, and tactical concerns
Ethical issues unique to depositions: how to handle the issues that can arise

California Eviction Defense: Protecting Low-Income Tenants 2013 (Free)

Wed, 27 Mar 2013 07:00:00 GMT

In the current economic climate an increasing number of low-income Californians are facing eviction. Unfortunately, many tenants are evicted without the benefit of legal counsel to guide them through the process or the representation necessary to vigorously defend against unlawful actions. As a result, families face the very real possibility of homelessness. This training is designed to help mitigate the crisis by providing attorneys with a basic understanding of eviction defense and housing law and an opportunity to connect with non-profit legal service agencies able to facilitate pro bono representation of low income families facing this predicament.

Eviction process overview and basics
Affirmative defenses in Unlawful Detainer actions
Eviction defense after foreclosure
Evictions and terminations in subsidized housing
Evictions in rent controlled jurisdictions and mobile home parks
Fee Waivers, Requests for Jury Trials and Appellate Division Writs

Doing Deals 2013: The Art of M&A Transactional Practice

Wed, 27 Mar 2013 04:00:00 GMT

The M&A market has been experiencing a period of great expectations, with economic anxiety creating uncertainty about the future. Increased volumes of tender offers, hostile deals, activist campaigns, as well as spin-offs, has been an important trend, while the use of innovative structuring mechanisms, such as contingent value rights, has been another. M&A participants continue to raise questions about what “the market” for deal terms is, whether buyers or sellers now have the upper hand, and whether the M&A market will return to robust volumes. These questions, along with the new deal technology and case law emerging to address them, are among the points that will be discussed at the Doing Deals program.

A prominent faculty of top lawyers and investment bankers will share their years of experience and teach you how best to represent your clients by creatively structuring, coordinating and managing M&A transactions.

How to choose a transaction structure: Navigating the world of mergers and tender offers
Using innovative deal structures to get the deal done: the use and abuse of earnouts, CVRs and dual-track merger/tender offers
The critical importance of pre-deal documents, such as confidentiality agreements (including the recent decision in Vulcan v. Martin Marietta)
Special considerations when doing cross-border deals
Developments in Delaware law relating to M&A deals
The nuts and bolts of definitive agreements - representations and warranties, covenants, conditions and indemnification provisions
How to launch or defend against a hostile deal or an activist hedge fund

Basic Immigration Law 2013

Thu, 28 Mar 2013 04:00:00 GMT

This program will explain the basic concepts of U.S. immigration law and procedure, and reflect current developments and trends, including developments relating to the new prosecutorial discretion policies. You will receive a course handbook with articles by leading practitioners and sample documents and forms to assist you in your practice.

An overview of U.S. immigration law, including current developments and trends
The difference between nonimmigrant (temporary) and immigrant (permanent/green card) visas
Employment-related visas and work authorization
Family-sponsored visas
Asylum and immigration benefits for crime victims
Removal proceedings against immigrants
Judicial review of immigration cases
Naturalization
Protecting an employer from sanctions
Unique ethical issues in immigration practice

Securities Offerings 2013: A Public Offering: How It Is Done

Fri, 29 Mar 2013 04:00:00 GMT

This course tracks a public offering from the initial kickoff meeting to the closing dinner. The session has a practical focus on translating the law of securities offerings into the actual mechanics of starting and completing a public offering. The “how to do it” approach includes the preparation of registration statements, the SEC review and comment process, stock exchange listing and pricing mechanics. The course will also highlight “hot” topics in the current environment including two segments on the recently enacted Jumpstart Our Business Startups Act.

This course will provide a solid understanding of the legal framework for securities offerings under the Securities Act of 1933. Topics covered include the basics, such as definitions and regulations of “offers” and “sales” of “securities” and the distinctions between public and private offerings, including the need to register public offerings (and how that is done) and basic exemptions from registration. It will also cover important and ever-evolving topics, such as the current SEC agenda affecting the registration process, publicity restrictions and the evolution of the JOBS Act and information practices, including free writing prospectuses, and road shows, both live and electronic. The course will also cover the critical financial information that forms the backbone of disclosures in securities offerings, including: annual and interim financial statements, management’s discussion & analysis, the SEC’s rules concerning disclosure of so-called “non-GAAP financial measures” and other developments in disclosure documents.

Ethics in Social Media 2013

Mon, 01 Apr 2013 04:00:00 GMT

Ethics permeates all areas of today's legal practice. With the proliferation of social media, what types of personal information are companies permitted to access without the consent of their employees or applicants? How is privacy and security addressed? The New York City Bar Association, the New York State Bar Association and the New York County Lawyers' Association have all issued ethics opinions on "pretexting" and "social engineering" to obtain access to a user's social network profile. In the everyday practice for inside counsel, what is protected by the attorney-client privilege? How do lawyers safeguard the attorney-client privilege when blogging? Can and should employers demand the online passwords of prospective employees? What about the online passwords of prospective jurors? This program will address these and many more ethical dilemmas.

Ethics in social media
Privacy and security issues
Corporate approach
Negotiation of contracts
Recent opinions from NYCBA, NYSBA and NYCLA
Discoverable information
Ethics in e-discovery
Maintaining attorney-client privilege

Ethics for Transactional Lawyers 2013

Mon, 01 Apr 2013 04:00:00 GMT

Who the client is - organizations, not officers
When to report wrongdoing: internally (up the corporate ladder and to the Board) and externally (to regulators)
SEC professional responsibility rules for issuer’s counsel
Conflicts waivers
Internal investigations
SEC and CFTC whistleblower provisions: policy and ethical considerations

Social Security Disability 2013: From Administrative Proceedings to Federal Practice

Tue, 02 Apr 2013 04:00:00 GMT

Disabled children and adults need your help! Learn federal practice as you learn how to represent disabled children and adults who need your assistance following denials of their claims by the Social Security Administration.

After denial of an initial disability claim, claimants frequently find a possible appeal to be confusing, difficult, and even overwhelming. Many claimants cannot afford legal representation and must navigate the appeals process on their own.

By attending this free PLI program, you will learn about social security disability claims, and how to represent disabled children and adults in their appeals from denials of their claims by the Social Security Administration. You will also learn about federal practice, within the context of social security disability, which will have broader application to anyone practicing in the federal courts.

Regardless of your area of practice, this program is a perfect vehicle for attorneys interested in learning more about federal practice and social security disability and getting involved in pro bono opportunities with legal service organizations.

At this three- hour program, you will learn the basics of Social Security law and practice, in the context of federal practice, including how to gather and analyze medical evidence, the examination of parties and witnesses, drafting effective pre-hearing memoranda, and oral argument. Topics to be covered will include:

Overview of social security benefits and the Administrative Law Judge Hearing
Agency and federal court review in social security cases
Working as pro bono counsel: Successful pro bono models used by law firms and in-house legal departments; how individual attorneys can get involved; how legal services supports volunteer attorneys

Fundamental Concepts in Drafting Contracts: What Most Attorneys Fail to Consider 2013

Tue, 02 Apr 2013 04:00:00 GMT

The reduction to writing of an agreed-upon understanding among parties can sometimes be viewed as a cursory step in formalizing a business relationship. Yet the manner in which concepts are expressed on a page is often as important as the concepts themselves. Solid contract-drafting skills are therefore essential tools to any professional who deals with transactions or business relationships. Unfortunately, although contract counterparties might have the best of intentions, many contracts - even those drafted by experienced attorneys and those relating to the most prominent of transactions - are plagued with ambiguities, inconsistencies, unintended imprecision, and “bloat” from rhetorical emphasis, rendering them confusing, risky, and potentially very costly. This course is designed to convey fundamental - but often unconsidered - principles to assist both newly admitted and seasoned attorneys with drafting, analyzing, and interpreting contracts. Unlike many other contract-drafting courses, this course focuses on the manner in which concepts are expressed in a contract, rather than the substance of any provision or contract in particular.

the importance of language in contracts
categories of contract language (including language of performance, obligations, prohibitions, discretionary language, representations, acknowledgments, and language of policy)
the distinction between shall, will, and must
conditional language
language of exception and subordination
the concept of deemed
references to time
ambiguities associated with and and or
legal archaisms

Patent Law Institute 2013 (7th Annual)

Tue, 02 Apr 2013 07:00:00 GMT

The Institute is designed to be of ultimate practice value to all three subgroups in the patent law community: patent prosecutors, patent litigators, and strategic/transactional lawyers. The two-day schedule includes seven plenary sessions of interest to all patent lawyers and five breakout sessions in each of the three subgroups.

You design the two-day schedule that best meets your professional needs.

Do not miss this unique opportunity to sharpen your practice skills and network with federal judges, USPTO officials, in-house counsel and outside patent lawyers.

Plenary sessions include:

Keynote Address by Hon. Margaret A. (Peggy) Focarino, Commissioner of Patents
A dialogue with prominent members of the bench and bar, including former Federal Circuit Chief Judge Paul R. Michel
Key buyers, sellers and brokers of patent assets divulge inner workings of the patent marketplace
U.S. District Court judges provide insight on patent law and litigation
The practice impact of the America Invents Act, and recent Supreme Court and Federal Circuit decisions
Corporate counsel discuss critical issues that keep them awake at night

Plus customize your Institute by choosing from 15 breakout sessions!

Prosecution Breakout Track: three sessions focused on the avalanche of USPTO rules implementing the America Invents Act (AIA) and other important PTO actions; and two sessions focused on the AIA and chemical and biotechnical patent prosecution. This year, and until further notice, the USPTO is all about AIA implementation. You can expect many on-the-fly adjustments as to AIA implementation, so this is your chance to be current across the board.

Litigation Breakout Track: containing patent litigation costs; developments in pharma and biotech patent litigation; advice from the bench; litigating against non-practicing entities; and developments in patent damages.

Strategic/Transactional Breakout Track: hear about key issues concerning patent standards and “essential patents”; patent-eligible subject matter in view of Prometheus and its progeny; joint infringement from attorneys involved in Akamai and other key decisions; and hot tech transfer topics affecting your practice.

Special Features

Patent system perspectives from industry and a District Court judge
Earn one hour of Ethics credit!

How to Read Financial Statements 2013

Wed, 03 Apr 2013 04:00:00 GMT

Financial statements provide great insight into the financial activities of a corporation. For some corporations, these statements may be complex and can require extensive review. Attorneys are often involved in negotiating, structuring, or litigating matters where understanding a corporation’s financial statements is an essential element of the overall engagement.

At this practical half-day event, a distinguished panel of experts will provide a primer for understanding and interpreting the three primary financial statements: balance sheet, income statement, and cash flow statement. Among other things, the panelists will discuss key elements that all attorneys should be aware of when encountering these financial statements in the course of common corporate transactions and in litigation.

How to read, understand, and analyze balance sheets, income statements, and cash flow statements:
- Identify the asset, liability, and equity sections of a balance sheet
- Learn how to calculate EBITDA and free cash flow
- Understand the importance of operating cash flow
Evaluate key ratio and income metrics, including EBITDA margins and leverage ratios
Analyze financial metrics and qualitative factors that can be potential warning signs, where more in depth investigations may be required

Appellate Advocacy 2013

Wed, 03 Apr 2013 04:00:00 GMT

Appellate Advocacy will give you real-world insight into effective appellate advocacy. You will learn about all aspects of the appellate process, from things to do (and not to do) in the trial court, to strategies and techniques for persuasive brief writing and oral argument, to the rehearing and certiorari processes. You will also hear the "View from the Bench" - what judges find persuasive and effective.

Strategic choices ,and common issues to watch for, in the trial court
How to be an effective advocate - both in brief writing and in oral argument
The rehearing and certiorari process
The View from the Bench: effective appellate advocacy from the judicial perspective

Advanced Licensing Agreements 2013

Thu, 04 Apr 2013 04:00:00 GMT

Licensing transactions are more complex than ever. The constantly evolving legal, regulatory and technical landscape drives the need to stay current in all of these key areas. Whether utilized to develop technology, expand or create market opportunities, or generate returns from existing assets, managing complex licensing transactions requires a broad and varied toolkit. Additionally, whether licensing patents, copyrights, trade secrets or trademarks, the ability to structure, draft and negotiate complex license agreements is critical to a successful transaction. This program is designed to address some of the more complex and practical issues that arise in drafting and negotiating IP licenses, as well as provide tips for specific industries. This program will feature updates on current legal developments, present case studies highlighting best practices, provide tactics for negotiating frequently contested issues, and provide guidance on identifying and avoiding common pitfalls, keeping the relationship on track, litigation planning and avoidance, and addressing ethics concerns. The speakers will illustrate both outside counsel and in-house perspectives.

Best practices for patent and technology licensing
Pointers for strategic alliances and other joint development agreements
Guidance on copyright, content, and trademark licensing
Software licensing and open source issues
Navigating issues in life sciences licensing
Mastering effective negotiation strategies
Treatment of IP licenses in bankruptcy
Addressing international licensing issues
Practice tips for rights of publicity licensing
Accounting for litigation risks
Case law update
Special considerations raised by cloud computing

Special Features

New: Indemnification
Breakouts to meet your practice needs
In-depth panel discussion of a complex technology license
In-depth mock negotiation of a complex content license
Earn one hour of Ethics credit

Social Media for Non-Profit and Public Interest Organizations 2013 (Free; NO CLE)

Thu, 04 Apr 2013 07:00:00 GMT

With the growing focus on social media in the legal profession, smart non-profits and public interest organizations are cultivating a robust social media presence. Learn how to stay on the forefront of this new technology and harness the potential of social media to grow your donor and volunteer base and expand your organization’s footprint.

Entering the social media landscape
How to efficiently and effectively integrate social media tools into your organization
Tools to recruit volunteers and promote cases
Introduction to social fundraising
Cutting edge technologies and what’s to come

USPTO Post-Grant Patent Trials 2013

Wed, 10 Apr 2013 04:00:00 GMT

Post-grant patent proceedings were pursued in record number at the USPTO in 2012. The substantial costs and uncertainty of patent litigation require the development of alternative case management strategies, which at least require consideration of challenging patents at the USPTO. To this end, patent reexamination remains a viable alternative to costly litigation or parallel path to enhance litigation positions. Yet due to the public outcry for even more robust USPTO post issuance proceedings, the America Invents Act (AIA) introduced entirely new options such as Post-Grant Review, Inter Partes Review (which replaced inter partes patent reexamination), Derivation Proceedings, and a special post-grant review for Covered Business Method patents. Going forward into 2013, it is anticipated that the USPTO will become an even more prominent battleground for patent disputes.

Potential benefits of post-grant patent challenges to defendants include:

Provide an opportunity to stay a concurrent litigation
Provide a low-cost alternative to district court and/or ITC litigation
Facilitate settlement on terms favorable to the defendant
Create an intervening rights defense
Create additional file history that provides new non-infringement and/or estoppel theories
Demonstrate objective evidence of a lack of willfulness
Lessen the probability of injunctive relief
Demonstrate the “but for” materiality of references applied in an inequitable conduct defense
Undermine or prevent damage verdicts with a USPTO invalidity ruling
Provide an additional basis on which to obtain a stay of judgment pending appeal

The program is taught by a faculty of judges, preeminent lawyers, and industry leaders who have earned national reputations in patent litigation and in post-grant proceedings at the USPTO.

The program focuses on the role of post-grant USPTO proceedings as component of a litigation strategy, including pre-trial and post-trial options. Although the course will focus on strategic considerations, common procedural traps for the unwary will also be identified. The relative advantages and disadvantages of the various proceedings are explained both from the perspective of the Patentee and Third Party. Perspectives of the judiciary are presented, including case studies of well-known disputes. Insight to the organization, operation and procedures of the USPTO’s Patent Trial and Appeal Board, Central Reexamination Unit, and Office of Patent Legal Administration are discussed.

The Ethics Game Show: Matrimonial and Family Law Edition 2013

Thu, 11 Apr 2013 04:00:00 GMT

The field of matrimonial law is fraught with ethical pitfalls, and understanding potential dangers is essential to practicing effectively. Matrimonial attorneys must deal with a wide range of highly sensitive and personal matters, and must be particularly mindful of ethical obligations to clients, courts and third parties. This is undoubtedly why matrimonial cases have provided some of the most memorable ethics teaching moments.

Join us to match wits with our all-star panel as you play the Ethics Game Show: Matrimonial Edition. Chair Jeremy R. Feinberg and our expert faculty will review hypotheticals culled from some of the most outlandish matrimonial cases recently reported. What did those attorneys do? What would you do? What do the experts say you should do? Test your knowledge of the pertinent ethical rules as you match wits with our expert faculty, and contestants.

Hear about:

Confidentiality
Candor to the Court
Inadvertent disclosure
Third party communications

Nuts & Bolts of State and Local Tax 2013

Thu, 11 Apr 2013 04:00:00 GMT

State and local taxation has become increasingly important. The state and local tax liabilities of many companies exceed their federal tax liabilities.

PLI is delighted to present this essential program in which leading state and local tax experts will describe basic principles of state and local taxation and explore cutting-edge issues, developments and trends.

Basic principles of corporate and personal income and sales taxation
How to structure businesses so as to minimize state and local tax
How to structure mergers, acquisitions, and business reorganizations so as to minimize state and local taxes
How to address emerging tax issues resulting from on-line business operations and the Internet

Developments in Pharmaceutical and Biotech Patent Law 2013

Mon, 15 Apr 2013 04:00:00 GMT

Pharmaceutical and biotech patent law is an important and rapidly changing practice area, and the program is designed to give you the information you need to maintain your practice edge, concentrating on new developments from 2012 and placing them in the context of constantly evolving areas of the law.

Technological innovation, Federal Circuit appellate oversight, and Supreme Court decisions continue to drive significant changes in the law. Several different perspectives on many of the most pressing issues will be offered from very experienced practitioners.

Do not miss this opportunity to fully understand the impact of new appellate decisions on your pharmaceutical and biotechnology patent practice.

The PTO’s rules for implementing the new procedures of the America Invents Act
Top pharmaceutical and biotech decisions from 2012
Biosimilars: the approval process, data exclusivity and patent litigation
Recent Supreme Court decisions and its continued focus on patent law
Evolution of the Federal Circuit’s approach to claim construction and what it means in pharmaceutical and biotech cases
Evolution of the Federal Circuit’s approach to claim construction and what it means in pharmaceutical and biotech cases
An in-house counsel perspective on litigation of ANDA and biotech cases
Biotech and Pharma licensing in Asia

Pension Plan Investments 2013: Current Perspectives

Tue, 16 Apr 2013 04:00:00 GMT

Experienced practitioners in the area of pension investment law, together with senior representatives of the Department of Labor, will give their perspectives and illuminate issues on current topics and recent developments. Continued statutory, regulatory, and market changes ensure a full agenda of new developments to be debated and analyzed by the panelists. The Dodd-Frank financial reform legislation brought a new regulatory structure for pension investment activities in the derivatives markets that raises substantial uncertainties for a broad group of investment products and compliance issues for plan fiduciaries. Keeping abreast of these developments and staying current on new ERISA case law, enforcement actions, and ordinary course investment practices is critical.

Department of Labor perspectives on developments relating to prohibited transaction exemptions, and compliance and litigation priorities
Legislative and regulatory developments, including developments concerning pension plan transactions in derivatives; fiduciary status; the provision of services; and reporting requirements
Current investment fund issues, including structuring a plan asset hedge fund
Conflicts and the use and utility of information barriers
401(k) plan investment and administration issues
Core financial institution issues

California Public Benefits: The Basics for Non-Profit and Pro Bono Advocacy 2013 (Free)

Tue, 16 Apr 2013 07:00:00 GMT

Low-income clients need your help to protect their rights to potentially life-saving benefits. Many low-income clients have difficulty navigating the confusing and bureaucratic process to establish and maintain eligibility for public benefits. Without legal assistance and advocacy large numbers of clients go without the benefits to which they are entitled, which can often lead to unnecessary hunger and homelessness. All attorneys who work with low income people should learn the basics of public benefits law and this course will teach the tools you need to assist clients with their public benefits legal issues.

Overview of CalWORKs, CalFresh, General Assistance, Foster Care and other youth benefits
Overview of Medi-Cal and other health benefits, including implementation of the Affordable Care Act
Overview of Social Security Disability Insurance, Supplemental Security Income, and CAPI
Understanding of common issues that result in Administrative hearings
Understanding of strategies and procedures for filing writs

Government Investigations 2013: The Role of Electronic Information in Investigation and Response

Thu, 18 Apr 2013 04:00:00 GMT

Organizations create and store a growing volume of information on a daily basis. That information is used in all facets of an organization’s business. When government regulators seek access to that information, many questions can arise. Exactly what information might the government seek? What limits, if any, are there on the government’s request for electronically stored information? How might electronic information be reviewed prior to production and, when the review is completed, how might that information be produced? How are privileges and confidential information protected during an investigation? How can an organization negotiate effectively with the government over the production of electronic information?

Our faculty, which includes judges, regulators, and counsel experienced in government investigations, will answer these questions as they address the cutting-edge issues involved in how the government may seek, produce, and use electronic information in investigations.

What triggers a government investigation
What information the government may demand
What limitations, if any, exist on the scope of government investigations
What matters related to electronic information (including the “cloud” and social media) interest regulators
What forms of electronic information federal agencies may seek
What standards, if any, exist for production
Cooperation or conflict? Which response might be most - and least - effective in responding to government requestsfor electronic information
How an organization should negotiate with the government over the production of ESI

Catastrophe and the Law: What Lawyers Need to Know to Advise Clients to Prepare and Respond to Disasters 2013

Thu, 18 Apr 2013 04:00:00 GMT

Superstorm Sandy. Hurricane Katrina. Gulf of Mexico Oil Spill. 9/11. Disasters of extraordinary severity have occurred over the last several years. This PLI program will provide a detailed review of the many legal issues that affect clients as a result of a catastrophe. An understanding of these issues will help attorneys prepare their clients even before an event occurs, when drafting leases, real estate agreements or commercial contracts.
This program will provide the most up to date information to help attorneys advise their clients to prepare for and address the legal issues arising from a catastrophe. Among the topics to be covered are:

Mandatory evacuation orders and their consequences
FEMA, state and local emergency response measures
Municipal authority to condemn housing, remove debris and charge property owners
FEMA and other government benefits and services
Commercial and residential real estate litigation resulting from a disaster, including issues relating to the landlord’s duty to repair, lease termination, rent payment obligations, tenant abandonment and eviction, buyer/renter remorse, loss of utility service claims
Loss of certificate of occupancy, remedies and consequences, and rebuilding
Breach of contract claims arising from breaches caused by the disaster
Environmental claims, cleanup obligations and litigation
First responder health and safety issues
Disposal and recycling of construction and demolition materials, soil, mud, and sand; electronics; white goods; vehicles and marine vessels; building contents; biological wastes; chemicals and mixtures
Land use, zoning and other planning measures to encourage location-appropriate development

Understanding Employment Law 2013

Fri, 19 Apr 2013 04:00:00 GMT

Whether you are new to the field, seeking a quick refresher, or if your law practice only touches upon employment law issues, this jam-packed employment law primer is designed for you. An expert faculty will lead you through the major regulations and case law governing the employer/employee relationship and offer practical pointers ranging from hiring to firing and everything in between. In addition, the program will address certain key concepts of the law under the National Labor Relations Act (NLRA).

Review the major employment law statutes and regulations, (e.g. FLSA, ADA, ADEA, FMLA, WARN Act, OSHA, and GINA) and identify the agencies responsible for enforcing them and enforcement trends
Understand the common sources of discrimination in the workplace
Learn how to define the employer/employee relationship: employees vs. independent contractors, temporary and leased employees and explore joint employment issues
Consider common wage/hour concerns
Analyze the ADA/ADAAA and the accommodation process
Get the latest guidance on leaves of absence, including FMLA, ADA, military and other leave requests
Hear highlights of the law under the NLRA

Consumer Financial Services Institute 2013 (18th Annual)

Tue, 23 Apr 2013 04:00:00 GMT

On January 4, 2012, President Obama appointed Richard Cordray as the first Director of the Consumer Financial Protection Bureau (CFPB). Since that time, the CFPB has been involved in a whirlwind of regulatory, supervisory and enforcement activities. In addition to the CFPB, state and other federal regulators are pursuing initiatives focused on consumer financial services. This year’s Institute will explore in detail the Bureau’s activities as well as other developments in consumer financial services regulation and litigation.

Explore the ways in which the Dodd-Frank Act and the CFPB’s activities will affect your practice
Get tips on preparing for a CFPB examination and responding to a CFPB civil investigative demand
Study the latest regulatory and enforcement initiatives of federal and state regulators, including the CFPB, FTC, DOJ, OCC, FDIC, and state attorneys general
Identify the regulatory and litigation priorities of consumer advocates in the coming year
Understand the continuing implications of the U.S. Supreme Court ruling in AT&T Mobility v. Concepcion and the pending case, American Express v. Italian Colors for consumer arbitration agreements
Get updates on the latest class actions and state attorneys general lawsuits against financial services companies
Survey class certification and class action settlement developments

How to Prepare an Initial Public Offering 2013

Wed, 24 Apr 2013 04:00:00 GMT

Understanding the IPO process is an essential skill for both legal and business advisors. With the improvement in the markets, IPOs are happening with increasing frequency. In addition, last April, Congress enacted IPO “on ramp” provisions in the JOBS Act that made becoming a public company even easier for “emerging growth companies,” which represent almost 90% of the IPO market. If you have not worked on an IPO recently, now is the time to refresh and hone your skills and learn about changes in market practice as a result of the JOBS Act.

We have assembled a faculty of experts, including securities lawyers and litigators, an underwriter, and a member of the Securities and Exchange Commission staff. Each speaker will look at the offering from the perspective of his or her respective discipline as together they guide you through the initial public offering process.

How to get started, and on what to focus, during the planning stage
Drafting the registration statement, including reduced disclosure requirements for emerging growth companies under the JOBS Act
Drafting and negotiating the underwriting agreement and FINRA requirements
Due diligence responsibilities and liabilities of the participants
Negotiating the comfort letter and special accounting considerations
Dos and don’ts during the IPO “quiet period” and the ability now to “test the waters”
The SEC’s role in the IPO process, including its new confidential review process
How the JOBS Act has generally affected market practice

New York CPLR 2013

Fri, 26 Apr 2013 04:00:00 GMT

Every year, the New York Courts interpret, and re-interpret, the important procedural rules that govern litigation in New York State: the Civil Practice Law and Rules. One of the most important aspects of the procedural rules for litigators is the ongoing evolution of the law with respect to the very unforgiving statute of limitations. The Courts lack the power to extend the applicable statute, or to exercise discretion to assist a tardy plaintiff for good cause shown, or in the interest of justice; hence the great importance of staying abreast of developments in the law of statute of limitations. Other New York practice rules, while perhaps less draconian, are no less important. With each year come changes in the case law, and occasional statutory amendments, that any lawyer litigating in the State Courts must be aware of in order to practice effectively.

New and important cases on motions to dismiss and summary judgment
The Court of Appeals latest pronouncement on motions to dismiss for failure to prosecute, and what it portends
Significant case law on the statute of limitations, including malpractice issues and product liability
New cases - including two important U.S. Supreme Court decisions - on jurisdiction
Current disclosure issues - including important new decisions on electronic discovery
Recent cases on substitution, intervention and class actions
Case law on motion practice
An update - including a recent Court of Appeals decision and two CPLR amendments - on the law of pleadings

Private Placements and Other Financing Alternatives 2013

Mon, 29 Apr 2013 04:00:00 GMT

Join our expert faculty of leading practitioners and regulators as we analyze current developments in private placements and hybrid financing transactions, including changes brought about by the adoption of the JOBS Act. We will discuss the basics of private placements and other exempt offerings. We will discuss recent changes to Regulation D effected by the Dodd-Frank Act and by the JOBS Act. We will address how changes brought about by the JOBS Act and the relaxation of the prohibition on general solicitation affect basic integration principles. You also will learn about Regulation A+/Section 3(b)(2), crowdfunding, staying private, Rule 701, Rule 144 and tacking issues, Section 4(a)(1-1/2) transactions, block trades, and financings in close proximity to one another. We also will address Regulation FD and other disclosure and communications issues arising in connection with undisclosed offerings.

Basic framework relating to exempt offerings, including Section 4(a)(2) (formerly 4(2)) and Regulation D
Changes to Regulation D arising from the Dodd-Frank Act and the JOBS Act
General solicitation
Resales of restricted securities, including the application of Rule 144, tacking issues, Section 4(a)(1-1/2), and block trades
Changes to the accredited investor definition, verification of investor status, and the bad actor rule
Regulation A+/Section 3(b)(2) and crowdfunding
Staying private longer, the modified Exchange Act reporting threshold, and private secondary trading markets
Integration principles and addressing offerings conducted in close proximity
Applying private placement techniques in hybrid financings, including PIPE transactions, registered direct offerings, and confidentially marketed public offerings
Rule 144A offerings and changes brought about by the JOBS Act
The effect of Regulation FD on private placements by public companies
Stock exchange issues affecting private placements
Hedging restricted stock
Change of control and other investments in distressed companies

IP Monetization 2013: Maximize the Value of Your IP Assets

Tue, 30 Apr 2013 07:00:00 GMT

The rapidly evolving field of Intellectual property ("IP") monetization has become a core strategic consideration for many companies. On an increasingly regular basis, companies are considering, among other strategies, (i) the carve-out of IP assets in M&A and other strategic transactions, for sale in separate transactions, (ii) IP litigation financing, (iii) financing partners and vehicles for technology and IP development, (iv) international monetization strategies and (v) other emerging monetization and financing techniques to unlock the full value of their IP assets.

In addition to the above business developments, major legal developments continue to have a significant impact on IP monetization. The ongoing Smartphone patent wars are having a direct impact on IP monetization. In addition, based in part on the Smartphone wars, the Department of Justice and the Federal Trade Commission have taken a significant interest in how companies leverage patents, including through their litigation and IP monetization strategies. Moreover, the Supreme Court and Federal Circuit continue to issue opinions having a material impact on IP law.

As a result, a command of IP monetization, and continual updating of knowledge and skills in this area, is now required for corporate and intellectual property professionals.

IP Monetization 2013 is designed to help both those new to, and those already involved in, IP monetization get up-to-date on this exciting and fast-moving topic that is of increasingly critical importance to companies and investors alike.

In IP Monetization 2013, leading players from operating companies, investment and consulting firms will provide comprehensive updates on the latest IP monetization techniques, review key trends and developments, and discuss and analyze important recent transactions and other market developments. Additionally, attendees will learn the latest developments in IP/antitrust enforcement that impact IP monetization strategies, and receive valuable practical insights from both in-house and IP marketplace participants who discuss their IP monetization experiences and strategies.

The latest regarding IP monetization techniques and their impact on IP portfolios
The current state of the IP monetization marketplace, including emerging strategies and techniques employed by market players, and an in-depth look at the most critical developments and trends in IP monetization
Key considerations for implementing a successful IP monetization program in the current environment, from top experts with significant experience in executing such programs
Important factors in considering IP litigation financing, a tool increasingly used by IP owners to leverage their IP assets
The impact of recent Supreme Court and Federal Circuit decisions affecting IP monetization strategies
An overview of key IP/antitrust considerations impacting IP monetization, as the DOJ and FTC bring increasingly significant attention to IP monetization
Perspectives from academic studies analyzing the impact of IP monetization
Valuable insights and tips from across the entire spectrum of IP monetization players, including in-house lawyers and IP managers, IP investors and aggregators, and brokers, consultants and other intermediaries
Insights into emerging trends material to IP monetization strategies

School Law Institute 2013 (13th Annual)

Tue, 30 Apr 2013 04:00:00 GMT

To effectively represent parents, students, and school districts, practitioners must continue to develop and expand their understanding of the most recent developments in case law, and keep abreast not only of legislative and regulatory changes, but even technological changes as they affect schools and governing laws.

At PLI’s 13th Annual School Law Institute, an expert faculty will examine significant new developments in education law and policy, as well as the implications of these developments for your clients.

Bullying of children with disabilities
Issues impacting Lesbian, Gay, Bisexual and Transgender Youth in our nation's schools
The most recent Individuals with Disabilities Education Act (IDEA) and Section 504 decisions and significant issues impacting special education practice
Student privacy rights
Ethical challenges facing school law attorneys

Elder Law Institute 2013 (25th Annual)

Wed, 01 May 2013 04:00:00 GMT

The 25th Annual Elder Law Institute presents current legal topics that are of importance to your older clients, and all your younger clients with aging parents. Many of the subjects covered this year focus on planning for incapacity, paying for health care, and maintaining the legal autonomy and dignity of your aging clients. The subject of elder law is becoming a part of every practice - we cannot stop the aging process, nor the reality that we live longer and that the problems and programs that the elderly rely on become more complex.

New developments in the elder law field, including a review of new legislation
The Health Care Reform Act and how it impacts on elder law
Basic introduction to the nuts and bolts of Medicaid eligibility
Major changes in the delivery of Medicaid home care services under the newly expanded Medicaid Managed Long-Term Care (MLTC) program
Ethics in elder law - understanding the unique ethical boundaries when dealing with older clients and their families

First Annual Institute on Corporate & Securities Law in Hong Kong 2013

PLI has offered the most comprehensive continuing legal education seminars in the United States for more than eighty years, primarily in New York City, San Francisco, Chicago and Washington, D.C. Based on our success in the U.S., PLI expanded to London and have been offering our Institute on Securities Regulation for more than twelve years. We are excited about our expansion into Asia and invite you to join us in April.

Our First Annual Institute on Corporate & Securities Law in Hong Kong 2013 will feature a faculty composed of leading legal and business practitioners active in the Asian, U.S. and U.K. corporate and securities law fields, as well as key government regulators, prominent investment bank professionals and distinguished general counsel who will provide timely, practical guidance on the most critical issues facing corporate and securities law practitioners today. Attend this program to gain clarity and unique insight into current business and legal climates, and receive up-to-the-minute guidance on the latest corporate and securities law developments, including regulatory and enforcement initiatives. Learn from our experts the best practices for serving your clients and corporations most effectively.

Regulatory Overview and Update: A complete analysis of the latest corporate and capital markets regulatory developments in Asia, the U.S. and the U.K.
Market Overview: A review of key developments in and important differences among listing regimes; a discussion of the treatment of shareholders across borders; JOBS Act implications for foreign issuers; and issues arising as a result of foreign currency controls.
Private Equity and Hedge Funds: Explore the best options for issuing equity without triggering compliance with takeover regimes; Approaches to taking private and recent activity; PIPEs in the context of Asian markets; Fund formation; and Changes in the regulation of investment advisers under Dodd-Frank.
Debt Markets: Learn about the impact of developments in the U.S. and EU on Asian debt markets; Current trends; and New products.
Mergers & Acquisitions: Examine recent M&A structures and processes in Hong Kong; Outbound M&A by Chinese corporates; Hostile M&A considerations in an Asian context; Spinoffs in compliance with Hong Kong rules; Pitfalls, Competition law and Other red flags.
Capital Markets: Evaluate the new Hong Kong sponsor regime; consider recent new deal activity, including hot issues in various frontier economies; Compare and contrast common practices in India, China, Korea and Singapore.
Corporate Governance Issues: Understand the impact of U.S. and U.K. proprietary trading laws on corporate governance; Director liability considerations; best practices or box ticking - a consideration of U.S. and U.K. developments and their adoption in Asian markets.
In-House Counsel Roundtable: Gain inside insight into the issues that keep General Counsel up at night and how in-house counsel are coping with the complexities of global operations.
Enforcement Issues Today: Analyze current U.S., U.K. and Hong Kong enforcement efforts including U.K. Bribery Act and FCPA enforcement practices; The impact of OFAC on doing business in Asia; and Insider trading in the U.S., U.K. and Hong Kong.

Special Features

All-new PLI program!
Keynote addresses by Ashley Alder, Chief Executive Officer, Securities and Futures Commission and David Graham, Chief Regulatory Officer and Head of Listing, Hong Kong Exchanges and Clearing Limited
Earn CLE, CPE, CPD - Hong Kong, CPD - United Kingdom, CPD - British Columbia, CPD - Ontario and CPD - Toronto credit, including one full hour of Ethics credit

Advanced Trademark Law Annual Review 2013

Thu, 02 May 2013 04:00:00 GMT

Up-to-date knowledge of current trends and case law involving trademarks is essential for corporate and law firm attorneys who specialize in, or often find themselves involved in, this critical area of intellectual property. The 2013 Advanced Trademark Law Annual Review brings together an outstanding faculty of practitioners and industry experts who will provide up-to-date developments in trademark law and practice. This seminar is also noted for presenting topics emphasizing practical skills.

Overview of important 2012-2013 federal court and TTAB trademark decisions
Is time of the essence? Laches in trademark actions
Insurance coverage in trademark litigation
Advanced trademark prosecution
Can a trademark have two owners? Ownership and title issues in trademark litigation and other proceedings
The new gTLDs are here: practical steps trademark owners should take to protect their marks
Contributory trademark infringement

Fri, 03 May 2013 04:00:00 GMT

Copyright law has become an increasingly complex area in the face of new technologies and new ways of doing business. To help you keep up-to-date and provide the sophisticated, pragmatic legal advice your clients expect, PLI has brought together a group of leading experts on copyright law. The speakers at this advanced seminar will address critical issues in copyright law, drawing on their extensive experience and judgment.

Current issues will be examined in the contexts of developed law, and proposals and prospects for future change. Important litigation and licensing issues will be reviewed, as well as the impact of new technology, fair use developments, and other major issues. The faculty will invite and answer questions to be sure those attending the program receive information relevant to their practice.

Fair use: can the riddle be solved?
Kirtsaeng v. Wiley: will the Supreme Court resolve the first sale doctrine?
Has copyright law become “contractualized”?
What reforms does the Copyright Act need for the years ahead?
Does the DMCA need retooling?
What are the latest litigation developments?
What are the key international fair use developments?
What are the key issues in art law?
What are the issues for copyright enforcement in the Internet age?

International Estate & Tax Planning 2013

Tue, 07 May 2013 04:00:00 GMT

Individuals with connections to more than one country - international private clients - need sophisticated succession and tax planning advisors to help them navigate a complex and sometimes treacherous legal, tax and regulatory environment. These clients include U.S. persons with assets or beneficiaries outside the United States, as well as non-U.S. persons with U.S. connections. Their advisors must view a client’s specific circumstances from a multijurisdictional perspective. To do this effectively, advisers need to understand the interplay, both within and between countries, of income taxes, estate and gift taxes, marital property and inheritance laws, immigration and nationality laws, anti-money laundering and other financial regulations, tax and non-tax reporting requirements, the use (and sometimes abuse) of entities and arrangements such as companies, trusts and foundations, and the principles of conflict of laws. These factors must be addressed in an increasingly transparent environment created by recent unilateral and inter-governmental initiatives in tax enforcement and disclosure. You should attend this program to strengthen your understanding and expand your perspective of the fundamental and cutting-edge issues in estate and tax planning for international private clients.

An understanding of the fundamental concepts and issues in multijurisdictional succession and tax planning for private clients with international interests or connections
How current trends in inter-governmental cooperation (such as the Foreign Account Tax Compliance Act, the Financial Action Task Force and the Global Forum) are affecting international private clients and their advisers
An update on recent tax legislation and legislative proposals affecting international private clients
How to plan for the acquisition, use and disposition of personal use residential property in the U.S. by non-U.S. persons, and vice-versa
How civil law entities such as foundations compare with common law trusts, and the potential advantages and disadvantages of each
What U.S. tax and non-tax reporting requirements apply to U.S. persons with foreign assets or interests in foreign entities
How domestic and foreign trusts are used in international estate and tax planning, and how settlors, trusts and beneficiaries are taxed in each case
How to determine when an individual is a U.S. person (citizen or resident) or a nonresident alien, and the resulting U.S. tax and immigration law consequences of each status

Basics of Mutual Funds and Other Registered Investment Companies 2013

Wed, 08 May 2013 04:00:00 GMT

This program is designed to provide attendees with a basic overview of the legal, regulatory and operational issues affecting “registered investment companies” – the universe of publicly offered pooled investment vehicles that include mutual funds, closed-end funds, exchange-traded funds (“ETFs”) and others. Attendees will learn the fundamentals of the extensive regulatory framework that dictates the structure and operations of retail investment funds as well as hot topics and developments affecting this $13 trillion industry. A distinguished faculty of practitioners and regulators, including current and former SEC officials, will offer insights into recent proposals that could result in the potential overhaul of regulations governing money market funds and the SEC examination process plus recent litigation and enforcement decisions.

The history of registered fund regulation
How funds are created, managed and sold
The extensive variety of publicly-offered funds, including money market funds, mutual funds, closed-end funds, exchange-traded funds and variable insurance products
Practical tips on how funds are structured registered and offered
Inherent conflicts of interest - and how they are addressed
How regulators monitor the industry

Handling a Securities Case 2013: From Investigation to Trial and Everything in Between

Thu, 09 May 2013 04:00:00 GMT

The landscape of securities litigation is constantly evolving and changing. This program takes you through all the issues that arise in even the most complex securities matters - from the initial government investigation to the filing of the civil cases to either settlement or trial. If you practice in this dynamic field, you know that the need to stay current and develop new strategies and tactics has never been more important. Our faculty of leading practitioners, government officials, and judges will update you on the latest best practices and case law.

How to approach the initial investigation and work with state and federal regulators in the interests of your clients
How to assess the civil complaints and coordinate multi-district actions
How to litigate the case through the pleadings, discovery, class certification and summary judgment
How to approach mediation and settlement of a securities action
How to try a securities litigation or arbitration
How to approach and assess ethical issues associated with complex securities litigation

Enforcement 2013: Perspectives from Government Agencies

Fri, 10 May 2013 04:00:00 GMT

We continue to see unprecedented changes in our economic, business and regulatory regimes in general, and in enforcement efforts in particular. This unique program brings together panels of senior staff from the various enforcement and regulatory agencies, including the U.S. Commodity Futures Trading Commission, FINRA, U.S. Securities and Exchange Commission, U.S. Attorney’s Office, U.S. Department of the Treasury, U.S. Department of Justice, Federal Reserve Bank of New York, Public Company Accounting Oversight Board, Consumer Financial Protection Bureau, and Office of Foreign Assets Control, moderated by a law firm enforcement practitioner, to discuss agency priorities, how the agencies are working together, and offer best practices for today’s rapidly changing enforcement environment.

Enforcement priorities of federal and state regulators and law enforcers
What are the agencies thinking about, what are they focusing on, how are they working together and how do you need to work with them?
Changes in practice, and practical ways to deal with those changes
Practical implications of dealing with multi-agency investigations
Hot topics in enforcement: the agencies’ perspectives for 2013
Legal developments in the enforcement space: hear a review of important enforcement decisions from the past year
How will new rules and statutes affect your practice?
Regulatory agenda - what’s on the horizon
Ethical issues in enforcement: earn one hour of Ethics CLE credit

Special Features

Perspectives from various government enforcement agencies on each panel
One full hour of Ethics CLE credit

The Foreign Corrupt Practices Act and International Anti-Corruption Developments 2013

Fri, 17 May 2013 04:00:00 GMT

Enforcement under the Foreign Corrupt Practices Act (“FCPA”) continues as a critical priority for both the DOJ and the SEC. Recent FCPA enforcement actions and disclosures demonstrate that no industry is immune from FCPA scrutiny, and FCPA sweep investigations across industry sectors are becoming more common and challenging. Beyond the FCPA, an increasing number of countries, as well as international organizations, are ramping up anti-corruption enforcement and adding to the complexity of legal compliance. This program, taught by a faculty of leading practitioners and government regulators, will give you the background and tools you need to spot the issues early, develop workable risk management processes and implement effective compliance programs.

The latest legal developments, and how they will affect you
Enforcement trends going forward: new theories of liability, targeted industries, international trends
Understanding new FCPA guidance from the U.S. government
World Bank anti-corruption enforcement
Investigative insights from key jurisdictions
Responsibilities of directors for anti-corruption programs and investigations
Practical tips and best practices for in-house counsel in dealing with critical FCPA issues
How to manage risk in various third-party relationships and corporate acquisitions

New Developments in Residential Loan Servicing: State, Federal and Programmatic Laws, Regulations and Standards 2013 (Free)

Mon, 20 May 2013 07:00:00 GMT

The rules of the road for residential mortgage servicing have changed significantly since the crash in 2008. Since then, a wide variety of agencies, including Congress, federal banking regulators, state attorneys general and the California legislature, have all sought to improve loan servicers’ practices, particularly in connection with the loss mitigation process. The result is a series of overlapping rules, laws and regulations – from the Dodd-Frank amendments to the Real Estate Settlement Procedures Act to the National Mortgage Settlement to the new California Homeowner’s Bill of Rights – that can be difficult to navigate. Attend this training for an in-depth look at what’s new and what’s different, including an update on recent rulemaking by the Consumer Financial Protection Bureau. Practitioners will review significant developments and discuss how to identify and address loan servicing abuses.

Latest developments in loan modification and other loss mitigation programs available to borrowers
Regulation of the loss mitigation process under California’s new Homeowner Bill of Rights, the National Mortgage Settlement, the Making Home Affordable program and GSE servicing guidelines
The Dodd-Frank amendments to RESPA’s loan servicing rules and the CFPB’s new loan servicing regulations scheduled to go into effect in January 2014
How to identify, analyze and address loan servicing abuses

Working with Immigrants: The Intersection of Basic Immigration, Housing, and Domestic Violence Issues in California (Free)

Tue, 28 May 2013 07:00:00 GMT

You should attend this training if you would like to provide pro bono services to immigrant clients in the areas of housing, immigration, or domestic violence or you would like to improve your representation of immigrant clients generally. Many immigrant clients require assistance with a constellation of related yet distinct issues. This day-long program attempts to address these particular areas of overlap. Experienced practitioners in the areas of immigration, family law, and housing will share their expertise by providing insight into cultural issues that arise when working with immigrant clients, how these areas of law overlap to provide special protections and remedies to immigrants and domestic violence survivors, and how immigration status impacts eligibility for federally subsidized housing.

Cultural competency issues to be aware of when working with immigrant clients generally and specific issues that arise in housing and domestic violence cases.
What is domestic violence and how does it impact immigrant communities.
How immigration status affects eligibility for federally subsidized housing.
Fair Housing laws that protect immigrants and domestic violence survivors.
Special housing protections for domestic violence survivors in the Violence Against Women Act and other California laws.
What family law issues are implicated when working with immigrant survivors of domestic violence.
How to get your client legal immigration status based on domestic violence.

Global Trademark Search and Application Workshop 2013

Wed, 29 May 2013 07:00:00 GMT

Join a faculty of domestic and international legal experts as they provide practical guidance for the trademark search and application process in the U.S. and abroad. Using real-world examples, this practice-based, hands-on workshop will get attendees involved and provide takeaway tips that can be put into use in daily practice immediately. Learn about the differences and similarities of differing search strategies here and abroad using interactive techniques and explore the application process and beyond.

Case study: Learn concrete tips and practice points for searching in the U.S. and abroad
Application filing strategies, domestic and foreign