eConference

2016 Corporate Counsel eConference

Contains material from Apr 2016 to May 2016

2016 Corporate Counsel eConference
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The 38th Annual Corporate Counsel eConference offers in-depth, practical discussions on legal issues for in-house counsel and outside counsel who represent companies of all sizes.

2016 program highlights include:
  • Analysis of Ethics and Risk Allocation Between In-House and Outside Counsel with John M. “Jack” Tanner, Fairfield and Woods, P.C., Denver, CO.
  • Effective strategies for balancing the risks and benefits of software as a service (SAAS) and cloud computing, including tips for contract negotiation.
  • Insight into Internal Investigations and the Compliance Function, including practice tips, steps for effective compliance, and possible outcomes of ineffective policies.
  • Lessons Learned from Trial, featuring highly acclaimed lawyers and judges sharing what works, what doesn’t, and what to do when your company is involved in litigation.
  • Practical tips on building an effective code of conduct, protecting trade secrets, and complying with preservation obligations.

Includes: Audio Paper Slides


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1. Whose Employee Is It, Anyway? (Apr 2016)

Gary D. Eisenstat, Charlene Tsang-Kao

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(mp3)
48 mins
(pdf)
55 pgs
Session 1 —48 mins
Whose Employee Is It, Anyway? (Apr 2016)

Companies increasingly label their workers as independent contractors rather than employees. But is this classification really proper? Explore the perils and pitfalls associated with this trend, as well as recent developments under the joint employer doctrine where multiple entities may dictate the activities of workers at a common site or performing a common task. 

Originally presented: Apr 2016 Corporate Counsel Institute

Gary D. Eisenstat, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. - Dallas, TX
Charlene Tsang-Kao, Chevron - Houston, TX

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2. FLSA Update (Apr 2016)

Robert E. Sheeder

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(mp3)
28 mins
(pdf)
40 pgs
(pdf)
15 pgs
Session 2 —28 mins
FLSA Update (Apr 2016)

Developments in the Fair Labor Standards Act may significantly affect your bottom line. From large collective actions seeking unpaid work time and overtime for thousands of nonexempt employees to developments affecting white-collar employees and the employment status of independent contractors, explore the implications of today's FLSA for in-house and outside counsel.

Originally presented: Apr 2016 Corporate Counsel Institute

Robert E. Sheeder, Bracewell & Giuliani LLP - Dallas, TX

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3. Federal Contractor—Who, Me? (Apr 2016)

Shafeeqa Watkins Giarratani

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(mp3)
28 mins
(pdf)
9 pgs
Session 3 —28 mins
Federal Contractor—Who, Me? (Apr 2016)

Who is now considered a federal contractor (you may be surprised!), updates on federal contractor obligations, and recent Office of Federal Contract Compliance Programs (OFCCP) regulations and executive orders.

Originally presented: Apr 2016 Corporate Counsel Institute

Shafeeqa Watkins Giarratani, Norton Rose Fulbright - Austin, TX

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4. Emerging Trends in Insurance for 2016—Are You at Risk? (Apr 2016)

Mariah Quiroz, Micah E. Skidmore

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(mp3)
34 mins
(pdf)
10 pgs
(pdf)
17 pgs
(pdf)
13 pgs
Session 4 —34 mins
Emerging Trends in Insurance for 2016—Are You at Risk? (Apr 2016)

Hear from coverage counsel for policy holders and insurance carriers on whether traditional policies keep pace with 21st-century risks and review developments in insurance products for cybersecurity and employment practices.

Originally presented: Apr 2016 Corporate Counsel Institute

Mariah Quiroz, Thompson Coe - Dallas, TX
Micah E. Skidmore, Haynes and Boone, LLP - Dallas, TX

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5. Cybersecurity in Crisis: How to Prepare for and Manage a Data Breach (Apr 2016)

John E. Ansbach, Rachel Ratcliff

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(mp3)
46 mins
(pdf)
24 pgs
Session 5 —46 mins
Cybersecurity in Crisis: How to Prepare for and Manage a Data Breach (Apr 2016)

According to a recent ACC study, one in three in-house counsel reports that their companies have experienced a data breach, while more than half expect their legal department’s role in cyber matters will increase in 2016. Learn more about lawyers’ roles in cybersecurity—including how to help organizations prepare for and manage a data breach—with a focus on training, awareness, consumer‑side and non‑consumer‑side breaches, indemnification strategies, and the use of confidentiality agreements.

Originally presented: Apr 2016 Corporate Counsel Institute

John E. Ansbach, General Datatech - Dallas, TX
Rachel Ratcliff, Stroz Friedberg - Dallas, TX

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6. The Business of Social Media (Apr 2016)

Kin Gill, Nicholas Campbell, Stephen E. Stein

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(mp3)
51 mins
(pdf)
26 pgs
(pdf)
16 pgs
Session 6 —51 mins
The Business of Social Media (Apr 2016)

How are social media assets created and transferred? How are “visits” and “hits” measured and valued? Investigate the business of social media with profiles of prominent social media companies and get insight into many of the products in the social commerce space that help companies collect and make use of consumer-generated content.

Originally presented: Apr 2016 Corporate Counsel Institute

Kin Gill, Bazaarvoice, Inc. - Austin, TX
Nicholas Campbell, Bazaarvoice, Inc. - Austin, TX
Stephen E. Stein, Thompson & Knight LLP - Dallas, TX

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7. Apples to Apples: Getting Comparative Advertising Right (Apr 2016)

Slade S. Cutter

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(mp3)
32 mins
(pdf)
11 pgs
Session 7 —32 mins
Apples to Apples: Getting Comparative Advertising Right (Apr 2016)

Comparing a company's products and services to those of a competitor is one of the most persuasive forms of advertising. It is also one of the most contentious. Learn the dos and don'ts of comparative advertising, as well as some tips for pursuing and defending false advertising claims in this context.

Originally presented: Apr 2016 Corporate Counsel Institute

Slade S. Cutter, Wittliff | Cutter PLLC - Austin, TX

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8. Public Filings 101 (Apr 2016)

Harry R. Beaudry, Pamela L. Taylor

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(mp3)
45 mins
(pdf)
18 pgs
Session 8 —45 mins
Public Filings 101 (Apr 2016)

Review the essential securities filings required of public companies and chart a road map for navigating the filings calendar.

Originally presented: Apr 2016 Corporate Counsel Institute

Harry R. Beaudry, Mayer Brown LLP - Houston, TX
Pamela L. Taylor, Noble Energy, Inc. - Houston, TX

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9. So You’ve Been Sued: What Do You Need to Do Now? (May 2016)

Daniel C. Bitting, Cynthia L. Saiter

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(mp3)
46 mins
(pdf)
20 pgs
(pdf)
16 pgs
Session 9 —46 mins
So You’ve Been Sued: What Do You Need to Do Now? (May 2016)

Examine the steps to take immediately after being sued to minimize the damage and maximize the chances for a favorable outcome.

Originally presented: Apr 2016 Corporate Counsel Institute

Daniel C. Bitting, Scott Douglass & McConnico LLP - Austin, TX
Cynthia L. Saiter, Scott Douglass & McConnico LLP - Austin, TX

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10. New Discoveries in... Discovery (Apr 2016)

Sammy Ford IV, Robert L. Levy, Daniel Lim, Rebecca Lorance

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(mp3)
44 mins
(pdf)
22 pgs
Session 10 —44 mins
New Discoveries in... Discovery (Apr 2016)

Don’t be caught unaware by the recent amendments to the Federal Rules’ discovery and preservation obligations. Learn how to use them to your advantage in your practice.

Originally presented: Apr 2016 Corporate Counsel Institute

Sammy Ford IV, Abraham, Watkins, Nichols, Sorrels, Agosto & Friend - Houston, TX
Robert L. Levy, Exxon Mobil Corporation - Houston, TX
Daniel Lim, Shook, Hardy & Bacon L.L.P. - Houston, TX
Rebecca Lorance, Dell - Round Rock, TX

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11. Lessons Learned from Trial (Apr 2016)

Alistair B. Dawson, E. Leon Carter, Jeff Davis, W. Mark Lanier, Hon. Jill Renfro Willis, Hon. Randall W. Wilson

1.00 0.00 0.00
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(mp3)
64 mins
(pdf)
17 pgs
Session 11 —64 mins
Lessons Learned from Trial (Apr 2016)

Highly acclaimed lawyers and judges share lessons learned from trials involving corporate entities. Gain valuable insights about what works, what doesn't, and what to do when your company is involved in litigation.

Originally presented: Apr 2016 Corporate Counsel Institute

Alistair B. Dawson, Beck Redden LLP - Houston, TX
E. Leon Carter, Carter Scholer Arnett Hamada & Mockler, PLLC - Dallas, TX
Jeff Davis, Gardere Wynne Sewell LLP - Houston, TX
W. Mark Lanier, The Lanier Law Firm - Houston, TX
Hon. Jill Renfro Willis, 429th Judicial District Court - McKinney, TX
Hon. Randall W. Wilson, 157th District Court - Houston, TX

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12. Shh! It's a Trade Secret! (Apr 2016)

M. Scott McDonald, John F. McCarthy Jr., Allan H. Neighbors IV

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(mp3)
47 mins
(pdf)
7 pgs
(pdf)
21 pgs
Session 12 —47 mins
Shh! It's a Trade Secret! (Apr 2016)

The Texas Uniform Trade Secret Act is taking shape in the courts and judicial scrutiny of confidentiality agreements is on the rise—are you prepared? Are you ready for new defensive theories, such as copyright preemption, and their related complications? Are you up-to-date on how the law is changing and where the new landmines lie? Get the latest developments in this rapidly-evolving field and hear practical solutions to emerging common problems.

Originally presented: Apr 2016 Corporate Counsel Institute

M. Scott McDonald, Littler Mendelson P.C. - Dallas, TX
John F. McCarthy Jr., Littler Mendelson P.C. - Dallas, TX
Allan H. Neighbors IV, Littler Mendelson P.C. - Houston, TX

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13. Best Practices: The Code of Business Conduct (Apr 2016)

Eric Morehead

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(mp3)
44 mins
(pdf)
29 pgs
Session 13 —44 mins
Best Practices: The Code of Business Conduct (Apr 2016)

Your Code of Conduct is at the foundation of your company, so what does it take to make it effective? Examine best practices and benchmarking, and gain practical advice for writing, revising, and evaluating your organization's code.

Originally presented: Apr 2016 Corporate Counsel Institute

Eric Morehead, Morehead Compliance Consulting - Austin, TX

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14. Software as a Service and Cloud Contracts: Avoiding the Risks (Apr 2016)

Kirk Larson, Robert J. Scott, Julie Machal-Fulks

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(mp3)
32 mins
(pdf)
7 pgs
Session 14 —32 mins
Software as a Service and Cloud Contracts: Avoiding the Risks (Apr 2016)

Software delivered as a service or through cloud computing can help reduce costs, provide accounting advantages, and offer unprecedented flexibility, but it can also come with increased risk. Learn how to balance the risks of these services when negotiating contracts.

Originally presented: Apr 2016 Corporate Counsel Institute

Kirk Larson, Upland Software, Inc. - Austin, TX
Robert J. Scott, Scott & Scott, LLP - Southlake, TX
Julie Machal-Fulks, Scott & Scott, LLP - Southlake, TX

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15. Attorney-Client Privilege: Best Practices for Keeping Privileged Information Privileged (May 2016)

Jennifer B. Poppe

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(mp3)
45 mins
(pdf)
22 pgs
Session 15 —45 mins
Attorney-Client Privilege: Best Practices for Keeping Privileged Information Privileged (May 2016)

Business structures today are more complex than before and create a variety of new issues around the attorney–client privilege. Review best practices for addressing some of the more common issues, including privileged communications involving consultants, advisors, joint ventures, portfolio companies, mergers, and affiliated entities.

Originally presented: Apr 2016 Corporate Counsel Institute

Jennifer B. Poppe, Vinson & Elkins LLP - Austin, TX

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16. Internal Investigations and the Compliance Function (Apr 2016)

Lacey Daugherty, Benjamin I. Koplin, Jeff Layne, Richard W. Rew II

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(mp3)
48 mins
Slides
(pdf)
4 pgs
Session 16 —48 mins
Internal Investigations and the Compliance Function (Apr 2016)

Corporate compliance increasingly requires full command of the information and data companies create. Explore the roles and interplay of auditing, monitoring, and internal investigations in understanding and mitigating compliance risk.

Originally presented: Apr 2016 Corporate Counsel Institute

Lacey Daugherty, Apollo Endosurgery, Inc. - Austin, TX
Benjamin I. Koplin, Norton Rose Fulbright - Austin, TX
Jeff Layne, Norton Rose Fulbright - Austin, TX
Richard W. Rew II, Luminex Corporation - Austin, TX

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17. Innovative Business Practices and Ethics on the Edge (Apr 2016)

Christopher T. Brown, Daniel C. Bitting, Courtney Hicks Dickey, Adam Goldman

1.00 1.00 0.00
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(mp3)
61 mins
(pdf)
16 pgs
Slides
(pdf)
8 pgs
Session 17 —61 mins
Innovative Business Practices and Ethics on the Edge (Apr 2016)

21st-Century corporate counsel frequently find themselves advising clients at the edge of the law, where answers are unclear, or where the law doesn’t really contemplate—and may even prohibit—innovative new business models. These challenges are heightened in highly-regulated industries, as evidenced by recent issues in ridesharing, fintech, and telemedicine. How do we navigate legal and ethical issues when advising management teams who are determined to push the legal envelope?

Originally presented: Apr 2016 Corporate Counsel Institute

Christopher T. Brown, Attorney at Law, PLLC - Austin, TX
Daniel C. Bitting, Scott Douglass & McConnico LLP - Austin, TX
Courtney Hicks Dickey, HomeAway, Inc. - Austin, TX
Adam Goldman, The Goldman Group - Austin, TX

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18. The Top Cross-Border Legal Issues (Apr 2016)

George M. Gerachis, Ute Krudewagen, Idan Netser, Thomas H. Wilson

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(mp3)
32 mins
(pdf)
11 pgs
Session 18 —32 mins
The Top Cross-Border Legal Issues (Apr 2016)

Learn about potential pitfalls in-house counsel face as companies expand or operate across borders, including tax considerations, labor and employment pitfalls, and cross-border dispute resolution.

Originally presented: Apr 2016 Corporate Counsel Institute

George M. Gerachis, Vinson & Elkins LLP - Houston, TX
Ute Krudewagen, DLA Piper LLP US - East Palo Alto, CA
Idan Netser, DLA Piper LLP US - East Palo Alto, CA
Thomas H. Wilson, Vinson & Elkins LLP - Houston, TX

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19. Bankruptcy as a Tactic (Apr 2016)

Henry Flores, Jarom J. Yates

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(mp3)
44 mins
(pdf)
19 pgs
(pdf)
16 pgs
Session 19 —44 mins
Bankruptcy as a Tactic (Apr 2016)

Learn how bankruptcy can be used as a defensive and offensive tactic to achieve certain corporate objectives such as mergers, acquisitions and takeovers, capital restructurings, vendor and customer contract modification, and dealing with mass tort and other significant liabilities.

Originally presented: Apr 2016 Corporate Counsel Institute

Henry Flores, Haynes and Boone, LLP - Houston, TX
Jarom J. Yates, Haynes and Boone, LLP - Dallas, TX

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20. Clarified Contracts and Frequently Misunderstood Terms (Apr 2016)

Toni D. Nguyen, Jason Smith

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(mp3)
46 mins
(pdf)
28 pgs
Session 20 —46 mins
Clarified Contracts and Frequently Misunderstood Terms (Apr 2016)

Learn tips for drafting clearer contracts, avoiding misunderstood terms, and averting the pitfalls of using “boiler plate” language for provisions' key terms, including indemnity and limitation of liability.

Originally presented: Apr 2016 Corporate Counsel Institute

Toni D. Nguyen, Luminex Corporation - Austin, TX
Jason Smith, Apttus - San Mateo, CA

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21. Ethics of Negotiation: Are You Smarter Than a First Year Associate? (May 2016)

Wilson Chu, Barrett R. Howell

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(mp3)
44 mins
(pdf)
33 pgs
Session 21 —44 mins
Ethics of Negotiation: Are You Smarter Than a First Year Associate? (May 2016)

When it comes to ethics in negotiations, it's anything but anything-goes. Could a tiny white lie here and a teeny puffing there mean the difference between getting the deal done and getting disbarred? These questions and more are answered. Are you smarter than a first-year associate?

Originally presented: Apr 2016 Corporate Counsel Institute

Wilson Chu, McDermott Will & Emery - Dallas, TX
Barrett R. Howell, K&L Gates LLP - Dallas, TX

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22. Mock Negotiation: In Search of a Win–Win Outcome (Apr 2016)

Albert J. Li, Zachary B. Ring, Paul R. Tobias, Corina Ulrich

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(mp3)
31 mins
(pdf)
6 pgs
Session 22 —31 mins
Mock Negotiation: In Search of a Win–Win Outcome (Apr 2016)

Experienced practitioners demonstrate how to prepare for and succeed in negotiations and share practical tips in this mock negotiation of risk-allocation between parties.

Originally presented: Apr 2016 Corporate Counsel Institute

Albert J. Li, Ottobock N.A. - Austin, TX
Zachary B. Ring, Sysco Corporation - Houston, TX
Paul R. Tobias, Wilson Sonsini Goodrich & Rosati, P.C. - Austin, TX
Corina Ulrich, RealPage.inc - Carrollton, TX

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23. Ethics and Risk Allocation between In-House and Outside Counsel (Apr 2016)

Jack Tanner

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(mp3)
45 mins
(pdf)
17 pgs
(pdf)
25 pgs
Session 23 —45 mins
Ethics and Risk Allocation between In-House and Outside Counsel (Apr 2016)

The division of responsibility between in-house and outside counsel can often seem murky. Explore how and when to divide responsibility in transactional practice and in litigation, and how the Ethical Rules and case law inform this process.
 

Originally presented: Apr 2016 Corporate Counsel Institute

Jack Tanner, Fairfield and Woods, P.C. - Denver, CO