eCourses are individual online courses from renowned presenters at our live conferences. Learn via audio or video, receive the supporting materials, and fulfill MCLE requirements at your convenience with the best content available!
These courses are CLE accredited in Texas and California, with some accredited in Oklahoma.
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Government Enforcement / White Collar Crime
Session 1: GDPR is Effective Today! - May 25, 2018 is the effective date for the European Union’s General Data Protection Regulation, the world’s most comprehensive privacy law. On this day for which so many have prepared, we will share in-house and outside counsel perspectives on what the GDPR means for international companies that do business in the EU, which aspects of compliance efforts have been most challenging, and what lies ahead in maintaining GDPR “accountability” and in connection with the forthcoming, related ePrivacy Regulation.
Session 2: Do You Know Where Your Data is?: Data Sharing and the State of the Law - Modern companies are awash in data. Employees generate it and are usually looking for the most efficient way to share it internally and externally. Review the myriad of problems that can occur even with the most well-meaning of employees. From the possible export control risks of emailing technical information to an overseas colleague, to using Dropbox and other file sharing sites to exchange information, to providing data to contract employees, and more, explore the state of the law as it relates to data and what can happen if you lose control of it.
Session 3: Data Breaches, Big Data, and FTC Oversight - Learn how and why the FTC polices data breaches and the collection and exploitation of big data.
Session 4: Protecting Client Information-Cyber Protection Duties as an Attorney - Explore the ethical and legal obligations of attorneys and law firms to protect client data and communications from the latest cybersecurity threats.
Session 5: Ethics and Professionalism in a Global Environment - Ethics and professionalism are being influenced by many factors in today’s global environment. Consider some of these factors, along with areas of commonality amongst the legal ethics rules from a sampling of jurisdictions.
Session 6: Law Firm Data Security and the Ethical Duty of Technology Competence - As clients demand attorneys deliver legal services more efficiently by using technology it increases pressure to have technical knowledge and proficiency. Further, the American Bar Association and 28 states have created a model rule for the ethical duty of technology competence. Hear an overview of the significant material risks and impact on a law firm following a breach and the potential consequences from an ethics and disciplinary perspective. more »
This eCourse outlines the basic structure of a compliance program and the regulatory framework used to develop a program. Learn how to analyze the regulatory framework and build a program that works for the company’s risk environment. more »
This eCourse explores how to conduct an effective risk assessment using a given regulatory framework and compliance program data. This framework is applicable to any subject matter from Anti-Corruption to Privacy. more »
This eCourse explores key elements of effective policies and procedures. How to draft them, what makes them effective, and how to update them. It also provides insight into modern trends, including best practices for drafting a Code of Conduct. more »
Session 1: Government Investigations, Part I: Investigative Triggers– An examination of the early and perhaps most critical stages of the investigative process, including considerations, strategies and ethical issues related to responding to a whistleblower, the government’s request for voluntary assistance, the investigatory subpoena, document preservation, early settlement and cooperation agreements, advising the board, and public reporting and public relations.
Session 2: Government Investigations, Part II: Best Practices for Internal Investigations – A look at the factors and circumstances that inform the decision to conduct an internal investigation—when is an independent investigation advisable and what are the best practices for conducting those inquiries. The panel also discusses strategies in selecting outside counsel, scoping the appropriate inquiry, pitfalls in document preservation and production, the "horrors" of email and ESI, self-reporting to the government, and considerations in advising the board.
Session 3: Government Investigations, Part III: Moving Forward– What happens when the internal investigation uncovers evidence of possible wrongdoing? How might you handle bad facts, difficult investigation witnesses, and the dreaded "smoking gun" document? This panel explores the considerations and best practices in proceeding, including the possibility of continued voluntary cooperation, what to do when the government’s case is ill-founded, understanding the government’s focus, isolating critical documents and key witnesses, dealing with an Achilles heel, and considerations for early settlement.
Session 4: Government Investigations, Part IV: The Litigation Process – Fight or flee? This panel focuses on the key issues and ethical considerations presented as the government’s investigation moves into its most active phase. It explores issues in representing the company, representing individuals, and possible conflicts of interest in multiple representation, strategies in preparing for testimony, 5th Amendment considerations, dealing with parallel proceedings, and taking proactive measures.
Session 5: Government Investigations, Part V: The End Game– This panel addresses the issues surrounding the resolution of a government investigation, plus looks at future risk assessment and proactive measures that can help prevent or at least prepare for possible investigations. It looks at strategic settlement considerations, the cost of defense vs. the cost of settlement, discussing settlement with the government, strategies in crafting an agreement, collateral consequences of settlement, seeking a high-level review of a charging decision, SOX clawbacks, and PR, IR and SEC disclosures.
Best practices for crisis communication, including strategies for dealing with the media, investors and the public, plus a discussion of both the legal requirements and strategic considerations pertaining to required disclosures in company filings. more »
THIS MONTH: Emerging Trends in Healthcare • Immigration Removal Defenses: A View from the Trenches • Authentication of Electronic Evidence • Addressing Lease Defaults in Bankruptcy • The Noble Lawyer and the Ethics of Client Management more »
The federal government and various states continue to investigate and litigate healthcare fraud cases across all sectors of the industry. While 2017 was a significant year, 2018 should be the same with the False Claims Act remaining a focus of government and whistleblower activity, especially since the Supreme Court’s decision in Escobar. Courts have spent significant time analyzing and addressing the FCA in light of that opinion and others. No less important has been the criminal and administrative cases and trends, notably the use of creative theories to investigate and prosecute alleged illegal kickback and Stark law violations. Hear an overview of 2017 and 2018 trends. more »
Data breach trends in 2017 show an increased sophistication of malware, increased targeting of corporate human resources information (W-2 and other personnel information), unique combinations of social engineering and technical subterfuge to acquire sensitive data for criminal monetization, and malicious damage caused by encryption attacks. It is increasingly difficult for businesses to protect their digital environment, and it is more important than ever before to plan for the inevitable. Hear some lessons learned from years of experience in this area, with an emphasis on proactive approaches to data security, including thorough preparation and a rapid response. more »
Session 1: Financial Fraud Enforcement: Public Companies, the SEC and the DOJ - An update on the SEC's and DOJ's recent enforcement efforts involving accounting fraud investigations and related litigation.
Session 2: False Claims Act: Key Considerations for the General Counsel - The Justice Department describes the False Claims Act as “the government’s primary civil remedy to redress false claims for government funds and property under government programs and contracts” and recent changes in legislation, case law and government’s enforcement priorities all point towards increased prosecution utilizing the False Claims Act. Understanding the heightened risks is imperative to keeping an organization out of harm’s way or mitigating the damage when facing potential liability under the False Claims Act. more »
Environmental laws and regulations range from the deeply technical to more prosaic record-keeping requirements. Many companies have substantial teams of environmental compliance specialists that combine deep legal and technical understanding without being lawyers. Hear where the General Counsel and outside counsel fit into this compliance and enforcement world. more »
Session 1: Expedited Removal, Asylum, and Credible Fear Interviews - Address expedited removal and its proposed expansion, as well as defenses to expedited removal including asylum and the credible fear interview process.
Session 2: Removal Defenses: A View from the Trenches - Review the procedures for fighting removal in immigration court, and explore defenses to removal, including an overview of the most common ones and how to present them. more »
Session 1: The General Counsel and the Independent Auditor: A Critical Relationship - Hear tips for legal departments in interacting with independent auditors during an investigation—when do you disclose information, how do you speak with "one voice" with an auditor, and more.
Session 2: Internal Investigations: The Complexities and Challenges of Multi-National Business Operations - In the wake of the recent federal investigations of Volkswagen/Audi, Petrobras and GSK it is more than obvious that the ramifications of a criminal investigation by the Department of Justice are far reaching, consequential and unpredictable. Being prepared to conduct an internal investigation that mitigates and/or defuses the potential fallout from such an investigation is an essential element of every corporate internal investigation practice. Hear practical advice and lessons learned from both in-house and outside counsel who have handled a multitude of these multi-national internal investigations. more »
The transition to a new administration has predictably yielded priority shifts—some as expected, some not. Examine the changing enforcement landscape, focusing on those aspects affecting corporations from the Yates memo to health care and corporate immigration exposure. more »
Government investigations and shareholder claims and complaints can place huge stresses on the modern corporation, often forcing it to investigate itself and causing internal personal and professional conflicts in its senior management and board. These pressures create difficult ethical problems for corporate lawyers who advise companies, boards and board committees. Using a hypothetical scenario, this panel provides practitioners with guidance for some of these problems. more »