2013 ANNUAL MEETING
The Right to Be Left Alone: Privacy, Technology & the Law
Now that customer data, employee files, financial records, and other information can be moved around the globe quickly and cheaply, many businesses have seen their bottom lines improve substantially, as a result. But that success isn’t necessarily assured for the long haul. The potential for misuse of sensitive personal information has elicited in the U.S. a groundswell of state and federal privacy legislation. The EU has adopted what The New York Times in May of this year labeled “the world’s strongest data protection law.” And other highly developed countries are quickly following suit. This session will focus on privacy law-related trends at the state, federal and international levels, existing and emerging security threats, and examine “best practices” for privacy and security, as well as strategies for assuring regulatory and legal compliance.
Moderator: Divonne Smoyer, Dickstein Shapiro (Washington, DC)
Presenters: Michelle Dennedy, McAfee (Santa Clara, California)
Brian Finch, Dickstein Shapiro (Washington, DC)
Joanne McNabb, California Department of Justice Privacy Enforcement and Protection Unit (Sacramento, California)
Philip Nolan, Mason Hayes & Curran (Dublin, Ireland)
ACC Cyber Top 10
Global Security Practice SAFETY ACT Cyber Security Capabilities
State Attorneys General Are Crucial Force In Enforcement of Data Breach Statutes
Keeping Patient Information Private and Secure: Job One for Healthcare
Breaches of patient privacy are without a doubt the biggest liability risk in the healthcare industry today. Control over patient information is becoming more and more difficult given the ever-increasing use of electronic health records and social media, along with the launch of Health Information Exchanges. Outsourcing healthcare operations also poses additional risks, especially the enforceability of patient privacy laws when patient information is sent outside the United States. This session will feature an overview of the principal federal laws and regulations concerning privacy (HIPAA/HITECH/Red Flags), their interaction with select state laws, international laws (EU Data Protection), and practical ways to minimize risk and keep patient information private and secure.
Moderator: Penny Hobbs, McGinnis, Lochridge & Kilgore (Austin, Texas)
Presenters: Patrick Duxbury, Wragge & Co (London, England)
Alison Choy Flannigan, Holman Webb (Sydney, Australia)
Brian Taylor, Boutin Jones (Sacramento, California)
Patient Privacy in the U.S.
Data Protection in the EU
Australian Privacy Laws and Health Information
Australian Privacy Laws and Health Information Articles
Women & Law Firm Leadership
This session will focus on what women must do to become the effective leaders their firms need them to be. The panelists – all accomplished law firm leaders in their own right – will discuss the importance of women taking control of their careers, and offer suggestions about how to do it. The session will also examine the unique challenges leadership presents for women, describe how law firm politics, structure, and culture affect leadership, and identify leadership paths women can pursue to avoid having their career objectives derailed.
Moderator: Cristina Sanchez Vebber, Sanchez Devanny (Mexico City, Mexico)
Presenters: Lisa Borsook, WeirFoulds (Toronto, Ontario, Canada)
Lily Fenn, Lily Fenn & Partners (Hong Kong, China)
Melissa Salhab Sykes, McGinnis Lochridge & Kilgore (Austin, Texas)
Negotiation Strategies in Complex Legal Disputes
It is very difficult to find anyone who really believes litigation is a better way to go than negotiation. Countless CLE courses and law publications all extol the virtues of “getting to yes” without having to incur “exorbitant legal fees.” But what about in those cases when two parties are engaged in protracted litigation? How can one side suggest settlement negotiations without the other side interpreting that overture as a sign of weakness or a willingness to settle on less than favorable terms? Or what about in those cases where the opposing party is represented by a firm that has been extremely aggressive and unwilling to work cooperatively? This session will explore negotiating strategies litigators can deploy in instances involving opposing counsel behaving badly.
Moderator: Rob Clarke, Ausley & McMullen (Tallahassee, Florida)
Presenters: W.A. Derry Millar, WeirFoulds (Toronto, Ontario, Canada)
The Honorable James Ware, JAMS (San Francisco, California)
Arnold Weiner, Rifkin, Weiner, Livingston, Levitan & Silver (Annapolis, Maryland)
Protecting a Trademark Licensee’s Rights After Its Licensor Is in Bankruptcy
What happens to the rights of a trademark licensee when its licensor is in bankruptcy? The hoped-for answer, of course, is: nothing. But so far only the Seventh Circuit Court of Appeals, covering Illinois, Indiana and Wisconsin, has agreed definitively in the recent Sunbeam decision. Unfortunately, the Supreme Court declined to decide this important question. This session will discuss a number of strategies that can be invoked to help licensees reduce the risk of forfeiting those rights.
Moderator: Mark Gorton, Boutin Jones (Sacramento, California)
Presenters: Mary Lane, Mitchell Silberberg & Knupp (Los Angeles, California)
Kitt Turner, Eckert Seamans Cherin & Mellott (Philadelphia, Pennsylvania)
Trademark Issues in Bankruptcy
Hypothetical Re. Pasta Prima Inc.
Bloomberg Law, Protecting the Rights of Trademark Licensee
Riverside Lawyer Article, Effect of BK Rights to IP
What You Need to Know About What’s on the Mind of Today’s GC
The scope of every GC’s responsibilities is expanding exponentially, encompassing everything from globalization to data privacy and from cyber security to the proliferation of regulations across agencies and jurisdictions in the U.S. and abroad. This session will feature a discussion among several leading in-house attorneys about the surge in the number of issues with which they have to deal – and what law firms can do to help their in-house clients keep up.
Moderator: James Leet, Boutin Jones (Sacramento, California)
Presenters: James Chen, Tesla Motors (Washington, DC)
John DiGiusto, Jelly Belly Candy Company (Fairfield, California)
Robert Hagedorn, GeoVera Holdings, Inc. (Fairfield, California)
John Schultz, Hewlett-Packard Company (Palo Alto, California)