Monthly Archives: September 2014

Free One Hour Briefing on Telling the Story of Your Complex Case

October 1, 2014, 1:00 p.m. – 2:00 p.m. (E.D.T.)

Storytelling is the most effective form of persuasion. Neither law schools nor the practice of law provide much, if any, training on how to develop likely the most important skill an advocate must possess: the ability to tell and present a persuasive story that resonates and convinces the audience on an intellectual and emotional level. Good storytelling is good advocacy.

In this briefing, David Henry Dolkas, a partner with McDermott Will & Emery LLP, and the author of Managing Complex IP Litigation will cover:

  • The five reasons that most presentations are ineffective and fail to resonate and convince.
  • How to address and answer the “Key Questions” presented by your complex case.
  • How to take the answers to the Key Questions and apply principles of screen writing and narrative to build the story of your complex case.
  • How to tell a story that will appeal to the emotional intelligence of your audience.
  • How to emphasize the benefits, rather than the features, of the facts that make up the story of your complex case.

Register now and don’t miss this important free briefing!

Free One-Hour Briefing on Litigating Under Patent Local Rules: Avoiding the Pitfalls

September 30, 2014, 1:00 p.m. – 2:00 p.m. (E.D.T.)

Fourteen years ago, the Northern District of California started an experiment: a special set of local rules to govern pretrial proceedings in patent cases. If imitation is a sign of success, then the experiment was a great success: Thirty one districts around the country have now adopted variants of the Northern District’s Patent Local Rules, and judges in other jurisdictions, such as the Central District of California, have adopted standing orders adopting the scheduling and disclosure requirements of the Patent Local Rules for their courtroom or regularly incorporate those requirements into Rule 16 scheduling orders.

Litigating under the rules can be challenging, with most courts adopting a strict approach to pre-trial disclosures that is very different from the way other civil disputes are handled under the Federal Rules of Civil Procedure. Failure to recognize these differences and to plan ahead for complying with the rules can result in a litigant being precluded from making important substantive arguments.

Please join the chair of Schnader Harrison Segal & Lewis LLP’s IP litigation group, Michael M. Carlson as he discusses:

  • The potential pitfalls of practicing under Patent Local Rules
  • The steps that must be taken to prepare for and comply with Patent Local Rules
  • The major variations in the terms of the Patent Local Rules as adopted among the districts

The discussion will be applicable to those litigating patent cases in any district that has adopted the rules or in front of any judge who has implemented them through standing or scheduling orders.

Register now and don’t miss this important free briefing!

Free One-Hour Briefing on Financial Due Diligence and the Specter of Fraud in the Private M&A Context

September 23, 2014, 1:00 p.m. – 2:00 p.m. (E.D.T.)

In the context of private M&A transactions, where do the boundaries exist between proper negotiation and fraudulent conduct? A buyer may believe that the seller has a duty to disclose negative facts about the company, while the seller may believe that the buyer has the responsibility to ask the right questions and conduct proper due diligence to satisfy itself as to the condition of the company. Where contractual disclaimers are at play, buyers and sellers can often be at odds on who bears the ultimate risk of reliance on inaccurate information. In such cases, common law fraud may be the final arbiter of which party is ultimately deemed at fault for dashed expectations following a private company acquisition. This One-Hour Briefing will examine how common law fraud principles can govern the proper scope of seller and buyer responsibilities when due diligence and contractual protections fall short.

Michael M. Farhang of Gibson, Dunn & Crutcher LLP will address the following topics:

  • What are the common law fraud standards in two representative jurisdictions, New York and California, as applied to buyer and seller conduct in private M&A transactions?
  • What are the effects of choice-of-law provisions in private M&A agreements?
  • What impact does a contractual disclaimer have on a buyer’s reliance on alleged representations or omissions by the seller regarding the target company?
  • How do courts view the quality of a buyer’s due diligence when evaluating claims of fraud in the M&A context?
  • What are some of the policy considerations relevant to the boundaries of responsibility between sellers and buyers in the M&A context?

Register now and don’t miss this important free briefing!

Free One-Hour Briefing on Ralls Corporation v. Committee on Foreign Investment in the United States: Is This Landmark Ruling the Dawn of Due Process for CFIUS?

September 18, 2014, 1:00 p.m. – 2:00 p.m. (E.D.T.)

In 2012, President Obama vetoed the acquisition of windfarms in Oregon by Ralls Corporation, an American company owned and controlled by two senior officials of the Sany Group, a Chinese corporation, based on their proximity to a sensitive military installation. Ralls subsequently challenged the action and the District Court dismissed the complaint. On July 15, 2014, the US Court of Appeals for the District of Columbia Circuit issued a landmark decision in Ralls Corporation v. Committee on Foreign Investment in the United States No. 1:12cv-01513) (July 15, 2014), reversing the District Court’s decision. The Circuit Court held that constitutional due process had been denied because Ralls was not given notice of the factual basis for the veto or given an opportunity to rebut the evidence.

This one-hour briefing will be hosted by Christopher R. Brewster and Anne W. Salladin, Special Counsel at Stroock & Stroock & Lavan LLP’s Washington-based National Security/CFIUS/Compliance practice. These panelists regularly represent foreign companies before CFIUS. Mr. Brewster has advised clients on CFIUS filings since passage of the Exon-Florio Amendment in 1988, including some of the largest matters considered by the Committee; Ms. Salladin is a nearly twenty year veteran of the US Department of the Treasury, the chair of CFIUS, where she provided legal advice to CFIUS and participated in the review and investigation of over 500 CFIUS cases.

The panelists will discuss the following:

  • A review of the decision
  • If upheld, implications of the decision for foreign investment in the USA
  • If upheld, implications for CFIUS procedures and
  • If upheld, implications for course and structure of deals that may affect national security

Register now and don’t miss this important free briefing!

Free One-Hour Briefing on State Enforcement in the Financial Services Sector: The Emergence of a Federal Law Enforcement Tool Empowering State Authorities Under Dodd-Frank

September 17, 2014, 1:00 p.m. – 2:00 p.m. (E.D.T.)

Not only did The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 revamp the federal consumer protection regime by establishing the Consumer Financial Protection Bureau into which the Act moved enforcement authority over a number of federal consumer protection statutes but, concurrently, Dodd-Frank expanded the law enforcement authority of the states, opened up a whole new enforcement arena for state banking and financial services regulators and attorneys general who are now authorized, acting under the new federal law, to protect consumers from unfair, deceptive and abusive practices by lenders, sales finance companies, check cashers, credit, debit and prepaid card providers, debt collectors, and other participants in the financial services sector – including many banks that hold federal charters, as well as their subsidiaries.

This session will feature a first-hand look at the approach taken by state regulatory and enforcement officials and the consequences for their regulated institutions and other entities as state regulatory examinations and enforcement investigations have resulted in litigation under Dodd-Frank in both state and federal court.

Please join Joy Feigenbaum, Executive Deputy Superintendent in charge of the Financial Frauds & Consumer Protection Division of the New York State Department of Financial Services, and Thomas P. James, Senior Assistant Attorney General in the Consumer Fraud Bureau at the Office of the Illinois Attorney General, as they address the following topics, among others:

  • What new power and authority was granted to state regulators and attorneys general by Dodd-Frank?
  • How does the federally-created enforcement authority granted to the states under Dodd-Frank correspond to and augment existing enforcement powers the states have typically exercised, including what additional remedies are available to state officials and what new claims may be asserted by them?
  • How have these new powers played out in litigation filed by state regulators and attorneys general to date?
  • How to understand and respond effectively to a state government enforcement investigation

Register now and don’t miss this important free briefing!

Free One-Hour Briefing on Mindful Lawyering: An Introduction to Mindfulness and How it Can Boost Your Life and Legal Practice

September 16, 2014, 1:00 p.m. – 2:00 p.m. (E.D.T.)

One of the greatest challenges in today’s fast-paced, technology-driven world is staying present in life’s most sacred moments. The overwhelming pace of communication, keeping up with inboxes and texts, the sea of information at our fingertips, and efficiency expectations at work has led to widespread attention and engagement issues and increased stress. It is very easy to get caught up in a sort of auto pilot, constantly thinking about the past and future, mindlessly going through life. When we fall into mindlessness we struggle to stay focused in our work with clients and find it difficult to manage ourselves, relationships and key, high impact moments.

One of the best ways to overcome these challenges and effectively manage the stress inherent in the pace of life today is to develop a mindfulness practice. “Mindfulness” is defined as being present with our experience, non-judgmentally. Put simply, it’s about being aware of the story lines, bodily sensations, and emotions that are present throughout life. With practice, mindfulness exercises can help lawyers decrease stress, manage emotions, enhance team dynamics, and increase both self-awareness and focus.

Though we can all benefit from a mindfulness practice, it can be particularly useful if you:

  • Find it difficult to stay present with clients
  • Struggle to stay focused at work
  • Slip into mindlessness and rely on old, outdated habits rather than choosing adaptive and best courses of action
  • Experience persistent stress and find it difficult to disengage from work

In this briefing on Mindfulness for Lawyers, participants will learn:

  • What mindfulness is
  • How it can enhance focus and concentration
  • How to develop a basic mindfulness meditation practice
  • How developing a mindfulness practice can lead to increased self-awareness and emotional intelligence, and therefore greater leadership
  • The core components of mindfulness

Please join Dan DeFoe, J.D., M.S. of Adlitem Solutions and Rob Durr, Ph.D., Licensed Clinical Psychologist at Northwestern University for this interactive workshop to learn about mindfulness meditation, an empirically-supported practice that can decrease stress, boost concentration, and aid in emotion regulation through the cultivation of present-moment awareness.

Register now and don’t miss this important free briefing!

Free One-Hour Briefing on Regulation AB II Overview

September 19, 2014, 1:00 p.m. – 2:00 p.m. (E.D.T.)

On August 27, 2014, the Securities and Exchange Commission adopted long-anticipated final amendments to Regulation AB that were first proposed in 2010. The new rules make sweeping changes to the offering process and disclosure and periodic reporting requirements for asset-backed securities. In this program, Jerry R. Marlatt and Kenneth E. Kohler of Morrison & Foerster LLP will provide an overview of the new rules and their impact on ABS and MBS issuers and investors in the U.S., including:

  • History of Regulation AB II proposals
  • Changes to the ABS offering process
  • New Forms SF-1 and SF-3
  • Asset-level disclosure and privacy concerns
  • CEO certification
  • Asset review/credit risk management
  • Dispute resolution requirements
  • Investor communication
  • Prospectus disclosure requirements
  • Periodic reporting changes
  • Proposals not adopted by SEC

Register now and don’t miss this important free briefing!

Seeing the Value in PLI Discover PLUS

PLI Discover PLUS, our eBook library, is routinely updated to ensure that you have immediate access to the most recent industry information regarding changes in regulatino, rulings, and standard practices. With PLI Discover PLUS, the subscription value is steadily increasing with the addition of new content. Check out this one-page flyer documenting the value of PLI Discover PLUS.

Don’t have a subscription to PLI Discover PLUS and interested in learning more? Contact the PLI Library Help Desk  or call 877-900-5291.

Free One-Hour Briefing on Exporting EEO: Aligning a Multinational’s Approaches to Discrimination, Harassment and Diversity Compliance Overseas

September 11, 2014, 1:00 p.m. – 2:00 p.m. (E.D.T.)

A multinational might proclaim “zero tolerance” for discrimination and harassment across its U.S. operations. But does it ignore sex harassment in its Dubai office? Does it tolerate mandatory retirement in its Berlin facility? And does it excuse blatant race and gender discrimination at its Tokyo subsidiary as “cultural differences”?

Equal employment opportunity compliance initiatives evolved in domestic American HR, and we Americans think of our U.S.-style EEO initiatives as world-leading. These days, U.S.-based multinationals push to align, across national borders, their human resources “offerings” that promote workplace equality?their HR policies, code of conduct provisions, training modules, and internal compliance audits. But directly exporting a homegrown American EEO initiative does not work. Fighting discrimination and harassment, and promoting diversity, across borders requires subtlety, nuance, strategy and finesse. Americans may even need to relax their fierce “zero tolerance” stance to account for different discrimination and harassment laws and attitudes overseas. For that matter, in many countries diversity is less of an imperative, demographically.

This session offers U.S. multinationals a toolkit for expanding and localizing U.S.-style EEO initiatives to work across worldwide operations. How can we adapt American-style EEO strategies and policies for global compliance initiatives? How can we impose rules against workplace discrimination and harassment abroad? How can we champion diversity internationally?

Please join Donald C. Dowling, Jr. of White & Case LLP for a discussion on the following topics:

  • combating workplace discrimination across borders
  • the special challenge of global age discrimination compliance
  • the special challenge of global pay discrimination compliance
  • combating workplace harassment across borders
  • promoting workplace diversity across borders

Register now and don’t miss this important free briefing!