San Francisco Bay Chapter

ACC-SFBA's 3rd Annual

"Institute for Advanced Corporate Counsel (iACC)"

Thursday, April 10, 2014

Hyatt Regency San Francisco Airport
1333 Old Bayshore Hwy
Burlingame, CA 94010

8:00 AM - 6:00 PM

The Association of Corporate Counsel, San Francisco Bay Area Chapter invites you to join us for our 3rd annual Institute for Advanced Corporate Counsel (iACC) all-day CLE program.  This dual track forum focuses on advanced topics for in-house counsels who wish to develop and improve their professional and management skills to enhance their interactions with their clients, colleagues, C-Execs, and outside counsels.



Session 1:  (8:30 AM - 9:40 AM) Presented by Winston & Strawn

"What high-ticket employment issues should Bay area employers be concerned about?"

  • Use of unpaid interns   
  • Flexible meal/rest break policies
  • Use of independent contractors   
  • Use of salaried computer professionals   
  • Use of time record that rounds time or automatically deduct meal breaks   
  • Requiring's any reimbursement of expenses   
  • Use of fully commissioned sales personnel   
  • How to avoid liability  -- arbitration agreements


Session 2: (10:00 AM - 11:10 AM) Presented by Ropes & Gray

"Patent Challenges at the USPTO: Advanced Practice Tips for Making Effective Use of Invalidity Trial Proceedings."

Senior IP litigation counsel with firsthand experience in litigating proceedings at the Patent Trial and Appeal Board ("PTAB") will discuss:

  • The most relevant legal and business considerations when deciding whether to bring a case at the PTAB vs. federal district court
  • What factors should ultimately weigh into your case assessment 
  • Litigation risk calculations involving relevant issues on both sides, and 
  • Use of invalidity trial proceedings as part of your strategy to win.



Lunch Session:  (11:30 AM -12:40 PM) Presented by Coblentz, Patch, Duffy & Bass

 "When the Whistle Blows: Responding to the Whistleblower Complaint"

Individuals are increasingly taking advantage of provisions in SOX, Dodd-Frank, and elsewhere – including companies' own Codes of Conduct – that encourage corporate whistleblowers to report perceived wrongdoing.  Tim Crudo, the head of Coblentz' White Collar Defense and Government Enforcement practice and a former federal prosecutor, will lead a panel of in-house and government lawyers in a discussion of issues facing counsel once a whistleblower steps forward.  Topics include advising the board and executive personnel, managing internal investigations, dealing with government prosecutors and regulators, responding to the whistleblower, and meeting in-house counsel's ethical obligations.

Tim Crudo, Partner at Coblentz Patch Duffy & Bass LLP
Dan Freed, Vice President, Assistant General Counsel and Chief Compliance Officer at Agilent Technologies
Adam A. Reeves, Assistant United States Attorney and Deputy Chief of the Economic Crimes Section at the United States Attorney's Office in the Northern District of California
Jennifer Scafe, Senior Counsel in the Litigation Division at Wells Fargo & Co.Paola Zeni, Director, Global Privacy, Ethics & Compliance at Symantec Corporation

Session 3: (1:00 PM -2:10 PM) Presented by Sidley Austin

"Secrets, Lies, and Money: Ethical Rules for Interacting with Non-lawyers in Litigation and Transactions"

Lawyers routinely interact with witnesses and other non-lawyers.  But the ethical issues that can arise in those interactions are anything but routine.  Lawyers often need to interact with former employee witnesses or other fact witnesses who want to be compensated in litigation, with witnesses who may be subject to confidentiality and non-compete obligations with their former employers, and with others involved in negotiations or litigation where being truthful may be viewed detrimental to the client.    

  • Is it ethical for lawyers or parties to pay fact witnesses to cooperate in litigation?
  • Is it ethical for transactional lawyers to communicate with non-lawyers working for the opposing side of the transaction?
  • What are the ethical obligations of a lawyer with confidential information detrimental to a client, when participating in negotiations and litigation?   


Session 4:  (2:30-3:40) Presented by DLA Piper

"Protecting Your Brand In China: What You Need To Know To Prepare For The New PRC Trademark Law"

Overview of key changes taking place May 1st of this year.

  • Anticipated trends following implementation of the new law.
  • Best practices for adjusting your corporate strategy


Session 5:  (4:00-5:10) Presented by Liquid Litigation Management

"How Recent FRCP Amendments and Landmark Court Decisions Should Inform a Sound Compliance Process"

The importance of a sound preservation process becomes increasingly important as the rules surrounding it continue to evolve. Between 2003 and 2004, United States District Judge Shira Scheindlin wrote five groundbreaking opinions that greatly affected the way a corporation must stay compliant and preserve relevant information. Currently, changes in both case opinions and the Federal Rules of Civil Procedure will have important ramifications on the future of a company's obligation to comply. Join us as we explore how new case law and changes to the FRCP intersect, how they differ and how this will impact a company's future obligations.



Session 1:  (8:30 AM - 9:40 AM) Presented by Farella Braun + Martell

"Transferring Cyber Loss Risk – Strategies for Reducing Exposure to Internet-Related Loss Events"

There is no one-size-fits-all approach to dealing with cyber risks.  Each company must carefully evaluate its unique exposures, analyze its insurance and third-party indemnification options, and then choose a protection plan that best fits its needs.  This presentation suggests a deliberate approach for companies to use in addressing their cyber exposures by identifying risks, evaluating relevant risk transfer options and negotiating risk transfer products (insurance and indemnification agreements).



Session 2:  (10:00-11:10) Presented by Crowell & Moring

"What Your Corporate Advisor Should be Telling You About Trending Regulatory Issues Facing Technology Companies"

When dealing with the myriad complexities of regulatory matters in the U.S., businesses need fast answers, a clear path forward, and guidance based on direct experience. California technology companies in particular face myriad challenges as they deal with government regulators. In today's highly regulated climate, regulatory issues routinely spawn civil litigation, and legal departments face intense public scrutiny along the way. Enforcement is on the uptick, and the outcomes of regulatory challenges can make significant impacts on business activities.    

In this session you will hear about the issues which will be facing California companies that are most likely to result in public scrutiny and parallel regulatory and litigation challenges from a number of lawyers on Crowell & Moring's Regulatory Team. Speakers include former regulators who have held significant government positions. Their unique perspective and first-hand knowledge of how the agencies work, how they think, and what is percolating within them, will provide practical advice to identify regulatory risk and strategies to avoid regulatory challenges.


Lunch Session:  (11:30 AM -12:40 PM) Presented by JAMS

"Mastering the Complex Settlement Agreement"

With many settlement agreements going under the microscope, it is increasingly important to draft sophisticated and enforceable settlement agreements.  In this program you will learn special considerations in drafting complex settlement agreements, including multi-jurisdictional agreements and those involving joint ventures, strategic alliances, and licensing agreements. 


  • Term sheet dos and don'ts
  • Negotiation within a negotiation: Is the negotiation of the final settlement agreement in itself a separate negotiation?
  • ADR clauses within settlement agreements


Session 3: (1:00 PM -2:10 PM) Presented by Carr, McClellan, Ingersoll, Thompson & Horn

"Raising Your Tax A.Q. (Awareness Quotient)"

Companies are expanding their business footprint all the time.  This expansion can include sales or services to new markets, opening offices in new jurisdictions, locating personnel around the globe, making strategic business acquisitions or transferring company technology to foreign jurisdictions.  Frequently, these decisions yield tax consequences that could have been avoided if a tax practitioner was involved in the discussion and made company counsel aware of potential tax pitfalls or planning opportunities.  This segment will address how recent tax laws impact a business as it expands its footprint, including:

  • The location of personnel in a city
  • Accommodating personnel who work remotely from home
  • Expanding sales or services nationally
  • Utilizing cloud/big data services
  • Operating offshore


Session 4:  (2:30-3:40) Presented by White & Case

"Troubles Abroad"

The panel will discuss the exploding risks and exposure from multijurisdictional white collar investigations.  The discussion topics will include: 

  • Coordinated government investigations of bribery and antitrust violations
  • Expanding enforcement and penalties for white collar violation and the race to be tougher than the next agency
  •  Risk mitigation strategies in this new environment


Session 5:  (4:00-5:10) Presented by Reed Smith

"The Anatomy of Technology Collaboration and Partnerships"

Recent headlines highlight the benefits of strategic partnerships and technology collaboration.  Innovative technology companies often collaborate with strategic partners to leverage their strengths.   Challenges arise in structuring a mutually beneficial agreement for strategic partnerships that promote the development and sharing of resources, knowledge, technology and intellectual property.  Join us for an interactive discussion to help you learn more about the strategies, common pitfalls and other issues in structuring partnership arrangements and technology collaboration, including intellectual property ownership, liability and dispute resolution.


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