Eastern Daylight Time

May 10, 2023 Litigation CLE Institute

8:30 a.m. - 9:00 a.m. Registration & Breakfast

9:00 a.m. - 10:00 a.m. Session 1

"Preservation, Privilege, and Privacy: The Challenges of Conducting Business – and Discovery – in the Modern Era"
Presented by Armstrong Teasdale

Headline news has recently been filled with stories relating to attorney-client privilege and spoliation. As electronic documents, and therefore electronic evidence, are increasingly introduced in legal matters, the margin of error, or perhaps deliberate error, widens. Armstrong Teasdale lawyers and In-House Counsel discuss types of electronic evidence and what communications are privileged, the uptick in successful spoliation motions, and best practices and policies for employers as it relates to electronic records. In addition, they will explore common-interest privilege and other doctrines that have recently surfaced in court proceedings.

Speakers:

• Shelley Kinsella, Partner, Armstrong Teasdale
• Christopher Lynett, Senior Associate, Armstrong Teasdale
• Jonathan Stemerman, Partner, Armstrong Teasdale
• Jennifer Hall, Associate General Counsel, TMS International, LLC 

10:15 a.m. - 11:15 a.m. Session 2

"Things We Know for Sure About the Attorney-Client Privilege That Just Ain’t So:  Privilege Pitfalls for In-House Counsel"
Presented by Greenberg Traurig, LLP

Application of the attorney-client privilege has confused many, especially when the communication at issue has a mixed legal and business purpose. Indeed, it so confused the Supreme Court in January that it dismissed a case on the issue after argument, a thing the Court almost never does.  Ethics and compliance issues, hotline complaints, audits, management systems, reporting systems to support ESG or other efforts, and the like are communications with multiple purposes. A lot that many people are sure they know – for example, that just having a lawyer sit-in on a business meeting makes everything said privileged from discovery – probably isn’t true.  But what is true?  When are communications to or from in-house counsel  protected by the privilege? What’s privileged, what isn’t, and what is murky?  What are good practices to establish privilege over new communications and to claim privilege over old ones?

Speakers: 

• David Mandelbaum, Shareholder, Greenberg Traurig
• Greg Sturges, Counsel, Greenberg Traurig
• Alexandra C. Chiaruttini, Chief Administrative Officer & General Counsel, York Water Company                        

11:30 a.m. - 12:30 p.m. Session 3

"Demystifying Cyber Coverage"
Presented by Anderson Kill

For several years, companies have been increasingly buying insurance coverage for data breaches and other cyber events.  But as many policyholders have found, having an insurance policy – even one that is specifically tailored to cyber risks – does not necessarily mean that a ransom payment will be covered or the full extent of a loss paid.  In this session, you will hear from in-house counsel, an insurance broker and coverage counsel who will provide insights on the questions to ask when you are considering purchasing (or reducing) cyber coverage, as well as strategies to consider when challenging a coverage denial. 

Speakers:

• Pamela D. Hans, Managing Shareholder, Anderson Kill
• Jon Margolis, Vice President & Practice Group Leader, Toll Brothers
• Margaux Weinraub, CPCU, ARM, CPLP. CCIC, Cyber Practice Leader, Graham Company

Please join us for ACC NCR Asian-American Pacific Islander (AAPI) virtual networking to create community and share experiences.  We recognize the diversity and richness of our community and we invite you to participate in this discussion whether you self-identify as Asian American including Chinese, South Asian, Korean, Japanese, Vietnamese, or any other member of the Asian community, if you have intersecting identifies, or just want to join us as we create space and time for an exploration of our experiences as an ethnic group. 

At this virtual meet up, we will discuss upcoming events, as well as topics and types of programming that we are considering for 2023. We look forward to virtually connecting with you for an enriching discussion!   

Congressional investigations present significant risks for companies and individuals. Whether your CEO receives a demand to testify at a public hearing or a request to respond to a seemingly innocuous congressional inquiry—regardless of the subject matter—an effective response to a congressional investigation must take into account the potential political, public relations, reputational, and civil and criminal legal consequences. These investigations require experienced counsel and careful preparation.

In this webinar, we will provide practical tips on how to respond to an investigation. Using excerpts from prior hearings, we will demonstrate what can go wrong and how thoughtful preparation can help avoid these pitfalls.

Presented by Janice Bashford, Partner, Legislative & Public Policy, Mark Epley, Partner, Legislative & Public Policy, Amy Jeffress,  Co-Chair & Partner, White Collar Defense & Investigations at Arnold & Porter and Patrick Samsel, General Counsel at Fors Marsh.

1.5 Hours of VA MCLE pending.

Beyond merely protecting creative developments via intellectual property protection (trademark, copyright, patent), the seminar addresses the often-overlooked notion that developments quite often are best protected via multiple ways. Multi-IP protection often is overlapping, such as with copyright and design patent, but in many instances, it is not (e.g., utility patent versus trademark). Products, processes and other things get more and more complicated with the passage of time, and understanding how different forms of IP work together, i.e., how they interplay with one another, becomes even more important to manufacturers, retailers, and other types of entities. Sub-topics to be discussed include:

• Brief discussions of criteria for trademark, copyright, patent
• The benefits and shortcomings of each form of IP protection
• How each form of IP protection relates to one another
• How each form of IP protection is applicable to various examples discussed 

Registration & Networking // 5:30 - 6:00 PM

CLE Program // 6:00 PM - 7:00 PM

Q&A Session // 7:00 - 7:10 PM

Networking Reception // 7:10 - 8:00 PM

Speakers:

Aryn Emert, Vice President, Assistant General Counsel, Intellectual Property, Paramount

Tom Kjellberg, Counsel, Cowan, Liebowitz & Latman, P.C.

Mark Montague, Partner, Cowan, Liebowitz & Latman, P.C.

Reema Pangarkar, Associate, Cowan, Liebowitz & Latman, P.C.

CLE:

1 CLE Credit (NY) // Professional Practice (for non-transitional, experienced attorneys only)

This event is FREE for ACC NYC Chapter Members.

Celebrate Global Membership Month with us! If you are in-house counsel & not yet a member, attend this event free of charge to preview one of our stellar Chapter events! During the event, a coupon code will be provided for prospective individual new members to receive a $50 discount on their first year of membership!

(Must be in-house counsel to register).