Mountain Daylight Time

SEC Regulatory and Enforcement Priorities Under the Biden Administration 

This panel will discuss the likely regulatory and enforcement priorities under new SEC chair Gary Gensler and the Biden administration and the potential implications for public and private companies in the coming years.  The panel will cover Mr. Gensler’s background, the current composition of the Commission, and the anticipated areas of SEC enforcement and regulatory focus including:

• ESG, diversity, and climate change
• Special Purpose Acquisition Companies (SPACs)
• Cryptocurrencies
• Regulation Best Interest
• Anti-corruption
• Corporate penalties
• Private funds
• Insider trading

Speakers:

Steven  Pozefsky, Children’s Hospital Colorado, Associate General Counsel
Tom Krysa, Partner, Foley & Lardner, LLP
Brooke D. Clarkson, Partner, Foley & Lardner, LLP

Brent Wadman of Messner Reeves LLP, will host an insightful session on ESG and D&I which will include a review of the regulatory and case law with Courtney of Molson Coors.  Following this review, the series will then move into a discussion of the market forces that both push and pull companies to make ESG a focus; one as the response to regulation and litigation and the other in pursuit of ROI.  This webinar will offer both perspective and conversation on why regulators and shareholders are focused on ESG, rather than just simply looking at the associated regulation. 

Speakers:

Courtney Seely, VP, Global Legal Operations, Molson Coors

Brent Wadman, Partner, Messner Reeves LLP

Please join Greenberg Traurig and the Association of Corporate Counsel – Mountain West Chapter for a discussion on the ethics and compliance protocols businesses should be aware of when doing business in China. 

Topics include:

Managing Patent Risks – Performing Due Diligence + Responding to Demand Letters

To minimize patent risks, it is important to perform strategic due diligence prior to product launch.  In addition, new products, especially successful ones, often attract the attention of patent holders, who may send demand letters proclaiming their patents cover such products.  Receiving a patent demand letter can be a foreign and anxious experience for many in-house attorneys. While it is important for counsel receiving a patent demand letter to understand the scope of any allegations and the author’s motivation for sending it, even more critical is determining whether and how to respond. This presentation explores (1) the different types of patent demand letters that companies typically receive, (2) why appropriately addressing a patent demand letter can be critically important during subsequent litigation, (3) what steps counsel should consider taking in response to receiving a patent demand letter, and (4) considerations for seeking a formal opinion of counsel. This presentation will also include a decision-tree for responding to patent demand letters that counsel can quickly and easily reference in the event they receive one.  Q&A can also address the affirmative use of demand letters and where applicable. 

Speakers:

Chris Strobel, Associate, Shook, Hardy & Bacon

Mark Schafer, Associate, Shook, Hardy & Bacon

To minimize patent risks, it is important to perform strategic due diligence prior to product launch.  In addition, new products, especially successful ones, often attract the attention of patent holders, who may send demand letters proclaiming their patents cover such products.  Receiving a patent demand letter can be a foreign and anxious experience for many in-house attorneys. While it is important for counsel receiving a patent demand letter to understand the scope of any allegations and the author’s motivation for sending it, even more critical is determining whether and how to respond. This presentation explores (1) the different types of patent demand letters that companies typically receive, (2) why appropriately addressing a patent demand letter can be critically important during subsequent litigation, (3) what steps counsel should consider taking in response to receiving a patent demand letter, and (4) considerations for seeking a formal opinion of counsel. This presentation will also include a decision-tree for responding to patent demand letters that counsel can quickly and easily reference in the event they receive one.  Q&A can also address the affirmative use of demand letters and where applicable. 

Speakers:

Chris Strobel, Associate, Shook, Hardy & Bacon

Mark Schafer, Associate, Shook, Hardy & Bacon

Our Annual Best Practices Club is back! This event will be held in person on August 26. Breakfast and lunch will be provided. 

8:00-8:30

BREAKFAST

8:30-9:30

Attorney Ethics for In-House Counsel: This presentation is designed to address common ethics and professional responsibility issues encountered by attorneys working in an in-house setting.  Topics include the nuances of representing organizational clients, the attorney-client privilege in a corporate setting, ethics issues related to internal investigations, and navigating conflicts of interest.

Presenter:

Alex B. Leeman, General Counsel & Shareholder, Parsons Behle & Latimer

9:40-10:40

Anti-Corruption, Anti-Bribery and Anti-Government Enforcement:  How to Avoid Becoming a Target of Government Regulators

If your business buys or sells product overseas; is regulated by the government; or has potential whistleblowers, you should be prepared to be the target of a government investigation.  Join us to learn practical steps that help businesses minimize risk associated with government enforcement actions. We will review areas of law that often expose companies to enforcement risk, including:

• The Foreign Corrupt Practices Act
• The False Claims Act
• Anti-Money Laundering regimes
• U.S. Sentencing Guidelines governing corporate compliance programs

Attendees will also receive advice on managing government investigations, including: 

• Preparing employees for government scrutiny
• Best practices for managing internal investigations
• Preserving protections provided by attorney-client privilege 

Presenter:

Jeffrey C. Corey, Shareholder, Parson Behle & Latimer

10:50-11:50

Purchase Agreements – A Primer: In this inter-active session, we will analyze a case study for a stock acquisition and key provisions of a Purchase Agreement. Among other sections, we will discuss heavily negotiated provisions such as representations and warranties, limitations of liability, and clauses regarding employees (pre-signing and pre-closing offers, non-competition covenants, etc.), as well as the impact of knowledge and materiality qualifiers.  We will also address timely topics such as representations and warranties insurance and anti-trust considerations.

Presenter:

Barbara Bagnasacco, Shareholder, Parsons Behle & Latimer

12:00-1:00

Cloud Service Agreements – Negotiation of Critical Terms: This presentation will focus on significant contested terms and conditions in cloud services agreements that arise during negotiations between customers and cloud providers. From limitations of liability, representations and warranties, indemnification, to the intricacies of SLAs, this discussion will shed light on current trends in the planning and negotiation of agreements involving cloud services, remote access, and data storage technologies

Presenters:

Angela Edwards, Director, Legal BU & Sales and Legal Operations, Micron Technology

Christopher G. Simboli, Shareholder, Parsons Behle & Latimer

1:00-1:30

LUNCH

Nonprofit Legal Audit Clinic

It’s that time again.  The next Nonprofit Legal Audit Clinic will be held on Tuesday, July 20, 2021 from 8:30 a.m. to 1:00 pm via zoom.  This is a wonderful half day program that includes a free 2-hour CLE on nonprofit law, followed by meetings where teams of transactional lawyers review a checklist with nonprofit representatives to evaluate their organizations’ legal health.  It’s a lot of fun and very rewarding and the nonprofits truly appreciate the assistance they receive.

CLICK HERE for further information.

If you’re interested, please sign up on our website.  

Nonprofit Legal Audit Clinic

It’s that time again.  The next Nonprofit Legal Audit Clinic will be held on Tuesday, July 20, 2021 from 8:30 a.m. to 1:00 pm via zoom.  This is a wonderful half day program that includes a free 2-hour CLE on nonprofit law, followed by meetings where teams of transactional lawyers review a checklist with nonprofit representatives to evaluate their organizations’ legal health.  It’s a lot of fun and very rewarding and the nonprofits truly appreciate the assistance they receive.

CLICK HERE for further information.

If you’re interested, please sign up on our website.  

Hooray For Hurricanes Kit (Rum)

Join ACC Colorado Members and Platinum Sponsor, Merchant & Gould, for a fun virtual event of making hurricanes! This virtual event will walk you through the steps of making a classic “Hurricane” and “Don’s Own Grog” cocktail. Kits will be shipped to your home with all the ingredients including Bayou white Louisiana rum, Jamaican dark rum, and demerara rum. On the 24^th enjoy these drinks from the comfort of your home.

We ask you only sign up for this event if you know you are able to attend. Cocktail kits will be delivered before June 24th. This event will have very limited virtual capacity and we are asking you to join if you register. Please register by June 16^th using the Zoom registration link provided. Questions? Email: coloradoevents@accglobal.com.  

Webinar & Coffee Break

Join ACC Colorado and Gold Sponsor, Stinson, for CLE and COFFEE (delivered to your door). You will need to register for the webinar AND complete your coffee order with the separate links provided.

Want to join without the coffee? Then only register using the Zoom webinar registration link below.

Additional information is outlined below.

WEBINAR REGISTRATION LINK

COFFEE ORDER LINK

Webinar: Government Contracts in a Commercial World

Selling to the government presents unique challenges and a new set of regulations and restrictions. But even if you are not dealing directly with the government, you should still be aware of the government contracting rules and how they might affect you. In fact, you may be doing business with government prime contractors and not even realize it!

This webinar will provide tips and tricks for identifying government contractors, understanding the potential risks involved and learning what you can do to avoid and/or address those issues. Eric Whytsell from Stinson LLP will share his insights from an outside counsel’s perspective and Angie Nelson from Microchip Technology Incorporated will offer advice based on her in-house counsel experience.

Speakers:

Angie Nelson, Counsel – Government Transactions, Microchip Technology Incorporated

Eric Whytsell, Partner, Stinson LLP

CLE:

One CLE credit pending for Colorado.

Refreshments:

We are using CoffeeTime for our coffee and pastry service. Select your choice of coffee and a snack at least 24 hours prior to the program. A confirmation email will be sent following your registration. On May 13^th you will receive a text with the location your coffee is being delivered from based on your area.  We hope you enjoy your complimentary coffee during the webcast! 
You can set up your coffee order using this link: COFFEE ORDER LINK. Please note this is separate from our Zoom registration link.