Pacific Daylight Time

Join us for an engaging and informative session on "The Ever Changing Landscape of California Invasion of Privacy Act Litigation" by Cozen O'Connor

Pre-advent of the smartphone and modern Internet, California enacted as part of its Penal Code the California Invasion of Privacy Act (CIPA). The statute was intended to address bad actors intercepting confidential communications and other information through telephones. To that end, the State’s Legislature provided a private right of action. Today, often under the moniker of “testers,” plaintiffs file lawsuits and initiate arbitrations claiming that embedded code on websites violates CIPA based on a number of theories. As case law develops and disposes of various CIPA-violation theories, plaintiffs change tactics and invent new theories. It is an ever-repeating cycle.

Join Brett Taylor, Alexander Robinson, and Robert Rubenstein as they provide background about what CIPA was intended to prevent and the commonly asserted CIPA claims. They will also identify the common defenses and issues to consider when a website provider attempts to comply with California law.

Join FTI and ACC SoCal Members for an insightful CLE, "Modern Data Challenges in Disputes and Investigations." Concerns over modern data sources have reached an all-time high. After years of challenges in the legal department, the situation has expanded, urgently driving in-house counsel and their law firms to address issues across disputes and investigations. This session will cover the practical guidance for litigation readiness in a world with ephemeral messaging, off-channel communications, hyperlinked files, collaboration platforms, and AI.

Speaker: Tim Anderson, Senior Managing Director at FTI Consulting

After the session, we invite you to relax and unwind with us for a Charcuterie workshop by Honey & Hive and Networking. Enjoy cocktails and learn the art of charcuterie boards. Don't miss this unique opportunity to blend professional growth with a culinary experience.

Autumn always brings a flurry of new bills and requirements for California employers.  Governor Newsom has been busy, signing numerous bills on issues ranging from AI in the workplace, local enforcement of employment discrimination claims, intersectional discrimination, expanded protection for victims of crime or abuse, protections for freelancers, “captive audience” prohibitions, paid family leave, voluntary social compliance audits, and more.  We will look at these new employment laws, when they go into effect, and what is required for compliance.  We will also discuss steps you can take now to ensure you are ready for 2025. 

Speakers: Ethan Chernin and Michele Ballard Miller of Cozen

Join us for the ACC SFBA’s biggest event of the year! A full day of CLE topics focused on contracts, transactions, and related case law.  All in-house counsel are welcome.  Join us for 1 session or all.  The event will feature:

✯ 6 hrs. CA CLE programs ✯

✯ Opportunities to connect with members & sponsors ✯

✯ Networking breakfast and lunch ✯

✯ Cocktail reception ✯

✯ Chance to win business card draw prizes ✯

AGENDA

7:30 AM - 8:30 AM | TRANSPERFECT LEGAL
Networking Breakfast

_____________________________________
8:30 AM - 9:30 AM | EXTERRO
What Data Risks are Hiding in Your Deals?

This session will delve into the unseen data challenges that can arise during deal-making, from regulatory compliance to cybersecurity and data retention, with a focus on key areas like mergers and acquisitions, contract management, and onboarding new technology. Gain insights to help safeguard your organization and navigate complex data landscapes effectively in any transaction.

Speakers:
Rebecca Perry, Managing Director of GTM Strategy & Operations -Privacy & Data Governance Solutions, Exterro
Sushila Chanana, Partner, Farella Braun + Martel 
Paola Zeni, Chief Privacy Officer, RingCentral

_____________________________________
9:45 AM - 10:45 AM | WILSON SONSINI
Recent Changes to Statutory/Regulatory Framework in the Context of M&A Deals 

Wilson Sonsini partners Ben Crosson and Dylan Savage will discuss recent changes to several different regulatory and/or statutory frameworks, as these changes could have implications in the M&A context and beyond. Ben and Dylan will be joined by Christina Latta, Senior Director and Associate General Counsel, Employment & Litigation at Upstart.

The presenters will begin by discussing the recently revised guidance regarding the Evaluation of Corporate Compliance Programs put forth by the Department of Justice in September 2024. They will walk through the updated priorities articulated by the DOJ (including M&A due diligence), and what these priorities mean for companies and their compliance regimes. Then, they will discuss the August 2024 revisions to the Delaware General Corporation Law, which came on the heels of (and in response to) several controversial Delaware Chancery Court decisions impacting how companies should approach certain elements of M&A.

Speakers:
Ben Crosson, Partner, Wilson Sonsini
Dylan Savage, Partner, Wilson Sonsini
Christina Latta, Senior Director and Associate General Counsel, Employment & Litigation, Upstart

_____________________________________
11:00 AM - 12:00 PM | SIMMONS & SIMMONS
Global Ripples of Emerging Regulation

The panel will delve into privacy, online harms, platform liability, cyber security, AI regulation, anti-trust considerations, mass litigation and share experience-based views on how each of these is having a wider impact.  The discussion will serve as a check list of areas to consider as businesses evaluate transactions, market expansion and related risks in markets outside the US.  This promises to be an insightful discussion with views on the prospect of greater harmonization to make emerging markets less challenging for US businesses.

Speakers:
Emily Jones – Head of US office and Partner, Simmons & Simmons
Raza Rizvi –  Middle East TMT Lead and Partner, Simmons & Simmons
Sophie Sheldon – Partner, Simmons & Simmons
David Kidman – Partner, Simmons & Simmons

_____________________________________
12:00 PM - 12:45 PM
Lunch

_____________________________________
12:45 PM - 1:45 PM | MINTZ
M&A Deals and IP: Insider Tips for a Successful Deal

M&A deals that involve IP bring unique challenges and considerations. Smart and proactive planning can ensure a smooth transaction, while missteps can slow or halt a deal permanently.  In this dynamic discussion, get insider advice from the perspective of a patent attorney, M&A lawyer, insurance broker, and in-house counsel. Find out what actions to take when preparing for and during a deal. Learn what issues can arise post-close, and how to plan for them.

Speakers:
Alex Trimble, PhD, Member, Mintz
Thomas Earnest, Member, Mintz
Emily Maier, SVP, Head of Transactional Insurance, Woodruff Sawyer
Spencer Chen, General Counsel, Subtle Medical, Inc.

_____________________________________
2:00 PM – 3:00 PM | COZEN O’CONNOR
What’s on the Horizon in 2025 for California Workplaces

 Autumn always brings a flurry of new bills and requirements for California employers.  Governor Newsom has been busy, signing numerous bills on issues ranging from AI in the workplace, local enforcement of employment discrimination claims, intersectional discrimination, expanded protection for victims of crime or abuse, protections for freelancers, “captive audience” prohibitions, paid family leave, voluntary social compliance audits, and more.  In this session we will look at these new employment laws, when they go into effect, and what is required for compliance.  We will also discuss steps you can take now to ensure you are ready for 2025.

Speakers:
Michelle Miller, Chair, West Coast Labor & Employment, Cozen O'Connor
Walter Stella, Member, Cozen O'Connor

_____________________________________
3:15 PM – 4:15 PM | FARELLA BRAUN + MARTEL
When Deals Go Bad: Risks of Failed Business Ventures 

This session will delve into the risks associated with failed business venture negotiations, specifically focusing on the potential for NDA breaches, trade secret misappropriation, and patent infringement. Through real-world case studies—including our own experiences—participants will gain insight into how and why these issues arise, the impact on businesses, and best practices for safeguarding proprietary information in uncertain deal-making scenarios. This program offers a blend of practical advice and cautionary tales to equip attendees with the knowledge to navigate the complexities of high-stakes negotiations.

Key topics to be discussed:

• Tips and tools to implement now to avoid trade secret litigation
• Practical tips for implementing and monitoring deal clean rooms
• How to define and implement need-to-know access to confidential information
• NDA contract clauses to implement and avoid
• Patent infringement risks

Speakers:
Jeff Fisher, Partner, Farella Braun + Martel
Eugene Mar, Partner, Farella Braun + Martel

_____________________________________
4:15 PM - 5:30 PM
Networking Reception

5:00 – 5:30 pm  Registration & Networking
5:30 – 6:30 pm  Presentation
6:30 – 8:00 pm  Happy Hour, Networking & Museum Tour

AI agents, the latest advancement in generative AI technology, can engage in planning, problem solving, and autonomous activity, and stand to improve the efficiency of work across all industries, including the law. Join us at this informative session where we will discuss the risks and rewards of this newest AI advancement.    (1 Technology MCLE credit.)

Join us for an engaging and informative session on "Generating Lawsuits: How Generative AI is Creating Legal Risks for Businesses" presented by experienced professionals from Protiviti Legal Consulting and Robert Half. This discussion provides a comprehensive overview of the cutting-edge field of generative artificial intelligence, its potential, challenges, and legal implications. Delve into pressing issues such as copyright infringement, ethical considerations, and privacy violations stemming from AI-generated content. It offers insights into major legal cases and regulatory developments shaping the landscape of AI usage.

Nicholas You, Associate Director at Protiviti Legal Consulting

Cynthia Lynn, Director at Protiviti Legal Consulting

4:30 - 5:00 pm Check-in | 5:00 - 6:00 pm CLE | 6:00 - 7:00 pm Networking Happy Hour

Hear from our attorneys in Advanced Technology, Corporate, Litigation, Labor & Employment, Finance and Intellectual Property to get a jump start on the top trending issues that will affect your business in the year ahead. We’ll touch on the impact of changes to social compliance audits, as well as the Corporate Transparency Act, Private Attorneys General Act and trends in consumer, environmental and data privacy class actions.