45th Annual Advanced Business Law Conference 2018 (Online Seminar)

MCLE Credits: 8.0
Ethics Credits Included: 2.0

MCLE Credit:	8.0 (Ethics: 2.0)
Live-Interactive Credit:	0.0
Designation Credit:	2.0 Ethics (Designations Information)
Price:	$359 (Includes a downloadable audio version.)
Viewable Through:	9/30/2021

Information
Schedule
Faculty
Locations, Dates and Fees

Information

A pre-recorded streaming VIDEO replay of the September 2018 live seminar, 45th Annual Advanced Business Law Conference.

Cosponsored with the Business Law Section of the Virginia State Bar

Whether your clients operate in traditional industries like manufacturing, retail, food and beverage, healthcare, construction, agriculture, or energy services, or include entrepreneurial companies commercializing e-commerce, software, and other technology and Internet or cloud-enabled products and solutions, the “innovation economy” is dramatically changing the role of the business lawyer. Now, more than ever before, understanding how your client conducts its business and keeping up with new laws (and applying old laws to new business models) is critical to counseling business clients. The innovation economy has forced traditional and “technology” companies alike to restructure their business operations, infrastructures, and relationships. Business success and value are now tied predominantly to the business’ people (employees and independent contractors requiring new skills), strategic partners (vendors and distributors), and the collection, management, and security of information and data (whether proprietary or that of third parties, including customers and vendors). Today, competing means reducing the cost of providing products and services while adding value and enhancing the customer’s experience. These new realities present legal issues and evolving regulatory compliance challenges. This seminar is designed to re-tool business lawyers with an understanding of the legal implications of common and increasingly dynamic business models which most companies are adopting to compete in the innovation economy.

Topics covered include:

Overview of the Innovation Economy
Employment Law and Human Resource Issues
Data Privacy and (Cyber) Security Risks and Compliance
The Defend Trade Secrets Act
Suppy, Distribution, and Vendor-Outsourcing Contracts
Business Regulatory Environment
Two Hours of Ethics

Schedule

COURSE TOPICS

Day One

Introduction
Matt Clary

Overview of the Innovation Economy—Increased Importance of Knowing Your Client’s Business
Moderator: Steve Keeler
Panel: Ed Albrigo, Steve Gold, Kate Hatcher

A panel focused on several traditional (including manufacturing, distribution, construction, transportation and logistics, retail, food, agriculture, hospitality, entertainment, publishing, healthcare, and energy) and newer industries (including business services, software, biotech, robotics, “fintech,” SAAS, and IT) will discuss the main drivers of new business operation models and provide an overview of the legal issues that will be addressed in more detail in later presentations.

How technology, consumer preferences, business competition, and data are changing traditional industries, including B2B (business operation efficiencies, COGS reduction, increased sales, broader distribution, and enhanced market intelligence) and B2C (media, entertainment, healthcare, and consumer goods and services)
The evolution of the economy from manufacturing, to technology, to information (Internet), to innovation (where all businesses and industries have converged)
Increased utilization of “leased” employees, independent contractors, and third-party outsourcing
Increased focus on information and data management (and software and the cloud)
Increased utilization of third-party outsourcing and supply and distribution chain management and partners
Increased exposure to multi-state and international business opportunities and compliance risks
Key takeaways on understanding your client’s business and helping clients navigate new regulatory regimes

People Matter: Evolving Employment Law and Human Resource Issues
Julia Kovacs, Cathryn Le Regulski

An employment lawyer and a benefits lawyer will discuss current events in employment law and how new business models continue to stretch traditional legal planning for employees and independent contractors.

Employees versus independent contractors
Update on changes in laws relating to employee and contractor non-competition, work-for-hire, and similar covenants (including navigation of multi-state laws)
Update on legal issues relating to business use of social media and vendor and customer information and data
Evolving trends in the use of payroll agents and employee leasing arrangements
Update on changes in laws impacting employee benefits
Tutorial on employee equity and other incentives

Knowledge Is Power: Deep Dive on Data Privacy and (Cyber) Security Risks and Compliance
Scott Godes, Gerry Stegmaier

A data privacy and security lawyer and an intellectual property and cyber insurance recovery and risk management lawyer will discuss the increased, multi-jurisdictional regulation of data privacy and security and how it impacts all businesses.

Overview of obligations under California Consumer Privacy Act (CCPA)/GDPR—things EU regulators will look for and how to leverage GDPR efforts to address CCPA
Best practices for breach response, including top 10 things to know and do
Understanding what is covered (or not covered) under cyberinsurance policies, including what to look for when buying policies
Best practices for pursuing coverage, working with insurance carriers throughout a claim, working with panel counsel or approved counsel and vendors, and making sure that claims are covered to the fullest extent possible.

The Defend Trade Secrets Act: Don’t Make a Federal Case Out of It
Rodney Satterwhite

An experienced IP protection lawyer will discuss the changing legal paradigms impacting business protection of its valuable trade secret and other IP assets.

Trade Secret litigation trends—before and after DTSA
Key differences between DTSA and state laws—claims, procedural nuances, and damages
Best practices in prosecuting and defending trade secrets claims

Day Two

Someone Else Can Do That: Supply, Distribution, and Vendor-Outsourcing Contracts Are Not Just for In-House Counsel Anymore
Todd Harris, Karl Knoll

Lawyers who regularly negotiate and draft non-routine supply chain, distribution, and technology outsourcing agreements will discuss the material business terms and legal issues to address in these agreements from both a domestic and a multistate or international perspective.

Business cost and risk sharing through new business models
Risks associated with third-party data and technology outsourcing and other vendor agreements (including upstream data sources and resale issues and restrictions)
The next (or current) big thing: data analytics and artificial intelligence providing valuable business insights either on hosted third-party platforms or in the cloud, and what you need to know to negotiate these agreements
Discussion of company-developed software and now-common “open source” software legal risks
Technology and IT (and data management and analytics) outsourcing issues and risks (including off-premises, open source distributed processing technologies, and cloud-based data)
Licensing agreements, including common and evolving development and distribution arrangements and associated agreements
Overview of laws potentially governing development and distribution and outsourcing arrangements

Business Regulatory Environment: Trump Administration and Capitol Hill Update
Stefanie Holland, Robert Wasinger

Law firm consulting and lobbying partners will discuss what’s happened and what’s coming from Washington in 2018 and 2019.

Global trade regulations including:
- Developments on Section 232 National Security Investigations
- Section 301 of the Trade Act of 1974 investigation into China’s IP and tech transfer policies and practices
- Free trade agreement negotiations including NAFTA and EU
- Foreign Investment Risk Review Modernization Act (FIRRMA) approved in the National Defense Authorization Act (NDAA)
- Order Terminating Denial Order Against ZTE Kangxun Telecommunications Ltd.
The Trump Administration domestic regulatory agenda
How companies are assessing risks and opportunities associated with these changes, including in supply chains

Business Lawyer Ethics Grab
Ben DiMuro, Michael Rigsby

A discussion of Rules of Professional Conduct, ethics opinions, court cases, and “war stories” to illustrate common and new traps in representing companies with multiple stakeholders, developments in attorney-client privilege and work product protection, and ethical risks associated with client communications and information as business law practice continues to move online.

“Who is my client” refresher course
Privilege and work product misconceptions
Evolving ethical issues relating to lawyer email, social media, and online document management and sharing
Ethics traps in the age of electronic law practice

Faculty

BUSINESS LAW SECTION BOARD AND PROGRAM COMMITTEE

Matthew A. Clary, III, Law Offices of Matthew A. Clary, III / Fairfax
John M. Huddle (Chair), The Global Law Group, PLC / Richmond
Brent Justus, McGuireWoods LLP / Richmond
Steven J. Keeler, McGuireWoods LLP / Charlottesville
Karl T. Knoll, Clarabridge, Inc. / Washington, DC
Dana McDaniel, Spotts Fain / Richmond

FACULTY

Edward Albrigo, Center for Innovative Technology / Herndon
Bernard J. DiMuro, DiMuro Ginsberg / Alexandria
Scott N. Godes, Barnes & Thornburg LLP / Washington, DC
Todd Harris, Womble Carlyle Sandridge & Rice, LLP / Tysons
Stefanie Holland, Director of International Government and Regulatory Affairs for the Computing Technology Industry Association (CompTIA) / Washington, DC
Steven J. Keeler, McGuireWoods LLP / Charlottesville
Karl T. Knoll, Clarabridge, Inc. / Reston
Julia T. Kovacs, DLA Piper LLP (US) / Washington, DC
Cathryn Le Regulski, DLA Piper LLC / Reston
Michael L Rigsby, Michael L. Rigsby, PC / Henrico
Rodney A. Satterwhite, McGuireWoods LLP / Richmond
Gerard M. Stegmaier, Reed Smith LLP / Washington, DC
Robert K. Wasinger, McGuireWoods / Washington, DC