2014 Monthly CLE Series
The Davis Wright Tremaine Seattle office offers a monthly series of one-hour CLE programs. If you can’t join us, check back to download slides from the presentations listed below.
View the presentations from our past Monthly CLE Series:
You are also invited to receive free CLE credit for recorded Davis Wright Tremaine LLP CLEs via West LegalEdCenter. Register to access recorded DWT CLE programs.
Risk Prevention and Criminal Liability: Issues Multinationals Need to Consider in China
01.08.14
Chinese authorities have investigated a variety of multinational companies and their senior executives for criminal violations of China’s laws. From GlaxoSmithKline to Novo Nordisk A/S, to Rio Tinto and other major drug manufacturers, many multinationals have felt the scrutiny of prosecutors in China. China’s regulatory landscape is evolving quickly. The Criminal Law was recently amended, and new judicial interpretations have increased penalties. The risk landscape for foreign multinationals operating in China – and their executives based in or traveling to China – has changed significantly in the last several years.
Three senior attorneys from Beijing, visiting scholars at the UW School of Law, discussed current laws and regulations affecting multinational executives’ risk and ways to avoid potential criminal liability arising from company operation. They focused on recent criminal charges against multinational executives and provided an overview of common crimes committed by multinationals, as well as provided a brief introduction to criminal proceedings and the special circumstances of crimes committed by foreigners in China.
Speakers
Yonghua (Edward) Huang is a partner at King and Capital Lawyers, and has advised many multinational enterprises and institutional investors in complex corporate finance transactions, due diligence and other related matters. As one of the heads of King and Capital's Corporate Legal Risk Management Department, Mr. Huang is also proficient in arbitration and litigation, especially White Collar Crime defense. Mr. Huang has many publications including an article in New York Times regarding the investigation to GSK.
Ying (Lisa) Sun, a partner from Beijing Gaopeng Law Firm, has been active in the fields of foreign investment, merger and acquisition and antitrust filing and other company affairs as a professional lawyer from 2004. She is familiar with the approval procedures on foreign investment field, and maintains close working relationships with several government authorities such as MOC, BJMCOC and SAIC. So far, she has provided high-quality service to the clients in such industries as automotive, steel, energy, telecommunication, manufacturing, retail, and trade.
Wen (Wendy) Zhou has practiced law for thirteen years, and is now a partner at Beijing Yuandu Law Firm. As an attorney at law and a certified pharmaceutical engineer, Ms. Zhou has undertaken various legal cases, ranging from regular actions to complex lawsuits including some criminal cases in the pharmaceutical industry. She is also expert in intellectual property law, currently serving as director of Beijing Intellectual Property Society.
View the presentation slides.
How to Improve Cyber Security and Reduce Potential Liability for Data Breaches
02.12.14
Speaker: Randy Gainer
The theft of 40 million sets of credit and debit card data from Target stores in late 2013 added to business owners’ and board members’ growing concerns about cyber security. Data breaches are often followed by class action lawsuits, credit card company fines and assessments, and FTC investigations, which can lead to multi-million dollar damage awards and settlements.
Attendees learned how to reduce the likelihood that their company’s computer network would successfully be attacked and steps that can decrease potential legal liability if an attack occurs. For example,
- Evaluate the risk your company would incur liability for attacks on its computer infrastructure, including the risk that such attacks would successfully exfiltrate confidential information;
- Choose cost-effective countermeasures developed by data security experts to thwart the tools, techniques, and procedures cyber criminals use to penetrate business networks and steal sensitive information; and
- Select cyber insurance coverage that would pay some data breach costs.
View the presentation slides.
Counterparties in Bankruptcy
03.12.14
Speakers: Brad Duncan, Hugh McCullough, and Ragan Powers
This presentation focused on what you can do when you learn that someone you do business with has filed for bankruptcy. Drawing from real-world examples, we discussed how you can protect your contract rights and claims through the bankruptcy process.
View the presentation slides.
The Emerging Regulatory Landscape for Crypto-Currencies: Bitcoin and Beyond
04.09.14
Speaker: Peter Luce
This session provided an overview of emerging legal issues with decentralized crypto-currencies, including Bitcoin. The session included:
- How did we get here and why does this matter?
- A high-level description of how crypto-currencies work
- An overview of the crypto-currency ecosystem (Exchanges, payment processors, merchants, miners, etc.)
- A discussion of regulatory issues with crypto-currencies:
- Emergence of Hybrid Financial Products
View the presentation slides.
2014 IP Licensing Update
05.07.14
Speaker: Dave Daggett
Dave Daggett presented the 2014 installment of their annual update of IP licensing developments. Each case was presented with a brief (but exciting) summary of the case and a concrete practice tip to improve your licensing practice and the IP strategies of your business or client.
View the presentation slides.
Your Toaster said What to your Refrigerator: Legal Issues with the Internet of Things, the Connected Car, the Connected Home, and the Connected Self
06.11.14
Speaker: Kraig Marini Baker
Machine to machine communication sounds like science-fiction (and fodder for late night comedy hosts), but the market for the so-called Internet of Things is exploding. Analysts suggest this could be a $9 trillion dollar market by 2020. Volvo announced that they would be offering autonomous cars by 2017. Many people already have FitBits on their wrist, Nest thermometers in their homes, and OnStar in their cars. The potential impact on how organizations do business is even more profound.
Discussion points included: How would the law handle communication and interaction between machines? Who owns the data produced by these devices? How would we apportion liability for accidents between autonomous cars? How do we protect against cyber intruders accessing automated processes? How do we define who is the speaker and who is the creator? The potential legal issues associated with these developments are huge.
View the presentation slides.
Cloud and Software Services
09.10.14
Speaker: Wendy Kearns
The rise and ready accessibility of cloud and software services have made it possible for businesses to have instant access to infrastructure, platforms, and applications. This has enabled more cost efficient operations and the deployment of services and technologies far more quickly than in the past. Demand for these services is exploding exponentially.
These industry service offerings, their features, and the terms under which they are sold are evolving rapidly. Security and privacy concerns are paramount and current standards are changing. Service levels, service delivery and suspension of services are of great concern for key infrastructure components. Liability for service failure, privacy, and data breach incidents are top of mind for customers and providers across the board. With the increased availability of these services and the high-stakes technological promises they deliver, there are risks and rewards for both parties in their purchase and sale.
The CLE covered: An outline of major cloud and software services offerings, an overview of industry terms including what is standard (and what should be standard), and negotiation strategies for the purchase and sale of such services.
Using Letters of Intent to Launch Transactions and Keep Them on Track
11.12.14
Speaker: Jason Farber
Term sheets, letters of intent and memoranda of understanding (LOIs) are early documents in the life of a transaction. They predict the parties’ further negotiations to complete the transaction.
Used well, an LOI can set the tone by shaping the parties' expectations. An LOI can focus the parties and their counsel on the key terms that brought them together and streamline the work need to complete the transaction, saving time and money.
LOIs are summary by nature: they lack all the terms of the final transaction documents. Negotiators need to choose which terms are important to include in the LOI and which should be left for later; which ‘ground rules’ will put your client in a good position in future negotiations.
Attendees gained: how to use LOIs to launch transactions effectively and keep them on track.
Topics included:
- Pros and cons of using LOIs
- Key provisions to focus on in a LOI
- Tailoring LOIs for different transactions