Don’t Miss Compliance & Ethics Institute’s Virtual Conference

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The annual Compliance & Ethics Institute (CEI) is our largest event of the year, focusing on providing insights and practical solutions to strengthen your organization’s compliance and ethics program.

This year’s virtual conference provides 100+ educational sessions across all compliance and ethics industries and will provide you with the opportunity to earn a maximum od 23.4 live Compliance Certification Board (CCB)® continuing education units (CEUs) from the convenience of your home or office.

Throughout the 3 days of sessions, you will have the ability to choose from a variety of sessions to attend, some of those included are discussion groups. These are sessions lead by the speaker as well as participants and you will have the opportunity to be on camera and interact in small group discussions. (note preregistration is required and session attendance is limited to 40 people per session.)

Discussion Group sessions are scheduled as follows:

Monday, September 14th
10:15 – 11:15 am CDT
DG106 Cultivation of Culture and Compliance Partnerships

11:30 am – 12:30 pm CDT
DG206 Cultures of Integrity – We Know What They Are and What They Should Look Like, But How Do We Get There?

2:30 – 3:30 pm CDT
DG306 Identifying Personnel Needs and Leveraging Varied Skill Sets to Staff an Effective Compliance Department

3:45 – 4:45 pm CDT
DG406 “This is Not the Hill I’m Going to Die On” and Other Rationalizations Used by Even the Very Best Compliance Professionals (This session should make you uncomfortable)

5:00 – 6:00 pm CDT
DG506 The Trouble with Moral Relativism

Tuesday, September 15th
10:15 – 11:15 am CDT
DG606 Public Agency Ethics and Compliance Programs – Challenges and Solutions for Government Professionals

11:30 am – 12:30 pm CDT
DG706 June 2020 DOJ Guidance and Cross-Functional Cooperation

2:30 – 3:30 pm CDT
DG806 Doing a Lot with a Little: How to Get the Most Out of a Small Ethics Program

3:45 – 4:45 pm CDT
DG906 Engaging your Board Relevance in 2021

Register today to secure your spot!

Group discounts also available!

View brochure.




McKool Smith Takes a Bite Out of Apple

McKool Smith and co-counsel secured a $506 Million patent infringement verdict for PanOptis against Apple, extending the firm’s reign as winner of the most “Top 100 Verdicts.”

Learn more.




CCPA Compliance: Your Data Retention Obligations

CCPA enforcement is here, yet a startling amount of companies are still not compliant as many don’t have a good handle on what data they own or understand their data retention obligations.

In this Comprehensive Guide to Complying with The CCPA ensure compliance with CCPA and mitigate risks.

This guide offers answers to important information governance and security questions, and walks down the draft regulations that enterprises must comply with.

You’ll learn:

  • An in-depth walkthrough for essential data privacy regulation compliance
  • A 3-phase approach for data retention
  • Best practices for implementing data retention at your organization

Get compliant now.




Dan Geyser Reveals Decision Behind Joining ADJ with Texas Lawbook

U.S. Supreme Court and Federal Appellate Practice Chair Dan Geyser recently spoke with Texas Lawbook about his past success as a solo practitioner and what ultimately motivated him to join Texas appellate powerhouse Alexander Dubose & Jefferson.

In the article “Dallas Lawyer Dan Geyser: From Solo Shop to SCOTUS Practice Leader,” Geyser described wanting to focus a practice on U.S. Supreme Court and Federal Appeal Litigation and how that decision snowballed into him becoming one of the most active Texas lawyers before the nation’s highest court.

Read more about Dan and what compelled him to join ADJ. You can also visit TexasLawbook.net (subscription required.)




2020 Definitive Risk & Compliance Benchmark Report

Navex Global – Discover the trends and behaviors that influence program effectiveness.

In our second annual definitive benchmark report, our experts analyze the trends defining and influencing the risk and compliance industry. Comparing year-over-year data, our 2020 report identifies key findings regarding program priorities, use of technology, leadership buy-in, and other program elements. This year, the report takes the data even further to also quantify the impact of those elements on program performance and success.

The data in this report represents detailed responses from professionals who actively manage or influence their program’s hotline and incident management, policy and procedure management, ethics and compliance training, and/or third-party risk management functions.

Download the report.




Survey Finds Animal Care a Ripe Target for Private Equity, Even Amid COVID-19

Pet owners’ love for their animals, along with the impact of COVID-19, are among the reasons decision-makers feel bullish about the future of private equity and animal care, according to a new survey of 100 industry leaders conducted by Katten.

The 2020 Private Equity in Animal Care Survey queried animal care operators and private equity representatives who participated in a private equity/animal care transaction over the past two years or expect to soon. The results reveal that what made animal care tempting for private equity before COVID-19 — low risk, good returns and relatively light regulation — began to resonate even more amid stay-at-home orders and perhaps a reevaluation of household priorities.

Despite its broad economic damage, the pandemic at least somewhat positively impacted 68 percent of private equity respondents’ outlook when it comes to animal care, while 61 percent of animal care respondents have become more open to private equity since COVID-19 swept through the United States in March 2020.

Additionally, 90 percent of private equity respondents agreed that animal care is an attractive target, and 71 percent expect private equity transactions in the sector to increase over the next year — with more than one quarter saying the increase would exceed 10 percent.

The survey, conducted online in May, also found that for all respondents, therapeutics and diagnostics were the greatest investment opportunity over the next two years. Technological advances in animal care are expected to accelerate as a result of COVID-19 — which is likely why survey respondents point to technology products for pet owners as an area ripe for investment.

Download the complete 2020 Private Equity in Animal Care report.




Corporate Legal Leaders Report Released: Minimizing Growing Data Risks

JUST RELEASED:
2020 Corporate Legal Leaders Survey Report

Access now to learn about how to mitigate growing data risks

With increasing risks of storing data in the cloud, along with new data privacy laws (CCPA, GDPR) on how organizations are managing consumer data, it’s more important than ever for legal leaders to proactively partner with other business leaders in creating data policies for ensuring compliance.

Download this report and get:

  • Research data from 153 legal department heads on how they are managing corporate data
  • 4 Key techniques for protecting your organization from these growing data risks
  • Tips for creating a comprehensive data management strategy that must be led by Legal



Beck Redden Secures Affirmance of $438M Antitrust Judgment

On June 5, 2020, the U.S. Court of Appeals for the Fifth Circuit upheld a judgment for $438.65 million in favor of Beck Redden client HP, Inc. This antitrust judgment, based on a price-fixing conspiracy that resulted in federal criminal convictions and provoked employees of Quanta Storage, Inc., to invoke their right to remain silent, is one of the largest civil judgments ever affirmed by the Fifth Circuit.

The Fifth Circuit also upheld the district court’s ability to enforce its judgment by ordering the defendant to turn over its assets to HP. As the Fifth Circuit put it, “Quanta risked bet-the-company litigation and lost, so the district court ordered it to hand over the company.”

Beck Redden appellate partner Russell Post praised the Fifth Circuit’s ruling: “Although the damage award was certainly substantial, the issues in this appeal were ultimately straightforward. The Fifth Circuit’s decision is a powerful reaffirmation of basic principles of appellate review. The court correctly rejected Quanta’s effort to relitigate the facts on appeal, and it correctly repudiated Quanta’s ongoing attempt to defy U.S. antitrust law by refusing to honor the judgment.”

Beck Redden secured the judgment after years of litigation in an MDL proceeding and a six-day jury trial in the U.S. District Court for the Southern District of Texas. Beck Redden partners Alistair Dawson and Alex Roberts, assisted by associate Garrett Brawley, persuaded the jury that Quanta had intentionally participated in a price-fixing conspiracy related to optical disk drives that were sold to HP. The jury awarded $176 million to HP, and the district court trebled damages in accordance with U.S. antitrust law. According to Dawson: “For years, companies like Quanta have conspired to cheat American companies like HP out of millions of dollars in lost profits. This verdict and this judgment send a powerful message to the group of co-conspirators and others like them that if they violate U.S. antitrust laws, there will be significant consequences. We look forward to enforcing this judgment so HP can recover some of the money it lost at the hands of Quanta and its co-conspirators.”

When Quanta failed either to post a bond or to perform the judgment, HP moved to enforce its judgment. The district court issued a turnover order compelling Quanta to turn over its assets to HP. Quanta appealed the judgment and the turnover order, and the Fifth Circuit consolidated and expedited the appeals.

In appellate briefs authored by Post with the able assistance of associate Parth Gejji, HP demonstrated that the judgment was supported by uncontested evidence proving Quanta’s role in the conspiracy and ample evidence supporting the damage award. HP further argued that Quanta could be compelled to turn over all of its assets – including foreign property – to satisfy a judgment based on wrongdoing in the U.S. At bottom, HP argued, Quanta is simply unwilling to respect U.S. antitrust law.

The Fifth Circuit agreed with HP. In a unanimous opinion, the court held that the antitrust judgment is sound and the district court can lawfully compel the turnover of Quanta’s property. Although the Fifth Circuit offered some grace to Quanta by allowing more time for compliance, it made clear that the choice is now stark: “Quanta’s board has a simple choice: obey the district court’s Turnover Orders or risk contempt proceedings.”

A hearing is set in the district court for June 19 on HP’s motion to hold Quanta in contempt for its failure to perform the judgment.

The case is Hewlett-Packard Co. v. Quanta Storage, Inc., No. 19-20799 c/w No. 20-20235, in the United States Court of Appeals for the Fifth Circuit. Click here to read the opinion.

Vist Beck Redden.




More than Four Decades of Commercial Trial Work

Award-Winning Trial Practice

Jim Malone has successfully tried and managed cases in virtually every business sector and practice area. He represents both plaintiffs and defendants in complex commercial matters. He has been widely recognized for his securities litigation work defending individual, derivative and class-action claims against businesses and their individual directors, and has frequently been asked to respond to SEC actions and inquiries. His deep knowledge and experience make him the right choice for your new matter, or to take up the reins in the ongoing case that requires a skilled trial lawyer. Jim is also available to mediate or arbitrate selected matters.

Click here to learn more about his decades of trial experience.




Simple Ediscovery Software for a Complex World

Minimize risk, while saving time and headaches.
Start with a defensible preservation plan.

Preservation of evidence is a critical element of litigation and is the precursor to ediscovery and all ensuing negotiations and court proceedings. A structured preservation plan helps you implement a defensible legal hold process and meet your litigation obligations.

Fortunately, it doesn’t require perfection. It merely demands that litigants take reasonable steps to ensure that relevant information is not lost or modified.

This ebook is a practical guide to creating a preservation plan, including tips, checklists, and actionable steps including:

  • Recognizing the Trigger Event
  • Defining the Scope of Preservation
  • Taking Action to Preserve
  • Monitoring & Releasing the Hold

Get the Guide.




Critical Financial Information Located, Analyzed and Explained

Larry Kanter welcomes seasoned veteran Darrell Lane to his forensic accounting team.

Click here to see how their data expertise can make a difference in your litigation.

Click here to read “Artificial Intelligence on the Witness Stand”




Exterro – Step-by-Step Guide to Consumer Data Requests

According to analyst firm Gartner, on average it will cost your organization $1,400 to fulfill one consumer request for data, which is required by the California Consumer Privacy Act (CCPA), GDPR. Companies are expecting to receive hundreds to thousands of consumer requests each year. Do you have an efficient process in-place to process these requests?

If not, we invite you to download this new guide:

The Step-by-Step Guide to Consumer Data Requests:

Download this guide and you’ll learn:

  • 6 step consumer data request workflow
  • The vital role technology plays to ensure that every request is completely fulfilled and risk is mitigated
  • What organizations, data custodians and data protection officers should do to stay compliant

Download this Guide Now

If you’re interested, calculate the cost of fulfilling Consumer Data Requests at your organization with Exterro’s Data Subject Access Requests (DSAR) Cost Calculator.




Legal Experts are Made at Drexel

As industries become increasingly specialized, you need the relevant knowledge to stay competitive in the job market. Drexel University’s online LLM programs from the Thomas R. Kline School of Law help you gain the expertise you need to establish yourself as a specialist in either cybersecurity and data privacy or health care and pharmaceutical compliance. With the ability to complete the program online on either a full- or part-time basis, Drexel makes earning your degree convenient for you.

LLM in Cyber Law and Data Privacy
With a focus on topics like EU data privacy and internet law, this specialized program will help you fill a knowledge gap that’s needed in the cyber law and data privacy field. You can also tailor elective courses to specific fields such as health care, finance or higher education.

LLM in Health Care and Pharmaceutical Compliance
The health care and pharmaceutical industry is increasingly complicated and ever-changing, and this program prepares you with the insider knowledge you need to successfully navigate the system. You can focus on either Health Care Compliance or Pharmaceutical Compliance or take classes in both areas.

Learn more.




Houston Trial Icon Gets Chambers Nod

Rusty Hardin




The 2020 Buyer’s Guide to Contract Management Software

A guide to help you identify the best type of solution to solve your specific contract management needs and goals.

Making sense of the contract management software landscape.

Whether your legal team has already made the decision to implement contract management software or you’re still determining the best way to take control of your corporate agreements, this guide will help you start your search for the right solution.

This Guide includes:

  • An overview of the primary types of solutions used to solve contract management challenges – including a Solutions Comparison Chart.
  • A step-by-step plan to help you choose a solution that aligns with your contract management challenges, goals, and budget.
  • A Contract Management Software Selection Checklist to help you get the information you need during the buying process.

Fill out the form to receive your copy now.




The 3 Biggest Mistakes Companies are Making with CCPA

exterroAmid COVID-19, CCPA enforcement is still scheduled to go into effect on July 1, 2020. With less than two months to go, companies are still fumbling with creating a privacy policy that is both CCPA compliant and will work as other state privacy laws come into effect.

Most of the mistakes that businesses are making regarding their compliance efforts fall into three categories.

Download this guide, The 3 Biggest Mistakes Companies Are Making With CCPA, to find out the most commonly made mistakes and how to create a defensible process to avoid adverse legal and financial consequences.

Download the Guide.




Master Class – Conflicts of Interest

NAVEX GlobalSave the date on May 14 for our upcoming Master Class on Conflicts of Interest, and hear from leading COI experts Jeff Kaplan and Rebecca Walker, partners of Kaplan & Walker LLP. Get access to 2.5 hours of webinar learning and exclusive resources developed for participants.

Create a Sustainable COI Risk Management Program

Not all conflicts are quantifiable and many may only exist in perception or potentials. This leaves a near infinite number of risk variables to manage across your organization. Hear guidance on how to activate the key components of your compliance program to create an integrated conflict of interest management strategy.

Attend for these three webinar sessions:

  • 60 Minutes: Building a Robust & Sustainable COI Program
  • 60 Minutes: Hypothetically Speaking, What Would You Do?
  • 30 Minutes: Live Q&A with Instructors

Register Here.




The American College of Trial Attorneys Taps Beck Redden Attorney

The American College of Trial Lawyers: The Best of the Trial Bars

The American College of Trial Lawyers is recognized as the leading trial lawyers organization in the United States and Canada. Membership is by invitation only and is limited to only those trial lawyers who are “unquestionably and eminently qualified,” and regarded as the best in their state. Qualifications include high ethical and moral standards, as well as excellent character.

Raising the Bar – A Conversation with Fields Alexander

Why did you become a lawyer?
“Well my father was a trial lawyer and that certainly had an impact, as it was obvious to me that he loved what he did. But he never pushed me into the law. To the contrary, he always made it clear to me that trial work is something you should do only if you feel drawn to it, as it is not an easy way to make a living. Fortunately, I am drawn to it. I love advocacy. I enjoy the competition in it, and I am honored that I have the opportunity to put other people’s problems on my back and work on solving them.”

How do you feel having been elected into the American College of Trial Lawyers?
“Honored and humbled, to be quite honest with you. The talent and accomplishments of the men and women that are in the College is staggering, and I am frankly both honored and very humbled to have been invited to join their ranks. Equally important to me is the emphasis the College places on professionalism and collegiality. These are both preconditions to election, and they are traits that I take very seriously.”

What do you credit for getting you to this point in your law career?
“I have been blessed to work under a number of excellent mentors along the way. That list has to start with Judge Lee Rosenthal, with whom I worked as a judicial clerk my first year out of law school. Following that clerkship, I have been privileged to work with a number of exceptional trial lawyers, many of whom were also members of the College. These would include, among many others, Knox Nunnally, Bob Schick, Dick McCarroll, and of course David Beck.”

You are the sixth attorney from Beck Redden to be elected into the American College of Trial Lawyers. What does this say about the Firm?
“It says a lot about David Beck, the founder of our Firm. His dedication to both the craft of advocacy and to professionalism is at the forefront of everything he does. At Beck Redden certain things are non-negotiable. We are to always put forth our very best effort for our clients, and to do so without sacrificing an ounce of professionalism in our dealings with opposing counsel, their clients, and of course the courts.”

Read more about Fields Alexander.




Mastering Data Privacy

exterroAs more states consider data privacy regulations, much of the legislation in question share a few common features. Among them are, in no specific order, are:

  • New consumer rights over business use of personal data
  • Fines or fees for breaches of personal data
  • Requirements that only personal data with a business use be held

While it’s reasonable to suspect that the more specific aspects of each piece of legislation may vary widely, those features seem to make up the foundation of a number of bills sitting in U.S. state congresses (some states are still determining whether to include individual rights of action, for example). Many organizations are attempting to answer a number of questions pertaining to what data they store, why they store it, how they’ll respond to consumer requests for that data, and who can access it—inside or outside the organization.

For many businesses, those features require new enterprise infrastructure and changes to processes in order to comply. In this guide, we’ve outlined four major principles that will help companies master their data privacy processes and maintain compliance with the law:

  • Mastering Your Data
  • Mastering Data Subject Access Requests (DSARs)
  • Mastering Third-Party Vendor Management
  • Mastering Data Retention and Harmonization Practices

Download the resource.




Clickthrough Litigation Trends: 2020 Report

Clickthrough agreement litigation continues to rise, increasing 50% over the last 5 years, and 15% just between 2018 and 2019 alone. As the court gets more sophisticated, its assessments of online agreements and the types of evidence used to enforce them become more sophisticated and stringent.

The 2020 report includes updated statistics and analysis of the main types of evidence used to enforce online agreements in court, and the critical success factors that lead to their enforceability.
Key Takeaways Include:

  • Success factors for the three types of online agreements
  • What makes a piece of evidence successful vs unsuccessful
  • Trends in the court’s assessment of agreements
  • Best practices for online agreements

Download the report.