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LITIGATION MANAGEMENT SUPERCOURSE
Financial Services
CLE SuperCourse - 2014 Ed.

Our Application to the NYS CLE Board is currently pending

Also eligible for credit in Arizona, California, Georgia, New Jersey and Pennsylvania.
We will apply to other states for approval as needed



100% Free of Charge to Attorneys

Space is limited. Please register in advance. Breakfast and Lunch Included.


Friday, September 12, 2014



The City Bar Building
42 West 44th Street
New York, NY


Program Coursebook (PDF)
Download to any device

eCoursebook (ePub 3.0)
Download only on iPad


Friday, September 12 - Opening Statements
9:00a - 9:05a
NETWORK CHAIR
Hugh Gottschalk
Wheeler Trigg O'Donnell (Denver, CO)

9:05a - 9:10a
SEMINAR CHAIRS
John Worden -- Schiff Hardin (San Francisco, CA)
Larry Polk - Sutherland Asbill & Brennan (Atlanta, GA)
 
Session I
9:10a - 9:30a
IN A FEW WORDS -- WHAT EVERY PRACTITIONER SHOULD KNOW ABOUT FINRA'S NEWLY CONSOLIDATED SUPERVISION RULES
Anthony Soukenik
Sandberg Phoenix & von Gontard (St. Louis, MO)
In Regulatory Notice 14-10, the SEC approved FINRA’s revised supervision rules. The new FINRA Rules 3110 (Supervision), 3120 (Supervisory Control System), 3150 (Holding of Customer Mail) and 3170 (Tape Recording of Registered Persons by Certain Firms) become effective December 1, 2014.  This session will discuss the revised rules, and the changes to the manner in which customer accounts must be supervised.
9:30a - 9:50a
CYBERSECURITY - NEW TRENDS AND EMERGING STANDARDS IN THE COURTS AND ECONOMIC MARKETPLACE
Judy Burnthorn
Deutsch Kerrigan & Stiles (New Orleans, LA)
Cybersecurity is at the forefront of compliance efforts at virtually all financial services firms.  Reports of data breaches and identity theft dominate the headlines every week.  This session will explain the potential for liability, damages, and other relief as a result of cybersecurity breaches, the Computer Fraud and Abuse Act, insurance issues relating to cybersecurity coverage, and the impact of the National Institute of Standards and Technology(NIST) Cybersecurity Framework.
9:50a - 10:10a
INDEPENDENT CONTRACTORS - SUPERVISION AND SURVEILLANCE BEST PRACTICES
Kathy Klock
Akerman (West Palm Beach, FL)
The independent contractor model enables broker-dealers to expand their network of registered representatives with reduced overhead, and provides a platform for independent representatives to offer a full range of products and services through the broker-dealer while maintaining independence in the ownership and management of their own business.  The business model also presents supervisory challenges.  This session will focus on risk, supervision and surveillance considerations for independent contractors, and a review of the findings underlying regulatory and SRO decisions involving failure to supervise independent contractor registered representatives.
10:10a - 10:50a
PANEL: FINANCIAL SERVICES IN-HOUSE COUNSEL
Moderator: Brian Rubin
Sutherland Asbill & Brennan (Washington, DC)
Hear from in-house counsel at financial services firms about what keeps them awake at night; where they think the regulators will be focusing next; what they look for when they hire outside counsel; and how law firms can help them do a better job.

With discussion by:
Noah Sorkin - AIG (New York, NY)
David Goldman - Gabelli Funds (New York, NY)
Gerry Gunderson - National Planning Holdings (New York, NY)
 
Refreshment and Coffee Break
 
Session II
11:20a -11:40a
CLASS ACTION REFORMATION
Scott O'Connell
Nixon Peabody (Boston, MA)
The rapidly changing case law interpreting the scope of federal and state class actions poses significant challenges for financial services firms.  The Supreme Court continues to demonstrate its interest in class actions with another full docket of cases.  This session will examine the ways in which the Supreme Court continues to reform this procedural device and the implications these changes have for consumer facing companies.
11:40a - 12:00p
IMPACT OF ADMISSIONS IN REGULATORY SETTLEMENTS
Olga Greenberg
Sutherland Asbill & Brennan (Atlanta, GA)
Securities regulators continue to pursue multimillion dollar settlements against financial services firms.  In recent months, the Securities and Exchange Commission has shifted away from its long-standing policy of settling cases on a neither admit nor deny basis by requiring admissions of wrongdoing in certain cases.  This session will explore the new policy, discuss recent cases that applied it, and address potential implications for future cases.
12:00p - 12:20p
CANADIAN CROSS-BORDER INVESTIGATIONS AND SECURITIES ENFORCEMENT
Sean Boyle
Blake Cassels & Graydon (Canada)
US-based clients that intentionally or unintentionally offer their financial services or products across international borders often face complex regulations and, at times, are the subject of investigations and enforcement proceedings.  Securities regulators in Canada and the United States routinely share information and conduct joint investigations that cross the jurisdictional boundaries.  This session will examine the frequency of anti-corruption investigations, cross border exchanges of information, recent developments relating to the enforcement of SEC verdicts in Canada, and constitutional issues that may arise in joint Canadian/ SEC securities investigations.
12:20p - 1:00p
PANEL: A CONTINUING TREND - INVESTIGATIONS, ENFORCEMENT ACTIONS AND PROSECUTIONS
Moderator: John Fagg
Moore & Van Allen (Charlotte, NC)
While the financial crisis is in the rearview mirror, the financial services industry continues to be a major focus of governmental investigations and actions by federal, state, and international regulators and law enforcement entities.  Hear from a panel of government enforcement attorneys and prosecutors about the continuing efforts to bring enforcement actions and criminal prosecutions against individuals and companies across the financial services industry.

With discussion by:

John Buretta - Fmr Principal Deputy Assistant A.G. (New York, NY)
Brad Mirkin - Nixon Peabody (Boston, MA)
Scott Schools - Moore & Van Allen (Charlotte, NC)
Anne Termine - US Commodity Futures Trading Comm. (Wash., DC)
 
Session III - Lunch Break-Out Sessions

1:00p - 2:00p
TRACK A:
BANKING AND INSURANCE ISSUES
Moderator: Lewis Wiener
Sutherland Asbill & Brennan (Washington, DC)
Room: TWEED

As some semblance of stability has arguably returned to the markets, in 2014 the insurance and banking industries still face greater challenges than ever in many arenas, whether it be Congress, cyberspace, new markets or new technologies. With discussion by:

1:00p - 2:00p
TRACK B:
STAYING AHEAD OF COMPLIANCE ISSUES / INTERNAL INVESTIGATIONS / WHISTLEBLOWERS
Moderator: Brad Mirkin
Nixon Peabody (Boston, MA)
Room: EVARTS

This session will focus on practical, real world advice for avoiding claims and investigations in the first place, and ways to respond quickly yet prudently if they inevitably come. With discussion by:

Jacob Bradley - Frost Brown Todd (Indianapolis, IN)
Stacie Hartman - Schiff Hardin (Chicago, IL)

1:00p - 2:00p
TRACK C:
ARBITRATION
Moderator: John Worden
Schiff Hardin (San Francisco, CA)
Room: CARTER

Whether it be FINRA/investor arbitrations, employee arbitrations or commercial arbitrations, this session will explore real world issues in 2014 including all-public panels, class action waivers, limited rights of appeal, and arbitrator selection, among others. With discussion by:

Kathy Klock - Akerman (West Palm Beach, FL)
Duris Holmes - Deutsch Kerrigan & Stiles (New Orleans, LA)
Larry Polk - Sutherland Asbill & Brennan (Atlanta, GA)
 
Session IV - Includes 1 CLE Hour of Ethics
2:00p - 2:20p
THE LONG AND WINDING ROAD: FINRA EXPUNGEMENTS AND PROPOSED RULE 2081
Jeff Hines
Goodell DeVries Leech & Dann (Baltimore, MD)
Recent FINRA rule changes have greatly expanded the Central Record Depository (“CRD”) reporting requirements for registered representatives identified in customer complaints.  Increasingly, these reps seek to expunge customer dispute information from their CRD records.  The presentation will review FINRA’s approach to expungements over the last few years and the various rule changes that have culminated in the proposal to adopt FINRA Rule 2081, which would impose additional conditions before a registered person could obtain an expungement.
2:20p - 2:40p
ARE WE COVERED FOR THIS?
John Mitchell
Thompson Hine (Cleveland, OH)
The meter can rapidly turn when outside-counsel are brought in conduct internal investigation or to defend companies, corporate officers, and executives facing unwanted governmental scrutiny.  While most companies have insurance for such situations, it is key that these polices be drafted to provide coverage for myriad of different situations that can develop during a governmental investigation.  This session will discuss the different types of policies in place to cover these situations, analyze the case law involved, and suggest “best practices” to insure coverage is in place when the government comes knocking.
2:40p - 3:00p
ETHICS: DEFENDING A FALSE STATEMENT CHARGE? HOW TO AVOID GETTING YOURSELF ENTANGLED
Ken McCracken
Schiff Hardin (Washington, DC)
New authority to prosecute false statements is among the many expansions of jurisdiction now enjoyed by the Commodity Futures Trading Commission as a result of Dodd-Frank. The CFTC has been actively enforcing its new false statement authority; other government agencies have done the same with their respective powers.  This ethics will address how to recognize and avoid problems associated with the ethical implications for attorneys arising from aggressive enforcement of these false statement laws.
3:00p - 3:20p
ETHICS: THE CFPB AND THE ATTORNEY-CLIENT PRIVILEGE: PRACTICAL IMPLICATIONS AND ETHICAL CONCERNS
Todd Gale
Dykema (Chicago, IL)
12 USC 1828(x) states that submission of privileged information to a regulator does not waive the privilege as to any other person or entity.  This can be cold comfort, though, given both the regulator’s enforcement responsibilities and 12 USC 1821(t), entitled “Agencies may share information without waiving privilege.”  This session will discuss how we might protect important privileges and uphold our ethical obligations to our clients, given this statutory scheme.
3:20p - 3:40p
ETHICS: MULTIJURISDICTIONAL PRACTICE AND FINRA ARBITRATION - WHAT CAN YOU DO AND WHERE CAN YOU DO IT?
Matt Fischer
Snell & Wilmer (Phoenix, AZ)
The nature of the securities industry, combined with SRO dispute resolution and hearing locations around the country, translates to a national practice for securities attorneys.  Several states have imposed restrictions on the ability of out of state attorneys to appear in and defend arbitrations.  This session discusses how in-house counsel and outside counsel can avoid unauthorized practice of law issues when handling FINRA arbitrations.
 
Closing Statements
3:40p - 3:45p
NETWORK CHAIR
Hugh Gottschalk
Wheeler Trigg O'Donnell (Denver, CO)
 

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Seminar Agenda
FRI SEPT 12 7:30a Continental Breakfast and Program Registration
FRI SEPT 12 9:00a Opening Statements
FRI SEPT 12 9:10a CLE Session I
FRI SEPT 12 10:50a Coffee and Refreshment Break
FRI SEPT 12 11:20p CLE Session II
FRI SEPT 12 1:00p CLE Session III - Working-Lunch Break-Out Sessions
FRI SEPT 12 2:00p CLE Session IV - Includes 1 Hour of Ethics
FRI SEPT 12 3:40p Closing Statements

WHY IS THIS SEMINAR FREE OF CHARGE?

The Network of Trial Law Firms, Inc. is a not-for-profit membership association. It is the 10th largest law firm association in the world with 6,000 attorneys practicing with 23 law firms in 135 offices in the U.S. and Canada.

The goal of the Network’s 23 member law firms is to provide their clients with high-quality legal representation through advances in education, technology, business and science. The Network sponsors activities to accomplish that goal, including research and study of advances in the state-of-the-art of legal representation, and sponsors continuing legal education seminars such as this one for corporate and outside counsel and insurance industry professionals. Our CLE programs aid in the dissemination of new information and effective techniques and technologies to attorneys and insurance professionals.

Since 1993 we have conducted more than 60 CLE seminars. And more than 100 non-accredited continuing legal education videos are posted online at http://trial.com/cle/index.html and are available for free.

The Network believes that high-quality live CLE can be provided free-of-charge to attendees and therefore looks solely to its participating member law firms for financial support in the production of its CLE programs. For that reason, attendees are never charged for any aspect of the CLE programs produced by the Network. For a list of all Network CLE programs, and links to agendas, course book materials, PowerPoint presentations, please see http://trial.com/programs/index.htm.