Friday Morning, November 8, 2013

9:15 AM
  • CLE 101: Comprehensive Immigration Reform—What It Means to APA Communities Andy Kirk AB
    To 10:30 AM
    +

    By the time of NAPABA Convention, Comprehensive Immigration Reform (CIR) Bill will either have passed or gone down in defeat.  All things point to a willingness by both the Republicans and Democrats to reach an agreement on how to manage the estimated 11 to 13 million undocumented aliens in the U.S. and provide them with a path to legalization or citizenship.  The recently passed Senate Bill 744 by the “Gang of Eight” have received generally favorably review.  However, CIR discussion is highly political, emotional, and fragile.  The House of Representatives have indicated that it will have its own version of CIR, not willing to adopt S. 744.  The recent Boston Marathon Terrorist Attack has already prompted at least one Senator to re-evaluate the idea of CIR.  This panel seeks to examine what is contained in the CIR bill, if one indeed is passed, that is of particular concerns to the Asian Pacific communities in the U.S.  If the Bill was defeated, what can we anticipate with the immigration system in the U.S. in the future.

    Program Chair & Moderator:
    Jared Leung
    Director, Fennemore Craig, P.C.

    Panelists:
    Jack Chen
    Senior Policy Counsel, Immigration, Labor, and Employment, Microsoft Corporation

    Tuyet Duong
    Senior Advisor on Asian Americans and Pacific Islanders, U.S. White House

    Marita Etcubanez
    Director of Programs, Asian American Justice Center

    Leezie Kim
    Partner, Quarles and Brady

    Patrick Shen
    Partner, Fragomen, Del Rey, Bernsen & Loewy LLP

  • CLE 102: APA Advancement in the Legal Profession: What’s More Effective – Aggressive or Subtle Advocacy? Basie Ballroom C
    To 10:30 AM
    +

    With a point/counterpoint approach and audience voting, panelists will discuss the pros and cons of aggressive versus subtle advocacy in promoting the advancement of APIs in the legal profession.  Which approach is more effective?  Is there a price to be paid for being vocal or demanding?  How might it backfire?  What is the down side of being too nuanced and subtle?  Is there a tendency not to speak up?  Is it the default or easy position?  Should we as an API community actively strive to not fall into this default reaction?  Using concrete examples from their experiences and personal strategies, this panel will go beyond the fluff to debate the hard issues of what API’s need to do to reach greater momentum in the profession.

    Program Chair:
    Chester Te

    Moderator:
    Peggy Nagae
    Owner, Peggynagae Consulting

    Panelists:
    Joan Haratani
    Partner, Morgan Lewis & Bockius LLP

    Paul Lee
    Partner, Goodwin Procter LLP

    Nimesh Patel
    Executive Director for Diversity & Inclusion, U.S. Department of Homeland Security

    Miguel R. Rivera Sr.
    DSVP and General Counsel, Payless Shoesource

  • CLE 103: Going Public 101 Julia Lee AB
    To 10:30 AM
    +

    At one time – back in the Internet boom days of the late 1990′s — an initial public offering (“IPO”) was almost certain to be successful, whatever the business model and whatever the financial history and prospects. Or so it seemed. Then many young companies went out of business and the litigation is still going on. A decision to go public is not one that any business takes lightly. It takes years of planning, lots of hard work, lots of risk, and a highly uncertain result. However, a successful IPO can result in great rewards for the entrepreneurs who nursed the company to that point. The real work begins though once the ticker shows your name. Our panel will discuss the process, the opportunities and the risks.

    Program Chair & Moderator:
    Michael Wu
    General Counsel, RosettaStone

    Panelists:
    Lee Cheng
    General Counsel, Newegg Inc.

    Robert Connolly
    President and Founder, Lockton

    Jose Lau
    Senior Counsel, Sempra Energy

    David Lee
    Partner, Latham & Watkins LLP

    James E. Williams
    Vice President, General Counsel and Secretary, Liquidity Services, Inc.

  • CLE 104: Data Privacy Issues for Counsel: It’s Always Something Basie Ballroom A
    To 10:30 AM
    +

    When corporate directors and management are asked “What keeps you up at night?” one of the top answers is “the potential for a cyber-security breach.”  This area is rapidly evolving as technology becomes more pervasive, big data gets bigger and companies extend their reach internationally.  This panel will provide an overview of the hot button topics in the area of cyber security and what corporate leadership needs to do to prepare themselves for potential breaches of security and what to do in the aftermath of a breach.  The panel will be comprised of outside and in-house counsel who are experts in this area, including Certified Information Privacy Professionals, as well as a prosecutor specializing in computer crime.

    Program Chair & Panelist:
    Wesley L. Hsu
    Chief, Cyber and Intellectual Property Crimes Section, U.S. Attorney’s Office, Los Angeles

    Moderator:
    Marty Lorenzo
    Partner, Mintz Levin Cohn Ferris Glovsky & Popeo PC

    Panelists:
    Paul S. Chan
    Principal, Bird Marella

    Cynthia J. Larose
    Chair, Privacy and Security Practice, Mintz Levin Cohn Ferris Glovsky & Popeo PC

    Bettina Yip
    Associate General Counsel & Assistant Corporate Secretary, Del Monte Foods Company

  • CLE 105: Shelby v. Holder: Legal Barriers to Asian American and Minority Voting Rights in 2012 and Beyond Bennie Moten AB
    To 10:30 AM
    +

    The lead up to the 2012 presidential election inspired state legislatures to create new and innovative ways to disenfranchise minority voters. The disenfranchisement was in the form of redistricting, voter registration laws, voter I.D. laws, proof of citizenship laws and challenges to Section 5 of the federal Voting Rights Act of 1965. This program will discuss some of the notable laws and cases concerning voter eligibility and the resulting implications on Asian American voters for the 2012 presidential election and future elections. In particular, this program will discuss the Supreme Court decision in Shelby County v. Holder, and the implications of the ruling on Asian Americans and other voters. The program will also discuss voter registration and proof of citizenship laws, including a discussion of the Supreme Court decision in Arizona v. Inter Tribal Council of Arizona, as well as voter I.D. laws and the Pennsylvania Supreme Court case, Applewhite v. Pennsylvania.

    Program Chair & Moderator:
    Jerry Vattamala
    Staff Attorney, Democracy Program, Asian American Legal Defense and Education Fund

    Panelists:
    Mee Moua
    President and Executive Director, Asian Americans Advancing Justice

    Stella Tsai
    Partner, Archer & Greiner, PC

  • CLE 106: To a Smartphone Near You! Tips, Tricks, and Pitfalls with Taking Your Business Mobile Basie Ballroom B
    To 10:30 AM
    +

    Consumers use smart phones to shop, bank, socialize and stay connected.  About half of the US population uses smart phones today and that number is expected to continue growing.  For businesses who want to reach consumers via smart phones, you need to know the right way to advertise, service products, and avoid pitfalls with taking your business mobile.  This panel will discuss the recent dot.com advertising guidelines released by the Federal Trade Commission for mobile devices, recent developments from the Consumer Financial Protection Bureau, electronic disclosures and contracting via mobile devices, data security and privacy issues with mobile, and how to protect your company from intellectual property issues that may arise with mobile technology.

    Program Chair & Moderator:
    Grace Powers
    Senior Vice President, Assistant General Counsel, Bank of America

    Panelists:
    Joseph D. Lee
    Assistant General Counsel, Microsoft Corporation

    Margo Tank
    Partner, Buckley Sandler LLP

    Andrew D. Wone
    Attorney, Federal Trade Commission

    Sponsored by Bank of America

10:45 AM
  • CLE 201: Countering Counterfeiting Mary Lou Williams AB
    To 12:00 PM
    +

    Countering Counterfeiting: Lawyers from Thompson Coburn LLP and Brinks Hofer Gilson & Lione will conduct an interactive discussion regarding the prevalence, adverse consequences of and strategies for curbing counterfeiting in the digital age.  The panel will discuss the obvious and not-so-obvious sources and types of counterfeiting as well as how such counterfeiting may impact your clients.  In addition, they will provide case studies and recommendations for proactive strategies to counter counterfeiting.

    Program Chair & Moderator:
    Kal Shah
    Partner, Thompson Coburn LLP

    Panelists:
    Manish Mehta
    Senior Associate, Brinks Hofer Gilson & Lione

    Michael Parks
    Partner, Thompson Coburn LLP

  • CLE 202: Transfer Pricing, Tax Planning, and Enforcement: Preparing Multinational Corporations for Shifts in MOmentum Jay McShann B
    To 12:00 PM
    +

    To achieve a competitive worldwide effective tax rate, multinational corporations needs to stay on top of the latest tax laws and treaties, regulatory policies, and changing political landscapes across the globe.  In the US, the IRS is turning up the heat on multinational companies which have allegedly avoided billions of US tax dollars through transfer pricing and other tax minimization practices. US officials admit that transfer pricing practices might comply with the letter of the law, thereby making it a target for tax reform.  US tax treaty partners are themselves becoming more assertive in transfer pricing cases, creating questions of jurisdiction and competitive enforcement environments. Our panel of legal and accounting experts will cover key transfer pricing concepts, common misperceptions; how IP gets licensed using treaty systems; transfer pricing risk management; transfer pricing audit management and resolution; proposed tax reform initiatives designed to address perceived abuses and increase tax revenue.

    Program Chair & Moderator:
    Stella Tsai
    Partner, Archer & Greiner, PC

    Panelists:
    Stephen Packman
    Partner, Co-Chair, International Law Group, Archer & Greiner, PC

    Dorothy Siron
    Partner, Boughton Peterson Young & Anderson

    George Soba
    Principal, Deloitte Tax LLP, SE Transfer Pricing

  • CLE 203: Women Rainmakers – The Serious Truth about Getting Business Basie Ballroom A
    To 12:00 PM
    +

    Women lawyers can overcome bias and improve their client base. Showcase lessons from women lawyers who have successfully proven their ability to get the business, make the pitch or assemble the team, then manage the work and keep clients happy.

    Program Chair & Moderator:
    Judy Lam
    Partner, Greenberg Glusker

    Panelists:
    Yi-Chin Ho
    Partner, Latham & Watkins LLP

    Laura Hong
    Partner, Squire Sanders

    Sponsored by Stinson Morrison Hecker LLP

  • CLE 204: What the Frack?!? The Impacts of Hydraulic Fracturing Bennie Moten AB
    To 12:00 PM
    +

    Hydraulic fracturing (“fracking”) has moved to the forefront of debate over U.S. energy policy. In the fracking process, a mixture of mostly water, a proppant (often sand used to keep fractures open), and a very small concentration of other chemicals is injected deep into the ground to force open cracks within a shale formation or other geological structure. These fractures allow natural gas in the formation to be more easily extracted. Fracking techniques have led to a boom in domestic natural gas production. A variety of federal and state regulations have been proposed or finalized to govern potential environmental risks associated with fracking, including those associated with chemicals used in fracking fluids and air emissions from fracking operations.  Despite this emerging regulatory scheme, significant controversy remains with respect to fracking risks, costs, and benefits.  Opponents often focus on the risk to water supplies or ground stability, while proponents point to the significantly lower carbon intensity of natural gas obtained from fracking when compared to other fossil fuels.  This panel investigates diverse perspectives on fracking and the laws emerging to govern it.

    Program Co-Chair:
    Judy Kim

    Program Co-Chair & Moderator:
    Shailesh Sahay
    Associate, Arnold & Porter

    Panelists:
    Mark Anstoetter
    Partner, Shook Hardy & Bacon L.L.P.

    Janet McQuaid
    Partner, Norton Rose Fulbright

    Rick Smead
    Director, Energy, Navigant

  • CLE 205: Bringing Balance to the Force: The Solo and Small Firm Life Julia Lee AB
    To 12:00 PM
    +

    As attorneys, we want it all.  We want illustrious careers, while we want to raise our families and spend quality time with them.  The legal profession has become increasingly more competitive.  So, the idea of achieving a “Balance in The Force,” seems to be wishful thinking.  Young attorneys will hear from experienced transactional, litigation and trial attorneys who have established their own solo or small Firms.  To create the work/life balance, panelists will speak about the flexibility created by a cloud-based practice and how to start one.  Panelists will also provide invaluable tips on how to use social media to network, expand the practice and make rain.  Finally, panelists will speak about how to create and thrive in a niche practice, where the fees and types of cases are comparable to big firms.  Working less hours, earning more, and having down time is the goal of this panel’s message.

    Program Chair & Moderator:
    Sun E. Choi
    Managing Partner, Metropolitan Law Group, LLC

    Panelists:
    Charles H. Jung
    Trial Lawyer, Nassiri & Jung LLP

    SuYong Min
    Principal, SuYong Min, PLLC

    Hugh H. Mo
    Principal, Hugh H. Mo, P.C.

  • CLE 206: SEC Enforcement Update – Recap and the Path Ahead Andy Kirk AB
    To 12:00 PM
    +

    This year has seen a change of leadership at the SEC, both at the Chairman level and at the top of the Enforcement Division.  What does this mean for SEC enforcement? This panel of expert SEC practitioners, both from the private sector and the SEC will give you their insight.  They will also examine the SEC’s continued focus, with the Department of Justice, on enforcement of the Foreign Corrupt Practices Act, including the SEC’s entering into its first ever Non-Prosecution Agreement.  They will discuss the SEC’s enforcement of insider trading laws and the continued viability of “expert networks.”  They will also debate the SEC’s apparent interest in enforcing the STOCK Act (Stop Trading on Congressional Knowledge) and focusing on “political intelligence” firms.  And no discussion about the SEC is complete without an update on the Dodd Frank Act Whistle Blower provisions.

    Program Chair & Moderator:
    Vasu Muthyala
    Counsel, O’Melveny & Myers LLP

    Panelists:
    Shawn Chen
    Partner, Cleary Gottlieb Steen & Hamilton LLP

    Jose Lopez
    Partner, Perkins Coie LLP

    Smeeta Ramarathnam
    Chief of Staff to Commissioner Luis Aguilar, Securities & Exchange Commission

  • CLE 207: Advanced Investigation Techniques: A Case Study Basie Ballroom B
    To 12:00 PM
    +

    This program will be an interactive analysis and review of strategies and techniques in conducting compliance and HR investigations. The program will be based upon a hypothetical employee complaint that their supervisor has been pressuring him and other employees to engage in illegal and unethical sales tactics. The moderator will guide the audience through various decision points through the investigation process including who should handle the investigation (HR, compliance, legal, outside counsel), which employees should be interviewed and in what order, whether to confront the employee with “smoking gun” evidence or to let the employee talk, etc. After the audience votes, panelists consisting of law firm, in-house and government lawyers will analyze each decision and raise other issues that might arise.

    Program Chair & Panelist:
    John Park
    Partner, Waller Lansden Dortch & Davis, LLP

    Moderator:
    Kevin Chung
    Director, Corporate Compliance Entertainment Law, Sony Computer Entertainment America LLC

    Panelists:
    Ted Borromeo
    Assistant General Counsel, Employment Law, McKesson Corporation

    Carolyn Lam
    Labor & Employment Counsel, PLH Group, LLC

    Mike Oesch
    Lead Investigator, OSHA Region VII’s Whistleblower Protection Program, U.S. Department of Labor

  • CLE 208: Achieving Critical Mass: Asian Pacific Americans As an Emerging Political Force Basie Ballroom C
    To 12:00 PM
    +

    Since at least 2009, the number of Asian immigrants entering the United States has exceeded that of Hispanics, and in 2012, Asian-Americans cast a higher percentage of their ballots for President Obama than did Hispanics.  As the Asian-American population continues to grow, so does the importance of Asian-American voters and candidates.  How can the Asian-American community raise its political influence, and increase the number of Asian-American political leaders?  This interactive program on Asian-American political empowerment discusses the political impact of Asian-American advocacy groups, proposes strategies for Asian-American candidates seeking election, and debates whether a cohesive Asian-American voting bloc is achievable or desirable.

    Program Chair & Moderator:
    Thy B. Bui
    Associate, Crowell & Moring LLP

    Panelists:
    John Chiang
    Controller, State of California

    Helen B. Kim
    Senior Attorney, Theodora Oringher PC

    Ramey Ko
    Partner, Jung Ko PLLC

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