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ACI’s 6th National Forum on Energy Trading Compliance and Regulatory Enforcement

October 3rd, 2012
in Energy & Resources, Regulatory & Compliance |

When: Thursday, November 15 to Friday, November 16, 2012

Where: The Washington Marriott, Washington, DC, USA

Here are the top five reasons why you should register for American Conference Institute’s 6th National Forum on Energy Trading Compliance and Regulatory Enforcement:

1) In this area it has never been more important to hone your skills for managing the unpredictable, with a new paradigm in Energy Trading in effect. This is the forum that will shape the future of strategies for Achieving Compliance, Avoiding Investigation and Managing Regulatory Actions in an Era of Heightened Scrutiny. With all that’s at stake, you simply cannot afford to miss it.

2) An unparalleled in-house faculty, including from: Hess Corporation, Powerex Corp., PJM Interconnection, Con Edison, Mercuria Energy Trading, ConocoPhillips Company, Eni Petroleum Co., Inc., Enbridge Energy Company, Atmos Energy, The Energy Authority, CME Group Inc., Bank of America Merrill Lynch, Barclays Capital Inc., JP Morgan Chase, and Credit-SuisseSecurities USAand many others….
VIEW FACULTY HERE

3) A unique opportunity to hear government priorities in this evolving area. Hear from:

  • Phyllis J. Cela, Deputy Director/Chief Counsel, Division of Enforcement, CFTC
  • Dan M. Berkovitz, General Counsel, CFTC
  • Lauren Rosenblatt, Chief, Branch 5, Division of Investigations, Office of Enforcement, FERC
  • Daniel A. Mullen, Chief, Branch 4, Division of Investigations, Office of Enforcement, FERC
  • Sean Collins, Deputy Director, Division of Analytics and Surveillance, FERC
  • Robert Ivanauskas, Policy Advisor to Commissioner Moeller, FERC
  • James F. Momgoven, Deputy Assistant Director, Bureau of Competititon, FTC
  • Robertson Park, Former Assistant Chief, Fraud Section, Criminal Division, U.S. DOJ

4) For more than a decade, ACI has proven to be the leader in industry-specific compliance events.  We follow industry developments, and are constantly in touch with the movers and shakers in the Energy Trading Compliance world. The result is original, innovative, and highly relevant content that consistently allows in-house professionals and outside counsel to benchmark their current strategies.

5) The event is replete with networking opportunities, including breakfasts and luncheons.

ACI’s 28th National Conference on the Foreign Corrupt Practices Act

October 3rd, 2012
in Anti-Corruption / FCPA, Ethics Credits, Legal Conferences |

When: Thursday, November 15 to Friday, November 16, 2012

Where: Gaylord National Resort & Conference Center, Washington, DC, USA

Join hundreds of in-house counsel, ethics & compliance executives, forensic accountants, FCPA, securities and corporate governance attorneys from around the globe for ACI’s 28th National Conference on the Foreign Corrupt Practices Act.

The 2012 program will feature the following NEW interactive discussions and case study panels:

  • What Not to Do and Lessons Learned from the Most Costly FCPA Compliance Mistakes
  • Friend or Foe? How to Survive an FCPA monitorship
  • Creating a Home for the Whistleblower in a Bounty Hunter
  • How to Effectively Communicate with the Board and Ensure Board Buy-in and Support of Your FCPA Compliance Program
  • Navigating Diverging Client Interests during an FCPA Government investigation
  • Inside the Defense of the Lindsey Manufacturing, Africa Sting and O’Shea Prosecutions

Hear from Senior U.S. DOJ and SEC Officials on:

  • USDOJ Guidance on the FCPA
  • SEC “Neither-Admit-Nor-Deny” Settlement Policy
  • The Key FCPA Cases of 2012 and Current Enforcement Priorities
  • Where Companies Go Wrong on FCPA Compliance
  • Trip Wires in FCPA Internal Investigations
  • Response to Whistleblower Allegations
  • Disclosure, Cooperation and Global Compliance Expectations
  • What Effective FCPA Books and Records Should Look Like

 

ACI’s 2nd National Summit on Industrial & National Security Compliance

September 28th, 2012
in Aerospace & Defense, International Trade & Defense, Manufacturing & Industrial, Regulatory & Compliance, Telecoms & Technology |

 

When: Wednesday, November 14 to Thursday, November 15, 2012

Where: Hilton Arlington, Arlington, VA, USA

Led by industry veterans Stanley Borgia (Rolls-Royce NA) and Christopher Griner (Kaye Scholer) who will be Co-Chairing ACI’s 2nd National Summit on Industrial & National Security Compliance, benefit from the unique blend of in-house trade and security professionals, US government regulators and seasoned attorneys and consultants who will provide practical strategies for regulatory compliance, and security of your most valuable assets.

KEYNOTES:

  • DSS Priorities, Oversight, Pending Legislation and Policy Initiatives: Stanley L. Sims – Director, Defense Security Service
  • Counterintelligence and Cyber Crime Update from the FBI:  Robert Anderson, Jr., Assistant Director of Counterintelligence Division, Federal Bureau of Investigation
  • The CFIUS Process: Mark Jaskowiak, Deputy Assistant Secretary for Investment Security, US Department of Treasury

IN-HOUSE Perspectives:

Rolls-Royce North America, Boeing, Smiths Group, Lockheed Martin, Raytheon, Symantec, General Dynamics, iDirect Government Technologies, DRS Technologies, CACI International, Ball Aerospace & Technologies, and BAE Systems

Complete your training at Exclusive Post-Conference Working Group Sessions – November 16, 2012:

  • A: DSS INSPECTIONS: A Practical Guide to Preparing for Vulnerability Assessments: Maximizing your Chances of Receiving a “Superior” Rating through Security “Enhancements” – Led by Richard Lawhorn (DSS), Jennifer Brown (iDirect Technologies) and Kenneth White (Raytheon)
  • B: Technology Control Plans (TCP) and Electronic Communications Plans (ECP): The Ins and Outs of Crafting a Comprehensive TCP and ECP to Control Foreign National Access and Protect Classified Information - Led by Richard Naylor (DSS), Ted Timberlake (Global Integrated Security), and Dale Turza (Cadwalader, Wickersham & Taft)

ACI’s Medical Device Licensing Conference

September 28th, 2012
in Healthcare, Intellectual Property, Legal Conferences, Pharmaceuticals / Biotech / Life Sciences |

 

When: Tuesday, November 13 to Wednesday, November 14, 2012

Where: Sutton Place Hotel, Chicago, IL, USA

Smooth sailing is never a given when entering any sort of agreement.  Due diligence, cautious partner selection, and carefully crafted license terms are employed as a shield against the dreaded L-word: Litigation.

But fighting does not have to mean failure. Ask the panelists of ACI’s Medical Device Licensing Fixing Agreements Gone Wrong: Tales from the School of Hard Knocks“ 

  • Peter D. Weinstein, Ph.D., J.D., Chief Executive Officer, ONE3 IP MANAGEMENT
  • Trevor K. Copeland, Shareholder, Brinks Hofer Gilson & Lione
  • Andres Liivak, Partner, Kaye Scholer LLP  

In addition, speakers from over 20 leading companies will present techniques for:

  • Deciding when you need to renegotiate if litigation affects the patent
  • Addressing the need for an exit strategy with termination clauses
  • Keeping each party’s IP protected and separate while allocating indemnity and product liability
  • Providing for future dispute resolution while goodwill is strong
  • Negotiating dispute resolution clauses to your advantage

These experts have been through agreements that fell apart, picked up the pieces, and moved forward to better, more successful deals for having sloughed through the mess. They have the benefit of hindsight on terms and situations that lead to litigation – and will be in Chicago on November 12-13 for you to benefit from their hard won wisdom.

ACI’s 10th National Rx Drug Pricing Boot Camp

September 27th, 2012
in Legal Conferences, Pharmaceuticals / Biotech / Life Sciences |

 When: Tuesday, November 13 to Wednesday, November 14, 2012

Where: New York Marriott Downtown, New York, NY, USA

Bio and PhRMA have joined forces, urging CMS to delay the Part B Drug Price Substitution Policy until AMP regulations are finalized (which is expected in 2013).  Currently, CMS has the authority to use the WAMP calculation (103% of AMP) to alter the reimbursement rate for drugs administered in the physician office under Medicare Part B, though they have not yet exercised this authority. 

Because the agency has not yet finalized new regulations regarding the method for calculating AMP following a legislative redefinition in the Affordable Care Act, BIO urged the delay in implementing the substitution and stated in its comments to CMS, , “The final regulations almost certainly will affect the relationship between AMP and ASP, and, accordingly, the appropriateness of price substitution.”   

Government drug pricing, particularly in light of the recent changes resulting from health care reform can be confusing for even seasoned pricing professionals, therefore, if you don’t deal with government pricing directly, it can sometimes seem impossible to understand.  ACI’s 10th National Rx Drug Pricing Boot Camp has been designed to make sense of the confusion.  Whether you are in commercial pricing, legal, finance or technical support, our Boot Camp can teach you the fundamentals you need to know to perform your drug pricing related responsibilities.   

This event has been designed to make government drug pricing easy to understand even for those executives not deal directly with drug pricing.  Attend the pre-conference workshop to seamlessly join discussions of FDA regulatory law at the main conference.  Government Payor Pricing 101: Primer for Professionals New to Pharmaceutical Pricing” will provide attendees with a basic overview of government payor programs such as Medicare and Medicaid while the main conference will serve as an intensive training in the fundamentals of government pricing concepts and methodologies.   

Get the focused and in-depth information you need at the Post-Conference Workshop to maximize your learning and networking experience at this event!

Federal; Government Contracts and Pricing: FSS, VA, DoD, and More will build on the pricing fundamentals covered during the main conference and delve into the core pricing competencies for the “Big Four” government agencies.

Over the years, ACI’s Rx Drug Pricing Boot Camp has become a key industry event for pharmaceutical manufacturers who want to bring their government pricing and related departments up to speed on the latest developments in government payor programs.  Manufacturers are already signing up their teams for this year’s event – join your colleagues in ensuring that your pricing executives are ready to face health care reform implementation challenges head-on.

Take advantage of the lowest tuition price by registering early and ensure your spot at what is sure to be a sold out event.  Register by October 12, 2012 to lock in the discounted $2095 rate

I Never Meta-Contest I Didn’t Like

September 20th, 2012
in Advertising & Marketing, Expert Guest Blog Entries |

Expert Article by Ryan M. Garcia

Last week I had to privilege to co-chair the ACI Social Media, Sweepstakes, and Promotions conference in New York City.  I chaired the event last year when it was focused more on social media and the business analytic technology behind it all, so it was interesting to see the shift in focus and the increased attendance (easily twice as big this year).

Conference chairs have some very important responsibilities during the conference: we introduce speakers and hold up time cards to keep them on schedule.  It’s grueling work.  We also are given a 15 minute time slot at the start of the day to make any introductory comments.  Last year, since I chaired both days, I spoke one day about my favorite parts of Dell’s social media team and the other day I made it a bit more personal talking about all the ways social media helped me out when my wife ended up getting an emergency appendectomy in New York City about 6 weeks prior to the conference.

This year, since I only chaired one day, I decided to do something a little different.  I chaired the first day which had more of a focus on sweepstakes and promotions, so I spoke about how the essence of those contests is something many people and companies have lost: the game.  Sure, a sweepstakes is nice if I think I can give something of little value (my email address and name) in exchange for a big prize.  But over time I realize that I get more email than I wanted and I never win, so they aren’t fun.  Instead, the best promotions are fun games by themselves and even if I win nothing I have a blast participating and tell all my friends about it.

To illustrate the point, I spoke about my favorite book from the last several years, Ready Player One.  If you haven’t read it, you should.  In the near future, everyone goes to school, works, and plays in a virtual reality system called OASIS.  The creator of the system died and left his entire fortune to whoever can complete three challenges in the game.  Since this programmer loved 80s pop culture, movies like WarGames and video games like Joust and music like Rush all weave themselves into the game.  So this is an entire book about a contest with billions at stake.

When the paperback version of the book came out, Ernie Cline, the author, decided to have his own contest.  He devised three challenges and whoever completed them first would win a replica of his car (he has a DeLorean made to look like the car from Back to the Future).  The first two stages were some relatively simple retro-style games (think Atari 2600, if you can remember that far back).  The third stage was a doozy–set a new world record in a video game.  Yikes.  But a few days later, the prize was won. Here’s Ernie’s blog post with a note on how the winner did it if you’re interested.

My message to the lawyers and marketers attending the conference was to of course learn all they could those two days to make sure their contests complied with legal restrictions and platform terms, but also to make their games fun.  And to inspire them, I held a contest of my own.  Before each speaker or panel I would give them a random word or phrase (like “Zombies” or “Swiss Cheese”) and anyone who incorporated the word/phrase into a comment or question could get 1 or 2 points (depending on how creative it was).  It was a game anyone could play, from speakers, to observers, and I’m happy to say every round we had at least one participant (and when people did work it into a comment or question there was usually a bit of applause from the crowd).

I also devised some contest Easter Eggs of my own.  Sadly, nobody found them.  The first was in my speaker bio where I said the first person to tell me “Bacon is awesome!” would earn 3 points.  The second was in this blog post.  I guess people were just too busy watching all the awesome speakers to go searching.

The prize for winning was, naturally, an autographed copy of Ready Player One which Ernie graciously signed for me prior to my trip.  And I even had a consolation prize for the best comment done in the session immediately after lunch (also known as the Food Coma Session at most conferences).  I hope both winners enjoy reading the book (they hadn’t read it yet, so I got to spread some more RPO joy) but more importantly I hope the attendees saw that it isn’t hard to make a fun game out of a contest.  Something that can be much more memorable than a simple sweepstakes that the vast majority of people will forget except when they get the annoying follow-up emails they signed up for to enter.

ACI’s 4th National Forum on DCAA Audits

September 18th, 2012
in Aerospace & Defense, Financial Services, Legal Conferences, Manufacturing & Industrial, Telecoms & Technology |

 When: Monday, November 12 to Tuesday, November 13, 2012

Where: Hilton Arlington, Arlington, VA, USA

ACI’s DCAA Audits Conference, scheduled for November 12-13 in Arlington, VA, is one of the few events that has a consistent track record in gathering key government and industry decision-makers all in one room.  Past attendees have found this event to be very worthwhile, providing them with invaluable networking and best practices that they can apply to their daily work:

“Discussion content extremely timely and relevant to our company’s operations” – L-3  

“Good benchmarking opportunity.” – AMETEK AEROSPACE & DEFENSE

“Great refresher. Reminds me to refocus efforts based on conference presentations. Very organized and well-run. Great variety of speakers.” – GE AVIATION

“This was informational and confirmed that our issues are experienced by a lot of other contractors. It was eye opening as to where we are going in the future with DCAA and how they will be influencing business decisions.” – SRCTec

HERE ARE MORE REASONS WHY THIS EVENT DIFFERS FROM OTHER CONFERENCES:

1. DCAA, DCMA and DPAP are all confirmed for the event:

  • John Shire, Deputy Assistant Director, DCAA Policy & Plans Directorate
  • Steve Trautwein , Deputy Director, Cost & Pricing Center, DCMA
  • Shay Assad, Director, Defense Pricing, Defense Procurement and Acquisition Policy (DPAP)

View all speakers.

2. In addition to CLE and CPE, you will gain best practices for addressing the most critical issues affecting your bottom line.  View full agenda.

3. Meet and learn from Rolls Royce, DynCorp, CH2MHill, Lockheed Martin, Honeywell, BAE, Fluor, Alion, URS, Eaton, Huntington Ingalls Industries, and Boeing.  You will also hear from leading private practice consultants and attorneys, who are recognized subject-matter experts on a wide range of complex DCAA audit issues. 

4. Highly in-depth, practical sessions, including:

  • Audits under the New Business Systems Rule: Upgrading Business Systems Demonstrations and Corrective Action Plans to Meet DCAA Expectations
  • Operating amid the Incurred Cost Audit Backlog: The Latest on DCAA’s More Detailed Sampling, Submission and Supporting Documentation Standards
  • What to Do When You Disagree with DCAA Audit Findings: When and How Far to Push Back, and Successful Rebuttal Strategies
  • The Rise in DCAA Fraud Referrals to DoJ: How Recent False Claims Act Cases Have Been Won and Lost
  • Labor Qualification Audits: Ensuring You Have the Required Internal Controls, Data and Documentation
  • DCAA Compensation Audits: How Recent Cases Have Changed DCAA’s Approach and Expectations

ACI’s Forum on International Labor & Employment Law

September 18th, 2012
in Employment & Benefits, Legal Conferences, Litigation |

 When: Monday, October 29 to Tuesday, October 30, 2012

Where: The Carlton Hotel, New York, NY, USA

ACI’s Forum on International Labor & Employment Law has been specifically designed to provide both in-house and outside counsel for multinational corporations with everything that they need to know to handle the multitude of international labor and employment issues confronting them.  Our unparalleled international speaker faculty will provide attendees with key insights for managing and overcoming the most difficult challenges and mastering the nuances inherent in international employment law.

We’ve polled the audience, and below are the 7 top issues that international labor and employment professionals are facing and which will be a focus of the conference:

  • Reducing exposure to lawsuits arising from hiring and firing
  • Drafting and enforcing cross-border restrictive covenants with confidence
  • Protecting data and privacy, including cross-border investigations and employee social media activity
  • Conducting successful reductions in force, mergers and acquisitions across borders
  • Effectively managing expat assignments, including benefits and tax considerations
  • Implementing global corporate social responsibility initiatives without increasing exposure to litigation
  • Overcoming the hurdles associated with extraterritorial enforcement of U.S. discrimination and whistleblower laws

This year’s International Labor & Employment Law conference has been tailored to address the needs of in-house and outside employment counsel for multinational corporations.  Plus, don’t miss out on an unparalleled international faculty from more than 20 cities world-wide and networking opportunities with in-house counsel from multinational corporations including:

FedEx Corporation, Halliburton, Northrop Grumman, McDonald’s, Toyota Tsusho America, Reed Elsevier, Goldman, Sachs & Co., BNP Paribas
Hill-Rom, ServiceMaster, Marsh & McLennan, Credit Suisse
…and many other companies in the audience as well!

Join us in New York on October 29-30 at the beautiful Carlton Hotel on Madison Avenue.  When registering, don’t miss out on the in-depth pre and post-conference workshops.

Pre-Conference Workshop • Sunday, October 28, 2012 • 3:00p.m. – 5:30p.m.
Employment Law Primer on the International Reach of Title VII, ADA, and ADEA
Post-Conference Workshop • Tuesday, October 30, 2012 • 2:45p.m. – 5:15p.m.
An In-Depth Look at the Hotbed of Continental Europe and the UK

Learn more about the conference workshops

ACI’s 5th National Forum on ERISA Litigation

September 17th, 2012
in Employment & Benefits, Legal Conferences, Litigation |

 When: Monday, October 29 to Tuesday, October 30, 2012

Where: New York Marriott Downtown, New York, NY, USA

ERISA defense counsel are facing a growing number of claims from an increasingly sophisticated plaintiffs’ bar. It is essential that defense counsel are prepared for these new and emerging claims and fully up-to-date on which defense strategies are working and which are not.

This October, the country’s leading ERISA litigation attorneys, expert in-house counsel, and renowned federal judges from around the nation will congregate in New York for the 5th National Forum on ERISA Litigation – make sure that you do not miss out!  

Registrations are far outpacing all previous iterations of this event and the October conference is on pace to be our largest yet.  This is no doubt due in large part to our unparalleled speaker faculty combined with the mounting pressures on defense counsel from an uptick in ERISA claims. 

If you haven’t already registered, here are 4 reasons why you must register today:

1. Hear firsthand from 20 renowned judges, representing courts located in 8 circuits

2. Benchmark and network with more than 25 in-house industry experts, from firms including:

AIG
Blue Cross/Blue Shield
Chartis
Chubb
Crawford & Co.
       Deere & Co.
Del Monte
Fidelity Investments
Honeywell
Kraft Foods Group
       Procter & Gamble
Prudential
Target
Wells Fargo
W.R. Grace & Co.

3. Your clients and colleagues have already registered – you do not want to fall behind the curve!

4. Receive up-to-the minute strategic advice and critical insights on key ERISA topics, including:

  • PPACA and its impact on ERISA administration and litigation
  • Cigna v. Amara revisited: assess the repercussions of this landmark case and its progen
  • ERISA fiduciary litigation: new and emerging theories of liability, their impact on defense strategies, minimizing exposure to fiduciary liability, and defending against a DOL investigatio
  • Emerging trends in stock drop and ESOP litigation, the 404(c) safe harbor provisions, and new theories of liability relating to investment decisions in defined benefit plan
  • 401(k) fee cases: current litigation trends, evolving defense strategies, reaction to Tussey v. ABB, Inc., and new DOL disclosure rule
  • Benefits litigation: defeating the latest claims, overcoming evidentiary issues in ‘conflict’ situations, and mor
  • Service providers: ensuring adequate communication with service providers and managing litigation that arises between plan sponsors and service provider
  • Fiduciary liability insurance: ensuring adequate coverage and assessing its impact on settlement considerations
  • Winning the procedural battle in ERISA litigation: new procedural developments and how to use them to your advantage or minimize their negative impact on your case

ACI’s 2nd Managing Complex ITC Litigation Forum

September 8th, 2012
in Intellectual Property, Legal Conferences, Litigation, Telecoms & Technology |

When: Monday, October 29 to Tuesday, October 30, 2012

Where: Hilton San Francisco Financial District, San Francisco, CA, USA

For the first time at this event, learn how your peers are addressing are addressing the quickly evolving issue of injunctive relief involving standards essential during the Focus on FRAND session featuring insights from:

 

John Scott
Vice President & Legal Counsel, Qualcomm
Amy Marasco
General Manager, Standards Strategy, Microsoft
Earl Nied
Program Director of Standards and IPR, Intel

 

Participate in the discussion as John, Amy and Earl address:

  • The public interest factors that the ITC should consider when determining whether to issue exclusionary relief in connection with a SEP that is subject to a FRAND commitment?
  • Whether or not FRAND-compliant offers can/should impact the ITC’s issuance of traditional injunctive relief/exclusionary remedies
  •   Whether the ITC should grant a stay of delay of entry of an exclusion order in an investigation involving a standards essential patent pending review by the Federal Circuit
  •  How the ITC treats standards essential patents vs. other jurisdictions (US federal district court and international venues)

Don’t miss this opportunity to hear directly from the ITC Bench as they share their insights on:

  • Multi-Jurisdictional IP Litigation
  • eDiscovery: Thoughts and Recommendations for Practitioners on How to Streamline the Process
  • Claim Construction and the Markman Hearing
  • How to Obtain Approval of Your Settlement Proposal

  Also, benefit from the following NEW case study and panel sessions:

  • ITC – Federal Circuit Interface – addressingthe appellate dichotomy 
  • The Reverse Case Phenomenon – perspectives on cross party investigations in 337 actions
  • Revisiting Beloit – inside the Wind Turbines case and the right to judicial review
  • ITC Case Law Year in Review – inside the Year’s Top 10 ITC Cases
  • From the Engineer to the CEO – how to select and prep fact and expert witnesses

Gain strategic information that will aid you in your practice during the Interactive Working Group Sessions on:

A – Enforcement of ITC Exclusion Orders at Customs

B – e-Discovery – Cost Effective Strategies for Successful Fact Finding

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