Dykema Litigation Institute Webinar Series


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Upcoming DLI Webinars

Check back soon to learn more about our next webinar.


Past DLI Webinars

Dykema’s Annual SCOTUS Review and Preview

Tuesday, September 21, 2021

Join Dykema’s all-star panel of Supreme Court practitioners for an entertaining and interactive discussion of the key cases decided by the Supreme Court in the most recent term, including James Azadian, Becky James, Ted Seitz, and Jill Wheaton.  This annual webinar will focus on the important takeaways for businesses, the changing composition and dynamics of the Court, emerging trends, and what to expect in the Court’s upcoming term.  Register today for this can’t-miss webinar!

Speakers: Jimmy Azadian, Member, Los Angeles; Becky James, Member, San Antonio; Ted Seitz, Member, Lansing; Jill Wheaton, Member, Ann Arbor

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What to Expect When Expecting Nuisance Patent Litigation

Tuesday, August 24, 2021

Operating companies are often aware of their competitors’ patent portfolios, and understand the related risk of patent litigation.  However, a different type of patent plaintiff, namely non-practicing entities (NPEs)/ patent assertion entities (PAEs), or, colloquially, patent trolls, often comes out of nowhere with lawsuits or letters alleging infringement and demanding payment for a license.  While the NPE business had been in decline, it has come back with a vengeance during the COVID-19 pandemic with a great number of cases being filed in the second half of 2020 and first half of 2021.  Thus, for most companies, NPE patent litigation is a “when,” not an “if.”  Fortunately, there are numerous tools that a company can use in preparing for NPE patent litigation and, significantly, fighting back against the patent trolls.

Please join us for this complimentary webinar which will survey tactics used in nuisance patent litigation and provide guidance on steps that companies can take in fighting back and gaining leverage to obtain a favorable outcome.

Speakers: Michael Dorfman, Member, Chicago; Michael Adams, Member, Austin; Victor Johnson, Member, Dallas

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International Business Disputes in the Post-Pandemic Landscape: Changes and Opportunities

Wednesday, July 21, 2021

The COVID-19 pandemic has reshaped international business, driving changes to supply chains and logistics, finance and investment, and technology transactions.  The past year and a half has also seen rapid change in the practice of international business disputes itself.  These legal developments have dovetailed with trends in progress even before the virus arrived and now indicate that the future environment for international business disputes, and dispute risk management, will look quite different from the pre-pandemic setting. 

Please join us as Timothy McCarthy, Senior Counsel in Dykema’s Dallas office, surveys the legal landscape and provides guidance on adjusting to post-pandemic international business risk scenarios.

Speaker: Tim McCarthy, Senior Counsel, Dallas

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Food Labeling Class Actions and the Reasonable Consumer Standard

Tuesday, May 18, 2021

Join Dykema attorney David Graham for a presentation focusing on motions to dismiss based on the reasonable consumer standard and what we can learn from a variety of conflicting decisions in federal courts.

During this program we will review which case law might successfully use the argument that it is not plausible that a consumer could not reasonably be deceived by a particular label.

Speaker: David Graham, Senior Counsel, Minneapolis

CLE accreditation is anticipated for California, Illinois and Texas. We provide Uniform Certificates of Attendance and jurisdiction-specific information for those licensed in other jurisdictions. HRCI eligibility will be determined after the program. If HRCI accredited, we provide Certificates of Attendance to all attendees who return a completed Record of Attendance. Please contact Kelsey Rustigian at krustigian@dykema.com with questions.

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Standing, Jurisdiction, and CAFA in “No Injury” Class Actions: Are Spokeo And Bristol-Myers as Helpful as You Think?

Tuesday, May 18, 2021

Your Michigan-based manufacturing company has just been served in state court in Florida in a class action brought by residents of Florida, California and New York. Only state-law claims are asserted.  Plaintiffs allege failure to disclose an alleged defect in your company’s product, but only the California and New York residents have actually experienced the alleged defect. Plaintiffs seek to certify statewide classes to litigate their claims under Florida, California, and New York law. Your plan: remove to federal court under CAFA; move to dismiss the California and New York Plaintiffs for lack of specific personal jurisdiction under Bristol-Myers; and move to dismiss the uninjured Florida resident for lack of Article III standing under Spokeo. A favorable decision from the Supreme Court in Transunion could only help. What could go wrong? 

A lot, potentially. Dykema lawyers John M. Thomas and Krista L. Lenart will explore the pitfalls and complications in arguing standing and personal jurisdiction in “no injury” class actions subject to CAFA.

Speakers: Krista Lenart, Member, Ann Arbor and John Thomas, Member, Ann Arbor

CLE accreditation is anticipated for California, Illinois and Texas. We provide Uniform Certificates of Attendance and jurisdiction-specific information for those licensed in other jurisdictions. HRCI eligibility will be determined after the program. If HRCI accredited, we provide Certificates of Attendance to all attendees who return a completed Record of Attendance. Please contact Kelsey Rustigian at krustigian@dykema.com with questions.

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Federal Procurement and Contracting: Ins and Outs of Government Contract Litigation

Tuesday, April 20, 2021

Join Dykema attorneys John Dulske and Joanne Zimolzak for a discussion of how litigation can arise and proceed in the government contracts context, including practical tips for companies considering affirmative litigation as well as those who find themselves involved in it. Government contracting requires detailed knowledge of applicable procurement laws and regulations, but it also can involve a significant amount of litigation. For example, “disappointed bidders” may consider filing a bid protest, but there are myriad issues to consider in doing so, such as timing, forum, the type of corrective action sought, and the likelihood of success (among others). This program will discuss bid protest litigation as well as how contractors providing goods or services may consider claims litigation in appropriate circumstances, and other ways in which contractors may find themselves involved in litigation arising out of a government contracting relationship (including in an enforcement/regulatory compliance context). 

Speakers: John Dulske, Member, San Antonio and Joanne Zimolzak, Member, Washington, D.C.

CLE accreditation is anticipated for California, Illinois and Texas. We provide Uniform Certificates of Attendance and jurisdiction-specific information for those licensed in other jurisdictions. HRCI eligibility will be determined after the program. If HRCI accredited, we provide Certificates of Attendance to all attendees who return a completed Record of Attendance. Please contact Kelsey Rustigian at krustigian@dykema.com with questions.

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Litigation Two-Part Program: 1) Jury Selection and Juror Attitudes in the Post-COVID World, and 2) How Going All Electric May Impact the Future of Fire Litigation

Tuesday, March 23, 2021

Join Dykema attorneys Jeffrey Cox, Rebekah Hudgins and Deron Wade, and jury consultant, Jill M. Leibold, Ph.D., for a two-part presentation, first discussing jury selection as the pandemic recedes and then considering the future of fire litigation as the automotive industry turns electric.

First, as litigation and the court system in the U.S. begin to shift into a post-pandemic phase, many jurisdictions are evaluating when and how to return to modified normal operation, including resuming jury trials. In a Q&A format, Deron Wade discusses learnings from remote jury selection with Jill M. Leibold, Ph.D. director of jury research for Litigation Insights, and explores what changes companies and counsel should expect going forward in jury selection and juror attitudes as state and federal courts begin the arduous work of unwinding backlogged civil dockets and preparing to restart jury trials. They also break down what the future may hold for trying cases in the immediate post-COVID era.

Second, Jeffrey Cox and Rebekah Hudgins discuss how going all-electric will create a number of issues and challenges including whether the U.S. electric grids will be prepared for the added demand, whether there will be adequate charging stations and infrastructure, and whether the end result will really be a cleaner environment. In addition, automakers will also need to consider how electric vehicles will impact vehicle fires and fire litigation. Battery fires will occur and when they do they will create new and unique firefighting challenges as well as health risks to first responders and others being exposed to the toxic fumes. This part of the presentation focuses on some of these challenges as we move closer to an EV world.

Speakers: Jeffrey Cox, Member, Dallas; Rebekah Hudgins, Associate, Dallas; Deron Wade, Member, Dallas and Jill M. Leibold, Ph.D., Director of Jury Research – Litigation Insights

CLE accreditation is anticipated for California, Illinois and Texas. We provide Uniform Certificates of Attendance and jurisdiction-specific information for those licensed in other jurisdictions. HRCI eligibility will be determined after the program. If HRCI accredited, we provide Certificates of Attendance to all attendees who return a completed Record of Attendance. Please contact Kelsey Rustigian at krustigian@dykema.com with questions.

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Navigating an Adversary Proceeding: Essential Knowledge for Litigators

Tuesday, January 26, 2021

Due to the devastation caused by COVID-19, bankruptcy cases are already on the rise and will continue to be so for the foreseeable future, and with them adversary proceedings. Understanding how to successfully navigate an adversary proceeding is essential for litigators, as there are important differences from traditional federal practice and procedure. 

Join Dykema for a complimentary webinar where we will dive into the nuts and bolts of an adversary proceedings, the differences between the federal and bankruptcy rules (pitfalls to avoid), the scope of arbitration, and how jurisdictional issues can play a factor.

Speakers: Basil Umari, Senior Counsel and Nicholas Zugaro, Senior Counsel

CLE accreditation is anticipated for California, Illinois and Texas. We provide Uniform Certificates of Attendance and jurisdiction-specific information for those licensed in other jurisdictions. HRCI eligibility will be determined after the program. If HRCI accredited, we provide Certificates of Attendance to all attendees who return a completed Record of Attendance. Please contact Kelsey Rustigian at krustigian@dykema.com with questions. 

Click here for the recording

Looking Forward at Consumer Finance Litigation in 2021: The Implementation of Federal Statutes, Regulations, and the Impact of Cases Brought Within the COVID Pandemic

Tuesday, December 15, 2020 

This program outlines and analyzes the likely impact of new consumer finance regulations, statutes, and cases brought during, or in direct response to the COVID Pandemic and the resulting economic downturn. This includes the new federal debt collection regulations set forth by the Consumer Financial Protection Bureau, new statutory provisions regarding credit reporting, and other items relating to the Telephone Protection Consumer Act. In addition, the pending cases in the US Supreme Court and other courts are discussed, along with future cases that will likely be brought (including putative class actions). Finally, the presenters discuss what to expect and possible ways to prepare for the coming surge of litigation.

Speakers: Theodore W. Seitz, Member, Lansing; Jeana R. Laguna, Member, McAllen

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Preparing for the Surge: A Primer on Understanding and Handling Bankruptcy Claims and Potential Preference Liability

Tuesday, October 22, 2020 

Bloomberg anticipates that there will be a significant increase in bankruptcy filings of all types – business and consumer and in most industries.

You may field an increasing number of questions regarding bankruptcy notices, including “do we file a proof of claim,” “why wouldn’t we file a proof of claim,” and “is our claim secured, unsecured, a mix, and how is that determined.” Even once that decision is made, you may face litigation, including defending an objection to a claim. You may also get questions regarding whether any payments received prior to the bankruptcy filing can be “clawed back” in the bankruptcy, whether there are any defenses to such potential liability, and if there are strategies to mitigate such potential exposure when dealing with other distressed businesses, customers and consumers going forward.

This program provides an overview for filing and defending proofs of claim and analyzing and defending against preference demands and filed actions in Bankruptcy Court.

Speakers: Jonathan E. Aberman, Member, Chicago; Mark A. Silverman, Member, Chicago

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Dykema’s 2020 SCOTUS Review and Preview

Tuesday, September 15, 2020 

Join Dykema’s nationwide appellate team for our annual United States Supreme Court review and preview webinar. During this program, we analyze and discuss trends from the last term; review decisions that will affect corporations, including rulings on environmental, employment, and intellectual property matters; and preview what’s to come in the upcoming term.

Speakers: Jill M. Wheaton, Appellate Practice Leader, Ann Arbor; James S. Azadian, Member, Los Angeles; Christopher D. Kratovil, Member, Dallas; Jim Hermon, Member, Detroit; Cory Webster, Senior Counsel, Los Angeles

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New Activity in the Consumer Financial Protection Bureau Post Seila Law and Other Recent Legal Developments

Tuesday, August 18, 2020

Join Dykema attorneys Dawn Williams and Adam Nunnallee for a presentation discussing new activity within the Consumer Financial Protection Bureau (“CFPB”). Among other topics, our speakers address (i) what to expect from the CFPB following the United States Supreme Court’s decision in Seila Law LLC v. Consumer Financial Protection Bureau and (ii) recent litigation related activity within the CFPB impacting mortgage servicing.

Speakers: Dawn Williams, Member, Grand Rapids; Adam Nunnallee, Member, Dallas

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Effective Antitrust Compliance During the Covid-19 Crisis

Tuesday, July 21, 2020

U.S. antitrust enforcement agencies have recently encouraged businesses to engage in collaboration efforts to help respond to the COVID-19 crisis, and rolled out a process to provide agency guidance for these efforts. At the same time, these agencies have warned they will continue to aggressively prosecute “hard core” antitrust violations such as price fixing (including agreements to pass on material price increases), bid rigging, market/territory/customer allocations and colluding on employee compensation and recruiting. Historically, major civil and criminal antitrust cases have arisen after periods of disruption when companies were scrambling to deal with supply and demand shocks, such as those caused by financial crises and national disasters.

This webinar program discusses best practices in deploying effective antitrust compliance programs to navigate the boundaries of lawful and unlawful collaboration, detecting potential antitrust violations and what to do if a violation is uncovered.

Speaker: Howard B. Iwrey, Member, Bloomfield Hills; Cody Rockey, Member, Ann Arbor

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All That Has Changed: Data Security Challenges for Our New Era

Tuesday, June 23, 2020

One year ago, a company’s data security protocol could reasonably address likely external security threats in light of a stable, office-based IT system and workforce and incrementally changing technology. In 2020, COVID-19 abruptly scattered IT systems and workforces, requiring companies to use technology in ways they could not have foreseen. Simultaneously, malicious breach tactics have evolved to counter companies’ data security efforts and to take advantage of today’s societal disruption. Additionally, the geopolitical implications of the upcoming US election have impacted the data security of various companies, regardless of their political orientation. In this webinar, commercial litigator and certified privacy professional Sean Griffin and data privacy attorney Christina Hernandez-Torres discuss these new data security challenges from a privacy and a litigation perspective, and review various ways companies can safeguard their data during this uncertain time. 

Speakers: Sean C. Griffin, Member, Washington, DC; Christina Hernandez-Torres, Associate, Chicago

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Force Majeure and Manufacturing in the COVID-19 Pandemic

Tuesday, April 21, 2020

The COVID-19 pandemic has raised issues of force majeure in a wide range of businesses, prominently including manufacturing, where parties are encountering sharp disruptions both as buyers and as sellers. The pandemic also differs fundamentally from the “usual” sort of force majeure event, in that it is global and persistent. These differences have implications for the effects of the event, the legal and practical positions of clients, and the options for management of disruptions to maintain working relationships where possible and optimize the client’s position in the event of a dispute. This program covers:

  • The basic domestic and international law of force majeure and related doctrines;
  • The practical differences between “classic” force majeure events and the current pandemic;
  • The implications of these differences for the application of force majeure law; and
  • Options for effective and efficient management and resolution of manufacturing disruptions. 

Speakers: Laura C. Baucus, Member, Bloomfield Hills; Timothy J. McCarthy, Member, Dallas

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Investigations and Compliance in the 21st Century: Four Topics Counsel Need to Know About

Tuesday, March 17, 2020

This program discusses key legal issues that arise in many corporate compliance programs and internal investigations. We will offer insight on the use of data analytics in investigations. We will discuss recent cases addressing the expansion of the “crime/fraud” exception to attorney-client privilege, and its ramifications for in-house counsel. We highlight emerging issues in cyber security. Additionally, we discuss government enforcement trends aiming to expand the False Claims Act to more industries. 

Speakers: Jonathan S. Feld, Member, Chicago; Jason M. Ross, Member, Dallas

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Construction Law: How to Prevent and Defend Against Common Types of Litigation

Tuesday, February 11, 2020

Participants in the construction industry, including owners, contractors, design professionals, insurers, and lenders, face a variety of litigation risks. Common claims include construction and design defects, breach of warranty, delay, mechanics liens, indemnification and other insurance-related issues. This webinar discusses drafting legal strategies that help mitigate these risks, including damage and ADR provisions. In addition, we review key legal issues to keep in mind during litigation – from the investigation/fact-gathering stage through trial.

Speakers: Melanie J. Chico, Member, Chicago; Brett W. Schouest, Member, San Antonio

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Post Judgment Legal Remedies: The Beginning of the End (of Collection on your Judgement)

December 11, 2019

Companies need their judgments enforced more than ever for their businesses to be viable. Most of the time obtaining a judgment in a lawsuit is the easiest part of the debt collection process. Once a judgment is granted, it is left in the creditor’s hands to take action on the judgment and enforce the collection due. However, a lot of times, this is easier said than done and creditors face a difficult time collecting those unpaid debts. In this complimentary webinar, we discuss a practical guide, tips, and legal strategies to enforcing judgments by looking at post-judgment proceedings and ancillary litigation needed to recover assets.

Speakers: Greg Jones, Senior Counsel, Los Angeles; Mark Silverman, Member Chicago

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The Fiduciary Duty, Notable Legal Changes Impacting Trust and Estates and the Financial Services Industry

November 21, 2019

A presentation regarding fiduciary duties impacting (i) digital assets of trust and estates and (ii) mortgage servicing. This webinar reviews evolving case law concerning the duties of trust and estate fiduciaries to access and protect digital assets, which includes such things as rights to social media content, digital currency, and digital media. Also covered in this webinar is emerging fiduciary duties of mortgage servicers in assisting borrowers with loss mitigation and strategies for defending against fiduciary duty claims in litigation.

SpeakersDavid B. West, Member, San Antonio; Dawn N. Williams, Member, Grand Rapids

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Managing the Legal Risk of Disputes in International Business

October 15, 2019

In recent years, the international activities of US corporations have grown at a remarkable rate. As a result, more clients and potential clients are encountering international business disputes, which present legal risks, challenges and opportunities that can differ substantially from the usual course of wholly domestic disputes. This webinar reviews those differences, and sets out basic measures to manage the risks of an international dispute and prepare the ground so that, if one does arise, clients will be well-positioned to achieve efficient and effective results. 

Speaker: Timothy J. McCarthy, Senior Counsel, Dallas

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SCOTUS Review and Preview

September 17, 2019

The annual Dykema Litigation Institute (DLI) United States Supreme Court review and preview webinar discusses trends from the last term; decisions that will affect corporations, including rulings on class actions, arbitration, antitrust, First Amendment, and banking law; and previews of the upcoming term.

Speakers: Jill M. Wheaton, Appellate Practice Leader, Ann Arbor; Rosa M. Tumialán, Member, Chicago; Cory L. Webster, Senior Counsel, Los Angeles

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Absolute Liability and Res Ipsa Loquitur: Dangerous Legal Concepts Potentially Stifling Autonomous Vehicle Innovation

August 20, 2019

Autonomous vehicles bring promises of enhanced safety, boosted personal productivity time, eased traffic congestion, and improved fuel economy, among other societal benefits. So what is holding us back? The advancement of the technology itself is one barrier. Another speedbump is consumer acceptance – giving up the driving experience. A third and frequently overlooked factor may be a potentially hostile regulatory and legal landscape for innovators operating in this space. As with all innovation, the law often reacts and plays catch-up to game-changing products and services. As intermediate technologies such as automatic emergency braking and lane keep assist are more frequently becoming the subjects of products liability lawsuits, the common law legal model for assessing what will eventually become fully autonomous vehicle technologies is already developing.

This discussion addresses the legal framework – strict products liability – that has served the interests of injured plaintiffs and auto manufacturers for decades, and why this model is well-suited for the future of auto products liability in the era of autonomous vehicles. Commentators calling for an absolute liability model, or application of the res ipsa loquitur doctrine to cases involving injured parties in autonomous vehicles, should pay attention because these narrow legal concepts are ultimately likely to do more harm than good. With human error underlying the vast majority of all injury crashes, taking the human out of the equation means enormous potential safety benefits. Bad law should not be a deterrent to critical autonomous vehicle innovation and its deployment out onto our roads.

Speaker: Michael R. Carey, Member, Minneapolis

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Litigating Trade Secrets and Patents: When, Where, Who, Why and Other Questions You Were Afraid to Ask

July 23, 2019

The Defend Trade Secrets Act (DTSA) resulted in an increase in trade secret claims in the last three years. Separately, while there had been a slowdown in patent litigation claims during that same time period, the last several months have seen a significant uptick in filings. Thus, it is clear that both trade secrets and patents play increasingly important roles in today’s technology-centric economy. Understanding the protections afforded by your IP and unique issues in enforcing that IP in litigation are critical to maintaining your company’s competitive advantage. Relatedly, whether as a plaintiff or a defendant, planning ahead for a possible IP lawsuit and understanding the unique legal and factual issues that might arise will assist your company’s ability to minimize expense and burden when involved in litigation.

Topics covered include:

  • What is a trade secret and how is it different from a patent?
  • Timing considerations in filing lawsuits for misappropriation of trade secrets and patent infringement
  • Availability of challenges to the IP
  • Different litigation strategies for different types of IP
  • Setting up for success – prepare for the lawsuit before it happens

Speakers: Michael Dorfman, Member, Chicago; Victor Johnson, Member, Dallas; Michael Adams, Member, Austin

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What the Future Holds for the False Claims Act

June 18, 2019

The False Claims Act (FCA) is one of the government’s most powerful tools, allowing for treble damages and qui tam or “whistleblowers” to bring FCA claims. The United States Department of Justice (DOJ) has successfully used the FCA in a wide variety of industries from healthcare to government contracting to residential mortgages. For the first time, DOJ recently issued guidance on voluntary disclosures to reduce civil penalties in FCA cases. Recent Supreme Court decisions have significantly expanded the time period for relators to bring FCA actions. This webinar examines the False Claims Act in detail, as well as how the judicial developments and new DOJ policies affect businesses that receive federal funds or contract with federal government.

Speakers: Jonathan S. Feld, Member, Chicago; John C. Dulske, Member, San Antonio

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Common Mistakes in the Design and Operation of Compliance Programs—and the Legal Consequences They Create

May 21, 2019

It is no secret that having a compliance program is a must, particularly for companies in heavily regulated industries. The existence of an “effective” compliance program is a material credit in the Federal Sentencing Guidelines; it is a factor used by enforcement agencies in determining whether to pursue criminal charges or even to pursue a matter at all; and, most importantly it can prevent wrongdoing in the first place. But, all too often companies put little thought into the design of the program and, even more frequently, pay little attention to the operation of the program. This can lead to material consequences, increasing your chances of finding yourself defending the company in a government investigation or litigation or creating major obstacles in litigation.

This webinar addresses some of the mistakes commonly made by companies as they design, implement and operate their compliance programs as well as how these mistakes lead to legal trouble down the road.

Speaker: William (Butch) F. Hulse, IV, Member, San Antonio

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What’s on the Horizon for Employers in 2019? A Review of Developments in 2018 and Emerging Issues in 2019

April 16, 2019

During 2018, employers across all industries were impacted by developments in labor and employment law, including legislative changes spurred by the #MeToo movement, the impact of the enforceability of class and collective action waivers in arbitration agreements, and the shifting enforcement positions of the EEOC, the NLRB, and the Department of Labor, among other government agencies. In 2019, we predict that employers will have to navigate significant changes to overtime exemptions and the method of determining overtime compensation. Employers will have to update their policies as more states enact legislation permitting marijuana use and the National Labor Relations Board pulls back on prior restrictions on confidentiality clauses, social media postings, and other employee handbook policies.

Topics addressed during the webinar include:

  • Significant cases brought by the EEOC and the agency’s recent enforcement priorities
  • Developments in wage and hour litigation and the Department of Labor’s regulatory agenda
  • Recent Supreme Court labor and employment decisions
  • New interpretations of the NLRB affecting union and nonunion employers
  • General trends in employment litigation and settlements
  • Developments in state laws regarding employee use of marijuana

Speakers: Arlene Switzer Steinfield, Senior Counsel, Dallas; Elizabeth A. Voss, Senior Attorney, Dallas

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Recent Trends in Consumer Class Actions Against Credit Unions and Banks

March 27, 2019

This webinar reviews recent trends in class action litigation filed against credit unions and banks; examines new theories of liability and potential defenses; and compares and analyzes some of the publicly-disclosed settlements reached in these cases. The speakers also take a look forward at the potential impact of forthcoming laws, including the California Consumer Privacy Act (CCPA), that are likely to create new class action risks.

Speakers: Ashley R. Fickel, Member, Los Angeles; Brittany J. Mouzourakis, Associate, Bloomfield Hills

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The Constitutionality of the CFPB’s Single Director Structure And Enforcement Actions Under Trump Appointees Mulvaney and Kraninger

February 19, 2019

This presentation revies challenges to the structure of the Consumer Financial Protection Bureau (CFPB), along with a discussion of CFPB activities under the stewardship of former Acting Director Mick Mulvaney and Director Kathy Kraninger (confirmed by the Senate in December 2018). Topics include:

  • The background of Congress’s decision to consolidate enforcement and audit authority for numerous previously independent federal agencies under the umbrella of the CFPB;
  • Challenges to the constitutionality of the CFPB’s single director structure;
  • An analysis of the RD Legal Funding decision from the Southern District of New York (currently on appeal to the Second Circuit) finding the CFPB unconstitutional in its entirety;
  • A discussion of the various opinions of the DC Circuit in PHH Corp, along with other subsequent court opinions addressing the constitutionality of the structure; and
  • An analysis of current enforcement activities since the interim appointment of Mulvaney and Director Kraninger compared to that of former Director Cordray.

Speakers: Laura C. Baucus, Leader – Financial Services Litigation Practice Group, Bloomfield Hills; Joseph H. Hickey, Assistant Leader – Financial Services Litigation Practice Group, Bloomfield Hills

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Critical Considerations: Autonomous Vehicle Product Liability and Potential Legal Risks

January 15, 2019

In the absence of new laws to allocate the risk of product liability emanating from the deployment of autonomous vehicles, that risk will be allocated in consideration of existing legislation and traditional principles of law. This program reviews who in the universe of autonomous vehicle players (car makers, technology providers, suppliers and municipalities) may be exposed to product liability emanating from autonomous vehicles; which legal theories will predominate; what relevant trends have already been witnessed in analogous situations; and whether legislation might be politically feasible and practically helpful.

Speaker: Brian T. Smith, Member, Bloomfield Hills

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2018 Year in Review: Privacy and Data Security Trends

December 13, 2018

This webinar includes in-depth discussion regarding the current state of the privacy and data security industry and strategies to help your company mitigate legal risk in this ever-changing environment. The presentation includes review of legal trends in 2018, discusses how these developments may impact your company (and how to effectively prepare and respond) and provides analysis of potential cyber-related issues that may arise in 2019 to help in planning for the coming year.

Speaker: Sean C. Griffin, Member, Washington, D.C.

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Natural Disasters: Concurrent Causation and its Impact on Commercial Property and Liability Coverage

November 28, 2018

In 2017, natural disasters caused $306 billion in total damage across the United States – the largest amount for any single year. Three devastating hurricanes and multiple wildfires all contributed to the record-breaking year, raising concerns about the effects of future natural disasters. Unfortunately, 2018 is sizing up to be another record year for losses from natural disasters, and current predictions on climate change suggest that losses from natural disasters and related insurance claims will only continue to escalate.

Causation is the starting point for any insurance coverage determination. Once a cause of loss is determined, that decision forms the foundation from which all other claims issues are decided. This webinar explores the trend of more frequent and more catastrophic natural disasters and what legal effects they have on commercial property and general liability coverage. The speakers review the doctrine of concurrent causation, anti-concurrent causation clauses, and how the language of typical commercial property and liability policies may impact coverage for losses from natural disasters.

Speakers: Thomas E. Sanders, Member, San Antonio; Thomas B. Alleman, Member, Dallas

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The Convergence of Automotive, Product, Class Action, and Consumer Litigation

October 16, 2018

Defect theories that begin in individual automotive product liability and consumer warranty litigation routinely find their way into class action litigation, but with a twist. The strict liability theories asserted in product litigation, and the warranty theories asserted in consumer litigation, become fraud claims in the class actions. Now, the process is starting to reverse; the consumer fraud claims are now being asserted in individual product and consumer cases. The net result is that strategies for class action litigation are becoming increasingly relevant to the defense of product and consumer litigation, and vice versa. This program explores some of those strategies, including removal of product, class action, and consumer litigation to federal court, anticipating and defending against collateral estoppel claims (and the relationship between collateral estoppel and class certification), deposing class representatives and individual plaintiffs, legal defenses to fraud claims, and more.

Speakers: John M. Thomas, Member, Ann Arbor; Derek S. Whitefield, Member, Los Angeles

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Dykema’s Annual SCOTUS Review and Preview

September 18, 2018

The annual Dykema Litigation Institute (DLI) United States Supreme Court review and preview webinar discusses decisions from the last term that will affect corporations, including rulings on class actions, jurisdiction and arbitration. The speakers also preview the upcoming term, including cases that are on the docket and the potential makeup of the Court.

Speakers: Jill M. Wheaton, Member, Ann Arbor; James S. Azadian, Member, Los Angeles; Rosa M. Tumialán, Member, Chicago

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Social Media, Email, Texts and Video Evidence: What to Look For, Where to Find It and How to Get It Admitted

August 28, 2018

This webinar reviews the latest procedures and case law regarding social media and electronic data as it pertains to obtaining and admitting evidence. From Facebook to Snapchat, Gmail to YouTube, the speakers discuss a wide range of discovery-related topics, including collecting evidence from apps, working with metadata in litigation, subpoenaing social media companies, archive features, and more. The program discusses real-world examples, including processing, review and production pitfalls, to provide legal counsel with ways to mitigate admission errors.

Speakers: David Graham, Senior Counsel, Minneapolis; Dante Stella, Member, Detroit

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The Future of Home Loans: eNotes and eMortgages

July 17, 2018

This webinar focuses on a discussion on digital mortgage loans, including the current state of industry use of eNote and eMortgages and an analysis of where originators, warehouse lenders, investors and servicers are for eNotes and eMortgages. In addition, the program analyzes the legal risks and problems the industry may face related to eNotes and eMortgages. The speakers discuss the need for servicers to re-tool various policies and procedures related to note and mortgage enforcement when eNotes and eMortgages are involved. The webinar includes:

  • An overview of the current state of eNote and eMortgage adoption
  • Steps to complete a full eNote and eMortgage process – from application, processing and underwriting, pre-closing, closing, post-closing and subsequent transfers
  • Use of eNotarization at closing
  • What is slowing the adoptions of eNotes and eMortgages industry-wide?
  • Industry use of a hybrid process (paper + “e” components)
  • Legal risks involving the use of eNote and eMortgages
  • The enforceability of eNotes and eMortgages including applying current paper note and mortgage case law to electronic documents
  • The various legal requirements for the electronic execution of documents and the electronic delivery of mandatory disclosures, including E-SIGN (Electronic Signatures in Global and National Commerce Act), the Uniform Electronic Transfer Act and the Uniform Commercial Code
  • Jurisdictional challenges to the use of eNotes and eMortgages
  • Potential liability for originators, lenders, investors, and servicers related to eNotes and eMortgages
  • Best practices for establishing and maintaining policies and procedures to ensure the enforceability of eNotes and eMortgages
  • Understanding where eNotes are stored and who owns and controls the eNote
  • Litigation trends and issues
  • Case studies involving eNotes and eMortgages

Speakers: Laura C. Baucus, Member, Bloomfield Hills; Joseph H. Hickey, Member, Bloomfield Hills

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The Intersection of Healthcare and Insolvency: Where Are We Now and Where Are We Heading?

June 19, 2018

Healthcare delivery represents roughly 18% of the U.S. economy, but recently the headlines related to the industry suggest stormy weather ahead. This webinar discusses the intersection of healthcare and insolvency. What is the current state of the industry? Why are nursing homes, hospitals and other healthcare institutions in financial trouble? What factors are changing reimbursement rates? What effect does litigation have on the success or failure of the nursing home industry? What market forces are at play in consolidating some aspects of the industry? This program also discusses recent cases, regulatory restrictions on reimbursements, disruptive technology, tort claims and qui tams, and the anatomy of a bankrupt healthcare company.

Speakers: Mark E. Andrews, Member, Dallas

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Emerging Issues in Trade Secrets Protection and Litigation

May 15, 2018

This program includes a discussion regarding protection of company trade secrets, including best practices in hiring employees from competitors and advising departing employees on avoiding claims of theft of trade secrets. The webinar also focuses on the latest emerging strategies and trends in federal and state trade secrets litigation.

The webinar addresses:

  • Strategies for lawfully hiring a competitor’s employees
  • Litigation strategy – defining business and litigation objectives (What is a win? How can that be achieved through litigation?)
  • Preparation and filing of lawsuit: State or federal court? State and/or federal claims? Claims to include/omit? Validity of employee and customer non-solicitation agreements?
  • When and why: Temporary restraining orders and preliminary injunctions
  • Discovery strategies for trade secret cases
  • Jury instructions, special verdict forms and selecting a jury

Speakers: Victor C. Johnson, Member, Dallas; Donna K. McElroy, Member, San Antonio

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Proactive Measures for Employers in the #MeToo Era

April 17, 2018

Please join Dykema employment litigators for a discussion of the challenges and legal obligations faced by employers as a result of the #MeToo movement and the circumstances that led to the movement. Employers are obligated to develop strong anti-harassment policies that include comprehensive complaint procedures. Effective remedial measures must be taken when the facts confirm that inappropriate workplace conduct has occurred. At the same time, employers must be vigilant to protect the company and its employees from frivolous claims and litigation risks.

Employers should understand the legal definitions of sexual harassment and assault. An effective policy circulated to all employees and the implementation of a training program are both essential to preventing claims of sexual harassment. Familiarity with the initial steps to take when confronted with a claim of harassment is also key. Companies should be able to identify the “who, what, where, when and how” and understand how they should respond when they receive a complaint.

Additional topics include:

  • “Me Too” v. “Not Here”: finding a balance that acknowledges that sexual harassment is real, but that not every claim has merit
  • Internal complaint procedures – the goal is to keep the complaint internal
  • What happens when an employer learns that the complaint of harassment did occur
  • What happens when an employer concludes that the complaint lacks merit
  • How should an employer react when he or she cannot definitively determine whether the complaint has merit, or at least some merit
  • How to manage both the complainant and the accused during the investigation and thereafter
  • Beware of the retaliation claim: an employee with a meritless harassment claim can have a meritorious retaliation claim which can lead to litigation
  • How to handle an employee who appears to be using a complaint as the path to job security
  • The legal risks to companies in such situations

Speakers: Elisa J. Lintemuth, Member, Grand Rapids; Arlene Switzer Steinfield, Senior Counsel, Dallas

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Internal Investigations: Protecting Attorney-Client Privilege Against Increasing Attacks

March 27, 2018

In recent years, companies have encountered an increased need to conduct internal investigations to address allegations in many areas, including harassment and other employment concerns; government fraud and False Claims Act issues; breaches of codes of ethics; and violations of state and federal laws in regulated industries. But as demonstrated in the Manafort charges, protecting attorney-client privilege has become more perilous and prone to attack. Before conducting an investigation, in-house counsel should understand what is not protected, and how to most effectively protect confidentiality and privilege during all stages of an internal investigation. During this program, we discuss:

  • Defining the attorney-client privilege in internal investigations
  • Effective use of joint defense agreements
  • Establishing privilege over discussions with former employees
  • The growing use of the crime-fraud exception and claims of waiver by the government
  • How the use of non-lawyer consultants can affect privilege
  • Practical considerations, including insurance coverage for investigations

Speakers: Jonathan S. Feld, Member, Chicago; Jason M. Ross, Member, Dallas; John F. Rhoades, Senior Attorney, Detroit

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Legislation and Regulation of Highly-Automated Vehicles, Vehicle-to-Vehicle Warning Systems and Real-World Roll-Out

January 30, 2018

There have been major developments in federal and state legislation, regulation and policies for Highly-Automated Vehicles (HAV), including the all-new Department of Transportation HAV Policy 2.0, supplanting the one issued by the National Highway Traffic Safety Administration (NHTSA) under the Obama Administration. Moreover, federal legislation has been introduced in the United States Senate for HAV. Michigan’s Governor Rick Snyder had signed into law historic autonomous vehicle legislation (AV Legislation) permitting the operation on Michigan roadways of autonomous vehicles, platoons of electronically coordinated vehicles and autonomous ride-hailing fleets. The AV Legislation signaled Michigan’s desire to be at the center of advanced vehicle technology developments, without significant state regulatory impediments. This webinar explains what has occurred since January 2017 in Michigan and across the nation, including actual HAV deployment, and what’s coming in 2018. Last, NHTSA had issued Notice of Proposed Rulemaking (NPRM) on Vehicle-to-Vehicle (V2V) Communications – technology that enables cars to warn each other to help drivers avoid potential collisions – at the end of the previous Administration. The proposed rule would require the installation of V2V messaging equipment on all new light vehicles over a two-to-four year phase-in period. This program also discusses the latest status of that NPRM.

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CLE accreditation is not provided by Dykema for these recordings. Please check your local jurisdiction’s rules for any self-study or self-apply options.

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