Bradley Life Sciences 2020 CLE Day Webinar Recording
It's that time of year again – CLE Compliance season! With the impact of COVID-19, we know many of our clients have found it challenging to meet their annual CLE requirements. Bradley is pleased to offer you a complimentary, online CLE addressing key topics with thought-leading speakers from inside and outside of Bradley.
This CLE program includes 1 ethics hour and 2 general hours. Bradley CLE Day has been approved in AL, CO, FL, GA, IL, IN, IA, LA, MN, MS, NE, NC, OH, RI, TN, and TX. The program is currently pending approval in PA and KY.
Morning Sessions: Welcome and Introduction
Legal Ethics and Tales from the Privilege Crypt
In-house and outside corporate counsel face privilege and ethical confidentiality challenges on a daily basis. Whether the privilege protects a particular communication from discovery, however, is not determined until litigation erupts years after its creation. Many scary privilege tales have arisen in litigation where corporate counsel lost privilege protection despite their valiant efforts. In this interactive presentation, the speakers will first discuss how to establish and maintain the attorney-client privilege in a corporate environment. The presenters will next examine in a workshop setting recent “tales from the privilege crypt” that illustrate how corporate counsel established—or failed to establish—the privilege. Attendees should arrive ready to consult the workshop materials and will leave the session with a better understanding of what to do—and importantly what not to do—to establish and protect privileged communications.
Will Normal Ever Be Normal Again? Impacts of COVID-19 on Employment Laws and Litigation
As businesses across the country try to return to normalcy, employers are faced with navigating federal, state and local legislation. Bradley attorney Matt Miller will discuss the impact of COVID-19 on employment and increased litigation flowing from remote work and layoffs amid an already charged litigation environment. Topics will include movement to full or part-time remote work and tracking of employee time, litigation trends as a result of COVID-19, and record-keeping strategies to protect your business if a lawsuit is filed.
Innovation in Dispute Resolution
If the COVID-19 pandemic has demanded anything of lawyers and their clients, it has demanded that they be innovative in solving disputes given the limited availability of courts to address and resolve disputes. Our panelists include global thought leaders on dispute resolution in the arbitration, mediation and litigation markets. Our panelists will discuss their organizations’ embrace of innovation to deliver more effective and efficient outcomes to disputes. The panel will address the current challenges and opportunities the pandemic has created that their organizations are addressing for the benefit of clients and their counsel.
Afternoon Sessions: Welcome and Introductions
Hot Topics in CRO Litigation & Compliance
This session will examine current regulatory issues and litigation challenges facing the Contract Research/Biopharmaceutical Solutions Organizations Industry. Topics include:
- FDA Leadership & Initiatives Update
- Government Investigations & Enforcement Update
- CRO/BSO Industry Litigation Update
From Legislation to Litigation: The Latest Privacy Developments
This panel will explore state law privacy developments, including the latest updates on CCPA and CPRA. The panel will explore how recent CCPA litigation foreshadows specific privacy issues that companies should be prepared to defend against. As well as, how the approved CPRA amends and significantly strengthens the recently enacted California Consumer Privacy Act and moves California’s privacy laws toward those of the EU General Data Protection Regulation (“GDPR”). The discussion will focus on practical tips for compliance and examine how companies can realize business value as a competitive differentiator by implementing robust privacy programs.
May I Be Excused? Force Majeure Controversies at Home and Abroad
COVID-19's impact on contract performance looms large over business and industries across the globe. This presentation will address whether and how COVID-19 operates contractually as a force majeure event in the US and key foreign markets including Canada, Mexico, Asia, Europe and Australia.
Goals of the presentation:
- Explain how force majeure may present an avenue for non-performance under contract without penalty when unforeseeable circumstances arise
- Analyze specific examples of contract language that may permit discontinuation or termination of performance
- Understand the mechanics of making a force majeure declaration and pushing back against an unreasonable or imperfect declaration
- Review universal gap fillers in the common law (impracticability and frustration of purpose) and their unavailability/availability to contracting parties
- Canvass key foreign markets including the UK, European, Asian and other locale-specific force majeure variations as the law is emerging and companies get back to business
- Address force majeure causation and the burden of proof
- Discuss contract interpretation principles courts commonly apply to resolve competing language debates
- Explore the practical limits of force majeure including risk management
- Demystify the evidence needed to rebuke a force majeure declaration, or to support one successfully