Conference Day One: May 28th, 2008
8:00 Registration And Breakfast
8:45 Chairperson’s Opening Remarks
Dr. Vinita Juneja
Senior Vice President and Chair of Global Securities & Finance Practice
NERA Economic Consulting
9:00 Updating Recent Sec Regulatory And
Enforcement Developments
- Reviewing recent SEC regulations
- Summary of recent SEC roundtable discussions
- Discussing SEC “hot button” issues such as US investors’ request to use International Financial Reporting Standards (IFRS), Rule 10b5-1 Plans, and the impact on future litigation practices
- Turning guidelines and best practices into benchmarks
Scott Black
Senior Trial Counsel
SEC
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Joel M. Cohen
Partner
Clifford Chance
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9:45 Reviewing Recent Developments In
Securities Litigation
- Discussing the trend of civil securities cases going to trial (JDS Uniphase, Apollo)
- Examining the Stoneridge and Tellabs decisions, the implementation of these decisions in the lower courts, and the implications of these decisions in the financial services industry
- Reviewing arbitration in the financial services industry context
- Updating developments in securities class actions: filings and settlement trends, limitations on damages including Dura, multiple bouncebacks and offsets
Moderator:
David J. Elliott
Chair of Shareholder and Securities Litigation practice
Day Pitney LLP
Hannah Berkowitz
Managing Director
UBS Financial Services
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Eric Kuwana
National Deputy Chairman, Litigation Department
Katten Muchin Rosenman LLP
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Dr. Vinita Juneja
Senior Vice President and Chair of Global Securities & Finance Practice
NERA Economic Consulting
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Rex Staples
General Counsel
NASAA
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10:45 Mid-Morning Networking And
Refreshment Break
11:15 Reviewing Enforcement Actions Of The
Sec, States And Sros Concerning
Broker/dealers And Investment Banks
- Dissecting recent SEC, state and SRO enforcement actions
- Detailing the impact of enforcement actions on broker/dealer and investment bank operations
- Reviewing upcoming compliance standards
- Discussing best practices to prevent enforcement scrutiny
- Understanding the effects of enforcement on ongoing and pending litigation
Moderator:
Nader Salehi
Partner, Broker-Dealer Group
Bingham McCutchen LLP
Pierre Gentin
Head of Litigation
Credit Suisse
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Katherine Malfa
Chief Counsel, Vice President, Department of Enforcement
FINRA
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Rex Staples
General Counsel
NASAA
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12:15 Speaker And Delegate Luncheon
1:15 Examining Private Civil Suits Related To
The Subprime Meltdown
- Chasing the rabbit down the hole: Where does the trail of litigation end?
- Considering a wave of non-traditional litigants
- Discussing possible litigation arising over adjusted asset valuation disclosure
- Discussing litigation trends and regulatory action in ERISArelated issues
Moderator:
Jordan D. Hershman
Practice Group Leader, Securities Litigation
Bingham McCutchen LLP
Daniel Taub
Senior Managing Director, Head of Litigation
Bear Stearns
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Charlie Gambino
Director and Senior Counsel
Deutsche Bank
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David Futterman
Associate General Counsel
Bank of America
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Laura Boothman Stamm
Managing Principal
Analysis Group Inc.
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2:15 Detailing Government Enforcement
Actions In Response To The Subprime
Meltdown
- Determining exposure: Which entities have exposure?
- Understanding accounting issues involved in subprime litigation
- Exploring the CDO and MBS valuation processes and where the assumptions went wrong
- Examining the liability of investment banks with regard to aiding and abetting
- Discussing potential legislation and the regulatory impact
Moderator:
Barry Rashkover
Partner
Sidley Austin LLP
Joseph De Simone
Partner and Co-leader of the Securities, Litigation and Corporate Action Group
Mayer Brown
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Susan Light
Senior Vice President, Enforcement Department
FINRA
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3:15 Mid-Afternoon Networking And
Refreshment Break
3:45 Exploring Native Production Issues In
Securities Litigation
- Producing documents in native file format for government investigations and regulatory reviews
- Reviewing the latest statistics on the growth of relevant data in business litigation
- Discussing the risks and benefits of native file review/production
- Reviewing applications in the market today that can mitigate these risks while saving businesses time and money.
Charles Clark
Managing Vice President & Chief Counsel of Litigation
CapitalOne
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Hope Haslam
Director, Consulting
Epiq Systems Inc.
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4:30 Exploring Litigation Issues Stemming
From Hedge Fund Relationships
- Examining issues in naked short litigation (Biovail, Overstock.com)
- Reviewing the involvement and fallout from securities lending
- Analyzing the pricing tactics of hedge funds and the practice of cherry picking
- Updating Reg SHO and Rule 105 developments
Moderator:
Barry Rashkover
Partner
Sidley Austin LLP
Alexander Vasilescu
Regional Trial Counsel & Trial Unit Chief, Northeast Regional Office
SEC
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Jonathan E. Johnson III
Senior Vice President Corporate Affairs & Legal
Overstock.com
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5:30 Cocktail Reception
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· [ Next: Conference Day Two: May 29th, 2008 ]