Phillips Lytle: Best Practices For Today's Businesses 11/15/2022

As New York State comes out of the pandemic and government lockdown, the business community is faced with an avalanche of new legislation, regulations and changes in the way they do business. As a litigation team on the front lines for Upstate New York businesses and individuals, we want to provide foundational information to those facing challenges in 2022. Join Phillips Lytle litigators for an overview of best practices and common sense advice in several areas facing business owners, executives, in-house attorneys and managers. Following the program, our attorneys will be available for a Q&A period and any follow-up information you may need.

AGENDA

• 8:00 a.m. – 8:30 a.m. Registration
• 8:30 am – 9:00 a.m. Best Practices in Managing Business Lawsuits
• 9:00 a.m. – 9:30 a.m. Dealing with Cybersecurity and Defending Related Lawsuits
• 9:30 a.m. – 10:00 a.m. How Diversity, Equity & Inclusion (DE&I) Can Improve Employee Recruitment and Retention
• 10:00 a.m. – 10:15 a.m. Break
• 10:15 a.m. – 10:45 a.m. Regulatory Investigations and Recent Developments in False Claims Act Prosecutions
• 10:45 a.m. – 11:15 a.m. Shareholder Disputes and Business Relationship Dissolution
• 11:15 a.m. – 11:45 a.m. Preserving the Attorney-Client Privilege in the Business Environment
• 11:45 a.m. – 12:00 p.m. Q&A/Networking

PROGRAM DETAILS

8:30 a.m. – 9:00 a.m. – Best Practices in Managing Business Lawsuits (Presented by Erin C. Borek and Erin E. Connare)

Pursuing or defending litigation may be part of your business environment, or it may not be. In this day and age, you may need to litigate to vindicate your rights or protect your business. Or you may have to defend your business in a lawsuit. This presentation will explore the best practices for businesses to manage the initial stages of business litigation, from claim analysis, reviewing potential insurance coverage, investigating facts and identifying witnesses, collecting and preserving evidence, evaluating a case’s value or exposure, confidentiality, and internal and external public relations.

9:00 a.m. – 9:30 a.m. – Dealing with Cybersecurity and Defending Related Lawsuits (Presented by Anna Mercado Clark and Jeffrey D. Coren)

Cyberattacks are becoming increasingly sophisticated and widespread. Companies and their leadership can face potential investigations and lawsuits for failure to protect data or failure to comply with legal requirements. This program will explore how your company can implement effective policies and procedures, training and technology to mitigate these risks, and how to respond to cyberattacks while placing your company in the best defensible position for potential litigation or enforcement actions.

9:30 a.m. – 10:00 a.m. – How Diversity, Equity & Inclusion (DE&I) Can Improve Employee Recruitment and Retention (Presented by Linda T. Prestegaard and Samuel Borbor-Sawyer)

In a tight labor market, it makes business sense to increase your competitive edge by creating a more inclusive work environment. Learn how DE&I training can foster talent growth, enhance creativity and improve employee satisfaction. In turn, a positive, inclusive work environment will make your business more attractive to top talent.

10:00 a.m. – 10:15 a.m. – Break - 15 minutes

10:15 a.m. – 10:45 a.m. – Regulatory Investigations and Recent Developments in False Claims Act Prosecutions (Presented by Alan J. Bozer and Sean B. Bunny)

The COVID-19 pandemic led to a large amount of government relief to affected businesses and organizations. This program discusses government investigations of fraud related to COVID-19 relief, and investigators’ tactics during regulatory investigations to ensure businesses know how to manage a government investigation.

10:45 a.m. – 11:15 a.m. – Shareholder Disputes and Business Relationship Dissolution (Presented by John G. Schmidt Jr. and Tristan D. Hujer)

When a business has multiple owners, disputes between those owners can have far-reaching and long-lasting effects on the business, its principals, employees and clients. This presentation will provide an overview of several sources of business disputes—including suspected fraud, breach of fiduciary duty, and misappropriation of business assets—and provide guidance on handling such disputes when they arise. In the unfortunate event that a dispute cannot be resolved, this presentation will outline key considerations for business owners for dealing with the aftereffects.

11:15 a.m. – 11:45 a.m. – Preserving the Attorney-Client Privilege in the Business Environment (Presented by Joshua Glasgow and Steven B. Salcedo)

Whether dealing with outside counsel, in-house counsel or non-attorney professionals, certain communications are protected from disclosure by the attorney-client privilege. This program will discuss concrete steps companies can take to avoid inadvertently waiving the privilege, and best practices for preserving the privilege in the corporate context.

11:45 a.m. – 12:00 p.m. – Q&A/Networking