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PLI 

Newsletter: HOT TOPIC BRIEFINGS

Accounting Briefings - May
FAS 161 and FAS 133: Where Are We Now and Where Are We Going? : May 6

Corporate & Securities Briefings - May
Say-on-Pay: Solution or Bigger Problem? : May 22
ETFs — Changes in the Regulatory Landscape : May 28

Corporate Compliance - May
PLI/Ethisphere Compliance Series: Global Perspectives on FCPA: South America : May 21

Employment Briefings - May
Sarbanes-Oxley Whistleblower Law: Significant Developments and Analysis of Trends : May 19

Green Law Briefings - May
Trading Carbon Credits in the EU: What U.S. Companies Need to Know : May 20

Privacy Briefings - May
Testing the Privacy Impact of Marketing Initiatives Before Going Live : May 12


Moderator:

James R. Doty
Baker Botts LLP
Washington, D.C.


Faculty:

Alex J. Fredericks
Ernst & Young LLP
New York City

Yasho Lahiri
Baker Botts LLP
New York City

Timothy S. Lucas
LUCAS Financial Reporting
Louisville, TN

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Live Audio Webcast

FAS 161 and FAS 133: Where Are We Now and Where Are We Going?
May 6, 2008, 1-2pm EDT
Live Audio Webcast

In the decade since the issuance of FAS 133, the issues relating to financial reporting and accounting for hedging activities and derivative instruments which it governs have assumed significant and perhaps preeminent importance in the capital markets. In practice, however, FAS 133 has been difficult to implement and the resulting financial disclosure has with some exceptions perhaps rarely been user-friendly. FAS 161 was recently issued to remedy at least some of these perceived issues. Please plan to join expert faculty as they focus on the strategic choices embedded in FAS 161 and how they are likely to play out in practice. In addition, the following topics will be covered:
  • The qualitative disclosure requirements of FAS 161 - why entities enter into derivative agreements or instruments, how such instruments modify the entity's risk profile and where in the financial statements the effects of these particular risk management efforts are reflected
  • The effect of the decision not to give prescriptive presentation guidance to issuers; and predictions as to the effect of not including as a FAS 161 objective that the disclosure relating to derivative instruments and hedged items help a user of the financial statement understand an entity's overall risk exposure and risk-management strategy
  • The interplay between the more limited FAS 161-mandated risk discussion and management's broader MD&A obligations in SEC filings regarding risks and risk-management strategies in general
  • Whether and to what extent the FAS 161 position and performance-related tables ameliorate FAS 133 presentation concerns
  • Whether and why it matters that FAS 161 returns to the pre-FAS 133 position regarding disclosure of notional exposures; and a discussion of the "contingent features" guidance

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Moderator:

Francoise Gilbert
IT Law Group
Palo Alto, CA


Faculty:

James X. Dempsey
Policy Director
Center for Democracy & Technology
Washington, D.C.

Christopher J. Hoofnagle
Senior Staff Attorney
University of California, Berkeley School of Law Boalt Hall
Berkeley, CA

Nicole A. Ozer
Technology & Civil Liberties Policy Director
ACLU of Northern California
San Francisco

Register Now
Live Audio Webcast

Testing the Privacy Impact of Marketing Initiatives Before Going Live
May 12, 2008, 1-2pm EDT
Live Audio Webcast

Assume your company's R&D or marketingdepartment is developing a new product, technology or service that involves new ways to processpersonalinformation or new uses of thisinformation.The company thinks that this new technology or concept could be valuable in developing new markets, new ways of reaching out tocustomers, or more efficient methods of serving them.

When looking at these developments from a privacy angle, best practices require that the company conducts a Privacy Impact Assessment or PIA to ensure that thecontemplated use of the newtechnologyor newmarketingmethod will not violate privacy laws or corporate privacy policies or otherwise be subject to public criticism on privacy grounds.

Whether in the context of a PIA or otherwise as part of the process of developing new uses of personal information, companies can benefit from interaction with privacy advocates. Often seen as adversaries, some privacy advocates are open to consultation with companies, and some leading companies already take advantage of this opportunity to head off privacy problems before they arise. Leading privacy advocates will:

  • Provide insight into how they view privacy
  • Describe how they, as consumer protection organizations, can assist companies in understanding what impact business decisions may have on privacy

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Faculty:

Jonathan Ben-Asher
Beranbaum Menken Ben-Asher & Bierman LLP
New York City

Michael Delikat
Orrick, Herrington & Sutcliffe LLP
New York City

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Live Audio Webcast

Sarbanes-Oxley Whistleblower Law: Significant Developments and Analysis of Trends
May 19, 2008, 1-2pm EDT
Live Audio Webcast

With the whistleblower protections of Sarbanes-Oxley now in effect for almost six years, significant interpretations of the whistleblower provisions of Sarbanes-Oxley continue to come out of the decisions of the Department of Labor, the Administrative Review Board, and the United States federal courts. At the same time, with over 1,000 SOX whistleblower claims having been resolved, various trends and "practice pointers" relevant to bringing these claims and defending them have emerged.

Please plan to join a noted plaintiff's attorney with substantial experience prosecuting SOX whistleblower claims, and the author of the book Corporate Whistleblowing in the Sarbanes-Oxley Era, as they discuss the most significant recent developments on issues such as:

  • What constitutes protected activity and what employees are covered by the statute
  • Identification of the trends that have emerged in this important area of the law
Please plan to register for this presentation. Participants in this One-Hour Briefing are entitled to a 35% discount off the price of these new treatises from PLI, Employment Law Yearbook (2008 Edition) and Corporate Whistleblowing in the Sarbanes-Oxley Era.

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Faculty:

William A. Tanenbaum
Kaye Scholer LLP
New York City

Register Now
Live Audio Webcast

Trading Carbon Credits in the EU: What U.S. Companies Need to Know
May 20, 2008, 1-2pm EDT
Live Audio Webcast

This program will focus on what U.S. companies operating in Europe need to know about the existing carbon credit trading scheme and the 2008 proposed changes to it. Please plan to join expert faculty for a discussion addressing:
  • The existing EU Emissions Trading Scheme ("EU ETS") that implemented the Kyoto Treaty
  • 2008 changes proposed by the European Commission
  • What U.S. companies need to know about compliance with EU ETS regulations

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Faculty:

Richard W. Oehler
Perkins Coie LLP and Affiliates
Seattle

Pravin B. Rao
Perkins Coie LLP and Affiliates
Chicago

Lee Stein
Perkins Coie LLP and Affiliates
Phoenix

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Live Audio Webcast

PLI/Ethisphere Compliance Series: Global Perspectives on FCPA: South America
May 21, 2008, 1-2pm EDT
Live Audio Webcast

FCPA enforcement has become a top priority for the DOJ and SEC in recent years. As globalization increases, it seems all but unavoidable that FCPA investigations and penalties for violations stand to grow in number, scale and severity. PLI and ETHISPHERE present a co-sponsored one-hour web briefing, PLI/Ethisphere Compliance Series: Global Perspectives on FCPA: South America, scheduled for May 21, 2008, 1pm - 2 pm ET/12pm 1pm CT/11am - 12pm MT/10am-11am PT.

Different countries present different types and levels of compliance challenges. Please plan to join expert faculty for a wide-ranging discussion on some of the challenges organizations face when doing business in South America, a high risk area for multinationals that calls for unique attention and consideration.

Discussion topics will include:

  • Practical strategies for mitigating international FCPA risks
  • In-house counsel perspectives and practical considerations for U.S. and U.S.-controlled businesses
  • Recent merger and acquisition developments and what those developments portend for the future
  • Status of international cooperation and enforcement of anti-corruption laws

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Faculty:

Professor Charles M. Elson
Director, John L. Weinberg Center for Corporate Governance
University of Delaware

Newark, DE

Doreen E. Lilienfeld
Shearman & Sterling, LLP
New York City

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Live Audio Webcast

Say-on-Pay: Solution or Bigger Problem?
May 22, 2008, 1-2pm EDT
Live Audio Webcast

Much recent attention has been focused on the size of executive pay packages and whether they are tied to shareholder returns. Shareholder activists have come on strong this season with proxy proposals requesting that shareholders get a say-on-pay in an effort to curb the growth of executive pay packages. Proposals mandating a say-on-pay have been floated in Congress. But will having shareholders weigh in on pay packages actually curb big payouts?

Mark your calendars and join noted corporate governance experts as they discuss these issues and the following additional topics:

  • Results of say-on-pay proposals in the 2008 proxy season
  • Institutional shareholder positions on say-on-pay
  • Whether legislative action will — and should — be taken in this arena

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Faculty:

Jack W. Murphy
Dechert LLP
Washington, D.C.

Penelope Saltzman
Office of Regulatory Policy
Division of Investment Management
U.S. Securities and Exchange Commission

Washington, D.C.

Register Now
Live Audio Webcast

ETFs — Changes in the Regulatory Landscape
May 28, 2008, 1-2pm EDT
Live Audio Webcast

With the SEC's proposal of the ETF rule and the issuance of the first SEC orders permitting the offering of actively traded ETFs, the regulatory landscape for ETF products is rapidly changing. This program will explore these developments and will seek to identify and address the major issues confronting the ETF industry.

Please plan to join distinguished faculty as they address the following topics:

  • Recent SEC rule proposal to permit certain ETFs to operate without the need for an SEC exemptive order
  • Actively managed ETFs, disclosure issues, operational issues and the ability of the marketplace to maintain an efficient arbitrage mechanism
  • The ability of mutual funds and closed-end funds to invest in ETF shares

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If you prefer to register by phone, please call PLI's Customer Relations Department at (800) 260-4754. If you register by phone, be sure to mention your Priority Code: CVD8-8EM20. The Live Audio Webcast of these One-Hour Briefings are free of charge to PLI Privileged Members and to PLI Web Subscribers. For information on becoming a Privileged Member contact membership@pli.edu.

Priority Code: CVD8-8EM20

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