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    • Emerging Trends in Merger & Acquisition Disputes Emerging Trends in Merger & Acquisition Disputes Jim Smith, Jeff Litvak, Jeremy McGannon Recorded: Nov 7 2014 6:00 pm UTC 103 mins
    • The economy is progressively improving and M&A activity is beginning to show signs of improvement. The courts have focused on numerous challenges for valuation experts in M&A transactions. Some involve a failure to close a transaction, but many are over claims of fraud, misrepresentation or breach of warranties or covenants after a transaction has closed. In these types of disputes, the most important question is whether a party will be entitled to seek damages and, if so, the manner in which the damages are to be measured. After the dust settles, however, other questions arise, including: how did we get here and how can we prevent this in the future?

      The session will provide insight into emerging trends in mergers and acquisitions following the economic downturn as well as observations and insights into the types of disputes that have emerged in this economy. In this context, the session will provide background on the legal and transactional issues that must be considered during negotiations, drafting of the transactional documents, closing and beyond and an overview of the various legal, accounting, and valuation aspects of disputes over misrepresentations, breaches, earnouts and post-closing adjustments

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    • Recent Trends in Merger & Acquisition Disputes Recent Trends in Merger & Acquisition Disputes Daniel Delaney, Jeff Litvak, Nicole Wells Recorded: Feb 27 2013 6:00 pm UTC 98 mins
    • The recent downturn in the economy has been a factor in recent disputes arising from business acquisitions. Some involve a failure to close a transaction, but many are over claims of fraud, misrepresentation or breach of warranties or covenants after a transaction has closed. In these types of disputes, the most important question is whether a party will be entitled to seek damages and, if so, the manner in which the damages are to be measured. After the dust settles, however, other questions arise, including: how did we get here and how can we prevent this in the future?

      The session will provide insight into recent trends in mergers and acquisitions following the economic downturn as well as observations and insights into the types of disputes that have emerged in this economy. In this context, the session will provide background on the legal and transactional issues that must be considered during negotiations, drafting of the transactional documents, closing and beyond and an overview of the various legal, accounting, and valuation aspects of disputes over misrepresentations, breaches, earnouts and post-closing adjustments.

      Please join our panelists Daniel Delaney, Partner in Drinker, Biddle & Reath LLP’s Commercial Litigation Group; and Jeff Litvak, Senior Managing Director, and Nicole Wells, Managing Director in FTI’s Forensic and Litigation Consulting Practice as they address these issues as well as your questions.

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    • Working Capital Disputes: The Role of the Neutral Arbitrator Working Capital Disputes: The Role of the Neutral Arbitrator Basil Imburgia, Jeff Litvak Recorded: May 6 2015 5:00 pm UTC 89 mins
    • With global M&A activity on the rise, companies should prepare themselves for potential post-acquisition disputes prior to buying or selling a business. Often times, the contract between the parties will address the process to be followed in the event of any purchase price disputes and will reference the use of a neutral arbitrator.

      This presentation will address the important role of a neutral arbitrator in purchase price disputes, including how that role is created, defined and executed, from the initial negotiation of the purchase price agreement to the final opinion given to the parties by the neutral arbitrator. The presentation will also briefly highlight the most common types of working capital account and other post-closing adjustment disputes that a neutral arbitrator typically adjudicates, as well as controversies regarding GAAP, consistency, and whether alternatives to GAAP apply.

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    • Emerging Trends in Merger & Acquisition Disputes Emerging Trends in Merger & Acquisition Disputes Jeff Litvak, Ken Mathieu, David Kotler Recorded: Oct 6 2011 5:00 pm UTC 90 mins
    • The economic climate of the past several years has triggered a surge in disputes arising from business acquisitions – particularly claims of fraud, misrepresentation or breach of warranties or covenants after a transaction has closed. In these types of disputes, an important question is whether a party will be entitled to recover damages and, if so, the manner in which such damages are to be measured. After the dust settles, however, companies and practitioners alike should consider means of preventing or mitigating the impact of post-closing disputes in the future.

      The panelists for this webcast from FTI Consulting, Inc. and Dechert LLP will canvas the current state of merger and acquisition litigation and damages theories, with a specific focus on post-closing risk management.

      The topics that will be covered include:
      --Caselaw developments regarding valuation methods, price-related disputes and working capital adjustments;
      --Damages theories;
      --Common approaches to deal valuation; and
      --Ways to minimize post acquisition disputes.

      The webcast will be followed by a question-and-answer session with the hosts.

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    • Recent Trends in Shareholder Disputes in Delaware Recent Trends in Shareholder Disputes in Delaware David Margules, Jeff Litvak, Brent Miller Recorded: Nov 5 2014 6:00 pm UTC 94 mins
    • The Delaware Chancery Court is one of the most significant venues for major shareholder litigation cases, and the Court’s decisions in those matters help shape the legal and valuation landscape for those cases. In the past few years, a number of cases have provided valuable insights into the court’s views on legal and valuation issues that arise in many shareholder disputes. Staying informed of such recent case developments is essential to the success of practitioners handling these types of cases.

      In this webcast, a panel of shareholder dispute experts will discuss City of Providence v. First citizens Bancshares, Inc. (Del. Ch. Sept. 8, 2014); Huff Fund Investment Partnership v. CKx, Inc. (Del. Ch. Nov. 1, 2013), In re Rural Metro Corp. Shareholders Litigation (Del. Ch. Oct. 10, 2014), In re Nine Systems Corp. Shareholders Litigation (Del. Ch. Sept. 4, 2014), and other recent Delaware Chancery Court cases and their impacts on shareholder litigation. The panelists will discuss the impact these cases have on the role of financial advisors, the mechanics of stockholder disputes, the relevance of market-based evidence and other issues. The panelists will also present a case study example of a valuation in a shareholder dispute.

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    • Working Capital Disputes: The Role of the Neutral Arbitrator Working Capital Disputes: The Role of the Neutral Arbitrator Jeff Soble, Jeff Litvak, Nicole Wells Recorded: Jun 8 2011 5:30 pm UTC 93 mins
    • With global M&A activity on the rise, companies should prepare themselves for potential post-acquisition disputes prior to buying or selling a business. Often times, the contract between the parties will address the process to be followed in the event of any purchase price disputes and will reference the use of a neutral arbitrator. This presentation will address the important role of a neutral arbitrator in purchase price disputes, including how that role is created, defined and executed, from the initial negotiation of the purchase price agreement to the final opinion given to the parties by the neutral arbitrator. The presentation will also briefly highlight the most common types of working capital account and other post-closing adjustment disputes that a neutral arbitrator typically adjudicates.

      Please join our distinguished panelists Jeff Soble, Partner at Foley & Lardner LLP, and Jeff Litvak, Senior Managing Director, and Nicole Wells, Senior Director in FTI’s Forensic and Litigation Consulting Practice as they address these issues as well as your questions.

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    • Insights on Earnouts and Related Post-Acquisition Disputes Insights on Earnouts and Related Post-Acquisition Disputes Jeff Litvak, Nicole Wells, Alan J. Stone Recorded: Apr 26 2011 5:00 pm UTC 95 mins
    • This webcast will introduce participants to the basics of the earnout as an element of the purchase price in M&A transactions and the common disputes that arise from earnout provisions. The panel will discuss the common traits to earnouts, their appeal in the marketplace, earnout performance measurement, earnout payment calculation mechanics, disputes regarding the post-closing operation and accounting of the target business, and more. The program is geared to lawyers involved in mergers and acquisitions.

      Please join panelists Jeff Litvak and Nicole Wells, both of FTI’s Forensic and Litigation Consulting practice, and Alan J. Stone of Milbank, Tweed, Hadley & McCloy LLP as they address these issues and your questions in this free webcast.

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    • Successful early resolution strategies for IP disputes Successful early resolution strategies for IP disputes Edward A. Mas II , partner, McAndrews, Held & Malloy; Leland G. Hansen, partner, McAndrews, Held & Malloy, Vaishali Udupa, HP Recorded: Sep 10 2014 3:00 pm UTC 77 mins
    • Managing IP, in association with McAndrews, Held & Malloy, invites you to join a free web seminar focusing on strategies for early resolution of IP disputes.

      As litigation becomes increasingly expensive and prolonged, early resolution strategies are more and more attractive to IP managers. IP has never been more valuable to an organization, but without the correct enforcement and resolution strategies, IP disputes can become a heavy burden on your budget. Thus, having a range of successful early resolution strategies at your disposal will enable you to save money and find mutually beneficial solutions for IP owners and accused infringers.

      Speakers include:
      •James Nurton, managing editor, Managing IP (moderator)
      •Edward A. Mas II , partner, McAndrews, Held & Malloy
      •Leland G. Hansen, partner, McAndrews, Held & Malloy
      • Vaishali Udupa, IP litigation manager, Hewlett-Packard
      The webinar will focus on successful early resolution strategies, covering:
      •The importance of preparation
      •How to select an appropriate forum
      •Assessment of litigation costs and potential exposure
      •Identifying potential counterclaims
      •How to conduct early discovery and avoid delays
      •Ways to file an early motion for summary judgment
      •The utility of settlements
      •Properly-timed PTO and ADR Proceedings
      •How a redesign might solve your problems

      With litigation becoming increasingly expensive and prolonged, having a well-functioning early resolution strategy is essential for sustaining a strong presence in the market place. This webinar will provide an invaluable guide for IP managers who are facing the problem of having to deliver ever greater levels of IP protection or defense, all while managing resources under considerable time constraints. The live audience will be able to ask questions of the speakers during the webinar, which will be in English and will last one hour.

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    • Regulatory disputes in the wake of Lehman Regulatory disputes in the wake of Lehman Singapore Exchange, GE Capital, Herbert Smith, Asialaw Recorded: Jul 21 2009 9:00 am UTC 60 mins
    • Following the collapse of Lehman Brothers, regulatory disputes are on the rise. We examine the architecture of regulatory systems across the region and assess what investors can reasonably expect from them.

      Topics will include:

      - How the Lehman mini-bond saga has changed the landscape for regulatory disputes?
      - How regulators across the region have dealt with issues arising from the financial crisis
      - Strategies for liaising with regulators: softly or stonewall?

      Speakers will include:

      - Stephen Mulrenan, managing editor, Asialaw
      - Joyce Fong, general counsel and company secretary, SGX
      - Sow Wei Wong, chief compliance officer, SE Asia, GE Capital
      - Mark Johnson, head of Asia dispute resolution, Herbert Smith

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    • Dispute resolution in the financial crisis Dispute resolution in the financial crisis HKIAC, GE, Jones Day, Asialaw Recorded: Jun 3 2009 2:30 am UTC 54 mins
    • Disputes are increasing across Asia. We examine where best to settle them, debate the merits of courts or arbitration, and weigh up the relative merits of Hong Kong, China, Singapore and the ICC.

      Topics will include:

      - Which is better--arbitration inside China or outside?
      - CIETAC or local arbitration commissions?
      - If outside China, what are my options and what are the pro's and con's?
      - Can arbitral awards really be enforced?


      Speakers will include:

      Thomas Young, Asialaw
      Michael Moser, Hong Kong International Arbitration Centre
      Stephen Maloy, GE
      Cao Lijun, Jones Day

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    • Causes and Economic Consequences of Merger & Acquisition Disputes Causes and Economic Consequences of Merger & Acquisition Disputes Michael Conway, Jacob Smith, Jeff Litvak, Nicole Wells Recorded: Jan 12 2010 7:00 pm UTC 112 mins
    • The downturn in the economy has been a factor in recent disputes arising from business acquisitions. Some involve a failure to close a transaction, but many are over claims of fraud, misrepresentation or breach of warranties or covenants after a transaction has closed. In these types of disputes, the most important question is whether a party will be entitled to seek damages and, if so, the manner in which the damages are to be measured. After the dust settles, however, other questions arise, including: how did we get here and how can we prevent this in the future?
      The session will provide a case study on the legal and transactional issues that must be considered during the course of an M&A transaction and an overview of the various legal, accounting, and valuation aspects of disputes over misrepresentations, breaches, earnouts and post-closing adjustments.

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    • February Patch Update - Sponsored by Qualys February Patch Update - Sponsored by Qualys Moderator: Stephen Pritchard - Speakers: Matt Harvey, Brian Honan & Wolfgang Kandek Recorded: Feb 12 2015 3:00 pm UTC 60 mins
    • Every month, our Patch webinar gives listeners a chance to stay up to date with the latest security updates and patches, and to look deeper at some of the issues around patch management.

      In each webinar, we start with a look at Microsoft's Patch Tuesday releases and round up the main security updates and patches from other software and operating systems vendors. This month we will focus on the recent GHOST vulnerability. GHOST is a vulnerability in a widely deployed open source component, similar to Heartbleed and Shellshock. While nobody disputes the criticality of the vulnerability, reachability by outside attackers has been under discussion. We will wrap up the latest and give you insight on how much you should care...

      As always we will conclude with audience questions: your chance to quiz our experts on the best ways to keep your infrastructure secure.

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    • High-Frequency Trading: Wall Street Revolt or Distorted Hype? High-Frequency Trading: Wall Street Revolt or Distorted Hype? Adam Warren, Janet M. Angstadt Recorded: May 16 2014 5:00 pm UTC 56 mins
    • The purpose of this webcast is to educate attendees about high-frequency trading (HFT) and help cut through some of the recent media frenzy and claims of "market rigging." As with any complex topic, there are many perspectives and interests, often resulting in misconceptions, controversy, and finger pointing. And where there is alleged malfeasance there is often a litigious dispute.

      The HFT ecosystem is far reaching and multifaceted; everyone from prop trading firms and institutional investors to exchanges and news providers may be party to a legal or regulatory inquiry or litigation.

      This webcast will objectively discuss the evolution of market structure, advances in electronic trading, regulatory enforcement and legal action, and potential ramifications and readiness strategies.

      What You Will Learn:

      • What is High-Frequency Trading? Myth versus reality

      • Fundamentals of today’s technology driven financial markets

      • Difference between HFT, algorithmic trading, and prop trading

      • How big (and how profitable) is the industry? Who are the players?

      • Latest regulatory inquiries and legal disputes

      • Is HFT legal? Is it insider trading? What laws and regulations apply?

      • North America vs European and Asian markets

      • Looming regulatory/structural response and how prepared are you?

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    • Sony Pictures Entertainment: The Fallout from 2014’s Biggest Breach Sony Pictures Entertainment: The Fallout from 2014’s Biggest Breach Moderator: Stephen Pritchard - Speakers: Amar Singh, Eddie Schwartz & Adrian Davis Recorded: Jan 29 2015 3:00 pm UTC 60 mins
    • From November through to the new year, the headlines were awash with the major cyber-attack on Sony Pictures Entertainment. Details continue to filter through about the scale of the breach. We already know about the vast quantities of personal data leaked (including social security numbers); the theft and dissemination of intellectual property, such as film scripts and actual motion pictures; and, of course, the initial cancellation of the North Korea-lampooning flick, The Interview.

      Dig a little further, though, and how much do we really know about how the attack was perpetrated? Who is to blame? The FBI was quick to point the finger at North Korea, and the US government has even imposed sanctions on the nation in response. Security experts have lined up to dispute the FBI’s claims, but attempts to identify a plausible alternative haven’t generated much traction.

      This webinar looks at the incident’s implications from a security point of view. The panelists will examine where Sony went wrong, how far the blame can be extended to the entertainment giant, the plausibility of the FBI’s claim, and what the wider significance of this political hot potato could be.

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    • Addressing Negative Online Reviews Addressing Negative Online Reviews Brandt Niehaus, HBI and Clifford Davidson, Sussman Shank Recorded: Dec 10 2014 7:00 pm UTC 79 mins
    • Online reviews and social media are a blessing and a curse. On one hand, attention on social media and online can drive business. On the other hand, negative reviews can have a significant negative impact. While reviewers have a right to express their opinions without fear of litigation, reviewers may also be held accountable for spreading falsehood that damages reputation or decreases revenue. This webcast will assist the hospitality professional to respond to negative reviews. It will provide the viewer background information intended to assist hospitality professionals in (1) distinguishing between expressions of opinion (which are protected) and statements of purported fact (which are not); (2) responding informally to negative reviews; (3) determining how legal counsel can efficiently and effectively assist; and (4) avoiding potential liability under state statutes that might apply in legal actions brought to curtail speech.

      The webinar will also overview principles established by very recent appellate court decisions pertaining to online reviews.

      About the presenter: Clifford S. Davidson, Attorney, Sussman Shank LLP, is a commercial litigator with jury trial experience. Throughout his career, he has focused on commercial contract disputes, entertainment and intellectual property litigation, First Amendment litigation, counseling in the areas of privacy and data security, and insurance coverage.

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    • Earnouts in M&A Transactions -- Emerging Trends Earnouts in M&A Transactions -- Emerging Trends Jeff Litvak, Jeremy McGannon, Jim Rolfes Recorded: Mar 21 2013 5:00 pm UTC 90 mins
    • This webcast will introduce participants to the basics of the earnout as an element of the purchase price in M&A transactions and the common disputes that arise from earnout provisions.

      The panel will discuss the intricacies of earnouts, legal considerations and recent case law relating to earnouts, the mechanics of earnouts, common disputes involving earnouts, the valuation and recognition of earnouts, and more. This program will also address the role of the neutral accounting arbitrator in resolving an earnout dispute.

      The program is geared to lawyers involved in mergers and acquisitions.

      Please join panelists Jeff Litvak and Jeremy McGannon, both of FTI Consulting’s Forensic and Litigation Consulting practice, and Jim Rolfes of Reed Smith as they address these issues and your questions in this free webcast.

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