eCourses

eSupplement to the 36th Annual Conference on State and Federal Appeals

Session 1: Outsmarting the Smartphone: Crucial Evidence Could Be In Your Back Pocket - In the digital era, smartphones are not just communication devices; they've become repositories of vast amounts of personal and professional data ranging from texts and emails to photos and location history providing a comprehensive digital footprint of a user's life. Examine how we use smartphones, how they work, what data is stored on the phone, proper evidence handling methods, and mobile device forensic examinations and much more.  Session 2: Practical Tips for Submitting a Public Information Act Ruling Request - Take an in depth look at the requirements of section 552.301 of the Government Code. Look at common pitfalls when submitting a ruling request and representative samples. Review some hypotheticals to help get your ruling request right.    Session 3: Ensuring Operational Resilience - How quickly can your organization recover from a cyberattack? This panel examines legal and strategic approaches to maintaining operational resilience, especially in the face of disruptions to critical infrastructure or third-party vendors. Topics include incident response, third-party due diligence, and legal counsel’s role in minimizing downtime and ensuring continuity across complex systems.   Session 4: Trade Secret Misappropriation: The Case for Damages - Whether in addition to or in lieu of injunctive relief, theft of trade secret cases offer a variety of theories for potentially significant monetary recovery. Gain insight to these theories, how they shape a case from pleading to discovery to final proof, the distinctions between loss recovery and disgorgement of ill-gotten gains, and considerations associated with proof of causation. For theft of trade secret cases involving a covenant not to compete, the impact of Section 15. 51(c) and how to navigate it is also addressed.

Includes: Video Captions Audio Transcript Paper Slides

eSupplement to the 48th Annual Corporate Counsel Institute

Session 1: Worksite Audits and Raids: What to Expect in 2026 - A refresher on warrants and subpoenas, employer and employee rights, civil and criminal penalties.  Session 2: What Not to Say - You can’t be too careful in today’s world of emails, texts, social media posts, recording devices, and shifting alliances. Recent cases provide cautionary tales, food for thought, and a bit of schadenfreude. Session 3: Aligning Cybersecurity with Business Operations - Explore the critical intersection of cybersecurity, legal compliance, and business operations and gain practical insights on building effective partnerships between legal, cyber, and business teams. Learn how organizations can better align their cybersecurity initiatives with business objectives while navigating complex regulatory requirements and emerging technologies. Session 4: In-House Perspectives on Product Innovation, Data Governance and Privacy - This panel of senior privacy and compliance counsel at leading technology companies shares recent experiences and issues encountered at the cutting edge of new business models and rapidly changing legal and compliance landscapes.

Includes: Video Captions Audio Transcript Paper Slides

AI Patent Procurement After Recentive

In Recentive Analytics, Inc. v. Fox Corp. et al. (No. 2023-2437, slip op. April 18, 2025), the Court of Appeals for the Federal Circuit affirmed the ineligibility of claims essentially wrapping general-purpose machine-learning claim limitations around a known process. Practitioners also face more § 101 rejections of AI/ML claims. Yet strong AI patents are still possible. This explores practical aspects of what to ask inventors, what to draft, and what to claim to yield survivable AI-based patents, along with the USPTO’s ethics-based disclosure requirements.

Includes: Video Captions Audio Transcript Paper Slides

Changes to USPTO Fee Structures and the Impact on Portfolio Strategies

Strategies for efficient cost management and leveraging fee structures to maximize portfolio protection in view of recent USPTO fee increases.

Includes: Video Captions Audio Transcript Slides

Emerging IP Issues for Self-Driving Transportation

Includes: Video Captions Audio Transcript No Materials

How to Succeed on Appeal: Tips from Seasoned Patent Practitioners

A frank discussion from seasoned Supreme Court and appellate practitioners about how to best position your case for success on appeal.

Includes: Video Captions Audio Transcript Paper

Litigating in the Unified Patent Court

Two and a half years after the UPC’s opening, Chuck Larsen of McDermott Will & Schulte shares lessons from a significant 9-patent case completed in the Paris Central Division and an ongoing infringement litigation before the Munich Local Division. The discussion offers practical insights into how the Court operates in practice, explores intersections with parallel U.S. cases, and highlights evolving strategic implications for global patent strategy and transactions.

Includes: Video Captions Audio Transcript Slides

Litigation Funding

An overview of litigation funding and it's role in patent litigation.

Includes: Video Captions Audio Transcript Slides

Hooked on CLE: March 2026

THIS MONTH: Data Centers and the Impact of Technological Autonomy • The First Amendment in the Workplace • Legal Ads: Advice From Veteran Lawyers in Small Firms • A Practical Guide to Trademark Registration • Transitioning from Government to Private Practice

Includes: Video Captions Audio Transcript Paper Slides

Patent Law Year in Review (2025)

A review of developments in patent law and policy at the Federal Circuit and the USPTO.

Includes: Video Captions Audio Transcript Slides

Patent Prosecution Pitfalls Around the World

Patent prosecution can be full of surprises, sometimes unpleasant. This presentation discusses the requirements that may surprise U.S. patent practitioners handling applications filed in other countries like Canada, Mexico, and Europe, as well as ways to avoid unpleasant surprises.

Includes: Video Captions Audio Transcript Slides

PTAB Developments in 2025: Discretionary Denial and Beyond

Session 1: Discretionary Denial Changes at the PTAB: Overdue or Overcorrection? - The panel examines the impact of the new procedures on discretionary denials of institution at the PTAB, and best practices for petitioners and patent owners under the interim procedures. Hear how the new discretionary denial factors, such as settled expectations, are being leveraged by the parties and treated by the Director. And also covers further developments related to the interim procedures that occur between now and November 2025, including mandamus challenges to the new procedures.  Session 2: Critical PTAB Developments: Beyond Discretionary Denial - While discretionary denial has dominated PTAB discussions in 2025, numerous other changes have fundamentally transformed PTAB practice, requiring practitioners to recalibrate their strategic approach to both AIA trials and ex parte appeals. Key developments to be discussed include significant Federal Circuit decisions narrowing estoppel and scrutinizing implicit claim construction, the limits on the use of admitted prior art and other general knowledge in IPR petitions, the PTAB’s focus on reducing the pendency of ex parte appeals, and the return to mandatory in-person hearings.

Includes: Video Captions Audio Transcript Slides

Sanctions and Fee Shifting in U.S. Patent Litigation

Sanctions and fee-shifting, or at least the prospects thereof, arise frequently in U.S. patent litigation. This presentation examines the statutory, case law and inherent authorities providing for fee awards in various contexts in patent cases (§ 285 exceptional case, Rule 11, Rule 37, 28 U.S.C. § 1927, inherent authority). Learn the differences and distinctions among these authorities, the mechanics of applying them, and the situational pros/cons and nuances of each. 

Includes: Video Captions Audio Transcript Paper Slides

Working in Harmony with In-House Counsel in the Digital Era

How to establish and maintain a productive relationship with in-house counsel, from the integration of AI tools to the ethics of best practices in billing and technology familiarity.

Includes: Video Captions Audio Transcript Slides

Answer Bar: Data Security Considerations for the Corporate Client

Session 01: In-House Perspectives on Product Innovation, Data Governance and Privacy - A panel of senior privacy and compliance counsel at leading technology companies shares recent experiences and issues encountered at the cutting edge of new business models and rapidly changing legal and compliance landscapes. Session 02: Aligning Cybersecurity with Business Operations​ - Explore the critical intersection of cybersecurity, legal compliance, and business operations. Gain practical insights on building effective partnerships between legal, cyber, and business teams. And learn how organizations can better align their cybersecurity initiatives with business objectives while navigating complex regulatory requirements and emerging technologies. Session 03: Taking Your Incident Response Plan to the Next Level - An organization’s resiliency to a cyber-attack is critical to mitigating the operational, reputational, and legal impact of the incident. Explore the steps organizations should be taking to take their incident response plans to the next level, including harmonization among various response plans, developing detailed legal and privacy playbooks, and conducting exercises that target the most challenging issues organizations face in cyber-attacks. Session 04: Counsel in the Crosshairs: Legal Decisions During a Data Crisis - This tabletop exercise puts attorneys at the center of a fast moving cyber incident. Legal, regulatory, and reputational consequences hang in the balance as participants collaborate to guide a fictional company through a breach response. And along the way, we’ll meet and interact with key constituents (employees, clients, service providers, regulators). Keep your head on a swivel—we may even catch a glimpse of the threat actor himself! Session 05: Vendor Risk Management - A discussion with industry leaders on cybersecurity issues arising in vendor relationships. The panel discusses third party auditing, cyber incident notification, the recently adopted Reg S-P amendments, and vendor use of AI. Session 06: Ensuring Operational Resilience - How quickly can your organization recover from a cyberattack? This panel examines legal and strategic approaches to maintaining operational resilience, especially in the face of disruptions to critical infrastructure or third-party vendors. Topics include incident response, third-party due diligence, and legal counsel’s role in minimizing downtime and ensuring continuity across complex systems. Session 07: Do You Know What Your Outside Counsel is Doing to Protect Client Information? - Law firms are now targets for hackers, including nation-state actors that seek to steal sensitive and valuable client information and cause disruption and other damages. Are your outside counsel taking the appropriate steps to ensure the safety of your information? Session 08: The Role of the Board: Before, During and After a Cybersecurity Incident - A summary from sitting board members and board governance experts on obligations, tips, and best practices for boards in preparing for and responding to cybersecurity incidents, and in affectively evaluating and addressing the attendant risks. Session 09: The Use and Governance of AI in Legal and Compliance Departments - Engage in, and leave with actionable suggestions for, how legal and compliance teams are supporting the use of AI, from piloting a single model within the department  to supporting AI governance across the enterprise.

Includes: Video Captions Audio Transcript Paper No Materials Slides

Generative Artificial Intelligence

A discussion centered on IP concerns and what to watch out for when applying AI use models and negotiating AI related agreements. 

Includes: Video Captions Audio Transcript Slides

A Practical Guide to Trademark Registration

Learn the basics of trademark clearance searching, preparation of trademark applications, and common mistakes that may impede the path to trademark registration. 

Includes: Video Captions Audio Transcript Slides

Hooked on CLE: December 2025

THIS MONTH: The Rise of Immersive Sports and Entertainment Experiences • Outsmarting the Smartphone: Crucial Evidence Could be in Your Back Pocket • Risk Allocation in Technology Transactions • When and How to Enroll in Medicare Parts A, B, C, D • Secrets to a Successful Reply Brief • What is a Lawyer's Duty in a Democracy Under Duress

Includes: Video Captions Audio Transcript Paper Slides

Is That Fair Use? Trademarks, Creativity, and the Law Post Rogers v Grimaldi

A case law review and practical application of balancing trademark rights and artistic expression in today’s media landscape.

Includes: Video Captions Audio Transcript Paper

eSupplement to the 30th Annual Advanced Patent Law Institute

Session 1: What Could Possibly Go Wrong (from a Cybersecurity Perspective)? - This session focuses on threat actor tactics and concerns with business email compromises, Zero Day attacks, and the Scattered Spider ring, as well as recent issues such as the CrowdStrike debacle. In addition the speakers discuss practical tips, experience and related compliance considerations. Session 2: ​The Ethical Use of AI - Explore the patchwork of state-level professional rules and advisories addressing the use of artificial intelligence by lawyers in the practice of law, as well as the rise of standing court orders addressing the use of AI in connection with material submitted to the court. Also touch on the ways in which lawyers are in fact using AI in the practice (and some of the ways they are not).

Includes: Video Captions Audio Transcript Paper Slides