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Intellectual Property / Patent Law
Understand the various available options to reply to a final office action from the USPTO as well as their advantages and disadvantages and chances of success. Topics include QPIDS, pre-appeal brief program, AFCP2.0, as well as amendments, affidavits under rule 41.33. more »
Session 1: In-House Counsel Panel: Effective Relationships Between In-House and Outside Counsel - Best practices for establishing and maintaining a healthy relationship between in-house and outside counsel, including effective communications, working with business leaders and inventors, establishing working procedures, activities beyond the business relationship, creating unique service offerings, and relevant ethical issues.
Session 2: COVID-19 Financial Risk Mitigation Tools - A primer on how companies can protect themselves from the financial consequences of COVID-19 through the strategic use of insurance and force majeure clauses.
Session 3: Conducting a Risk Assessment - Following the DOJ’s 2019 guidance on the evaluation of corporate compliance programs, what's changed? How do you ensure your process is effective? And what are the key steps and best practices for an effective risk assessment process?
Session 4: Cybersecurity Insurance - Examine key insurance provisions and hear thoughts on evolving exposures impacting privacy and cyber insurance.
Session 5: New Kids on the Block: State-of-the-Art New(ish) M&A Clauses That You Need to Know - In the always-evolving M&A market, it’s critical that counsel be up-to-speed on the latest deal provisions for buyers and sellers. Hear from seasoned practitioners on the key clauses that savvy dealmakers are including in their agreements to avoid pitfalls and give their clients the edge.
Session 6: Revenge of the Sea Squirts: More Glenn West on Encrusted M&A Boilerplate - The need to understand and appropriately modify “standard” M&A boilerplate to fit your deal cannot be over emphasized. Glenn West builds on last year’s presentation and adds additional examples of the problems that unexamined/encrusted boilerplate can create in potentially undoing the specifically negotiated provisions of your deal.
Session 7: Overview: Implementing Blockchain Solutions - The panel discusses a business approach to blockchain and how and where this technology is being implemented today; the legal, fiduciary and regulatory issues in drafting legal contracts into code; and blockchain from a cybersecurity perspective.
Session 8: Diversity and Inclusion Initiatives: A Priority and a Challenge - Developing diversity and inclusion initiatives is a growing priority for many companies and organizations. Gain strategies and advice in how to approach the creation and implementation of these initiatives, and how to avoid inadvertent Title VII violations or other legal liabilities.
Session 9: Age Discrimination: A New Kind of Generation Gap - The Age Discrimination in Employment Act (ADEA) just celebrated the 50th anniversary of its enactment. With an aging baby boomer population, employees working past traditional retirement age, and millennials moving into management positions—these issues are more important than ever. Discuss strategies for managing multi-generational workforces and preventing age discrimination claims.
Session 10: Whistleblower Issues and Best Practices - An exploration of the myriad challenges posed for companies by whistleblowers, as well as viable strategies for successfully negotiating the difficult obstacles presented.
Session 11: Tailoring Internal Investigations to be More Efficient and Cost Effective - Discuss the latest technology and techniques that are being employed for conducting efficient and effective internal investigations.
Session 12: Outsourcing Legal Work - What kinds of legal services can you outsource? How do you go about it and how do you effectively protect client confidences when you do? This presentation explores three areas: core legal services (legal research, deposition summaries, drafting, etc.), support services (bookkeeping, website development, HR, etc.) and ancillary services (tenant representatives, retirement plan implementation, or other professional services for one-off-projects).
Session 13: The Company in Crisis: Talking to Investors, Regulators and the Media - Best practices for crisis preparation, planning, and how to disclose and communicate after a crisis event. Address strategies for dealing with the media, investors, and the public then discuss the legal requirements and the strategic considerations in making disclosures in company filings.
Session 14: Representation of Multiple Parties: Ethical and Practical Considerations - Examine the advantages and disadvantages of using pool counsel in internal investigations, including the impact of joint representation, whether the various clients' interests are sufficiently aligned, the types of agreements entered with the company, the logistics of the engagement, consequences of one client being charged or cooperating, and managing client information to avoid potential cross-contamination.
Session 15: Ephemeral Data and Other Emerging Technology - In cybersecurity, staying on pace with current technology, issues, and approaches is a step behind. Practitioners must remain ahead of what is current, or else they will find themselves obsolete, commoditized, outside best practice, or a victim of a cyber incident or crisis. Take a look ahead with thought leadership and awareness around emerging, nascent, or predicted cyber technologies, approaches, threats, challenges, and applications such as transactional due diligence, ephemeral data, incident response, smart cities, alternative commerce and banking, identification, contracting, connected devices, artificial intelligence, risk transfer, data analytics, ethical and privacy concerns, IoT, industrial controls, and connectivity.
Session 16: Wellness and Well-Being: Ethical and Professionalism Implications - Identify current life challenges facing lawyers, the professional responsibility and professionalism issues raised by lawyer impairment, and current efforts by the organized bar and legal employers to address issues of lawyer wellness and well-being. more »
Hear an overview of intellectual property law and recent school-related IP litigation impacting school operations. Learn about the best practices and common areas of exposure, such as teacher web pages, school mascots and logos, curriculum programs and materials, and work made for hire and fair use. more »
Understand issues and evolving case law relating to double patenting, as well as best practices for addressing double patenting rejections during examination, and pitfalls to avoid. Discuss the impact of double patenting on Patent Term Extension under 35 USC §156, portfolio management, validity, and enforcement after grant. more »
Session 1: Smart Cities: Privacy in the Public Sector - Cities are increasingly adopting emerging technology and implementing “Smart Cities” initiatives to improve services. These initiatives promise to increase the efficiency of city operations through sensors, cameras, and other internet-connected devices, but these initiatives carry many risks. Hear a discussion of the applicable legal and regulatory issues associated with these initiatives, especially with regard to privacy and cybersecurity.
Session 2: Mediation and Ethics - What the parties, their counsel, and mediators can and should expect from themselves and from each other. more »
Focus on the ethics rules issued by the USPTO in 2013 and how they are applied and enforced by today’s Office of Enrollment and Discipline. New developments are discussed, including current cases and the new Diversion Program. more »
Gain insight on maximizing total profit damages in spite of Samsung v. Apple; using single-view drawings; choosing a good title for your application; countering aesthetic functionality and patent exhaustion defenses when asserting spare parts infringement; and praying that reason prevails in Section 103 analysis after federal circuit kicks the can down the road. more »
Gain insight on the Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. on-sale bar decision and interpretation under the AIA, along with a nuts and bolts look at the resulting practical implications for patent application timing and supply agreement structuring considerations. more »
Using film, animations, and even clips from a patent lawyer-turned stand-up comic, this session addresses conflicts of interest, competently policing trademark infringement without harming your client’s brand, and how to competently and ethically represent clients with IP needs. more »
From biotech to computer software, gain insight on preparing high quality patent applications that are enforceable. Explore the challenges pertaining to patent eligibility, written description, and enablement from drafting through enforcement. more »
Session 1: PTAB Update - Hear an update on PTAB appeals and trial proceedings.
Session 2: Recent Developments in Practice Before the Patent Trial and Appeal Board (PTAB) - Learn about new developments impacting practice before the Board, including evolving standards on discretionary institution based on prior petitions for review and/or developments in other forums; increasing guidance from the Board in the form of precedential and/or informative decisions and updates to the Trial Practice Guide; the new pilot program on motions to amend that provides earlier feedback to the parties; the impact of Federal Circuit precedent on PTAB practice; and other topics of interest.
Session 3: Section 101 Challenges in AIA Trials at the PTAB - Gain insight on strategic use of AIA trials (CBM, PGR, IPRs) to raise Section 101 issues; raising Section 101 issues in connection with IPR motions to amend and claim construction; and implications of 2019 Patent Eligibility Guidance on PTAB. more »
Session 1: Section 101: High Tech v. Life Sciences - The U.S. patent statutes apply equally to all patent applications, but the application of the patent eligibility requirement of Section 101 varies across technologies. Discuss, compare and contrast eligible and non-eligible claims in different fields, review the current examination guidance, and hear an update on legislate reform efforts.
Session 2: Section 101 Issues in Patent Litigation - In many contexts “101” is used to mean something basic and easily understandable, but recently Section 101 of the Patent Act has been anything but. Explore the myriad of issues that patentable subject matter uncertainty has caused in patent litigation, touch on lessons learned, and explore what developments may be on the horizon. more »
Session 1: Global Enforcement Trends - Patent enforcement is often global in two or more jurisdictions requiring a deep understanding of the laws and practices of each jurisdiction, competent counsel in each jurisdiction, and on-going close cooperation between the litigation teams in each jurisdiction. This panel focuses on effective patent litigation in the largest economies after the USA – China, Japan, Germany, and the UK.
Session 2: SEPs and FRAND - Learn about recent developments related to standard essential patents, including cutting edge technologies, fair reasonable and non-discriminatory licensing issues, and an overview of government agency views. more »
THIS MONTH: #Blessed: Using Social Media in Trial • What I Learned About Writing Briefs From Writing Country Songs • The Law of Loan Sharks • Legal Malpractice Update • Cybersecurity Insurance • C-Suite Investigations: An Experience To (or Not To) Forget
Session 1: Life and the Law: Ethical Issues Facing the Young Lawyer - Explore the potholes and sharp curves that await the beginning trial lawyer on the road to a successful litigation practice, through the characters and plot of a recently published novel about a young personal injury lawyer practicing in Houston.
Session 2: Nuts and Bolts Ethics for the Business and Transactional Lawyer - Listen to a practical discussion of current ethics topics related to business and transactional law, including conflicts issues, and attorney migration between firms.
Session 3: Ethical Issues Presented by Changing Technology - Increasingly technology is integrated into the practice of law. Examine lawyers' current ethical responsibility in relation to the use of technology and how such responsibility may change as technological advances, like artificial intelligence, become more commonplace in the practice of law.
Session 4: Ethics of Social Media - The world of social media has engulfed us all. Not only has it transformed our society, but it has worked its way into every legal field as well. Discover the ethical issues facing you as attorneys—and that of your clients—in this social media age.
Session 5: Resilience: How to Survive and Thrive in a High Stress Practice - Why do some people handle stress and rebound from failure better than others? We will discuss the skills and practices developed by the US Army to combat depression, fight off PTSD, and handle high stress engagements and jobs, … like being a lawyer.
Session 6: Lawyer Wellness - Get evidence-based strategies to help navigate the stress of our extremely demanding profession. Learn how small changes in our daily approach to the practice of law can greatly improve work-life balance. more »
THIS MONTH: Litigating in a Divided Nation: Handling Strong Political Views During Trial • Video, Table Top and Card Gaming Law • Alternative Fee Arrangements: One Model that Works • Trustee/Guardian Resignation: How to Jump Ship • Tips for Avoiding Legal Malpractice and Surviving Grievances more »
THIS MONTH: Evolving Ethics in the Application of AI • Sex, Drugs, Guns, Cars and Dementia • Trial Themes • Settlement Documents: Lessons to Learn • The Company in Crisis: Talking to Investors, Regulators and the Media • Chapter 11 Cases Driven by Sexual Abuse Tort Claims more »
Best practices for establishing and maintaining a healthy relationship between in-house and outside counsel, including effective communications, working with business leaders and inventors, establishing working procedures, activities beyond the business relationship, creating unique service offerings, and relevant ethical issues. more »
Session 1: Year in Review: Federal Circuit and SCOTUS Update - A whirlwind summary of the most important developments in Supreme Court and Federal Circuit case law over the last year.
Session 2: Recent Developments in Claims Construction - The baseline of patent application preparation/prosecution, district court trials, Federal Circuit appeals, and AIA post-grant review proceedings, is claim construction. Review of important 2018/2019 claim construction cases and issues at the Federal Circuit and trial court levels, as well as at the PTAB. And examine the PTAB’s procedural and substantive claim construction “rules, practices, and etc.," including the PTAB’s adoption of Phillips construction under all circumstances, and rule and practice changes to mandate PTAB consideration of claim constructions from other proceedings.
Session 3: Judicial Panel - Hear distinguished judges from the District Courts discuss their experiences hearing and trying patent more »