eCourses are individual online courses from renowned presenters at our live conferences. Learn via audio or video, receive the supporting materials, and fulfill MCLE requirements at your convenience with the best content available!
These courses are CLE accredited in Texas and California, with some accredited in Oklahoma.
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Intellectual Property / Patent Law
THIS MONTH: Gone to Texas: Migration Vital to Growth in the Lone Star State • #NoTweetingAfterMidnight: Ethical Risks in Social Media Use • Should You Take that Non-Hourly Case? • Six (or More) Techniques for Readable, Persuasive Sentences • Eight Things that Matter in a Lease • The Impact of Corporate Structure Change on Intellectual Property more »
Session 1: Advanced IPR Tactics/Impact of Oil States - Panelists discuss institution and trial post-SAS Institute, discretionary denials under 314(a), 325(d), significant developments regarding privies and real parties-in-interest, and a host of additional developments at the PTAB and Federal Circuit that suggest a rebalancing toward patent owners.
Session 2: Crafting Patents to Survive IPR Attack - Tips for drafting durable patent applications and navigating carefully though examination to bolster patents and forestall their early demise. more »
A discussion of how blockchains work, how blockchains can form a platform for the operation of smart contracts and distributed applications (dApps), and potential legal issues raised by such platforms. more »
Many believe the USPTO is issuing too many invalid patents that are unnecessarily reducing consumer welfare, stunting productive research, and discouraging innovation. To date, patent policy reforms to increase patent quality at the USPTO have been overly reliant on anecdotes and hunches. Review new empirical studies of the administrative process for granting patents which propose three changes to the patent system that would reduce the issuance of patents of questionable validity. more »
Listen to a discussion about different approaches to gain insight into examiners, supervisors, and art units beyond the face of the office action, to more efficiently and effectively prosecute applications. Hear thoughts on the analysis of search strategies used by the examiner, the effective use of analytics about the examiner and art unit, and how to leverage interviews and particularly the FAIPP interview program towards these ends. more »
Session 1: No Candy for You: Tricky Ethics Issues for IP Lawyers - The ethics rules of the USPTO present challenging dilemmas for even the most experienced patent and trademark practitioners. Find out where the ethical dangers lurk and how you can avoid becoming a cautionary tale.
Session 2: Practicing IP Law Ethically in the Cloud: From the Mundane to the Ethics of AI - Learn how to practice competently and ethically, including maintaining client confidentiality, avoiding conflicts of interest, and safely using social media. In addition, examine the questions that lawyers should ask before using computer-augmented legal services, such as automated contract review, legal research, and patent application drafting services. more »
Session 1: Divided Infringement - Examine recent interpretations of the Akamai test and the impact on divided infringement cases.
Session 2: Defending Against Willful Infringement in a Post-Halo World - With the changes resulting from the Supreme Court’s Halo opinion, there is additional importance placed on accused infringers in building a record that supports reasonableness of their decision to continue their accused operations. This often includes advice of competent counsel used to bolster the claim that they were not acting with subjective bad faith. Those using advice of counsel in defense of willfulness must be mindful of the scope of potential privilege waiver, and proactively take steps aimed at avoiding privilege waiver from extending to communications with trial counsel.
Session 3: Extraterritoriality: When Acts Overseas Create Liability under U.S. Patent Law - Despite language in 35 U.S.C. 271 limiting infringement liability for acts “within the United States”, depending upon the type of infringement and/or type of claim, liability can arise based mainly or completely on acts outside of the United States. Examine the meaning of “within the United States” and when liability arises for acts outside of the U.S. more »
Evolving damages case law requires practitioners to consider recent decisions in formulating their damages claim or defense. Hear a discussion of recent case law and its impact on damage theories and the legal strategies. Explore strategies for apportionment, lost profits determinations, and non-infringing alternatives. more »
A review of the trends, recent cases, and developments in the courts and at the USPTO regarding section 101 as Alice turns five. Gain practical advice for avoiding and overcoming assertions of invalidity under section 101, as well as for making and winning assertions of invalidity under 101. more »
Session 1: 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 driver of patent application preparation/prosecution, district court trials, Federal Circuit appeals, and AIA post-grant review proceedings, remains—claim construction. Review 2017-2018 claim construction cases and issues at the Federal Circuit and trial court levels. And examine the PTAB’s procedural and substantive claim construction “rules, practices and etc.," including the PTAB proposal to drop BRI and adopt Phillipsconstruction under all circumstances, and possible rule and practice changes to mandate PTAB consideration of claim constructions from other proceedings.
Session 3: Changes to Venue Rules and the Rise of Multi-District Litigation - The U.S. Supreme Court’s ruling in TC Heartland has changed the landscape for patent venue. Explore what constitutes a company’s “regular and established place of business” and the possible impact of this recent case.
Session 4: Judicial Panel - Hear distinguished judges from the District Court discuss their experiences hearing and trying patent cases. more »
Examine in the new "reality" of global patent enforcement and monetization, as well as practical guidance on how to navigate these new realities and possible strategies to adapt to the new landscape. more »
THIS MONTH: Startups - Deal Killers and Near-Death Experiences • First Judges in Texas • Misbehavior in the C-Suite • Website Accessibility Lawsuits • Virtual Law Firms: Is It an Option for You? • Everyday Strategies for Avoiding Professional Misconduct more »
Session 1: Insurance Litigation Post-Harvey - Review the most hotly contested issues in first party insurance claims and litigation arising out of the recent hurricane, including flood versus wind, special rules for TWIA claims, and the new "natural causes" amendments to the Texas Insurance Code.
Session 2: UCC Security Interests in Real Estate Financings - Address the creation and perfection of UCC security interests in real estate financing transactions.
Session 3: Cybersecurity Insurance - Examine key insurance provisions and hear thoughts on evolving exposures impacting privacy and cyber insurance. more »
Session 1: GDPR is Effective Today! - May 25, 2018 is the effective date for the European Union’s General Data Protection Regulation, the world’s most comprehensive privacy law. On this day for which so many have prepared, we will share in-house and outside counsel perspectives on what the GDPR means for international companies that do business in the EU, which aspects of compliance efforts have been most challenging, and what lies ahead in maintaining GDPR “accountability” and in connection with the forthcoming, related ePrivacy Regulation.
Session 2: Do You Know Where Your Data is?: Data Sharing and the State of the Law - Modern companies are awash in data. Employees generate it and are usually looking for the most efficient way to share it internally and externally. Review the myriad of problems that can occur even with the most well-meaning of employees. From the possible export control risks of emailing technical information to an overseas colleague, to using Dropbox and other file sharing sites to exchange information, to providing data to contract employees, and more, explore the state of the law as it relates to data and what can happen if you lose control of it.
Session 3: Data Breaches, Big Data, and FTC Oversight - Learn how and why the FTC polices data breaches and the collection and exploitation of big data.
Session 4: Protecting Client Information-Cyber Protection Duties as an Attorney - Explore the ethical and legal obligations of attorneys and law firms to protect client data and communications from the latest cybersecurity threats.
Session 5: Ethics and Professionalism in a Global Environment - Ethics and professionalism are being influenced by many factors in today’s global environment. Consider some of these factors, along with areas of commonality amongst the legal ethics rules from a sampling of jurisdictions.
Session 6: Law Firm Data Security and the Ethical Duty of Technology Competence - As clients demand attorneys deliver legal services more efficiently by using technology it increases pressure to have technical knowledge and proficiency. Further, the American Bar Association and 28 states have created a model rule for the ethical duty of technology competence. Hear an overview of the significant material risks and impact on a law firm following a breach and the potential consequences from an ethics and disciplinary perspective. more »
THIS MONTH: Social Media: Employee Ideology vs. Company Values • To C or not to C? Entity Selection in the New Tax Age • Form Contracts that Don't Mean What They Say • Dealing with Bad Facts • A Checklist for Commercial Loans • Ethical Issues and Self Care in Immigration Law more »
Session 1: Technology’s Disruption of the Legal Profession - Explore various technologies and emerging platforms that continue to influence the legal industry, including key considerations in implementing these technologies and related ethical concerns.
Session 2: Cyber Ethics: Ensuring Compliance with Evolving Technology - Lawyers today find that keeping client information safe is more challenging when using today’s technology tools. You don’t have to have a degree in computer science to understand how to avoid ethical missteps related to technology. Lawyer-friendly information on cyber ethics is provided.
Session 3: Artificial Intelligence and its Effect on the Legal Industry - AI is getting a lot of attention, creating fears and in many cases unrealistic expectations. Explore the reality of AI, how it practically can impact legal work flows, and how it can be a positive force that enables lawyers to do their jobs faster, cheaper and better for their clients.
Session 4: Data Analytics: The Answer to Your Law Firm's Innovation Effort - Learn how to easily kick-start your firm’s innovation efforts, close the gender pay gap (for you and your clients), and use data to reduce bias, improve inclusion as part of a diversity and inclusion initiative, and simultaneously use proven scientific methods to improve bottom-line profitability!
Session 5: Avoiding Ethical Issues with Lawyers' Use of Social Media - The world of social media presents a multitude of pitfalls for practitioners and judges alike. Hear from pioneers in the field on how to make the most of social media's advantages without running afoul of applicable disciplinary rules. Listen to a discussion about cutting edge issues not yet addressed under Texas law and proposed disciplinary rules currently under consideration by the Texas Supreme Court.
Session 6: 30 Apps in 30 Minutes - A quick survey of useful apps and tech tips for lawyers, trust officers, and caregivers.
Session 7: Law Firm Data Security and the Ethical Duty of Technology Competence - As clients demand attorneys deliver legal services more efficiently by using technology it increases pressure to have technical knowledge and proficiency. Further, the American Bar Association and 28 states have created a model rule for the ethical duty of technology competence. Hear an overview of the significant material risks and impact on a law firm following a breach and the potential consequences from an ethics and disciplinary perspective. more »
Session 1: Artificial Intelligence and its Effect on the Legal Industry - AI is getting a lot of attention, creating fears and in many cases unrealistic expectations. Explore the reality of AI, how it practically can impact legal work flows, and how it can be a positive force that enables lawyers to do their jobs faster, cheaper and better for their clients.
Session 2: Strategic Use of E-Discovery - Fewer than one out of a hundred cases are tried. Accordingly, discovery strategy is often more vital than trial strategy. Yet, strategic use of e-discovery garners little attention, perhaps because the fundamentals demand so much focus that there is little room for flourishes. If you only know one way of doing things, how do you act strategically? Review methods to deploy e-discovery strategically, mindful of our opponent’s fears, goals, and pain points … as well as our own.
Session 3: The Business of Social Media - How are social media assets created and transferred? How are “visits” and “hits” measured and valued? Investigate the business of social media with profiles of prominent social media companies and get insight into many of the products in the social commerce space that help companies collect and make use of consumer-generated content.
Session 4: Hearsay in a Digital World - Review important hearsay issues, with an emphasis on hearsay appearing in social media, texts, and other new media.
Session 5: Getting from Internet to Evidence - Social media can be a goldmine in certain cases, if you can discover relevant data and get it into evidence. Learn ethical methods of eDiscovery related to social media, the nuts and bolts of admitting social media data into evidence, and strategies for using that evidence on both liability and damages claims.
Session 6: Social Media and Homeowners Insurance: Are Your Facebook Posts Covered? - Litigation stemming from social media activities has exploded in recent years. While the defendants in these cases often look to their homeowners insurance for protection, the typical policy gives insurers multiple ways out.
Session 7: Data Security Breach Litigation - Review what a litigator needs in order to prepare a client for litigation or an investigation by regulators after a data security breach. Takeaways include protocol for preserving the attorney client privilege and evidence before, during and after a breach; cybersecurity liability insurance litigation updates; and creating proof points, including a discussion of cybersecurity best practices and "cybersecurity basics," to effectively minimize damages, fines and penalties.
Session 8: Law Firm Data Security and the Ethical Duty of Technology Competence - As clients demand attorneys deliver legal services more efficiently by using technology it increases pressure to have technical knowledge and proficiency. Further, the American Bar Association and 28 states have created a model rule for the ethical duty of technology competence. Hear an overview of the significant material risks and impact on a law firm following a breach and the potential consequences from an ethics and disciplinary perspective. more »