eCourses

Session 1: Workplace Safety and Violence Prevention: A Changing Reality, Both Operationally and Legally - Listen to a discussion about two public health systems’ efforts to fight the rise in workplace violence, address challenging patient behaviors, and create a safe workplace for nurses and other healthcare workers. Session 2: The Good, The Bad, and The Ugly of Cybersecurity - Cybersecurity continues to presents itself as a significant obstacle for the health care industry, both in terms of compliance and operational aspects. To combat this constantly evolving threat, it is imperative to establish a robust cybersecurity program that encompasses prevention, detection, and mitigation strategies. Delve into the legal considerations and optimal approaches for implementing internal controls and best practices, thereby safeguarding your organization against potential data breaches. Session 3: Research on Legal Writing - Gain information about empirical research on legal writing techniques. Research supports plainer writing, reduced use of intensifiers, reduced use of “emotional” words, and use of narrative. Research also supports “connectives” (transitions), priming, and the value of resources, i.e. money.

Includes: Video Audio Paper Slides

This presentation addresses the benefits, risks, and professional responsibility considerations of using AI in the practice of law.

Includes: Video Audio Slides

It’s been 10 years since Alice was decided. Hear a discussion on recent cases and trends in the courts and the USPTO involving Section 101, as well as some of the highlights (or lowlights) in the 10 years since Alice. In addition, tips for litigation and prosecution are provided.

Includes: Video Audio Slides

References to analogous arts doctrine in USPTO Board opinions apparently spiked upwards following the Supreme Court’s decision in KSR International Co. v. Teleflex Inc., 550 U.S. 398 (2007). This presentation discusses the state of analogous arts doctrine in the wake of KSR and its significance for patent law practice.

Includes: Video Audio Slides

The AIA affords the USPTO Director significant discretion not to institute trial even where an IPR or PGR petition satisfies statutory standards for institution. Director guidance and the Board’s multifactor tests for the exercise of discretion have evolved significantly, and formal regulations have now been proposed. A panel of current and former ALJs discusses this critical hurdle for petitioners and the opportunity for patent owners.

Includes: Video Audio No Materials

This presentation addresses the ethical issues that can be addressed in engagement letters and related documents, including clarifying client identity, ending of a representation, and related matters. It will include suggested best practices and language that courts have found effective to avoid various problems.

Includes: Video Audio Slides

Not long ago, a US patent attorney could effectively represent clients despite blissful ignorance of foreign patent law. That is changing, quickly. The speakers discuss the increasing internationalization of patent law, evidenced by developments such as the European Unified Patent Court, US case law awarding damages for foreign infringement of US patents, and international litigation and regulation in the area of standard essential patents.

Includes: Video Audio Slides

THIS MONTH: Storytelling and Themes • Gen AI Regulation and Legislation – Federal, State, and Global • Trademarks and Intellectual Property: What Does the General Business Lawyer Need to Know? • Handbooks/Employment Policies • Introduction: Avoiding Burnout

Includes: Video Audio Paper Slides

In addition to state bar rules, patent and trademark attorneys are also subject to the rules of conduct set out by the USPTO's Office of Enrollment and Discipline (OED). The speaker discusses the relevant ethical rules under the Code of Federal Regulations, as well as case studies from practitioners disciplined by the OED in 2023.

Includes: Video Audio Slides

Complaints seeking temporary restraining orders against groups of unidentified infringers have become increasingly popular. They are particularly well suited for large-scale infringement of design patents and trademarks on e-commerce platforms.

Includes: Video Audio Slides

Learn about pre-filing investigations and their post-filing implications. Discussion includes meeting Rule 11 and patent pleading obligations, maintaining attorney-client privilege and work product, and zealously representing your client.

Includes: Video Audio Slides

A whirlwind tour of the year in patent law at the Federal Circuit.

Includes: Video Audio Paper

The world of litigation funding is becoming more established and complex. The panel discusses some of the latest developments in how courts have addressed disclosure and privilege issues, the impact of funding on litigation strategy, the cross-collateralization of patent portfolios, and how newly developing arenas of contingent risk insurance and other capital solutions are impacting the litigation funding world.

Includes: Video Audio Slides

The panel features three in-house IP counsel sharing their perspectives on a variety of topics including: recent challenging IP issues they’ve confronted, addressing how they’re navigating or benefitting from use of AI, and describing what a successful outside counsel relationship looks like to them.

Includes: Video Audio Slides

The foundation of patent application preparation/prosecution, district court trials, Federal Circuit appeals, and AIA post-grant review proceedings, is claim construction. Review the important 2023-2024 claim construction cases and issues at the Federal Circuit and trial court levels, as well as at the PTAB. Examine the PTAB’s procedural and substantive claim construction “rules, practices, and etc." Discuss adherence to the APA by the PTAB under various circumstances. And, discuss the claim construction interface between an IPR and a parallel district court proceeding.

Includes: Video Audio Slides

Both the courts and the USPTO are under pressure to address perceived problems with non-statutory obviousness-type double patenting rejections and terminal disclaimer practice. Let’s navigate the shifting sands of patent practice in view of the Federal Circuit’s wave-making obviousness-type double patenting decision last summer in In re: Cellect, LLC and the USPTO’s recent tsunami of a proposed rule that would upend current terminal disclaimer practice in response to obviousness-type double patenting rejections.

Includes: Video Audio Slides

Need ethics credit? We’ve got you covered! UT Law CLE’s First Friday Ethics streams live every first Friday of the month, and features some of our best ethics speakers and presentations for a total of 3.00 hrs ethics credit. Fulfill your entire annual ethics requirement in Texas in one day!   This month includes: (0.75 hr | 0.75 hr ethics) Mum's the Word: Maintaining Client Confidentiality and Dealing with Ethical Challenges while Working from Anywhere and Everywhere (Replay) Working remotely and virtual meetings are here to stay. This presentation provides practical suggestions for structuring engagement letters, addressing conflicts of interest, and safeguarding client communications across all mediums. Braxton Wilks, Winstead PC - Austin, TX   (0.75 hr | 0.75 hr ethics) Serving Two Masters (Replay) Discuss conflicts that arise between “clients,” the tripartite relationship, Tilley and its aftermath, the ethical dilemmas lawyers face, and knowing who you really represent. Gayla Corley, MehaffyWeber, P.C. - San Antonio, TX   (1.00 hr | 1.00 hr ethics) Generative AI: Developments and Ethical Implications (Replay) Harnessing the power of AI to drive new ways of doing business and increasing growth is something all organizations are trying to do. The use of generative AI creates risks to organizations including violation of privacy, inaccurate or false representations, and unethical practices, to name a few. Implementing the right controls and ethics training alongside generative AI is necessary – so where do you start? Brooke A. Hopkins, Alvarez & Marsal - Dallas, TX Emily R. Apte, King & Spalding - Austin, TX Robert Denby, Vinson & Elkins LLP - Houston, TX Daniel Meyers, TransPerfect Legal - Dallas, TX Matt Wernz, Federal Trade Commission - Dallas, TX (0.50 hr | 0.50 hr ethics) Sanctions and Privileges (Replay) Sanctions: How to get them or avoid them. Privileges: How to keep them or lose them. Hon. H. DeWayne "Cooter" Hale, Retired U.S. Bankruptcy Judge - Dallas, TX Trip Nix, Holland & Knight LLP - Austin, TX

Includes: Video Audio Paper Slides

Session 01: Beyond IT Security: Legal and Cyber Security Considerations in the OT World - Industrial Control Systems and Operational Technology have unique challenges and risks. Explore some of those risks from service disruption and data disclosure, as well as the legal and technical considerations and mitigations and some of the risk implications of emerging AI technology. Session 02: Navigating the Cybersecurity Landscape: Best Practices for Governance - A robust discussion and insights from the field on effective cybersecurity governance, including regulatory requirements, key elements of a governance program, and best practices and risk mitigation strategies. 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: 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 05: 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 06: 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 07: Developing an AI Governance Program - Practical guidance and considerations in developing and implementing governance around the internal use of AI.

Includes: Video Audio Paper Slides No Materials

Session 01: Finaceability of Documents - Explore financeability requirements for documents in commercial real estate financing. Session 02: What Is Negotiable in Loan Documents - Discuss issues, motivations and explanations of the loan document provisions that are typically negotiated in a commercial real estate lending transaction. Session 03: Loan Modifications  Session 04: Contesting Property Tax Appraisals - The Property Tax Protest and Appeal process can be confusing. With fifteen-minutes as the average length for an Appraisal Review Board hearing, review strategies for what to do and not do before your values are set in the Summer, and tax statements arrive in the Fall. Session 05: Arrows in the Quiver: Remedies for Commercial Real Estate Secured Loans - Review of potential remedies available to enforce and collect commercial real estate secured loans. What are the requirements? What are the pros and cons?     Session 06: Give a Little, Get a Little - A push and pull open discussion of the interactions of lender counsel with the borrower, guarantor and equity counsels. Session 07: Title Insurance: Common Title Issues and Fixes - Hear a title insurance update including common title issues that arise in a transaction and how to clean up a title after a project as gone wrong. Session 08: Intercreditor Agreements: Avoiding Lender on Lender Violence in the Closing Process - An examination of intercreditor agreements from the perspective of each of the borrower, the senior lender and the mezzanine lender.  Session 09: Escrow Agreements - A review of the various uses, types of Escrow Agreements, Escrow Agent options, regulatory and drafting concerns and forms availability. Session 10: Follow the Money - How to Avoid Mortgage Fraud - The real estate and mortgage industry has seen an increase in fraud in the wake of the Pandemic. Learn to spot the red flags for avoiding mortgage fraud by getting to know your customers and going beyond the paperwork.

Includes: Video Audio Paper Slides

Provide an update on the current status of the new asylum regulations, litigation, and tips for asserting eligibility for asylum despite recent restrictions, and highlight recent BIA and Fifth Circuit decisions in asylum, WOR and CAT cases.

Includes: Video Audio Paper Slides