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Intellectual Property

New Technology

Recorded on: Nov. 12, 2012

PETER BROWN: Hello, everyone. I hope you had a brisk walk outside. It's still pretty cold out there. It's early winter weather in New York. This afternoon, we're going to hit some of the meat of the topics. And also fortunately, none of these programs have been modified because our speakers had difficulty attending. So we're going to be covering big data, cloud computing, and computer hacking, three very important topics. And really, I think, some ...

Recorded on: Jan. 9, 2012

RICHARD RAYSMAN: --she has a problem, as well. So we have three segments of the program today. And the first segment is going to be the causes of license disputes. So Chris is speaking. We actually have another speaker on her way, and I'll introduce her when she gets here. But the first segment is going to be from Chris Palestro, and I will let him take the podium. CHRISTOPHER PALESTRO: So good morning, and thank you for joining the discussion today. ...

Recorded on: Nov. 14, 2012

REED FREEMAN: We are ready to move on to class action risk. This is a one hour presentation that will be followed by the most productive part of the day, which will be lunch. I'm delighted again this year to be joined by my partner and friend, Dave McDowell of Morrison Foerster. Dave is a member and a former co-chair of Morrison Foerster's Consumer Litigation and Class Action practice group. He's defended about a million putative class action claims ...

Recorded on: Nov. 12, 2012

LORI LESSER: That's a good reason to shop online. No one knows what aisle you're in. One or the other they're going to get the information from you it seems. So our next two speakers we have Rachel Beth Evans. Rachel joined Accenture in 2003 and is currently Accenture's Director of Legal Services, IT Offerings, and Alliances Legal Counsel. She's been an in-house technology lawyer for 18 years. Rachel grew up in Chicago and now lives in San Francisco ...

Recorded on: May. 23, 2012

FRANCOISE GILBERT: OK. So we're back for our cloud computing panel. And I'm delighted to you have with us a really companies who are in entrenched in the cloud business. So I'm going to play the client and they're going to play the cloud providers. So on the very end we have Felix Sterling from Trend Micro. In the middle Lindsey Finch from Salesforce.com. And closest to me is Geff Brown from a Microsoft. So as I was saying you know these companies, ...

Recorded on: Jun. 12, 2012

JANINE BOWEN: Before I begin I will start by introducing my co-presenter, Rachel Evans. Rachel joined Accenture in 2003, and is currently director of legal services, IT offerings, and alliances legal counsel. Her areas of focus include complex IT transactions, cloud computing, open source software, and Software as a Service. Rachel has been an in-house technology lawyer for 18 years, working at IBM and with Siebel Systems prior to joining Accenture. ...

Recorded on: Apr. 4, 2012

PETER BROWN: All right. Welcome back. We are now going to go into sort of my favorite topic, my scariest topic, the one where I know all the questions and none of the answers. And where frankly, even our expert panel will tell you that there are some answers, but not a perfect answer. In the world of computer hacking. This is a topic of enormous concern to everyone from the smallest company and corporation to government entities, and particularly ...

Recorded on: Apr. 4, 2012

MARC ROTH: OK. Is that good? All right. I want to thank everyone for returning to the room for the second session of our program. I'm very excited about the next program. It's actually one of the topics that gave rise to the agenda for this year's program, 2012 Information Technology, having to do with contracting issues for technology in the modern era. There's a lot of information that needs to be considered when contacting for these types of technologies. ...

Recorded on: Jun. 12, 2012

TANYA L. FORSHEIT: Hi everybody. We're going to get started again. We are going to stick right to the schedule. Our next panel-- and this one's going to be a little different in structure, so I'll give you a heads up about that-- but our next panel is going to be on contract issues. We're going to get down into the nitty-gritty of how these various issues play out in the negotiation process. And this will kind of be a two-part situation, because we're ...

Recorded on: Mar. 29, 2012

KATHLEEN E. MCCARTHY: Everybody ready for the afternoon? I'm happy to introduce Kate Spelman, who's going to lead us through the copyright enforcement segment. Kate is a member of Cobalt LLP in California. Berkeley, right? KATHERINE C. SPELMAN: Correct. KATHLEEN E. MCCARTHY: There you go. And is listed in one of the Best Lawyers in America, and just really knows her stuff on copyright. So, Kate? KATHERINE C. SPELMAN: Thank you. It is truly an honor ...

Recorded on: May. 3, 2012

RICHARD DANNAY: And now Nancy, copyright preemption. Do you want to go up here? You could sit there if you want, yeah, either way. NANCY J. MERTZEL: All right, I'll sit there. RICHARD DANNAY: Thank you very much. NANCY J. MERTZEL: Make sure you stay awake for this one. It will keep me focused. RICHARD DANNAY: OK. NANCY J. MERTZEL: Good afternoon. My name is Nancy Mertzel. My topic is preemption. And for some of us, at least for me, my first exposure ...

Recorded on: Apr. 13, 2012

JOSE A. ESTEVES: All right, folks. We're going to get started with the afternoon program. So for the next hour, we're going to be talking about current developments in the IP monetization marketplace. And the goal of this hour is to bring together a lot of what we've learned through the day so far and tie it into the current state of the marketplace for the different types of monetization techniques. And the way that we've structured it is that Clarke ...

Recorded on: Apr. 4, 2012

PETER BROWN: All right, students, let's get back together again. I hope you all had a good lunch. And for those at home I hope by now you're out of your pajamas, got a shower, and have also enjoyed a good lunch. We had a very lively set of programs this morning, a lot of very useful information. We hope to continue that this afternoon. As lawyers we can't avoid litigation. We're trying not to talk too much about it today. But litigation is part of ...

Recorded on: May. 3, 2012

ROBERT BERNSTEIN: And now my second speaker, Stanley Pierre-Louis is here. Let me introduce him. He is the Vice President and Associate General Counsel, Intellectual Property and Content Protection at Viacom. He's responsible for developing strategies to protect digital content, managing major intellectual property litigation, and leading other IP-related legal initiatives for Viacom and its various brands, which include-- as I'm sure you all know-- ...

Recorded on: Sep. 20, 2012

C. TUNA: So our first session is on distributing digital content through smartphone apps, managing risk and rewards. I'm not going to read the bios, the full bios, because you have them in your materials. FRANKLIN FINK: What's that? MARY NEWCOMER WILLIAMS: [INAUDIBLE] Think. But there's one called Think New. I think it should be the new. FRANKLIN FINK: Oh, I think we got the wrong one up. It's Think New because we added a slide. C. TUNA: Who's ...

Recorded on: Apr. 4, 2012

SPEAKER 1: --a lot more knowledge. Let me now introduce our first two speakers, who will be talking about the transformational force of ebooks on the publishing industry. The first of the two speakers is Suzanne Bell, who is a partner at the Wilson Sonsini firm here in the Valley, who is involved with technology transactional matters. She does a wide variety of technology and IP transactions involving complex strategic alliances, outsourcing for ...

Recorded on: Nov. 14, 2012

REED FREEMAN: All right. I think we're ready to get started again. That all right? All right. Well, welcome back from lunch, and nothing is a better post-lunch topic of discussion than European privacy law. This is a test. If you can remain attentive through this, we'll all be very impressed. We are fortunate and really, actually, quite fortunate to have two of the world's experts on privacy law and the European Union and in Canada as it relates ...

Recorded on: May. 3, 2012

LORI E. LESSER: So I timed my presentation to include audience participation on the hypotheticals. So if you want to make sure you get your CLA credit, I'm afraid everyone's going to have to speak up. I'm the first speaker, so I know your breakfast caffeine is probably still good. So hopefully-- So fair use. What is the basic philosophy behind fair use? It has been called "the most troublesome doctrine in the whole law of copyright." And ...

Recorded on: Jan. 9, 2012

RICHARD RAYSMAN: My panel, the first panel, was the causes of license disputes. So the next panel is the next step, the fault lines in licensing agreements. Really, if it starts to fall apart what kinds of actions, what are the issues involved with that? The two speakers today on our next panel are Aaron Rubin. Aaron is counsel in the San Francisco office of Morrison and Foerster and a member of the firm's Technology Transactions Group. His practice ...

Recorded on: Oct. 18, 2012

DANIEL OFFNER: Welcome to our two late afternoon sessions. Thank you all for attending, those of you who are physically attending, and those of you are attending virtually over the Web. And I'm impressed that you've made it into the afternoon session. We hope that we can provide some excitement, and fun, and diversity of prospective, and a little bit of lawyer business, reality, and clashing, as we kind of what wend our way through these two topics ...

Recorded on: Jan. 9, 2012

GRANT KIM: That [? GN ?] is kind of tricky. RICHARD RAYSMAN: OK. Well, welcome back after our short break. And this is our final session in this program. And the session is on formal dispute resolution. What happens if any of these negotiations don't work trying to get a resolution and a licensing dispute goes to either suit or arbitration. We have two speakers. One of the speakers is Grant Kim, who's counsel to Morrison & Foerster. Grant has ...

Recorded on: Nov. 28, 2012

JEFFREY P. CUNARD: Welcome back to the last panel of the first day. And now for something really special and different. So for those of you who were here this morning, you heard me talk about how we've been doing this for first 35 years with Jim Goodale, and then for the next five years with Lee Bruce and myself. But what we've never done before, as we move into the 21st century, is have a panel on social media. So we thought we would try that this ...

Recorded on: Nov. 12, 2012

PETER BROWN: One of the issues that is on top of every client's mind and every in-house counsel's mind is security and hacking. We have a distinguished pair of speakers on that area. And this is a reprise of a terrific program, which occurred last year. Our first speaker, David Opderbeck is the Professor of Law and Director of the Gibbons Institute of Law, Science and Technology at Seton University School of Law. He's a proud graduate of Seton Hall. ...

Recorded on: Mar. 12, 2012

DAVID H. BERNSTEIN: OK, welcome back, everybody. I hope you had a good lunch break. We are now going to pick up on a topic that we talked a little bit about this morning with Judge Koeltl and the NAD and FTC panel, which is surveys. Surveys are critically important in [UNINTELLIGIBLE] litigation. In court, they're really required. As you heard from Judge Koeltl, in the absence of a survey, he wasn't even going to consider what claims might be implied. ...

Recorded on: Feb. 23, 2012

DR. LOTHAR DETERMANN: Now we are turning to a topic that has been added to the agenda, and that is we'll be speaking and go into more depth on some of the things that have been discussed in general before, particularly regarding data as an asset and social media and online assets. Next to me is not Daniel Brannon. UTE KRUDEWAGEN: Sorry. DR. LOTHAR DETERMANN: It's my partner, Ute Krudewagen. Daniel wasn't able to attend. He sends his regrets. But ...