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102(e) now and forever (i.e., new 102 (d)): Effects of Priority Under 119, 120, 121, 356

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Recorded on: Jul. 24, 2012

JOHN WHITE: Good afternoon. It's 3:45, and now we begin our push towards 5 o'clock and the end of our program. And so I will be delivering that part of our talk. But before I begin, I'll introduce myself, because that's what I do, you see, as moderator. So I'm standing in today for Bob Spar. Bob Spar did the slides that we're going to look at. He was the former director at the PTO in charge of the Office of Patent Legal Administration. And Bob knows ...

Prior Art, Obviousness, and the America Invents Act in 2012

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From the program: Prior Art, Obviousness, and the America Invents Act in 2012

Released on: Aug. 6, 2012

Patent reform has arrived: what will be its impact on those touchstones of patentability, prior art and obviousness?  102 was already a complicated concept for patent practitioners, having undergone evolving interpretations in the PTO and CAFC.  How will the AIA now complicate matters further?  How does the concept of “prior art” and circumstance collide in the 21st century? How does prior art on the web impact the practice? ...

10b5-1 Trading Plans and Insider Trading Under the Spotlight: Key Issues Companies and Executives Must Consider 2013 (Audio-only)

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Released on: Feb. 7, 2013

Taken from the briefing 10b5-1 Trading Plans and Insider Trading Under the Spotlight: Key Issues Companies and Executives Must Consider recorded January, 2013. A recent front page article in the Wall Street Journal entitled “Executives’ Good Luck in Trading Own Stock” reported that, based on the review of thousands of trades by corporate insiders, many executives appear to have done suspiciously well buying and selling their companies’ ...

10b5-1 Trading Plans and Insider Trading Under the Spotlight: Key Issues Companies and Executives Must Consider 2013 (Audio-only)

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Recorded on: Feb. 7, 2013

AMY: It is now my pleasure to turn this briefing over to John Tuttle. JONATHAN TUTTLE: Hello all and welcome and thanks for joining on the call today. What Matt and I are going to talk about really had its most recent origin in some newspaper articles that Matt will discuss later talking about 10b5-1 trading plans and bringing those plans kind of back to the forefront of both the enforcement and the corporate issuer context. I think what we're going ...

2011 Practice Highlights: A. Purchase Money Security Interest (PMSI) and Consignment Transactions; B. Default and Enforcement; C. Bankruptcy

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Recorded on: Jan. 20, 2011

SPEAKER 1: OK, welcome back from your break. On our next topic, we're going to cover Purchase Money Security Interest and Consignments. And for this presentation, I'm proud to introduce Ken Karl from Sheppard Mullin in Los Angeles and I thank him for flying out here. And as you may remember this morning, I introduced one of the speakers and told you that he'd given me my first job out of law school. Well, Ken has done something slightly even more ...

35 USC 103 and the CAFC

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Recorded on: Jul. 24, 2012

JOHN M. WHITE: Ben, we will now make a seamless transition to 103, and this is obviousness in the context of, for the most part, the CAFC dealing with district court decisions. And what becomes of those decisions and I'll let Rebecca take it from there. And she'll run us through to the next break, which is 3:30. REBECCA GOLDMAN RUDICH: OK. Everybody awake? JOHN M. WHITE: Yep! REBECCA GOLDMAN RUDICH: OK because I'm going to give you the spelling ...

401(k) Plan Fundamentals, Title IV Defined Benefit Plans, and Employer Securities in Qualified Plans

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Recorded on: Aug. 8, 2012

ANDREW ORINGER: Welcome back, everybody to the second half of day one. We've done some of the technical underpinnings of tax qualified plans in the morning. We've done an overview and some specific technical rules. We're not going to go to specific kinds of plans. We're going to talk about things like 401(k) plans, defined benefit plans, and plans that invest in stocks. We're going to start with 401(k) plans. I really do think it's safe to say at ...

ERISA: The Evolving World 2012

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From the program: ERISA: The Evolving World 2012

Released on: Aug. 21, 2012

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Kiobel v. Royal Dutch Petroleum Co.: Supreme Court Sets New Limits on Extraterritorial Human Rights Suits 2013 (Audio-only)

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Released on: May. 22, 2013

Taken from the briefing Kiobel v. Royal Dutch Petroleum Co.: Supreme Court Sets New Limits on Extraterritorial Human Rights Suits recorded May, 2013.On April 17, 2013, the Supreme Court held in Kiobel v. Royal Dutch Petroleum Co. that the Alien Tort Statute (ATS), which allows suits in federal courts for violations of international law (including international human rights law), is subject to the presumption against extraterritoriality. Chief Justice ...

Kirtsaeng v. John Wiley & Sons, Inc.: First Sale Doctrine Applies to Goods Made Abroad and Imported Without the Permission of the Copyright Holder 2013 (Audio-only)

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Released on: Apr. 25, 2013

Taken from the briefing Kirtsaeng v. John Wiley & Sons, Inc.: First Sale Doctrine Applies to Goods Made Abroad and Imported Without the Permission of the Copyright Holder recorded April, 2013.On March 19, 2013, the United States Supreme Court in Supap Kirtsaeng v. John Wiley & Sons, Inc. reversed the Second Circuit Court of Appeals and held (6-3) that the first sale doctrine set forth in 17 U.S.C. § 109(a) of the Copyright Act applies to goods ...

Sierra Club v. EPA: Clean Air Act Permitting Becomes Even More Complicated and Onerous 2013

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Released on: May. 21, 2013

Taken from the briefing Sierra Club v. EPA: Clean Air Act Permitting Becomes Even More Complicated and Onerous recorded May, 2013.On January 22, 2013, the court in Sierra Club v. EPA, No. 10-1413 (D.C. Cir. Jan. 22, 2013) issued a decision with far reaching implications for sources seeking a Clean Air Act permit under the Prevention of Significant Deterioration (PSD) program. The decision addressed two screening tools – Significant Impact Levels (SILs) ...

A. Applying Private Placement Techniques to Other Financings; B. Rule 144A Offerings

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Recorded on: May. 3, 2011

ANNA T. PINEDO: OK, we're going to start again with our next series of sessions, and we're going to focus on how a lot of the techniques that developed in connection with private placements have been applied to an even broader set of transactions in recent years, particularly to confidentially marketed public offerings and register directs. So with us this afternoon we have So Young Lee, and she is a director and assistant general counsel in the equity ...

A. Basic Building Blocks: Attachment, Perfection,and Priority; B. Drafting the Security Agreement

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Recorded on: Jan. 14, 2013

KENNETH CHIN: When Grace talked about the audience feedback, we really do welcome that. I just want to tell you that people last year said they appreciated some of the props I brought along for my presentation. I'm doing a slightly different one this year. But I also want to let you know that us UCC lawyers are a special breed, we actually have our own coffee. So if you want a taste of this, I'm going to pour some in my cup, but I'll leave the open ...

Secured Transactions 2013: What Lawyers Need to Know About UCC Article 9

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From the program: Secured Transactions 2013: What Lawyers Need to Know About UCC Article 9

Released on: Jan. 23, 2013

Article 9 of the Uniform Commercial Code applies to secured transactions, which are interests in specific collateral granted by the debtor in conjunction with the debtor’s promise to pay. At Secured Transactions 2013: What Lawyers Need to Know About UCC Article 9, you will learn the fundamentals of acquiring a security interest, including how to attach, to perfect (filing and non-filing methods) and to gain (and maintain) priority in the collateral ...

A. Basic Building Blocks: Attachment, Perfections, and Priority; B. Drafting the Security Agreement

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Recorded on: Jan. 20, 2011

STEVEN O. WEISE: Thanks Penny and Ken. As Penny said, feel free to ask questions as I go. Just sort of wave your arms and I'll try to see you and get back to you. In terms of materials, there's an outline starting at page 25 of the book and there was a handout, which is the traditional ubiquitous PowerPoint. Which is substantively the same and follows the same order as the outline in the book. So whatever your preferences is, you'll get the same ...

A. Common Assets/Uncommon Collateral; B. The Filing System

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Recorded on: Jan. 20, 2011

KENNETH CHIN: OK so good afternoon and welcome back from lunch. I hope you all enjoyed your lunch. This afternoon, I'm going to focus my presentation on something which I've titled Common Assets and Uncommon Collateral. As you heard this morning, you heard a lot of the technical UCC terms being thrown around and those of us who practice in the field generally understand what sort of assets fit into what sort of asset categories, but a lot of people ...

A. Common Assets/Uncommon Collateral and Special Collateral Types; B.LLC and Limited Partnership Interests as Collateral; C.The UCC and Anti-Assignment Clause Overrides

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Recorded on: Jan. 14, 2013

KENNETH CHIN: OK, welcome back. It's 1:30. And our first speaker this afternoon is Mae Rogers who is special counsel at Kramer Levin. And Mae focuses primarily on general banking and finance matters, including sales, foreclosure sales, done in accordance with the UCC. Mae has spoken at the City Bar Association as well. And without further ado, I'm going to let Mae take over. And her presentation is Common Assets, Uncommon Collateral, and Special ...

A. Communications Issues Arising in Connection with Private Offerings; B. Financings in Close Proximity to One Another

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Recorded on: May. 3, 2011

ANNA T. PINEDO: All right, well we're going to get started again. And for the 10:00 to 11:00 hour, we're going to cover two very interesting set of topics, communications in connection with private placements. And both David and Jerry on our first panel, alluded to many of the issues regarding general solicitation. And Jerry provided some insight regarding the staff's review following the exchange with the Hill concerning general solicitations. So ...

A. Default and Enforcement; B. Bankruptcy

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Recorded on: Jan. 14, 2013

KENNETH CHIN: And for our next speaker we have Ken Carl, who's a partner at Sheppard Mullin from Los Angeles. I'm so happy he's traveled all the way across the country in order to give this presentation. Ken's practice focuses on lender and borrower representation and financing transactions, loan workouts, and bankruptcies. And Ken is a classmate of mine from law school. And I'm so happy that he's here. So Ken will talk to us about default and remedies. ...

Health Care and Life Sciences Law 2012

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From the program: Health Care and Life Sciences Law 2012

Released on: Jan. 2, 2013

Our expert faculty of attorneys representing the health care and life sciences industries, government regulators, and policy makers will examine the current state of health care and life sciences law and what the future might hold. This program will cover the broad range of issues confronting you and your clients today: structuring compliant relationships with health care providers and clinical investigators; promotional guidelines affecting FDA-regulated ...

A. Introduction and Universal Issues in Drafting and Negotiating Corporate Agreements; B. Letters of Intent, Confidentiality and Standstill Agreements

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Recorded on: Jan. 3, 2013

GRACE E. O'HANLON: It's now my pleasure to introduce you to the chair of today's program, Alyssa Grikscheit. Alyssa is a partner in the New York office of Sidley Austin. She has a diverse corporate practice that currently emphasizes complex transactions and alternative investment funds. Her experience also includes private equity and hedge funds, mergers and acquisitions, strategic alliances, and restructurings. She represents domestic and foreign ...

A. Introduction and Universal Issues in Drafting and Negotiating Corporate Agreements; B. Letters of Intent, Confidentiality and Standstill Agreements

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Recorded on: Jan. 5, 2012

GRACE O'HANLON: Good morning, my name is Grace O'Hanlon. I'm a program attorney with the Practising Law Institute. It's my pleasure to welcome you to our program, Drafting and Negotiating Corporate Agreements 2012. A welcome to our groupcast and webcast attendees as well. Now, it's my pleasure to introduce you to the chair of today's program, Alyssa Grikscheit. Alyssa is a partner in the New York office of Sidley Austin. She has a diverse corporate ...

Drafting and Negotiating Corporate Agreements 2013

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From the program: Drafting and Negotiating Corporate Agreements 2013

Released on: Jan. 16, 2013

In this perennial favorite, our expert faculty will teach you the basics of drafting and negotiating corporate agreements - from how the provisions of an agreement fit together, to the fundamental drafting and negotiating principles common to all corporate agreements. You will learn how to reduce your client’s goals to a complete, clearly written and enforceable agreement, and how to identify what issues are most likely to come up in a ...

A. Overview of Regulation D, Rule 701 and SEC Update; B. Resales: Rule 144, Tacking, Holding Period Issues and 4 (1-1/2)

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Recorded on: May. 3, 2011

ANNA T. PINEDO: And Gerry. DAVID B. H. MARTIN: Great, thank you, Anna. Gerry, can you hear me? GERALD J. LAPORTE: Yes, I can. DAVID B. H. MARTIN: Sounds like maybe he can. I see the mouth moving. Maybe I still have this on mute. Can everybody in the room hear me? OK, let me see if we can pull this off. What Gerry and I want to do in the next 30-35 minutes is to give you a refresher, reminder, primer, however you want to think of it, on Regulation ...

A. Positioning Your Company for Venture Capital Financing/B. Anatomy of a Venture Capital Deal

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Recorded on: Mar. 4, 2013

STEVEN L. BAGLIO: So I'm going to tackle the very beginning of how a venture backed company might be formed. And then I'll turn it over to Sarah, who will talk more specifically about venture capital deal terms. And by the way, if anybody in the live audience has a question, they should feel free to interrupt me as I go. And we'll stop periodically, if you'd like. So it's really three buckets within what I'm going to talk about. Just to organize. ...

Featured Faculty/Authors
Lisa J. Sotto

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David W. Pollak

David W. Pollak ~ Morgan, Lewis & Bockius LLP

Katie M. Lachter

Katie M. Lachter ~ Hinshaw & Culbertson LLP