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What Are the Must-Know Recent Case Law Developments?

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Recorded on: Apr. 24, 2013

NANCY J. MERTZEL: Good morning, everyone. It's a pleasure to be here with you and to be with the distinguished group of faculty. I particularly like the American University theme, since I graduated there and got my start in copyright law with Professor Jaszi. I took every class that he taught while I was there. SPEAKER 1: But you're not being graded today. [LAUGHTER] NANCY J. MERTZEL: That's right. SPEAKER 2: Not by Peter. [LAUGHTER] NANCY J. ...

Can The DMCA Be Fixed? If So, How?

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Recorded on: Apr. 24, 2013

LATEEF MTIMA: OK. This is like that Bette Davis line, "Fasten your seat belts, this is going to be a bumpy ride," not only because this is DMCA, but, literally, talk about up-to-the-minute developments. Some of the latest key decisions on the DMCA have been happening over the last couple of weeks. And in fact, we had a decision just yesterday. So last night I'm tinkering getting this stuff in. OK. So I'm going to talk about the DMCA. And ...

Consumer Financial Services Institute 2013 (18th Annual)

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From the program: Consumer Financial Services Institute (18th Annual)

Released on: Apr. 23, 2013

On January 4, 2012, President Obama appointed Richard Cordray as the first Director of the Consumer Financial Protection Bureau (CFPB). Since that time, the CFPB has been involved in a whirlwind of regulatory, supervisory and enforcement activities. In addition to the CFPB, state and other federal regulators are pursuing initiatives focused on consumer financial services. This year’s Institute will explore in detail the Bureau’s activities as well ...

Special Problems in Representing Foreign Companies in US Criminal Investigations 2013 (Audio-only)

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Released on: Apr. 23, 2013

Taken from the briefing Special Problems in Representing Foreign Companies in US Criminal Investigations recorded April, 2013.At an accelerating rate, Department of Justice criminal investigations of antitrust, FCPA, money-laundering, financial fraud and other areas focus on foreign companies. A US lawyer representing a foreign company in such an investigation is likely to encounter cultural, institutional and legal disconnects with the US criminal ...

Communications Issues and Unannounced Offerings

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Recorded on: Apr. 22, 2013

ANNA PINEDO: -unannounced offerings. So as we were discussing earlier this morning, there are lots of complex issues in terms of making certain that companies don't have to make premature disclosures when they're attempting to conduct an offering that they want to remain unannounced. And so to help walk through all of those issues, we have Andrew Fabens. And Andrew's a partner at Gibson-Dunn in the New York office, where he's the co-chair of the ...

Regulatory and Enforcement Activities

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Recorded on: Apr. 22, 2013

SPEAKER 1: So our last session for today is an overview of regulatory and enforcement activities in the context of private transactions, PIPEs, hybrids, et cetera. And with us today, we have Jim Rothwell, a partner in Davis Polk's corporate department, and Jim advises dealers, issuers and funds on structured equity derivatives transactions. And Alex Cohen, a partner in the DC office of Lathan & Watkins, and a former SEC official in the office ...

Rule 144A Offerings

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Recorded on: Apr. 22, 2013

ANNA T. PINEDO: OK, we're going to continue with the last two sessions of the day. So on our next panel, we're going to be talking about Rule 144A offerings, the most liquid of the various offering formats that we've been talking about. And so to go through 144A, we have Stuart Fishman. And Stuart's a managing director and associate general counsel at JPMorgan Chase, where he is involved in public, private, and 144A offerings of debt securities, ...

Cybercrime: A Multi-Faceted Legal Challenge 2013 (Audio-only)

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Released on: Apr. 22, 2013

Taken from the briefing Cybercrime: A Multi-Faceted Legal Challenge recorded April, 2013.Every day, more and more of our lives and our business is conducted online. It should come as no surprise, therefore, that savvy criminals are increasingly looking to the digital world as well. Each day brings new headlines about the growing threats posed by cybercriminals, ranging from thefts of personal information and intellectual property, to disruptive denial ...

Financings in Close Proximity to One Another

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Recorded on: Apr. 22, 2013

ANNA PINEDO: So joining us for the integration discussion today are Cathy Dixon. And Cathy's a partner in Weil Gotshal's Washington DC office in the securities area. And before joining Weil, Cathy was the chief counsel of the Division of Corporation Finance at the SEC. And also joining us is Stan Keller, a partner at Edwards Wildman Palmer in Boston. And Stan, of course, has extensive experience in securities offerings and has been very actively ...

Is Time of the Essence? Laches in Trademark Litigation

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Recorded on: Apr. 22, 2013

Taken from the Web Program Advanced Trademark Law Annual Review 2013 Recorded April, 2013 in New YorkIs Time of the Essence? Laches in Trademark Litigation [01:01:11] Is laches a defense to all claims in trademark cases? What is a presumption of laches? What constitutes “unreasonable delay” and “undue prejudice?” How does delay impact motions for preliminary injunction? Does laches bar both an injunction and money damages? The purchase ...

Resales of Restricted Securities

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Recorded on: Apr. 22, 2013

ANNA T. PINEDO: All right. So we're back, and as promised for the next two sessions, really focus on trying to monetize the value of securities sold in private placements that are restricted securities. And with us now to talk about resales of restricted securities we have Adele Hogan. And Adele is a securities lawyer, focusing on both private and public offerings of equity and debt. And Adele is a frequent PLI speaker. Brian Korn is also with us, ...

PIPE Transactions, Registered Directs and Wall-Crossed Deals

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Recorded on: Apr. 22, 2013

ANNA PINEDO: All right. Welcome back for this afternoon's sessions. This afternoon, we're going to move into a discussion of various private and hybrid offering formats, and discuss some of the practical considerations that issuers, underwriters, placement agents have to consider when they're choosing among these transaction formats. And so, for our first panel of the afternoon, we're going to be discussing PIPE transactions, registered direct offerings, ...

Staying Private, Private Secondary Markets, Using the Internet

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Recorded on: Apr. 22, 2013

ANNA T. PINEDO: So for this panel, we have Dave Lynn, my partner at Morrison and Foerster and the co-head of our public company's practice. Dave is the former chief counsel of the SEC's Division of Corporation Finance. Marty Dunn-- joining us again, a partner in O'Melveny's corporate practice in the DC office, and prior to joining O'Melveny, a deputy director at the SEC. And Annemarie Tierney-- who is general counsel for SecondMarket Holdings, the ...

Understanding Employment Law 2013

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From the program: Understanding Employment Law 2013

Released on: Apr. 19, 2013

Whether you are new to the field, seeking a quick refresher, or if your law practice only touches upon employment law issues, this jam-packed employment law primer is designed for you.  An expert faculty will lead you through the major regulations and case law governing the employer/employee relationship and offer practical pointers ranging from hiring to firing and everything in between. In addition, the program will address certain key concepts ...

ICANN and New gTLDs: What You Need to Know Now

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Recorded on: Apr. 18, 2013

SPEAKER 1: We're going to continue right here from the table since we've shifted. Our next speaker is Kristina Rosette. Kristina is of counsel in the Washington office of Covington & Burling. Her practice focuses on domain name, internet, and trademark matters. She has unique expertise in domain name issues, including drafting the ICANN policy recommendations for new gTLDs, developing and implementing trademark protections in new gTLDs, drafting ...

Insurance Coverage for Trademark Infringement

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Recorded on: Apr. 18, 2013

KIERAN DOYLE: Cut that break tight. Thank you for all returning so quickly. Next up, we're going to hear about insurance coverage in IP cases. And we're going to hear from David Gauntlett. David is the principle of Gauntlett and Associates in Irvine, California. He represents policyholders in coverage cases involving IP. David litigates in federal and state courts all over the country. And he's always on the cutting edge of this issue, and often making ...

High-Stakes Corporate Compliance: Reducing Risk and Managing Potential Sanctions 2013 (Audio-only)

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Released on: Apr. 18, 2013

Taken from the briefing High-Stakes Corporate Compliance: Reducing Risk and Managing Potential Sanctions recorded April, 2013.The past few years have seen significant increases in compliance-related investigations, suspensions and debarments, and other actions by government agencies, regulators, and law enforcement. Many government enforcement actions focus on perceived weaknesses in corporate ethical culture, and require the appointment of independent ...

Overview of 2012-2013 Federal Court, State Court and TTAB Decisions

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Recorded on: Apr. 18, 2013

JOSEPH WELCH: Thank you, Karen. Good to see all of you here today. Some of you may remember from last year when I had to wear dark glasses. It's certainly much brighter in here this morning than I remember from last year. It's good to see all of you and I can see you a little better. Let's start out with one that made a big splash in the media. Apple gets to register its store design. You can see on the slide a partial description of what's in the ...

Contributory Trademark Infringement / Ownership and Title Issues

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Recorded on: Apr. 18, 2013

SPEAKER 1: Welcome back, everybody to our afternoon session of this advanced trademarks program. We are going to hear this afternoon from Jonathan Hudis, Vanessa Soman, and Joseph Drayton. Jonathan will address the topic of dual ownership of a trademark. And then Vanessa and Joe will address the topic of contributory infringement. I'll introduce all three of them now. Jonathan Hudis is a partner in the trademark and copyright practice group of Oblon, ...

Is Time of the Essence? Laches in Trademark Litigation

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Recorded on: Apr. 18, 2013

SHELDON: Thanks, Joe, and good morning, everybody. Let me personally welcome you. Our next speaker is Dean Eyler. Dean is an Intellectual Property Commercial Litigator at Gray Plant Mooty in Minneapolis. He graduated in 1996 from the University of Iowa College of Law. He clerked for the Honorable Donald P. Lay, former chief judge of the US Court of Appeals for the Eighth Circuit. Dean shares Gray Plant Mooty's IP Litigation Team and has experience ...

Advanced Trademark Prosecution

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Recorded on: Apr. 18, 2013

KIERAN DOYLE: We're into the home stretch. For the next hour, what we'll be hearing about is trademark prosecution. And I guess there's three perspectives, at least three perspectives on trademark prosecution. There's the brand-owners' perspective. There's the practitioners' perspective, and there's the perspective of the examining attorney, the PTO perspective. And our next two speakers will be able to shed light from all three perspectives. Tricia ...

Catastrophe and the Law: What Lawyers Need to Know to Advise Clients to Prepare and Respond to Disasters 2013

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From the program: Catastrophe and the Law: What Lawyers Need to Know to Advise Clients to Prepare and Respond to Disasters 2013

Released on: Apr. 18, 2013

Superstorm Sandy. Hurricane Katrina. Gulf of Mexico Oil Spill. 9/11. Disasters of extraordinary severity have occurred over the last several years. This PLI program will provide a detailed review of the many legal issues that affect clients as a result of a catastrophe. An understanding of these issues will help attorneys prepare their clients even before an event occurs, when drafting leases, real estate agreements or commercial contracts.Lecture ...

Government Investigations 2013: The Role of Electronic Information in Investigation and Response

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From the program: Government Investigations 2013: The Role of Electronic Information in Investigation and Response

Released on: Apr. 18, 2013

Organizations create and store a growing volume of information on a daily basis. That information is used in all facets of an organization’s business. When government regulators seek access to that information, many questions can arise. Exactly what information might the government seek? What limits, if any, are there on the government’s request for electronically stored information? How might electronic information be reviewed prior to production ...

Patent Law Developments Impacting on Patent Monetization

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Recorded on: Apr. 17, 2013

JOSE A. ESTEVES: OK. We're gonna go ahead and get started. So our presenter for the next hour is Joe Yang. And he will be talking about developments in patent law that impact patent monetization. Joe is a partner at PatentEsque Law Group, LLP, where he specializes in the use of patents as business assets. He handles all types of IP transactions and has served as an arbitrator. He previously served as VP and general counsel of Cryptographic Research, ...

Patent Monetization in the Current Environment

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Recorded on: Apr. 17, 2013

JOSE ESTEVES: OK. We're going to get started here. We've got our second to last panel. And for this panel, we're going to be discussing patent monetization and the current environment. And we're lucky to have three panelists here with us. First, we have, in alphabetical order, we've got Abha Divine. Abha is Managing Director and Founder of Techquity Capital Management. Abha's career demonstrates proven results in the successful planning and launch ...

Featured Faculty/Authors
Lisa J. Sotto

Lisa J. Sotto ~ Hunton & Williams LLP

David W. Pollak

David W. Pollak ~ Morgan, Lewis & Bockius LLP

Katie M. Lachter

Katie M. Lachter ~ Hinshaw & Culbertson LLP