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The Defense Perspective: Responding to the Changing Landscape of Securities Enforcement

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Recorded on: Nov. 10, 2014

SPEAKER: We're going to move directly to our next panel, which will present a defense perspective on the current enforcement environment. Robert Khuzami is the moderator. Rob is a partner in Kirkland & Ellis Government and Internal Investigations Practice Group. Prior to joining the SEC, Rob was at Deutsche Bank AG including as General Counsel for the Americas. Prior to joining Deutsche Bank, Rob served for 12 years as an Assistant US Attorney ...

Unanticipated Limitations in Long-Term Planning and Lease Restructuring

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Recorded on: Nov. 10, 2014

NANCY ANN CONNERY: Sure. JOHN B. WOOD: OK, Nancy's going to take a moment to talk about her practice area-- what's sort of her sweet spot-- and then she'll go into something that is really cool and important to you all. And if you look at those two ugly leases I gave you as an example at the NYU course of the predatory leases, you'll see everything she's talking about. And if you signed those leases you can never, never, never do what she's trying ...

Negotiating Today's Tenant Options

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Recorded on: Nov. 10, 2014

JOHN B. WOOD: Welcome back. Now, we're on the home stretch for today, and we're going to be doing negotiating today's tenant options. And notice that the word "options," that could be illusory. rate If you negotiate them wrong, they may not be. And so our team is going to pick up where they left off, hitting each other, throwing things. And will you take over, please? You're the team. NANCY ANN CONNERY: Who did you? JOHN B. WOOD: All three ...

SEC's Conflict Minerals Rules: What We Learned from 2013 and What Happens Next

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Recorded on: Nov. 7, 2014

SPEAKER 1: It is now my pleasure to turn this briefing over to Michael Littenberg. MICHAEL R. LITTENBERG: Thank you very much, Amy. It's a pleasure to be here with everybody today. And I would also like to thank Chris and Bev them for inviting me to be on today's program with them so I'm very excited to be doing this. Chris and I have spoken on many other programs in the past. So it's always a pleasure to work him, and of course to work with Bev ...

Production Process

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Recorded on: Nov. 6, 2014

STEVEN C BENNETT: OK. So we're back. And we did get a couple of questions from the web. And I'd like to ask them of our panelists now. Question one, for Tricia, I think. How would you counsel a company guilty of chronic over-preservation? Where and how should they start to winnow? PATRICIA E ALBERTS: So I think "guilty" is a little bit of a harsh word. But I think first you've got to know what they have in order to decide whether or not ...

Practical Litigation Issues for Intermediary Businesses; The Policy Horizon for Intermediary Businesses

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Recorded on: Nov. 6, 2014

ANDREW P. BRIDGES: I'd like to welcome everybody back to this afternoon's session. The first panel this afternoon is going to be on practical litigation issues for intermediary businesses. There will not be a break after this panel, but after about 40 minutes, I'll ask the panelists on the next panel to come up and be ready to take over at 45 minutes past the hour. I'm delighted to have this group of distinguished panelists here today. I'll introduce ...

Introduction and Opening Remarks

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Recorded on: Nov. 6, 2014

LAURIE GILBERTSON: It's now my pleasure to introduce to you the chair of today's program, Steven Bennett of Park Jensen Bennett. Steve's practice focuses on complex domestic and international commercial litigation and arbitration including bankruptcy, construction, corporate governance, data security, energy, privacy, real estate and other matters. He gained extensive trial experience during 6 years at the US Attorney's Office in the Southern District ...

In-House Roundtable and Q&A

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Recorded on: Nov. 6, 2014

ANDREW P. BRIDGES: All right welcome, back for our final session of the day. This is our in-house counsel roundtable and question and answer. This is going to be much more free form than earlier ones. The goal here is to ask our distinguished panelists in this session to reflect on what they've heard, to talk about what bothers them, to talk about what concerns them, to add whatever perspective they want because these panelists, I think, bring an ...

Data Review Process

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Recorded on: Nov. 6, 2014

ADAM COHEN: So just to finish up on preservation. This notion of Judge Schiendlin's that it's negligence, per se, if you don't have a written litigation hold notice. That's been rejected by the Second Circuit in a case called the Chin Case. And many of us don't handle big cases all the time. We may represent clients who are smaller businesses, couple of people involved, and there's no per se rule that you have to have them issue to each other a written ...

Introduction: The Concept and Role Of "Intermediary" Businesses; Intellectual Property, Publicity, and Defamation Issues

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Recorded on: Nov. 6, 2014

ANDREW P BRIDGES: I would like now to ask Laura Covington to join me to talk about some of the issues generally, and a number of the things that we're going to be discussing later in the program. Thank you. Let me get her bio. Be a second. Laura joined Yahoo in 1999 as the company's first intellectual property lawyer managing its trademark, domain, copyright, unfair competition, and right of publicity work. She was named among the world's leading ...

Data Preservation Process

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Recorded on: Nov. 6, 2014

PATRICIA E ALBERTS: Thank you, Sue. Hi, all. If you can't hear me, I'm a bit of a low talker. So please let me know. Along those lines, I am going to ask or echo what Steve mentioned earlier, that this is a interactive presentation. I'm going to ask you to not only raise your hand with questions, or to seek clarification, but to also contribute any expertise or experience that you have and can share with your colleagues, share with us. We come from ...

Opening Remarks and Introduction

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Recorded on: Nov. 6, 2014

SPEAKER 1: Now I'd like to introduce the chair of today's program. Andrew Bridges is a litigation partner at Fenwick & West. He practices complex litigation involving cutting-edge technologies, business models, and legal issues, as well as broader commercial and intellectual property issues. He also participates in global IP and internet policy debates. He has won landmark copyright cases involving MP3 players, payment processing, and internet ...

Analysis of a Patent License Agreement

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Recorded on: Nov. 4, 2014

MARK HOLMES: Welcome back. This is one of my favorite portions, because we look at actual language. You've been hearing mostly this morning theory, and now we're going to give you an idea what provisions look like. I'd like to introduce you to the panel. On my immediate right is Sara Harrington. She's Senior Director, Legal-Intellectual Property, at LinkedIn. She's counseled many companies, startups and otherwise, in the development, distribution, ...

Recent Legal Developments Affecting Patent Licensing

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Recorded on: Nov. 4, 2014

JOSEPH YANG: Thank you, Burch. So Mike and Burch have both touched a lot on the business considerations and the practical nuts and bolts of doing patent licensing. And I wanted to thank them both for very nice presentations. I want to look at the other prong, here. I want to share with you, over the next hour, some recent legal developments that affect patent licensing. So this kind of is the sort of hand-in-hand presentation with what Burch and Mark ...

Structuring the License Grant and Royalty Provisions

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Recorded on: Nov. 4, 2014

MARK HOLMES: I apologize. I'm out of time, so I'd like to introduce Burch Harper. By the way, come up with any questions later on. I've got to give you a whole massive information in 30 minutes. I'm losing my voice. You're probably losing patience. But come up to me if you have any questions. Burch is a Deputy Counsel at Rambus. He leads the company's transaction team. And at Rambus, he's negotiated to closure multiple patent license agreements that ...

Patent Monetization Tactics

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Recorded on: Nov. 4, 2014

MARK S HOLMES: Thank you, John. Has anybody in the room ever been sued, had a declaratory judgment action taken against them, in trying to monetize a patent? Good. Hopefully, after these 30 minutes, it'll never happen to you. Because what I'm gonna talk about is how to make money without getting sued. What are your options, as a patent owner? Let's look at each one of them. And later on, we're going to go into depth. And then, this afternoon, in ...

Ethical Issues in Limited Scope Representation

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Recorded on: Nov. 4, 2014

AMY TAUB: Hello. My name is Amy Taub, and I'm a program attorney with PLI. I would like to welcome you to today's briefing, Ethical Issues in Limited Scope Representation. Before we begin, I have some administrative announcements. This briefing will be one hour in length. Please feel free to send questions at any time during the briefing. Please remember that you have access to materials for this briefing via the Course Materials tab in the program ...

Program Overview

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Recorded on: Nov. 4, 2014

So, now it's my pleasure to introduce the co-chairs of today's program, Mark S. Holmes and Joseph Yang. Joseph Yang is a partner at PatentEsque Law Group, LLP. He was previously Vice President and General Counsel at Cryptography Research Incorporated whose patents-- patent licenses make over 5 billion security chips worldwide each year. Joe specializes in structuring and negotiating IP-centric deals, patent licensing and sales, tech transactions, ...

Mock Deal Negotiation of a Patent License-Learn the Key Issues from the Licensor and Licensee Points of View

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Recorded on: Nov. 4, 2014

JOSEPH YANG: OK, welcome back. So this is the last two sessions of the program-- it's actually a pair of kind of continuing or integrated sessions-- and they will constitute a mock negotiation of a patent license agreement. It's my pleasure to introduce the two panelists for our discussion, Jake Handy, to my right, and Nader Mousavi, to Jake's right. Jake's practice focuses on tech transactions, including IP acquisitions and licensing strategies ...

Competition Law Compliance from an In-House Perspective

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Recorded on: Nov. 3, 2014

HOWARD MORSE: Let me introduce Mark, because he will take this discussion from the theory and the sublime to the practical. Mark is Senior Counsel for GE, based in Washington, DC. So he, as in-house counsel, has to bring a very practical approach to all antitrust enforcement. It's his job to keep the employees at GE from ending up in jail. So he does the compliance policy, compliance training. But Mark can debate any of the esoteric issues at the ...

IP Licensing

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Recorded on: Nov. 3, 2014

M. HOWARD MORSE: Welcome back from the break. We're going to go ahead and get started now to keep us on the schedule. At least for the next speaker, I will save you from my providing a long introduction, since I don't do flamenco and I have no food blog. So I'm just going to jump right in to talking about antitrust and intellectual property. My bio, as well as the detailed outline, are in the book. I'm going to try and touch on a few highlights ...

Who's the Boss (of Compliance)?

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Recorded on: Nov. 3, 2014

AMY TAUB: Hello. My name is Amy Taub and I'm a program attorney with PLI. I would like to welcome you to today's briefing, Who's the Boss of Compliance? Before we begin, I have some administrative announcements. This briefing will be one hour in length. Please feel free to send questions at any time during the briefing. Please remember that you have access to materials for this briefing via the Course Materials tab in the program window. Our speakers ...

Ethics and Antitrust

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Recorded on: Nov. 3, 2014

HOWARD MORSE: I was also just told to tell everyone to remember to fill out your evaluations and say how great all of the speakers were today. Because they all want to come back and we want to do this again next year. Our final speaker of the afternoon, Lisa Wood, has 30 years experience handling complex business litigation, principally in the areas of antitrust, securities, fraud, and accountants liability. She practices with the Foley Hoag firm ...

Marketing and Distribution Issues

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Recorded on: Nov. 3, 2014

SPEAKER 1: It is now my pleasure to welcome you to the program, and to introduce you to the chair of today's program, Howard Morse. Mr. Morse is a Washington, DC-based partner in Cooley LLP's Antitrust Practice Group. He regularly represents businesses before the Federal Trade Commission, the Department of Justice, and state attorneys general in investigations involving mergers, acquisitions, and joint ventures, as well as alleged monopolization and ...

Mergers and Acquisitions

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Recorded on: Nov. 3, 2014

HOWARD MORSE: Good afternoon. Welcome back from lunch, everybody, to the afternoon session on antitrust counseling and compliance. We're going to turn now to mergers and acquisitions. And I am very pleased to introduce Steve Smith for this discussion. Steve is Co-Chair of Morrison & Foerster's Global Antitrust Practice Group, where he represents parties before the Antitrust Division of the Department of Justice and the Federal Trade Commission ...

Featured Faculty/Authors
Angela J. Grayson

Angela J. Grayson ~ Associate General Counsel, Global Leverage, Intellectual Property & Privacy, Walmart Legal

Adam O. Emmerich

Adam O. Emmerich ~ Wachtell, Lipton, Rosen & Katz

Ellen Moran Dwyer

Ellen Moran Dwyer ~ Managing Partner, Crowell & Moring LLP