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Internal Investigations

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Recorded on: Oct. 22, 2014

AMY L. BESS: So I'm going to do this in alphabetical order. The next panel is talking about internal investigations. Our first panelist is Jonathan Ben-Asher, who is a partner in the law firm of Ritz Clark & Ben-Asher, here in New York City. John represents executives, professionals, and other employees in employment disputes involving issues such as employment contracts, executive comp, whistleblowing, retaliation, employment discrimination, ...

ADR Programs in the Workplace

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Recorded on: Oct. 22, 2014

ZACHARY D. FASMAN: OK, folks, let's get started, again. I saw more people interested in coffee than in Diet Coke out there. That's a bad sign, I guess. Listen, we're approaching the homestretch today. I have to say, that you haven't asked many questions or any questions, during the sessions. That's not deliberate. It's your conference. If you've got something to say, let us here it. We're happy to, like most lawyers, we'll just talk and talk and ...

Wage and Hour Update

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Recorded on: Oct. 22, 2014

AMY L. BESS: OK, everybody. We're going to get started with our next panel. The next topic we're going to discuss is Wage an Hour Updates, which I know is near and dear to many of your hearts. And we have two really terrific and experienced speakers to tell you a little bit about updates in this area. Rachel Bien is a partner at Outten & Golden in New York City. She's a co-chair of that firm's Class and Collective Action Practice Group. And she ...

The Year in Review

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Recorded on: Oct. 22, 2014

AMY L. BESS: So back by popular demand, our next panel is the year in review. This is a panel that we bring back every year because it's so popular with all of you. And we have a couple of-- well, all three of our panelists are people that you have heard from regularly over the years. I'm just going to do some quick introductions because many of you know these folks well. Professor Estreicher is the Dwight D. Opperman Professor of Law and the Director ...

Opening Remarks and Introduction

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Recorded on: Oct. 22, 2014

DANIELLE B COHEN: And last, but certainly not least, it's my pleasure to introduce to you the co-chairs of today's program-- Zach Fasman and Amy Bess. Zach Fasman, to my left, is a partner in the labor and employment law department of Proskauer Rose, resident in the New York office. Zach focuses his practice on representing employers in all aspects of labor and employment law, including labor-management relations, employment litigation, and counseling. ...

Ethics and Beyond

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Recorded on: Oct. 21, 2014

CATHY YANNI: All right. Gretchen's going to do the ethical presentation. But I was viewing it more as all of us could hit on the topics and discuss the topics. And the first thing that we need to discuss is, as you just said, the Pella case. So talk to us about when you're the class rep. What you need to be as class rep? GRETCHEN FREEMAN CAPPIO: Well, first of all, don't be related to your lawyers. And I know that sounds like the most basic thing ...

Settlement and Approval

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Recorded on: Oct. 21, 2014

SPEAKER: I'm lucky I got out alive. HON. CARL WEST: I'll get out of the way. CATHY YANNI: Our final panel is chaired by myself. We're going to discuss settlement, both settlement of MDLs and also settlement of class actions. And the last half hour, we're going to devote to ethical issues in both MDLs and class actions. And on the panel is Gretchen Cappio, who's a plaintiff lawyer in large class action cases; Gail Lees, who specializes in defending ...

Program Overview

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Recorded on: Oct. 21, 2014

SPEAKER: It's now my pleasure to introduce you to the co-chairs of today's program, the Honorable Carl J. West and Cathy Yanni. Judge West is retired from the bench and he joined JAMS, following 18 years on the bench, spending the most recent 10 years as a judge with the Los Angeles County Superior Courts Complex Litigation panel. The Complex Litigation Program, distinguished by its early judicial involvement and hands-on case management, promotes ...

Program Overview and Introductions

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Recorded on: Oct. 21, 2014

CHRISTINA THOMPSON: It's now my pleasure to introduce the chair of today's program, Miss Patricia L. Peden. Miss Peden is a litigation partner at Novak Druce Connolly Bove + Quigg LLP. Her practice is focused on complex litigation with an emphasis on patent infringement litigation. Her cases have involved a wide range of technologies, including cellular, biotechnology, automotive, audiovisual systems, LED technology, semiconductor manufacturing, ...

Case Management of Complex Class Actions and MDLs

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Recorded on: Oct. 21, 2014

CATHY YANNI: Thank you, everyone for coming back. And congratulations to the raffle winner. Our next panel is going to address Case Management of Complex Class Actions and MDLs. They're going to cover methods of efficient case management, coordinating between state and federal courts, and also best practices. The members of the panel are Michelle Childers, Mike Kelly, the Honorable Sandra Moss, the Honorable Carl West. And with that, I'm going to ...

Evidence and Expert Witnesses

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Recorded on: Oct. 21, 2014

SPEAKER: OK, it's 11:30, and we're going to get started with our next panel. The next panel we have is evidence and the expert witness, and I think it's a great panel to have following Tom and Julie's presentation because you heard Tom say a number of times that experts are nimble. There are a lot of things that you can do to present your case through experts that help with some of the evidentiary issues including hearsay. You can get the demonstratives ...

Evidence in the Online World

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Recorded on: Oct. 21, 2014

PATRICIA L. PEDEN: Joining us right now is our first panelist, Paulette Taylor. With almost 20 years of experience, Paulette Taylor is among the most respected trial consultants in the field. She has selected hundreds of juries throughout the country, in virtually every type of civil and criminal case. Well-known cases that Paulette has consulted on include the prosecutions of Timothy McVeigh, Scott Peterson, Frank Quattrone, and Martha Stewart; the ...

Effective Use of Demonstrative Evidence

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Recorded on: Oct. 21, 2014

PATRICIA L. PEDEN: OK. Our next panel is on the topic of Effective Use of Demonstrative Evidence. Almost every trial today has demonstratives. Jurors expect not only to be told, or to be talked to, they expect to see things visually. That's particularly true for the younger jurors who grew up seeing everything visually. But telling a story visually is a challenge for a trial lawyer. You need to pay particular attention to your demonstratives, to ...

IP Lawyer Ethical Issues

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Recorded on: Oct. 20, 2014

BOB TAYLOR: All right. I think we're back live for our final hour. Merri Baldwin is a shareholder at Rogers Joseph and O'Donnell PC. She is the vice chair of the California State Bar Committee on professional responsibility. She's an adjunct professor at Golden Gate Law School and a certified specialist in legal malpractice law. She advises lawyers on ethics, legal malpractice, disciplinary matters, sanctions, and the like. And she will talk to us ...

Developments in Privacy and Data Protection

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Recorded on: Oct. 20, 2014

ROBERT P. TAYLOR: Our first speaker is David Bender. He's going to be talking to us about the subject of privacy, which has gradually moved into the realm of intellectual property. David? DAVID BENDER: Thanks, Bob. Bob mentioned that there have been real developments over the past year in IP. And I think I could say the same thing probably in spades about privacy. It just seems to be accelerating its pace. And it's far too broad a topic, really, ...

Breakouts: PATENT & TRADEMARK

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Recorded on: Oct. 20, 2014

SPEAKER 1: OK. Let's begin. One thing we can count on, I think, each year in our patent review is that we're going to have some nice Federal Circuit cases, so many even that Bob Taylor can't talk about all of them so that there are some very good ones left over. And Joe Lavelle is going to speak to us about those cases. Joe's a partner at DLA Piper's IP and technology practice. And he focuses primarily on the preparation of the trial and appeal of ...

The Misuse of Fair Use: Google Books and Other Transformative Purpose Cases

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Recorded on: Oct. 20, 2014

SPEAKER 1: Good morning, and welcome back. Is there anybody here that doesn't know who won the ball game last night? Apparently, everyone knows. It was the most enjoyable game from the standpoint of a San Franciscan. Our first speaker this morning is Ray Nimmer. He is the Leonard Childs Professor of Law at the University of Houston. He's Co-director of the Houston Intellectual Property and Law Institute. He has been actively involved with both the ...

From Cartoon Network to Aereo: Applying Copyright Law to DVR Technology

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Recorded on: Oct. 20, 2014

ROBERT TAYLOR: Our next speaker is Lateef Mtima, who is a graduate of the Harvard Law School. He is a past president of the Giles Rich Inn of Court, which is the Inn of Court for the Federal Circuit. He's the founder and director of the Institute for Intellectual Property and Social Justice in Washington and a member of the advisory council to the court of claims, and he's going to be talking to us about the progression of copyright law that ends ...

Corporate Counsel Panel: Hot Topics and Best Practices

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Recorded on: Oct. 20, 2014

ROBERT TAYLOR: How are you all? It's 1:30, and it's time for our corporate lawyer panel. And the format for this is somewhat of an informal one. We started doing this a number of years ago, and we discovered that there were two groups of people that really benefited greatly from it. Those people who are corporate lawyers, in-house, get a chance to hear some of the concerns that some of your colleagues are having, an opportunity to ask questions, and ...

Trademark Hot Topics

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Recorded on: Oct. 20, 2014

BOB TAYLOR: There it is. We're coming back to order now. Karen Frank is a partner at the Coblentz, Patch, Duffy & Bass firm. She has practiced trademark law, copyright law for her whole career, and has dealt with virtually every aspect of this. She is a former president of the Copyright Association, and has been a speaker on this program for many years. And she is going to cover recent developments in trademark law that all intellectual property ...

Program Overview

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Recorded on: Oct. 20, 2014

CARLA: Now I'd like to introduce the co-chairs of today's program, David Bender is a sole practitioner in Dobbs Ferry, New York and adjunct professor at the University of Houston Law Center, and at Pace Law School where he teaches privacy law. He is retired from White and Case, where he founded the IP practice, and later headed the global privacy practice. He is the author of computer law through Lexisnexis, presently in release number 65. Before ...

Breakouts: LICENSING & COPYRIGHT

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Recorded on: Oct. 20, 2014

BOB TAYLOR: Let's get started here in order to keep the trains running on time. This is the Copyright Breakout session. We have three panelists who will be talking about different aspects of copyright law for the next one and a half hours. And the first is Bill Coats, William Sloan Coats, who is with Novak, Druce, Connolly, Bove + Quigg in their San Francisco office. Bill was a former partner of mine. I've known him for many, many years. He is a ...

Trade Secrets Update

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Recorded on: Oct. 20, 2014

ROBERT TAYLOR: Great. Thank you very much. Our next topic is trade secret law. Victoria Cundiff chairs the Paul Hastings trade secrets practice. She's been involved in this type of work for many years. She is a past chair of the New York State Bar Association's intellectual property section and is a visiting lecturer at Yale in intellectual property and other subjects. So Victoria, why don't you take it? VICTORIA CUNDIFF: Thank you so much. Well, ...

Is the Supreme Court Reshaping the Patent System?

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Recorded on: Oct. 20, 2014

ROBERT TAYLOR: Let's gather back and come to order here. PLI is trying to make the trains run on time, and so I've gotten the start command from the monitor here. I'm going to be talking about the Supreme Court and its jurisprudence in recent years-- not just the last term, but I'm going to have a lot of emphasis on the cases decided last term. Anyone that's been paying close attention to the patent system knows that the court has become extremely ...

Defining "Waters of the United States": What is at Stake? (Audio-Only)

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Recorded on: Oct. 17, 2014

AMY TAUB: My name is Amy Taub. And I am a program attorney with PLI. I would like to welcome you to today's briefing, Defining "Waters of the United States," What is at Stake. 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 ...

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