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Dealing With Experts, Including Rule 26 Employee Experts

Transcripts  Transcripts    

Recorded on: Nov. 13, 2013

CHRISTOPHER HU: Our next speaker is Eric Lobenfeld from Hogan Lovells who's going to talk about dealing with experts, including inside experts. And if Peter Schwechheimer, our damages guy, is still hear, Eric is going to talk about how difficult it is to deal with people like you. ERIC J. LOBENFELD: But I won't say what Judge Posner says, though, because I'll be more polite. Good morning, everybody, thank you for attending today. I'm going to cover ...

Ethical Issues in Patent Litigation

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Recorded on: Nov. 13, 2013

CHRIS HU: OK, now we're down to our last one, the one you've all been waiting for on ethics. And I'm going to resist the temptation to say legal ethics and oxymoron in the same sentence. Our speaker is Ed Polk who I've heard speak many times and I always find it informative and entertaining. And he's going to talk about ethical issues in patent litigation. Ed. C. EDWARD POLK, JR: Thank you. We still have this right. Again my name is Edward Polk. ...

Patent Damages

Transcripts  Transcripts    

Recorded on: Nov. 13, 2013

CHRISTOPHER HU: Welcome back. The first session today is the session on damages. Our speakers are Jennifer BianRosa, my colleague from Dickstein Shapiro, and Peter Schwechheimer, a vice president at Charles River Associates, or CRA, in Boston. Peter, you're going first. PETER SCHWECCHEIMER: So the title of the talk today, Review of Recent Developments and Structural Issues in Patent Infringement Damages. We'll start off by-- just give you a little ...

Expert Direct/Cross-Examination

Transcripts  Transcripts    

Recorded on: Nov. 13, 2013

SPEAKER 1: OK, we're going to get started with the second to the last presentation. This is on expert direct and cross examination. There's going to be a demonstration. Our speakers are David Gross from Faegre Baker Daniels and Tim Sullivan. David. Tim. DAVID J.F. GROSS: Hi. Good afternoon. So today, we're going to do a live demonstration of an expert direct and an expert cross, so we can all get in the feel, get the vibe of what happens in a real ...

Keynote: The AIA and Its Effects After Two Years

Transcripts  Transcripts    

Recorded on: Nov. 13, 2013

CHRISTOPHER K. HU: OK. Now I have the privilege of introducing David Kappos, who's a partner at Cravath, Swaine & Moore. From 2009 to 2013, Dave was the Undersecretary of Commerce and Director of the United States Patent and Trademark Office. And I tried very hard not to say commissioner. Some of us who are a little older always refer to the head of the patent office as the commissioner. Before that, Dave had a long career with IBM, including ...

Before the Trial - the Pleadings, Motions and Other Factors that Determine What Gets to Trial in a Patent Case

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Recorded on: Nov. 13, 2013

CHRISTOPHER K. HU: Welcome back. Our last session today is before the trial, the pleadings, motions, and other factors that determine what gets to trial in a patent case. And our speaker Connie Huttner from Vinson & Elkins. Connie? CONSTANCE S. HUTTNER: Hello everybody, the good news is I'm the last speaker of the day. And then you'll be able to go home. And also the Veterans Day parade is over. So you'll actually be able to walk down the street. ...

Three Years After Bilski - The Patentability Of Business Methods

Transcripts  Transcripts    

Recorded on: Nov. 13, 2013

SPEAKER 1: Welcome back. Our next speaker is Carolyn Blankenship, who's senior vice president and chief intellectual property counsel for Thomson Reuters. Carolyn's going to be speaking about the patentability of business methods, three years after Bilski. And I hope Carolyn has answers, because I don't. CAROLYN BLANKENSHIP: Thank you, Chris. And I really appreciate the fact that you've entrusted me with this, what I think is probably one of the ...

Infringement Based on the Acts of Multiple Parties

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Recorded on: Nov. 13, 2013

CHRISTOPHER K. HU: OK. We need to get started again. Welcome back. The next topic is the increasingly-important subject of infringement based on the acts of multiple parties, and the speaker is Gene Lee from Ropes and Gray. Gene? GENE W. LEE: Thanks Chris. Good afternoon everybody. I've seen some old friends already. It's my pleasure to be here today to present on a topic of great interest to me, sometimes called divided infringement, sometimes called ...

Issues Surrounding Insurance and Damage and Destruction

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Recorded on: Nov. 12, 2013

JOHN B. WOOD: All righty. Welcome back. You've made it to the home stretch, the end of live from New York City, and guess what we're doing for you? We are doing insurance. Scary? You have no idea. Here's the things we're going to go over, and then I'm going to let our panelists introduce themselves, but I want you to understand that both of them, their whole life is insurance and they're really good at it. So whatever they tell you, you have to take ...

Challenges in Building Today's Tenant Improvements

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Recorded on: Nov. 12, 2013

JOHN B. WOOD: Good morning, day two. Live from New York. I'd like to say the Biltmore, but we don't have one anymore. Red ball took that out. Can you imagine real estate? So you've had a lot of fun, you're back. We've looked at the lease from a lot of perspectives. This multi-dimensional financing instrument, kind of like, how would you say, a sport of theft by lease. Today we're going to look at it from other dimensions. We will not entirely leave ...

Complex Real Estate Issues: Arbitration vs. Litigation

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Recorded on: Nov. 12, 2013

JOHN B. WOOD: The next panel-- he's just going to take the time out of the next section anyway, so, we know, Michael. We're moving into something that I think is really exciting. MICHAEL E. MEYER: That you love me? JOHN B. WOOD: Absolutely. And you're on this panel too, so I mean, I'm stuck with loving you. [LAUGHTER] JOHN B. WOOD: And it's a good love, it's a hard love. We're moving into the realm of all the things you've seen, all the things ...

Hot Issues in Retail Leasing in the Current Environment

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Recorded on: Nov. 12, 2013

JOHN B. WOOD: OK. Welcome back. Live from New York City with our guest speakers from everywhere else in the country. I got to be nicer. They're going to skewer me when I go out to get my coffee. All right, so you've looked at a lot of stuff. We've had some very live and lively debates. You have seen nothing yet. Those of you who do retail like my partner, Sue Zabloudil, whose watching us live, sending me bad comments about our performance. No, not ...

Changing Lease Forms and Negotiating Tactics in the New Improving Economy

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Recorded on: Nov. 12, 2013

MEGHAN K. CARNEY: And now it is with great pleasure that I introduce to you the chairs of today's program, John Busey Wood and Michael Meyer. John is a partner at Ackerman LLP, and Akerman LLP is a commercial real estate group, and works out of the New York office. He focuses his practice on financiable ground and master leasing, commercial mixed use and retail leasing, large project assemblage and construction. He advises public and private companies ...

Unanticipated Limitations in Long-Term Planning

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Recorded on: Nov. 12, 2013

NANCY ANN CONNERY: OK. MICHAEL E. MEYER: And we're just going to remind you, tomorrow morning at 9 o'clock, we're talking about Challenges in Building Today's Tenant Improvements. And then I'll rebut what John said about who's best to-- JOHN B. WOOD: It's a grudge match tomorrow, so everybody please show up. MICHAEL E. MEYER: --the construction. JOHN B. WOOD: I'm going to get coffee, so supervise him, if you would, please. NANCY ANN CONNERY: ...

Strategies and Tactics for Negotiating Today's Tenant Options

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Recorded on: Nov. 12, 2013

JOHN WOOD: OK, folks. 30 seconds. So bring your food, come back in. We're going to have a blast. We have really neat new section. It's not going to be having Steve and Nancy arguing anymore, so we're going to miss that. The landlord at tenant's throat kind of thing. Sorry-- Did I say-- Who'd I say? MICHAEL MEYER: Steve. JOHN WOOD: Steve. Yeah, Michael. Ah, wow. George, you're listening to me. OK, 11:15. Strategies and tactics for negotiating today's ...

Use of "Off Balance Sheet" Financing; and Ground Leases - Fundamentals of Structuring for Buildability and Financing

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Recorded on: Nov. 12, 2013

JOHN B WOOD: Okay good. Welcome back. Anybody who's been getting cookies and candy, you have 30 seconds to come here or they'll take all your CLE and put it in the shredder. How painful could that be? OK. So now we're going to do something really fun. Something we are refining, which is Good Guy Guarantees, Takeover Leases, Credit Enhancement, Letters of Credit. We try and make it amusing but it's not. So I'm sorry, we will just try and make it better ...

Dealing with Large Hidden "Big Ticket" Items

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Recorded on: Nov. 12, 2013

MICHAEL E. MEYER: So we're going to continue with the 1145, dealing with large, hidden, big ticket items. So if it's hidden and it's large, it's kind of, like, incongruous. But let me talk about a few other things that still exist in the work letter. And this morning we talked about what happens when the tenant does the construction of the tenant improvement. It's also what happens if the landlord does the-- thank you-- the construction of the tenant ...

Hot Topics for Dealing with Long Term Lease Structures, Audits and Credit Support

Transcripts  Transcripts    

Recorded on: Nov. 12, 2013

EDWARD HARRIS: [INAUDIBLE] We'd like to speak about with you today are a few things to keep in mind when reviewing and negotiating commercial real estate leases that could end up being money in your clients' pockets. We're going to defer-- we're going to change up the pace a little bit here, and present it a little bit differently than what's been done before. But I want to make clear that we come here from a tenant's perspective. We're tenant-centric, ...

Ethical Gaps, Mishaps and Traps in Real Estate Practice

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Recorded on: Nov. 12, 2013

JOHN B. WOOD: All right. We're going to go live. Let's do this. There are these really cool people sitting with me. I'm supposed to talk about ethics, but I'm only going to try them in some and transactional stuff, because clearly I'm a dirt lawyer and commercial dirt lawyers and lease lawyers were highly unethical. Everyone knows that. So that's why we had to import an ethical person to teach the transactional ethics. Are we ready? Devika? Hi. OK. ...

Developments in Mergers and Acquisitions

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Recorded on: Nov. 8, 2013

SPEAKER: All right, why don't we get started? Our next panel is about M&A developments. And we have moderating the panel my friend and partner, Eileen Nugent. Eileen is a leader. She is a leading M&A lawyer. She is a leader at Skadden Arps of our global transactions practice. And with that, Eileen, lead the panel. EILEEN NUGENT: And we even rhyme. Colleen, Eileen. Thank you all. We may have a tough fact ahead of us panel in terms of being ...

Social Media - Not Just Tweeting and Liking, But Understanding What's Allowed and What Securities Lawyers Need to Know

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Recorded on: Nov. 8, 2013

D. LYNN: We're going to turn our attention now to social media. And I'm not going to read the entire title of this panel, because then we'll run out of time for the panel. But suffice it to say, we're going to talk all things social media. As Alan mentioned at the outset, this is a new topic for the Institute that we're going to address here this afternoon. And I'm very pleased to introduce the moderator for today's panel as Meredith Cross. And Meredith ...

The General Counsel's Perspective: Living in the Real World

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Recorded on: Nov. 8, 2013

COLLEEN MAHONEY: This year, the general counsel's panel is going to be moderated by Richard Walker who is the general counsel at Deutsche Bank. Before Deutsche Bank, Richard was a litigation partner at Cadwalader. He then went to the SEC where he held nearly every important job except chairman, he was head of the New York office, he was the General Counsel, and he was the head of enforcement. All of us who know Dick and work with him admire and value ...

Facing Your Corporate Governance Challenges: Navigating Activism and Engagement

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Recorded on: Nov. 8, 2013

ALAN BELLER: We'll start in on our last panel of the first day. We're turning to corporate governance, facing your corporate governance challenges, navigating activism and engagement. We have another terrific panel to start us off and introduce the panel and carry us through this subject. We have our moderator, John White. John is yet another of the former directors of the Division of Corporation Finance who has been up here with us today. John served ...

The Defense Perspective: Strategies and Considerations in Responding to New Policies and Priorities in Securities Enforcement

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Recorded on: Nov. 8, 2013

COLLEEN P. MAHONEY: All right, now we're going to look at some of the same issues that you were just hearing about from the defense perspective. And we welcome Rob Khuzami to the defense panel, fresh out of the SEC. And Rob is now a partner at Kirkland & Ellis. Before that, he was head of enforcement at the SEC. Before that, he was head of litigation and regulatory at Deutsche Bank. And before that, he was a criminal prosecutor in the Southern ...

Private Securities Litigation

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Recorded on: Nov. 8, 2013

DAVID M. LYNN: OK. Now we're moving to the world of Private Securities Litigation. And I'm very pleased to welcome our moderator for this panel, Scott Tucker. He's the managing director and Global Head of Litigation at Morgan Stanley, where he's responsible for the department that handles all of Morgan Stanley's Civil Litigation and Regulatory Investigations. Scott, before joining Morgan Stanley, was at Davis Polk & Wardwell. So, Scott, we'll ...

Featured Faculty/Authors
George M. Wilson, MBA, CPA

George M. Wilson, MBA, CPA ~ Director, SEC Institute, a Division of PLI

Mina Park

Mina Park ~ Director, Banking and Capital Markets Origination Legal, Asia Pacific, Citi

Harvey I. Saferstein

Harvey I. Saferstein ~ Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.