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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 ...

Data Preservation Process

Transcripts  Transcripts    

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 ...

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 ...

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 ...

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 ...

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 ...

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

Transcripts  Transcripts    

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 ...

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, ...

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, ...

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 ...

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 ...

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 ...

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 ...

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 ...

Legal Ethics: The Lawyers Role When Something Goes Wrong

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Recorded on: Oct. 30, 2014

CLIFFORD KIRSCH: Thanks. Thanks very much. Thanks very much. And we're here for our final two panels. On this panel, it's a panel on Legal Ethics-- The Lawyer's Role When Something Goes Wrong. And then we'll wrap up with a roundtable-- a CCO, CLO roundtable looking at various topics from the insurance, securities, and banking side. And for this panel I'm going to turn it over to Savaria Harris again, who was with us before. Thanks. And she'll make ...

Establishing and Implementing a Conflicts of Interest Program

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Recorded on: Oct. 30, 2014

CLIFFORD E. KIRSCH: All right welcome back everyone. Hope you had a good lunch. And for this next panel, just to start off the afternoon, we're going to be looking at conflicts, and establishing and implementing a conflicts management program. And we want to discuss this as a standalone topic, just because of its importance, just because of the regulatory focus, and we have a great panel to do that. To my left is Claudia Marmolejo, who is an executive ...

Broker-Dealer, Adviser and Mutual Fund Compliance Program

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Recorded on: Oct. 30, 2014

CLIFFORD KIRSCH: Welcome back, everyone. And at this next session, we're going to look at compliance programs. And to be a little bit more specific, at our last session, we looked at compliance programs from the parent level and with a particular emphasis on whistleblower programs. Looking at the attendance for this conference, both web and live, it looks like a number of you are with larger financial services firms that have subsidiaries that are ...

Compliance and Legal Supervisory Liability

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Recorded on: Oct. 30, 2014

CLIFFORD E. KIRSCH: All right, thanks everyone. And we're into our next panel, which is going to look at Compliance and Legal Supervisory Liability. And we wanted to have a standalone discussion on this topic just because it's so prominent. It's so important. Looking at when does a compliance officer--when does a legal officer become a supervisor? What's entailed with respect to supervisory liability? What steps can one take practically to avoid ...

Laying the Foundation

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Recorded on: Oct. 30, 2014

CLIFFORD E. KIRSCH: OK. Thanks everyone. And just before we get into the next session, I just wanted to give 30 seconds on the program itself. It's a very broad survey course. And what we're looking at it in this first panel is up laying the foundation. And in a minute I'll introduce on turn it over to a Savaria Harris. In this first panel we're going to look at the various regulators, the role of corporate compliance programs and related issues. ...

CCO/CLO Roundtable

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Recorded on: Oct. 30, 2014

CLIFFORD E. KIRSCH: All righty. Well, welcome back. And again, thanks for your attention throughout today. It's been a great day. You've been a great audience. Thanks very, very much. And our final panel is a roundtable. We wanted to end up, as the name suggests, just rounding out the discussion, and chatting about hot topics for compliance from a securities perspective, from an insurance perspective, from a banking perspective, and issues that transcend ...

Better, Faster, Cheaper Deals

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Recorded on: Oct. 29, 2014

JOHN F. DELANEY: OK. It's 1:15. We're back in the home stretch. And when you organize these conferences there's a couple of tricks of the trade. One of them is on the second half of day two, you want to have really compelling presentations, which we have coming up. And the other trick of the trade is you put the ethics presentation last because everyone needs that ethics credit. So maybe I'm revealing too many trade secrets here. But right now, as ...

Navigating the U.S. Criminal Law Maze in the Corporate Deal

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Recorded on: Oct. 29, 2014

AMY: It is now my pleasure to turn the speaking over to John Buretta. JOHN BURETTA: Thank you, good afternoon everyone, and thanks for joining us. We'll spend the next hour giving you an overview, with respect to corporate transactions, regarding US criminal laws that can impact deals that could be mergers and acquisitions, bond offerings, credit facilities, an array of corporate transactions in which US criminal law issues increasingly come up. ...

Employment Issues

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Recorded on: Oct. 29, 2014

WILLIAM TANENBAUM: We are now going to move to the next presentation entitled Employment Considerations and Outsourcing Transactions. And I know all of us in the room have had to deal with this issue and bring in our employment lawyers for very complicated problems, especially in the cross-border situation. We're very pleased to have two leading lawyers in the field present. I'd like to introduce Erika Collins first. Erika is at Proskauer where she ...

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