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Strategic Choices in Trial Courts/ Discretionary Review Proceedings/ The View from the Bench

Transcripts  Transcripts    

Recorded on: Mar. 24, 2016

MARK D HARRIS: OK, welcome back. We now have three shorter sessions on a few different interesting topics. The first one is going to be strategic choices in trial courts. Then after that, we'll hear about discretionary review proceedings. And then finally, the view from the bench with Judge Krause. So the first panel or discussion is strategic choices. Let me introduce-- let me get myself organized here-- Lauren Goldman. Lauren serves as co-head ...

Preparing for and Delivering the Oral Argument

Transcripts  Transcripts    

Recorded on: Mar. 24, 2016

MARK D. HARRIS: I'll introduce our next two panelists. So next to me is Brian Matsui. Brian is a partner in Morrison & Foerster's appellate and Supreme Court practice group. Prior to entering private practice, Brian clerked for Justice Kennedy on the Supreme Court, to Judge Pamela Ann Rymer of the US Court of Appeals for the Ninth Circuit, and Judge David Levy of the US District Court for the Eastern District of California. Brian is the immediate ...

Challenges in Building Today’s Tenant Improvements

Transcripts  Transcripts    

Recorded on: Mar. 23, 2016

JOHN BUSEY WOOD: Especially you people out there getting your breakfast, come in here now. We're going to talk about something that'll make you want to go back and get more food. This is going to be a really hard segment. And it's going to take, if you're willing, a lot of preliminary focus. And if you stay with me while I build the building blocks of the definitions and the interests, and property, then once we get through the first 15 minutes, ...

Fundamentals of Structuring for Buildability and Financing

Transcripts  Transcripts    

Recorded on: Mar. 23, 2016

JOHN BUSEY WOOD: Welcome back to the Altoona Hotel [INAUDIBLE], the most beautiful building in New York City, whatever right? You believe this? OK, you're back to leasing though. So here's reality. A couple of things, housekeeping, I told you I would tell you the educational website where I was drawing those materials from. And there are several thousand documents, articles, all sorts of treatises, whatever, NYU stuff, AICPA stuff, presentation books, ...

Ethical Gaps, Mishaps and Traps in Real Estate Practice

Transcripts  Transcripts    

Recorded on: Mar. 23, 2016

MICHAEL E. MEYER: There's almost a man who needs no introduction, but he's going to give his own introduction. Robert, it's all yours. JOHN BUSEY WOOD: Wait a minute. You can't do that. I have to be here. I need ethics. ROBERT J. BERGSON: Hear, hear. There you go. JOHN BUSEY WOOD: OK. Thank you. ROBERT J. BERGSON: We all need ethics. JOHN BUSEY WOOD: Indeed. ROBERT J. BERGSON: So good afternoon. My name is Rob Bergson. And I'm a partner at Abrams ...

The Lanham Act’s Bar on Registration of Immoral, Scandalous, and Disparaging Marks: A Debate

Transcripts  Transcripts    

Recorded on: Mar. 23, 2016

KIERAN DOYLE: Next up we have a debate, and I can tell a couple things about the debaters. They're pugnacious. I've seen them do battle in California, in Washington DC, in Arizona, in Florida, and last night at dinner. The marks we'll be talking about, they range from impolite to insensitive to vulgar to foul. The issues we'll be discussing are big-- checks and balances, free speech, due process, wrongful taking. So let me tell you a little bit about ...

Overview of 2015-16 Federal Court, TTAB and UDRP Decisions

Transcripts  Transcripts    

Recorded on: Mar. 23, 2016

LORI WEISE-PARKS: Well, we're really fortunate this morning to start off with Joe Welch doing his annual review of the law. And in-- I was going to say 60 seconds, but we're not going to push him that hard this morning. So a lot of material to cover. Joe has more than 30 years of experience representing major clients in intellectual property litigation. And he's taught trademark and unfair competition law at Northwestern Law School for more than ...

Special Issues in Retail Leasing

Transcripts  Transcripts    

Recorded on: Mar. 23, 2016

JOHN BUSEY WOOD: Great, welcome back. Now we're going to do what I told you about yesterday and this morning, which is a killer negotiation that will raise all points before the parties are killed on the panel, negotiating and retail issues. And as you know, retail is so straightforward. No one has any care, it's all happy, happy, let's go party, it's a nice box, I like to be there, this will be good. And then you pay $3,000 to $30,000 a square foot ...

Potential Ethical Pitfalls in a Modern, Cost-Effective Trademark Prosecution Practice

Transcripts  Transcripts    

Recorded on: Mar. 23, 2016

LORIE WIESE-PARKS: The final session today, I think, is going to be very, very interesting, so you're not going to be sorry that you stuck around, not only because of the ethics credit, but because I think we have a couple of really interesting speakers. I just had a few minutes to talk with them, and I think this is going to be a good program. We have Tsan Abrahamson and Katie Lachter, who come at this program from very different points of view. ...

Dealing with Large Hidden “Big Ticket” Items

Transcripts  Transcripts    

Recorded on: Mar. 23, 2016

JONATHAN K. BRIGHT: Bright. I'm a partner at Wilk Auslander here in Manhattan. And I represent owners and tenants, about 50-50 I think I said yesterday, which is the breakdown for my practice. MICHAEL E. MEYER: And I'm still Michael Meyer. JONATHAN K. BRIGHT: Good. MICHAEL E. MEYER: And we're talking about dealing with large hidden, big ticket items. You want to take the lead, and I'll follow you? That's the way you get a speaking part. JONATHAN ...

Complex Real Estate Issues: Cost Effective and Timely Dispute Resolution Alternatives

Transcripts  Transcripts    

Recorded on: Mar. 23, 2016

JOHN BUSEY WOOD: Thank you and welcome back. We're about to do the part of the program for all you other cities that I really love. And it's complex real estate in my view. I'm going to shorten the title a bit-- dispute resolution like economically, efficiently, and intelligently, or go rent or buy a judge. Did I say that? I can't believe I said that. Actually, go rent or buy a good judge one who knows what you're about, knows what your transactions ...

Unanticipated Limitations in Long-Term Planning and Lease Restructuring

Transcripts  Transcripts    

Recorded on: Mar. 23, 2016

JOHN BUSEY WOOD: Great. Welcome back. And, for those of you who are not back yet, you're not getting your CLE if you're out there having coffee and doughnuts. So we're keeping track, so come back in here now. This new section-- there is a longer new section on restructuring. And why are we doing that when we think the economy's healthy? Some of us are worried. The rents are really high. Bad things happen, and you go into restructuring, and then the ...

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

Transcripts  Transcripts    

Recorded on: Mar. 23, 2016

JOHN WOOD: OK. We're going to move into an area where we're reversing the order, only because I think you're going to go to sleep if Michael and I do our part first. And this is really important. Thanks, buddy. Thank you. Good to see you. This is the accountant's view of leases. And this has been in the works for three or four years, maybe five years. And it's going to change in a significant way the way leases are accounted for-- not for landlords-- ...

Changing Lease Forms and Negotiating Tactics in the New Improving Economy

Transcripts  Transcripts    

Recorded on: Mar. 23, 2016

JOHN WOOD: The lease. I love leasing. The multi-dimensional extreme sport of theft by lease. So let's have some fun with this. And it doesn't matter what side you're on, because it's very exciting. It's a document that lives, it's huge, it's multi-dimensional and is the only document that's a demising, a regulatory instrument, a hell or high water financing instrument, certainly controls the behavior, and the operations, and maybe even the company ...

Issues Surrounding Insurance and Damage and Destruction

Transcripts  Transcripts    

Recorded on: Mar. 23, 2016

JOHN WOOD: We're going to do what you've been waiting for and I told you about-- casualty insurance disaster. Get money. Do it right. Don't do it wrong. Alan Di Sciullo, and I also told you Alan is my co-author. We write about 10 billion page treatise together. And we're very old and wise, aren't we? And we're good looking. ALAN M. DI SCIULLO: Absolutely. JOHN WOOD: So Alan's going to introduce this panel. They're going to tell-- each of them will ...

Protecting the Look of a Product

Transcripts  Transcripts    

Recorded on: Mar. 23, 2016

LORI L. WIESE-PARKS: [INAUDIBLE] is always fun when we're talking about trade dress and product shapes and stuff like that, and we've got a great program on that I think today. If the white hair isn't obvious, I've been around for a long time. And in my early years of practice, trade dress, color marks, sound marks were actually pretty rare, pretty unique. You didn't see a lot of them. So in my first few years of practice, I was very, very excited ...

The ITC as an Essential Tool in the IP Enforcement Toolkit

Transcripts  Transcripts    

Recorded on: Mar. 23, 2016

KIERAN DOYLE: Welcome back. Just let me see a show of hands. How many people believe that the Lanham Act restriction on moral, scandalous, and disparaging marks is constitutional, that the Trademark Office should have the right to tell folks they can't register their marks because they're in some way offensive? Raise your hand. OK. So I see three, five, six, seven, seven folks in the room, and we're all not back in the room. How many folks think ...

Responding to the Investigation

Transcripts  Transcripts    

Recorded on: Mar. 22, 2016

RONALD J. HEDGES: Thank you everyone for participating in that survey. I know it may sound a little simplistic, some of the questions asked and whatever, but we need to know and we'd like to know who the audience is because we are somewhat quick thinking people and we can make changes if we need to do it. So thank you for taking the time to help us out on that. I want to remind you as we're starting, if you will, the corporate response panel to government ...

Parallel Civil Proceedings

Transcripts  Transcripts    

Recorded on: Mar. 22, 2016

RONALD J. HEDGES: OK, everyone. Thank you, everyone here in the audience and online, for being with us today. We are in our third and last panel. We began by hearing from regulators as to what they do, and why they do it, and how they do it. We heard from a group of attorneys and non-attorney talking about responses to investigations or requests from the government agencies. And now we're going to be talking about, in our last hour, something that ...

Pro Bono Counsel in Social Security Cases

Transcripts  Transcripts    

Recorded on: Mar. 21, 2016

KAREN HAMBRICK: Good afternoon. For our last session, the last session is pro bono counsel in social security cases. A lot of the cases at the Legal Aid Society-- not a lot, but we give some cases to pro bono counsel. And so that is a different kind of process than you developing the cases on your own because Legal Aid is kind of screening those cases for you, at least the initial merits and what the case is about. So I'm going to turn this case ...

How to Engage Personnel in Places Where the Employer Has No Registered Payrolling Presence: Tiptoeing into a New Country

Transcripts  Transcripts    

Recorded on: Mar. 21, 2016

AMY: It's my pleasure to turn this briefing over to Don Dowling. DON DOWLING: Thank you very much Amy and [? Arnika, ?] and thank you all for joining us. As Amy just said, the title is a little cumbersome, but I think it's a problem that affects a lot of multinational companies and I suspect you're all interested in, which is why you're participating. It's how to engage personnel in a country where the employer has no registered presence, which I ...

Appeals Council and Federal Court Review

Transcripts  Transcripts    

Recorded on: Mar. 21, 2016

KAREN HAMBRICK: We're going to move on to the next segment. The next segment is Susan Horwitz. We'll talk about the-- so, Kyla and Marie have spoken about the first stage of the appeal process, which is your ODAR hearing. If you lose at ODAR, the next appeal, on a national basis, is to the Appeals Council. Susan Horwitz will speak about that. Susan Horwitz received her JD from Cardoza Law School in New York City. She's been with Legal Aid since 1990, ...

Hashtag Law – Legal Issues in Using Hashtags in Advertising and Social Media

Transcripts  Transcripts    

Recorded on: Mar. 21, 2016

AMY: It is now my pleasure to turn this briefing over to Jeff Greenbaum. JEFF: Hi everyone. Thanks for joining. I feel like I have an important caveat. My office is sort of at the corner of 51st and Fifth Avenue, and the Saint Patrick's Day Parade is going on right now. So, if you hear bagpipes in the background, it's not because I'm sort of this weird, bagpipe aficionado. I don't have bagpipe music going all the time, but there's definitely a serious ...

Overview of Social Security Benefits and Administrative Law Judge Hearings

Transcripts  Transcripts    

Recorded on: Mar. 21, 2016

KAREN HAMBRICK: So without further introduction I'm going to introduce Kyla Ratliff and Marie Mombrun. They will cover the first section of the training today. Kyla Ratliff is a staff attorney for the legal services of the Hudson Valley. Prior to that she worked for the Legal Aid Society in the area of housing and public benefits. While at Legal Aid she assisted with affirmative litigation, including the Jiggetts versus Dowling case, which later ...

Ethical Risks of Social Media

Transcripts  Transcripts    

Recorded on: Mar. 18, 2016

RICHARD RAYSMAN: So with that introduction, I want to introduce our speakers for the first panel. To my immediate left-- your right-- is David Cunningham, who is vice-president, assistant general counsel, and director of intellectual property and privacy law at the Hartford Financial Services Group. David handles all facets of intellectual property law, including patent prosecution-- he's a patent lawyer-- litigation, licensing, and IP transactional ...


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