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Data Security and Credit Cards for In-House Counsel: How Your Organization’s Contractual Relationship with Credit Card Processors Is Changing

Program Number: 2510 Presenter: Jennifer L. Crowder, Esq., Courtney K. Stout, Esq.

A liability shift is forcing credit and debit card transactions to be conducted using chip-based (i.e., EMV) payment cards by 2015. This transition could impact your organization in more ways than one. Join us for this important discussion of new requirements of the payment card network rules (i.e., Visa, MasterCard, American Express and Discover), the Payment Card Industry Data Security Standards (PCI DSS), and President Obama’s Executive Order (October 2014) regarding chip technology, and for additional measures (a combination of EMV, Tokenization and Encryption) that can be taken to increase your organization’s data security practices and procedures for your credit and debit card processing and Corporate Purchasing Card programs.

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Ban-the-Box and Other Pre-Employment Dilemmas: Finding Qualified Candidates without Finding Trouble

Program Number: 2507 Presenter: Natasha B. Dorsey, Esq., John L. Litchfield, Esq., Christopher G. Ward, Esq.

Finding qualified applicants for jobs is a constant challenge for employers for reasons going well past identifying individuals with the necessary skills, experience, training and education. Beyond finding strong candidates for particular positions, employers also have responsibilities to identify candidates who fit with a company’s culture, who will work well with others, and who will be trustworthy and help solve, rather than create, employment-related issues. As a result, many employers have adopted processes designed to identify latent issues with applicants, such as criminal history inquiries and background checks. While for many years employers took these steps with relatively limited legal restriction or government oversight, trends such as “ban-the box” are now sweeping across the country, and agencies like the Equal Employment Opportunity Commission are taking aggressive action to combat perceived areas for potential discrimination and unfairness in pre-employment inquiries. In this program of particular interest to in-house lawyers, Foley &

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Patent Law Decisions in 2014: The Year in Review, from the Celesq®-West LegalEdcenter IP Master Series

Program Number: 2506IP Presenter: Christopher D. Bright, Esq., Daniel R. Foster, Esq.

McDermott Will & Emery partners Dan Foster and Chris Bright discuss and analyze the major developments and changes in patent law during 2014 and the key cases to watch in 2015. The discussion covers: • The U.S. Supreme Court decisions in Limelight Networks v. Akami Technologies, Nautilus v. Biosig Instruments, Octane Fitness v. ICON Health & Fitness, and Alice Corp. v. CLS Bank • The U.S. Court of Appeals for the Federal Circuit’s decisions impacting damages calculations, preliminary injunctions, non-infringement, invalidity, claim construction, and much more • Important developments in the most active jurisdictions for patent litigation, including district courts and the International Trade Commission • Practical and case law implications of the continued implementation of the America Invents Act, including trends and statistics for inter partes review and post-grant review

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The Swinging Pendulum: How the Supreme Court and the AIA Have Made Patent Assertion More Difficult, from the Celesq®-West LegalEdcenter IP Master Series

Program Number: 2505IP Presenter: Anthony F. Lo Cicero, Esq.

Recent developments in the judicial and legislative branches may be said to have made it more difficult for nonpracticing entities, and other patent owners as well, to successfully assert their patents. The recent decisions by the U.S. Supreme Court in Himark v. Allcare, which gave district court judges more authority to grant attorney fees to a prevailing party in frivolous lawsuits, and in Alice v. CLS Bank, which addressed the issue of patent-eligible subject matter, are both deterring patent suits, as reflected in the recent statistic suggesting a 40% drop in patent lawsuit filings over the past 12 months. In addition, post grant proceedings at the PTO, which took effect under the America Invents Act, have resulted in the invalidation of hundreds of patent claims. Join Anthony F. LoCicero, of Amster Rothstein and Ebenstein as he discusses these important developments and their impact on the future of patent assertion.

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Challenging The Validity of Patents Using Inter Partes Review, from the Celesq®-West LegalEdcenter IP Master Series

Program Number: 2504IP Presenter: Michael J. Kasdan, Esq. - Wiggin and Dana LLP

The passage of the American Invents Act brought with it a new and important and highly effective weapon, inter partes review, with which to challenge the validity of issued U.S. patents. Now, with over two years of proceedings to look back on and learn from, we can understand the best practices and pitfalls of these Patent Office proceedings. Join Michael J, Kasdan, a partner at Wiggin and Dana LLP, as he provides an overview of inter partes review, covers the ins and outs of using it as a strategy, either independent from, or in parallel with, litigation, as a tool to invalidate asserted patents, and shares lessons learned and best practices.

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The New FERC and CFTC Market Manipulation Cases: Effective Compliance

Program Number: 2502 Presenter: Joseph Hall, Esq.

FERC and the CFTC have taken very aggressive and sometimes conflicting positions in bringing market manipulation cases. Those cases present significant questions regarding the jurisdiction of each agency and what constitutes manipulation, making effective compliance difficult. Dorsey & Whitney partners Tom Gorman and Joe Hall analyze critical cases and initiatives by each agency and distill the critical points necessary to build effective compliance programs.

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The Basics of Intellectual Property Valuation for Lawyers

Program Number: 2456IP Presenter: Joseph M. Casino, Esq., Roy P. D'Souza

Intellectual property transactions are now widely reported in the press, including transactions with billion dollar price tags. This has caused many companies to focus more on the question of valuation of their patent and other intellectual property assets to make sure they are not missing the opportunity offered by today’s IP marketplace, including using such assets to obtain financing. This program, for in-house and corporate counsel, focuses on understanding the various types of intellectual property and the basic concepts of how they may be valued for deals.

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Litigation Holds: The Ethical Challenges Counsel Continue to Face

Program Number: 2455 Presenter: Irene Savanis Fiorentinos, Esq., Morgan R. Hirst, Esq.

In-house counsel as well as outside counsel must continue to address the ethical questions and pitfalls involved in the need to issue and follow litigation holds. Join Jones Day attorneys Irene Fiorentinos and Morgan Hirst as they provide an update on key preservation and spoliation decisions in this important program for all attorneys. ABA Model Rules of Professional Conduct 1.1, 3.2 and 3.4, Federal Rule of Civil Procedure 26, and case law, including Chin v. Port Auth. of N.Y. & N.J., 685 F.3d 135 (2d Cir. 2012), are discussed as they apply to proper preservation.

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Patent Monetization for In-House Counsel, from the Celesq®-West LegalEdcenter IP Master Series

Program Number: 2454IP Presenter: Michael J. Kasdan, Esq. - Wiggin and Dana LLP

In recent years, new marketplaces and mechanisms have developed for extracting value in intellectual property. C Suite executives and shareholders alike have become more focused on the value locked in intangible assets like patents. Perhaps more significantly, having an intelligent IP strategy is now a crucial part of a corporate business strategy. Join Michael Kasdan as he provides an overview of available patent monetization and the legal risks and benefits to these methods, in this program directed to what in-house counsel need to know to advise their corporations.

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Important Developments in the Law of Patent Damages and Remedies, from the Celesq®-West LegalEdcenter IP Master Series

Program Number: 2453IP Presenter: Christopher D. Bright, Esq., Daniel R. Foster, Esq.

Daniel Foster and Christopher Bright address recent decisions from the Federal Circuit Court of Appeals and various district courts that have continued the recent trend toward limiting patent damages, provide an update on the availability of injunctive relief, and discuss practical tips concerning these issues that are available to patent owners and companies accused of infringement.

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