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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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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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The Changing Face of Privacy Law in the Internet of Things (IoT)

Program Number: 2452 Presenter: Jason D. Haislmaier, Esq.

The “Internet of Things” has brought countless interconnected devices and services into our daily lives and is also producing explosive changes in the way personal data is collected, shared, and used. These changes have created new challenges for businesses, whether they are involved in providing or using IoT technology. Join Jason Haislmaier for a discussion of these challenges and the established and emerging legal standards, regulatory requirements, and best practices for data privacy in the Internet of Things.

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Asset Protection and Attorney Ethical Considerations

Program Number: 2450 Presenter: Edward D. Brown, Esq.

Asset protection and estate planning attorneys must take certain ethical considerations into account in proceeding with the design and implementation of a client’s overall integrated estate plan. Join Ed Brown for this in-depth analysis of potential ethical liability issues in the asset protection and estate planning contexts. Specific ethical rules to be discussed include: (a) the diligent representation of a client (Model Rule of Professional Conduct 1.3); (b) the potential conflict of interest involving current and former clients (Model Rules 1.7, 1.8, and 1.9); (c) the ethical duty of confidentiality (Model Rule 1.6); and (d) withdrawing and/or terminating the representation if a client is less than fully transparent in the client’s dealings with you (Model Rule 1.16). Civil and criminal traps and pitfalls for the attorney and how they relate to ethical violations are discussed by Mr. Brown as well.

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How In-House Counsel Can Be Ready for the Legal Issues that Arise Following a Credit Card Breach

Program Number: 2449 Presenter: David A. Zetoony, Esq.

The truth is that you can no more prevent a data breach than other types of crime against your organization such as robbery or theft. In-house counsel can have a huge impact, however, on the impact that a data breach has on an organization, including how quickly the organization identifies, investigates, and remediates a breach; how an organization communicates with partners, impacted individuals, regulators, and the media; whether the organization complies with contractual and regulatory obligations; and minimizing the potential for class actions and/or potential liability if litigation is filed. Join Bryan Cave partner David Zetoony, who examines 10 key legal documents which have an impact on an organization’s ability to effectively respond to a data breach and explains the significance of each document, how the document comes into play after a breach occurs, and what provisions within each document to be familiar with before a breach.

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A Review of EEOC's Fiscal Year ending September 2014 and a Look at What to Expect Next Year

Program Number: 2448 Presenter: Eric S. Dreiband, Esq.

Former U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Eric Dreiband, currently a partner at Jones Day, reviews the EEOC's fiscal year ending September 30, 2014, including significant regulatory and policy documents issued by EEOC; its significant wins and losses in the courts, and Supreme Court decisions that considered its position; Congressional oversight of the EEOC; and other significant developments. Mr. Dreiband also discusses: • EEOC’s potential actions, plans and strategies for the coming year. • EEOC's lawsuit that alleges that a hair policy amounted to race discrimination. • EEOC's recently issued guidance about pregnancy and sex discrimination. • The Supreme Court's upcoming term and review of EEOC's pre-suit conciliation obligations. • The dismissal of a nationwide pattern or practice intentional discrimination class action because the EEOC did not conduct any nationwide investigation. • Decisions by various courts to sanction the EEOC. • The status of EEOC's enforcement efforts concerning the use by employers of criminal and

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