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Programs in Regulatory and Administrative Law



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The Supreme Court 2015—Intellectual Property Remains in Focus, from the Celesq®-West LegalEdcenter IP Master Series

Program Number: 2509IP Presenter: Anthony F. Lo Cicero, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** During the 2014-2015 term, the Supreme Court added trademark law to its roster of IP decisions. In addition to setting new standards for review of patent claim construction decisions (Teva), the Court issued important trademark decisions, recasting the potential preclusive effect of TTAB decisions on likelihood of confusion (B & B Hardware), and concluding that trademark tacking (and the potential likelihood of confusion) is a question of fact for the jury (Hana Financial). And with upcoming decisions on post expiration royalties (Kimble) and defenses to a charge of inducement (Commil), this promises to be one of these most significant terms in recent memory. Join Anthony LoCicero of Amster Rothstein & Ebenstein as he discusses these decisions and their potential impacts on patent and trademark practice.

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Data Breach Investigations: Ethical Considerations for In-House Counsel when Investigating a Security Incident

Program Number: 2508 Presenter: Jennifer Kies Mammen, Esq., Jena M. Valdetero, Esq, David A. Zetoony, Esq.

Data security breaches are now unavoidable. The question is whether in-house counsel are prepared to deal with a breach when it occurs. In addition to the legal and practical questions that arise from a data breach, in-house counsel must often navigate several ethical dilemmas. David Zetoony, Jena M. Valdetero and Jennifer Mammen discuss ethical issues that typically arise when investigating a security incident. These include coordinating an incident response, interactions with employees that may be responsible for causing a security incident, and managing external resources such as forensic investigators and outside counsel. The program focuses on issues of confidentiality and conflicts. Specific ethical rules, cases, opinions to be discussed include: ABA Model Rules (e.g., Confidentiality of Information (1.6), Conflict of Interest (1.7), Organization as client (1.13), Duties to prospective client (1.18), Advisor (2.1), Lawyer as witness (3.7), Truthfulness in statements to others (4.1)); Upjohn; and various state bar ethics opinions.

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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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The New FERC and CFTC Market Manipulation Cases: Effective Compliance

Program Number: 2502 Presenter: Thomas O. Gorman, Esq., 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 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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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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The Law of Commercial Unmanned Aircraft Systems

Program Number: 2446 Presenter: Thomas R. DeCesar, Esq., Edward J. Fishman, James B. Insco II, Esq., Martin L. Stern, Esq.

K&L Gates attorneys Ed Fishman, Marty Stern, Jim Insco and Tom DeCesar provide an overview of the current state of U.S. law in relation to unmanned aircraft systems (UAS) used for commercial purposes, and where the legal landscape is headed. The program covers current FAA guidance/regulations related to UAS (which are often referred to as drones in the general media), legal hurdles and paths to compliance (including Section 333 exemptions and experimental certificates of airworthiness), and FAA enforcement activities. In addition, the presenters preview the FAA’s anticipated small UAS rulemaking, and some of the legal issues expected to develop in relation to commercial UAS activities over the coming years, such as privacy, property rights, and state restrictions on UAS operations.

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