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Programs in Litigation & Litigation Skills



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Secret Prior Art to AIA Patents After Helsinn v. Teva (June 13, 2019)

Program Number: 2972 Presenter: Charles R. Macedo, Esq.

**** CD's are pre-order only and not available until after the program date - Online Programs are not available until after the program date. If the online purchase button is not showing, then the on-demand program is not yet available. **** In 2011, Congress totally rewrote the Patent Act's definition of prior art. By replacing the traditional "first-to-invent" system with a "first-inventor-to-file" system, the concept of what was considered prior art was substantially changed. In doing so, Congress kept some familiar concepts like "on-sale" in the Act, but included a catchall qualifier of "otherwise available to the public". Conventional wisdom was that "on-sale" prior art would not include non-public information. This past term, a unanimous Supreme Court in Helsinn Healthcare SA v. Teva Pharmaceuticals USA, Inc., found otherwise, and affirmed a holding by the Federal Circuit that a confidential sale of an invention ready for patenting was still prior art -- even if

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Art and the Spoils of War: Lessons from the Temple of Ishtar (April 9, 2019)

Program Number: 2967 Presenter: Raymond Dowd, Esq.

**** CD's are pre-order only and not available until after the program date - Online Programs are not available until after the program date. If the online purchase button is not showing, then the on-demand program is not yet available. **** Join us for the story of how the ownership of an Assyrian gold tablet excavated in 1913 from the Temple of Ishtar ended up before New York’s Court of Appeals. In an image-packed presentation, New York attorney Ray Dowd will narrate the exciting sequence of events leading to his successful retrieval of the tablet on behalf of Germany’s Pergamon Museum. Learn about how this landmark case affects lovers of art and antiquities in New York and beyond. Learn how Abraham Lincoln’s Civil War-era rejection of the spoils of war doctrine shapes our law today. Attendees will obtain a refresher on the basics of conversion and replevin claims in the

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Securities Regulations Applied to Security Token Offerings (March 6, 2019)

Program Number: 2950 Presenter: Marc Boiron, Esq.

**** CD's are pre-order only and not available until after the program date - Online Programs are not available until after the program date. If the online purchase button is not showing, then the on-demand program is not yet available. **** Offerings merged in 2018 to give us security token offerings, the application of securities laws to security token offerings have created uncertainty for issuers. The confusion exists around the actual security being issued, how it can be issued and how it can be traded after being issued. Understanding the current state of security token infrastructure is key to understanding how companies issuing tokens will comply with securities laws. No new securities laws exist for security tokens but the boundaries of existing securities laws are being tested.

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Is Mediation the New Jury Trial? Approaches and Strategies to Effective Mediation (May 17, 2019)

Program Number: 2947 Presenter: Anthony (Tony) Rospert, Esq.

**** CD's are pre-order only and not available until after the program date - Online Programs are not available until after the program date. If the online purchase button is not showing, then the on-demand program is not yet available. **** Over 90% of cases settle before trial as parties are seeking quicker and less expensive ways to resolve disputes. Indeed, it is clear that one of the reasons for the decline in trials is that mediation has assumed a greater role in resolving lawsuits. In order to prepare for this “new normal,” lawyers need to refine their trial skills to represent clients effectively at mediation. But like jury trials preparation for mediation is critically important to the overall success of the process. In this program trial attorney Tony Rospert will provide a practical guide to preparing for mediation and address best practices, including strategies in selecting the right mediator, providing an opening

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FISA: More of Everything You Didn’t Know (March 28, 2019)

Program Number: 2946 Presenter: George W. Croner, Esq.

**** CD's are pre-order only and not available until after the program date - Online Programs are not available until after the program date. If the online purchase button is not showing, then the on-demand program is not yet available. **** Electronic surveillance represents the most important foreign intelligence collection tool available to the U.S. government. Correspondingly, the ability to surveil constitutes one of those activities most susceptible to abuse by a government against its citizens. In the U.S., the government’s use of electronic surveillance is highly regulated and can be conducted for only two purposes: law enforcement, which is undertaken by both federal and state governments; and foreign intelligence collection, which is an exclusively federal government function conducted pursuant to a single authority - the Foreign Intelligence Surveillance Act or “FISA”. FISA governs not only electronic surveillance but the use of physical searches, pen registers, trap and trace

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Inspector General Whistleblower Investigations – How They Work & How to Manage if Under Investigation (Feb 20, 2019)

Program Number: 2945 Presenter: Margaret Cassidy, Esq.

**** CD's are pre-order only and not available until after the program date - Online Programs are not available until after the program date. If the online purchase button is not showing, then the on-demand program is not yet available. **** Federal Government inspector general offices are required to investigate whistleblower complaints against contractors in certain circumstances. If your company does business with the federal government, it is important to know: How inspector general offices work, When IG’s must investigate whistleblower complaints, How the “new” DoD alternative dispute resolution process for whistleblower complaints work, and What your company can do to mitigate the risk of an inspector general investigation as well as how to manage if your company is under investigation. This CLE will discuss applicable laws, regulations and best practices on making it through an IG investigation.

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California’s New Privacy Law and Internet of Things Cybersecurity Laws

Program Number: 2944 Presenter: Michael Bahar, Esq., Ali Jessani, Frank Nolan, Esq.

On the heels of the EU’s implementation of the General Data Protection Regulation (GDPR), California has passed legislation that tracks the GDPR in important ways, and signals that more states (and, possibly, the US federal government) will dramatically tighten laws governing privacy. In addition to the California Consumer Privacy Act, California also recently passed a cybersecurity law governing Internet of Things (IoT) devices, both of which are scheduled to go into effect in 2020. In this webcast, three Eversheds Sutherland attorneys will address the general trends in rules and regulations governing information security and privacy, analyze the impacts of the CCPA and IoT legislation, and offer guidance on navigating this rapidly developing landscape.

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“I’m the controller!” “No, I am!”: Joint Controllers under the GDPR (March 6, 2019)

Program Number: 2943 Presenter: Sean Christy, Esq., Tyler Thompson, Esq.

**** CD's are pre-order only and not available until after the program date - Online Programs are not available until after the program date. CLICK ONLY THE ONLINE BUTTON TO ADD TO CART, IF THAT BUTTON IS NOT AVAILABLE, THE PROGRAM HAS NOT YET BEEN PRODUCED **** The relationship between controllers and processors under the EU’s GDPR is well understood, but what if neither party is a processor? Is the relationship a data pool, a professional engagement, or a shared marketing program or service? In these and many other scenarios it is possible that the relationship is instead that of joint controllers. This program will take an in-depth look on how to determine when a relationship is between a controller and a processor, separate controllers, or joint controllers and the ramifications of each construct. Additionally, learn how to structure a contractual relationship between joint controllers and receive template documents designed to

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Copyright Litigation: The Year in Review (March 25, 2019)

Program Number: 2942 Presenter: Raymond Dowd, Esq.

**** CD's are pre-order only and not available until after the program date - Online Programs are not available until after the program date. CLICK ONLY THE ONLINE BUTTON TO ADD TO CART, IF THAT BUTTON IS NOT AVAILABLE, THE PROGRAM HAS NOT YET BEEN PRODUCED **** 2018 brought many new developments in copyright litigation and 2019 promises to continue to transform the landscape as the Supreme Court continues to grant cert on copyright-related issues. Join Raymond Dowd, author of Copyright Litigation Handbook (Thomson Reuters 2018-2019) for highlights of the past year and a view of what the future holds. Dowd’s Copyright Litigation Handbook focuses on the intersection of the Copyright Act and the Federal Rules of Civil Procedure, providing practical guidance to practitioners from case evaluation through final judgment. Join us for this practical, entertaining and instructional view of an area of law that continues to baffle and surprise.

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The Business of Online Business: Session One - Domain Names and Domain Name Disputes (April 2, 2019)

Program Number: 2941 Presenter: Shari Claire Lewis, Esq.

**** CD's are pre-order only and not available until after the program date - Online Programs are not available until after the program date. CLICK ONLY THE ONLINE BUTTON TO ADD TO CART, IF THAT BUTTON IS NOT AVAILABLE, THE PROGRAM HAS NOT YET BEEN PRODUCED **** Every business with a website is an e-business and, as a result, face challenges that are unique to online commerce and twists on traditional ones. For example, the maxim “location, location, location” applies in the virtual world as much as in the physical realm. In this first session, we will discuss issues concerning Internet domain names – an e-business’s virtual name, address and introductory marketing statement. We will explore the explosive growth of top-level domains as potential new “neighborhoods” in the virtual world. We will also cover cybersquatting and reverse cybersquatting, which continue to impact domain name use, and the variety of venues where a

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