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Programs in Copyright Law

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The Pernicious Myth of Conversion Therapy: A Historical and Legal Perspective on Debunked Practices (04/21/2021)

Program Number: 3187 Presenter: Dr. Sharon Meit Abrahams, Charles Francis, Lisa Linsky, Esq.

Charles Francis, President of the Mattachine Society of Washington, DC, an archival research and educational organization, will join Lisa A. Linsky of McDermott Will & Emery, outside counsel for the MSDC to discuss the decade-long work by the two organizations, and the importance of creating pro bono partnerships focused on social justice issues. Charles and Lisa will also speak about the history of sexual orientation and gender identity conversion therapy and the relevance of that history in connection with the current nationwide effort to ban such harmful and ineffective practices.

$95.00Audio Tape Add to Cart

The Trademark Modernization Act of 2020 – What Practitioners Need to Know (03/23/2021)

Program Number: 3180 Presenter: Christopher P. Bussert, Esq., Theodore H. Davis, Jr., Esq.

This webinar will provide practitioners with guidance regarding the key aspects of the Trademark Modernization Act of 2020 (TMA 2020). The panel will discuss the clarification of the status of the presumption of irreparable harm in litigation under the Lanham Act, as well as the new prosecution and ex parte invalidation procedures embodied in TMA 2020. The panel will offer suggested best practices for assisting practitioners in navigating the new Act.

$95.00Audio Tape Add to Cart

Forward-Looking Tips to Avoid Spoliation Sanctions (02/22/2021)

Program Number: 3142 Presenter: Sarah Benowich, Esq., Daniel J. Melman, Esq.

Using a recent Federal Circuit and Northern District of California decision applying spoliation sanctions in a patent infringement case, we will discuss practical tools, tips, and best practices to avoid spoliation sanctions even before parties enter litigation. This webinar will be relevant to outside and in-house counsel, and will discuss the opportunities and need for ongoing counseling regarding a client’s obligations to preserve evidence. While the webinar will focus on a recent patent infringement case, it serves as guidance for practitioners in all litigation specialties, and will highlight areas for fostering ongoing client communication.

$95.00Audio Tape Add to Cart

Trademark Counterfeiting in 2021 (02/17/2021)

Program Number: 3135 Presenter: Anthony F. Lo Cicero, Esq.

The old tactics of anticounterfeiting enforcement against street vendors and flea market operators have largely been replaced with online takedown notices, mass litigations against unnamed defendants and border enforcement. On the flip side, the “counterfeiting” label is being applied to activities different from what we have seen in the past, as reflected in the Second Circuit’s decision in Tiffany & Co. v. Costco Wholesale Corp. and elsewhere. Join Tony Lo Cicero, Managing Partner of Amster, Rothstein & Ebenstein as he discusses these developments and their likely impact for the future.

$95.00Audio CD Add to Cart

What is “Authorized Access” and How Do Employers Deal with Misuse of Access Credentials Post-VanBuren vs United States (02/03/2021)

Program Number: 3122 Presenter: Michelle A. Schaap, Esq.

As this summary is being written on December 1, 2020, the United States Supreme Court is considering the fate of the Computer Fraud and Abuse Act (“CFAA”) in Van Buren v. United States. CFAA had been used by employers in certain circuit courts successfully to hold employees accountable for misuse and/or misappropriation of employers’ data to which the employees were otherwise authorized to access in the course of their employment. At the time this program is presented, we expect the Court will have rendered its ruling in Van Buren. Regardless of the fate of the CFAA, employers can and should employ other means, statutorily, contractually, and technologically, to protect their trade secrets and other confidential and proprietary information from misuse, exfiltration and alteration. Moreover, for employers who are attorneys, they are ethically required to not only keep client information confidential, but to stay abreast technology that may facilitate the protection of

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To Embed, or Not to Embed, that is the Question (01/22/2021)

Program Number: 3114 Presenter: Michael D. Hobbs, Jr. Esq., Shaleen J. Patel, Esq.

A discussion on an increasingly tumultuous area of on-line copyright law. The discussion focuses on a trend where courts are increasingly allowing cases to proceed on the merits in instances of media publishers embedding, a practice of displaying content from one platform into another without actually hosting the underlying content. For years, such a practice seemed safe under the Ninth Circuit’s “server test.” However, districts in other circuits are rejecting that the server test is settled law and questioning the legality of embedding. As social media makes embedding content a more available feature, this broadcast discusses the risks of continuing to embed content without first acquiring permission and possible alternatives.

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To Trade Secret or Not to Trade Secret- That is THE Question! (06/10/2020)

Program Number: 3094 Presenter: David Postolski, Esq.

Keeping something secret is hard! Especially when it comes to what gives your business a competitive advantage. If you can legally and commercially manage to do this, then you can achieve Federal Rights for the first time in US history since 2016. This presentation will explore best practices, steps and strategies in ensuring that what you have as a trade secret can achieve maximum protection. This presentation will also explore the opposite of a Trade Secret, the Patent and the interplay between these types of intellectual property so that your clients can make an informed decision!

$95.00Online Audio Add to Cart

Drafting Licensing and Development Agreements to Avoid Expensive Legal Disputes (04/30/2020)

Program Number: 3054 Presenter: Raman N. Dewan, Esq., Christopher J. Rourk, Esq.

Drafting Licensing and Development Agreements to Avoid Expensive Legal Disputes. In Romag v. Fossil, the parties have found themselves heading to the Supreme Court to resolve a legal issue. Is that because there is a split in authority between the circuits, or because the agreement failed to protect against the dispute? This webinar will discuss key clauses where such disputes are likely to arise and will address due diligence and drafting best practices that can help to identify such issues and prevent extended and expensive litigation. Many of these issues relate to patents, copyrights, trademarks and trade secrets, and the webinar will help the general practitioner to identify the key issues pertaining to each of these four types of intellectual property and to avoid wasting time and negotiating positions arguing over issues that are not important.

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Overcoming Fintiv: Obtaining Institution Decisions From the PTAB in This New Age of Discretion (12/08/2020)

Program Number: 30287 Presenter: Kevin J. Boyle, Esq., Louis L. Campbell, Esq., Michael A. Tomasulo, Esq.

There’s no doubt about it. Convincing the PTAB to institute an inter partes review today is getting tougher. It’s no longer enough to just find killer prior art and draft a strong petition. With the rise of decisions like NHK Spring and Fintiv, now petitioners have to convince the PTAB that a the IPR would not be inefficient in view of parallel proceedings in the district court or the ITC. Overcoming NHK Spring and Fintiv, can be a challenge, but it’s not impossible. In this presentation, we will review the developing case law and discuss how some petitioners have been able to convince the PTAB to institute despite fast moving parallel district court proceedings.

$95.00Audio Tape Add to Cart

Foreign Trademark Filing Considerations and Pitfalls to Avoid (11/11/2020)

Program Number: 30251 Presenter: Neha Bhalani, Esq., Peter Nussbaum

U.S. trademark rights stop at the U.S. border. In order to be protected outside of the U.S., trademark rights must be obtained separately across territories. In this program, the presenters will discuss key considerations for foreign trademark filings including the differences between first-to-use and first-to-file jurisdictions, establishing trademark priority, and the different filing strategies and options for obtaining trademark protection abroad. The presentation will also touch upon some differences across territories on eligibility for trademark registration as well as the differing standards of likelihood of confusion. Finally, the presenters provide key takeaways and pitfalls to avoid when representing brand owners.

$95.00Audio Tape Add to Cart

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