November 7
Main Session
| November 6
Special Subjects Session
 


AGENDA OVERVEW: For program details, hover cursor over segment or select track agenda at left side of page

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CORPORATE & REGULATORY
9:00AM-10:00AM
Privacy and Data Security Update
Jonathan Blavin & Rosemarie Ring
Munger Tolles & Olson LLP
 An overview of the year’s most significant developments in privacy and data security law, including:
  • The recent wave of Video Privacy Protection Act class actions brought against media companies based on disclosures to third party data analytics companies and social networking sites
  • The legal, privacy, and data security implications of the evolving world of the Internet of Things and Big Data
  • The state of play in the so-called email “scanning” class actions
  • Data breach and class action settlements keep getting larger – what does this mean for insurance?
  • What the EU’s right to be forgotten means for U.S. tech companies
CORPORATE & REGULATORY
10:30AM-12:00PM
Corporate Update
Sharon Flanagan, Holly Gregory & Matthew Johnson
Sidley Austin LLP
 A discussion of recent developments and hot topics in corporate governance and executive compensation, including:
  • Understanding the institutional shareholder corporate governance reform wish list: majority voting, proxy access, universal proxy, one share/one vote, auditor disclosure and rotation, disclosure of corporate political and lobbying activity, disclosure on sustainability;
  • Trends in shareholder activism and engagement;
  • Trends in bylaw amendments;
  • Compensation-related litigation and how to minimize those risks;
  • Compensation disclosure innovations – getting beyond techniccal compliance;
  • Compensation guidelines of institutional shareholders and advisors;
  • Other hot topics: enhancing industry and other expertise on boards, board refreshment mechanisms, diversity, independent board leadership, developments in other countries that could impact governance in the U.S.
KEYNOTE ADDRESS
12:30PM-1:00PM
2013 Keynote Address
Thomas McCoy
 
CORPORATE & REGULATORY
1:30-2:15PM
The Gathering Storm: The Use of the China Anti-Monopoly Law to Reset the Power Matrix in Intellectual Property Rights
H. Stephen Harris
Winston & Strawn LLP
 As China's Anti-Monopoly Law and enforcement activities by agencies and courts develop, companies with valuable intellectual property must understand recent developments and ongoing investigations that raise the specter of a possibly expansive constraint on the exclusionary rights of patent holders, and possible applications of the AML that could devalue Standard Essential Patents. Steve has represented, and continues to represent, numerous leading high technology companies in dealing with existing and potential threats to the value of their core IP posed by this ongoing evolution in the authorities' application of the AML in the IP context.

CORPORATE & REGULATORY
2:20PM-3:05PM
Divestitures
Douglas Cogen & Mark Stevens
Fenwick & West LLP
 Divestitures prove far more challenging than most acquisitions. This presentation will discuss the key issues and structural considerations involved in separating a business as well as practical approaches to efficiently navigating a divestiture transaction, managing multiple critical functions, avoiding surprises or roadblocks, and performing due diligence.
CORPORATE & REGULATORY
3:30PM-4:30PM
Foreign Corrupt Practices Act: Managing and Minimizing Risks in the Global Business Environment
Thomas DiBiagio & Jeffrey Silk
Baker Botts
  Corporations who participate in United States capital markets are expected to conduct their global operations according to the highest ethical and legal standards. The United States Department of Justice has expressed this expectation through the aggressive international enforcement of the Foreign Corrupt Practices Act and anti-competition laws. These enforcement actions have resulted in the imposition of substantial criminal penalties, injury to corporate reputation and imprisonment for senior management. The government has indicated that the scope of this compliance obligation includes not only direct acts but also action taken by corporations through third-party agents and joint ventures. Drawing on his twelve years of experience as a federal prosecutor, Tom DiBiagio will provide a practical guide as to how companies can meet these expectations and manage the risks of conducting global operations. As a former federal agent involved in numerous intelligence and law enforcement operations in China, Hong Kong, Thailand and other areas, Jeff Silk will provide unique insights as to what companies can do to avoid missteps when operating in high risk regions. Both Tom and Jeff will conclude by outlining steps that should be taken as part of any due diligence on third-party agents, joint ventures and senior management hires.
LIFE SCIENCES
9:00AM-10:00AM
FDA Update
Ellen Darling & Carol Pratt
K&L Gates LLP
 
LIFE SCIENCES
10:30AM-12:00PM
Life Science Corporate, Commercial & IP Update
Gabriel Gross, Judith Hasko & Mark Roeder
Latham & Watkins LLP
  .
LIFE SCIENCES
1:30PM-2:15PM
They Said Our Drug or Biologic is “Suspect” ­ What Now?
Christina Markus & Elaine Tseng
King & Spalding
 Effective January 1, 2015, the Drug Supply Chain and Security Act (“DSCSA”) places new obligations on pharmaceutical and biopharmaceutical manufacturers and distributors to quarantine and investigate “suspect” products, and to notify both regulators and trading partners about “illegitimate” products identified in the supply chain. This panel will lead a case study to help in-house counsel advise on the new regulatory obligations, evaluate whether operating systems are structured to support compliance, and consider whether contractual relationships and business terms should be updated to streamline communications, coordinate activities, and allocate risks.
LIFE SCIENCES
2:20PM-3:05PM
LS Privacy Update
Andrew Serwin
Morrison & Foerster LLP
 A discussion of privacy, behavioral advertising, cyber-security, and many other topics related to information management by life science companies.
LIFE SCIENCES
3:30PM-4:30PM
Gowlings
 
TECHNOLOGY AGREEMENTS
9:00AM-10:00AM
Business Risk Management Update: Lessons Learned from the "Scariest Decision" of 2014
Christopher J. Banks, Roland Chippey III, Benjamin Pensak & Benjamin P. Smith
Morgan, Lewis & Bockius LLP
 The California Supreme Court denied review of a $407 million judgment (including approximately $360 million in lost-profit damages), arising from a Swiss drugmaker's acquisition of a California biotech startup. Some observers have predicted that the opinion affirming the judgment will cause a wave of lost-profit litigation and discourage companies from participating in mergers and acquisitions. This session will examine the implications of this decision in the context of potential tort liability and the drafting of licenses, joint development agreements, and M&A transactions as well as provide an update on lost-profit damages law and indemnification issues.
TECHNOLOGY AGREEMENTS
10:30AM-12:00PM
Privacy, Security and Knowledge Asset Protection in Tech Agreements
Jon Neiditz & James Steinberg
Kilpatrick Townsend & Stockton LLP
 Allocation of rights and risks around personal information and other knowledge assets is being shaken up in technology contracts as the value and criticality of those assets are growing, and as risk transfer through insurance becomes more difficult. Knowledge assets are where big data and privacy meet, benefitting both. So, what should be the standards now for ownership and licensure of raw and cooked data, and for allocation and limitation of liability? We will hammer out answers from the perspectives of vendors and customers, both where privacy does not matter so much and where it is becoming central.
TECHNOLOGY AGREEMENTS
1:30PM-2:15PM
Government Contracts
Gail Zirkelbach
Crowell & Moring LLP
 
TECHNOLOGY AGREEMENTS
2:20PM-3:05PM
Open Source in M&A
Andrew Hall/Matt H. Jacobs
Fenwick & West LLP/Black Duck Software, Inc.
 This presentation will discuss defined strategies and processes for evaluating open source issues and software assets within the scope of corporate mergers and acquisitions, including:
  • Why technical due diligence is important in software company M&A transactions
  • What steps are involved in the diligence process
  • Challenges and common concerns of acquirers and investors
  • Risk allocation - reps and warranties, disclosure schedule, closing conditions
  • Coordinating resolution of technical and legal issues - remediation plans and other solutions
TECHNOLOGY AGREEMENTS
3:30PM-4:30PM
The Internet of Things
Stephanie Sharron/Vineet Shahani
Morrison & Foerster LLP/Nest Labs - Google
 We live in a connected environment, where everything from our appliances, to the cars we drive, the things we wear and the medicine we take is “connected.” Nearly every company, whether consumer-facing or not, is or will be impacted as this connectivity increases. Learn why the “Internet of Things” is creating so much excitement and how to avoid common pitfalls, as we discuss the issues associated with these emerging technologies.
HR/EMPLOYMENT LAW
9:00AM-10:00AM
Employee Trade Secrets in Asia
A. Marisa Chun & Eric Hagen/Andrew J. Pierce
McDermott Will & Emery LLP/Federal Bureau of Investigation
 
HR/EMPLOYMENT LAW
10:30AM-12:00PM
Employee Mobility
Ulrico Rosales/Seth Weissman
Wilson Sonsini Goodrich & Rosati PC/SolarCity
 
HR/EMPLOYMENT LAW
1:30PM-2:15PM
Hiring and Firing: What’s on the Horizon for 2015?
Tamara Devitt
Haynes and Boone, LLP
 This presentation will feature an interactive discussion on several hot button "hiring and firing" employment law issues for 2015: The EEOC's agenda for severance agreements and employee background Checks; also, the implications of the California Supreme Court decision Iskanian v. CLS Transportation LLC, upholding the enforceability of class action waivers.
HR/EMPLOYMENT LAW
2:20PM-3:05PM
Unlimited PTO Policies: Analyzing This Prominent Trend, Its Advantages and Potential Landmines
Daniel McCoy
Fenwick & West LLP
 
HR/EMPLOYMENT LAW
3:30PM-4:30PM
Eric Amdursky/Ron Johnstone
O'Melveny & Myers LLP/Yahoo! Inc.
 
ADVANCED IP
9:00AM-10:00AM
Royalty Damages in Patent Litigation
Vera Elson & Ed Poplawski
Wilson Sonsini Goodrich & Rosati PC
 Join us for a damages update on issues that may significantly impact your exposure (or recovery) in high-stakes patent litigation. The panel will provide an update on the current status of the law and practical implications regarding: (i) the changing landscape for pursuing royalty damages; and (ii) key developments on lost profits damages. This will include dramatic changes in conventional royalty assessment, the evolution of alternative ways to determine royalties, and challenges to allowing presentation of royalty methodologies to a jury.
ADVANCED IP
10:30AM-12:00PM
Two Years of the PTAB: Tales from In-House and Outside Counsel
Erika Arner, M. Paul Barker & Aaron Capron/Lisa Buccino/Renny Hwang/Kirupa Pushparaj
Finnegan/SAP/Google Inc./Square, Inc.
 In the two years since the first filings of petitions for inter partes review and post-grant review of covered business method patents, practitioners have pioneered through untested procedures, learned myriad lessons, and recalibrated strategies in response to the new realities of patent practice. There is much more to come as the first post-grant review cases enter the process and the Federal Circuit rules on Patent Trial and Appeal Board (PTAB) decisions. This session brings together panels of in-house and outside counsel to share their insights and best practices in this exciting new arena.
ADVANCED IP
1:30PM-2:15PM
Patent Office Litigation By the Numbers: How effective are the new procedures for resolving litigation? And how dangerous are the new procedures to your own patents?
Wayne Stacy/Molly Kocialski
Cooley LLP/Oracle America, Inc.
 The America Invents Act implemented new proceedings for reviewing the patentability of issued patents. These new procedures have already profoundly changed patent litigation and patent prosecution. But change does not necessarily correlate with effectiveness. How effective are these procedures in resolving patent litigation? And do they pose a threat to your own patents? Too often these questions are answered based on hyperbole and personal, past experiences with patent litigation. Drawing from a proprietary dataset of over 150,000 data points culled from the Patent Office records, this presentation provides objective answers about the effectiveness of using AIA proceedings to challenge patents and the risks they pose to your own patent portfolio.
ADVANCED IP
2:20PM-3:05PM
Surviving PTAB Trials as a Patent Owner: How to Protect Your IP Portfolio Value Against The PTAB "Death Squads"
Eliot Williams
Baker Botts
 The creation of adversarial Trials before the Patent Trial and Appeals Board in the 2011 America Invents Act was in response to numerous complaints over the last decade that the ex parte patent examination process was leading to the issuance of low quality patents, which were impeding innovation and raising litigation costs for industry participants. For this reason, the panels of judges hearing these PTAB Trials have been called "death squads, killing property rights." The PTAB’s Chief Judge has reportedly agreed (in part) with that characterization, saying that the AIA “calls on” the PTAB to be “doing some ‘death squadding.’ ” Accordingly, the existence of the PTAB Trial procedure potentially threatens the value of many sizable patent portfolios. In this session, presenter Eliot Williams, who testified before the House Judiciary Committee in its hearings regarding implementation of the AIA, will analyze strategies that have been successful for patent owners in PTAB trials to-date. Mr. Williams will also discuss strategic procedural options for the Patent Owner to consider -- such as reissue proceedings to impede the PTAB’s jurisdiction, terminal disclaimers to avoid application of the "broadest reasonable interpretation" of disputed claim terms, and other ex parte patent prosecution strategies that may help the patent owner minimize the potential disruption that a PTAB Trial could have on IP portfolio value and patent enforcement programs.
ADVANCED IP
3:30PM-4:30PM
APJs and the Evolving Landscape of IPRs, CBMs and PGR
Katherine Kelly Lutton & W. Karl Renner
Fish & Richardson, P.C.
 Fish & Richardson Chair of the Post-Grant Practice Karl Renner and Fish & Richardson Silicon Valley Patent Litigator Kathi Lutton will moderate a panel of APJs on the landscape in terms of IPRs, CBMs and PGR. What is the PTO doing to manage these post-grant procedures, what are they seeing and what do the statistics really tell us (or not tell us).
ADVANCED IP
1:30PM-2:15PM
Multijurisdictional IP issues
David Barron/C.J. Veverka & David R. Wright
Wragge Lawrence Graham & Co LLP/Maschoff Brennan
 
ADVANCED IP
2:20PM-3:05PM
Robert Kramer
Dentons
 

Please Note: Program details are subject to change without notice

Ivy Associates is a State Bar of California MCLE approved provider. The November 6-7, 2014 program qualifies for a maximum of 14 hours of total credit, including a maximum of: 4 hours of special subject credit for Legal Ethics; 1 hour of special subject credit for Elimination of Bias in the Legal Profession and Society; and 1 hour of special subject credit for Substance Abuse/Mental Issues/Physical Issues Impairing Professional Competence.

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