December 5
Main Session
| December 4
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 Update
Lydia Parnes & Michael Rubin
Wilson Sonsini Goodrich & Rosati PC
For an increasing number of companies, the data they collect from their customers and users has become mission critical. Yet the rules governing that collection­and its use and disclosure­are complex and evolving at a daunting pace. At the same time, the risks associated with missteps have become more significant, and can have permanent repercussions. This session will explore the latest trends in privacy enforcement from federal and state authorities, the class action bar, and the raft of new legislation coming online. The focus will be on how these issues intersect with the latest "hot" privacy issues: online advertising and "do not track," mobile privacy, kids' privacy, data security, and data brokers.
CORPORATE & REGULATORY
10:30AM-11:15AM
Corporate Governance Update
Bruce McNamara
Haynes and Boone, LLP
Since 2000 there has been a push by academics, shareholder activists and proxy advisory firms to expand the concept of “corporate governance” to cover a broader array of topics and constituencies. This external push towards a broader definition of corporate governance creates challenges for in-house counsel as they formulate the advice they will provide to their boards of directors. This session will address current topics in corporate governance and how the shift towards a broader view of corporate governance impacts the guidance in-house counsel provides to their boards of directors.
CORPORATE & REGULATORY
11:15AM-12:00PM
Hot Topics in Securities Litigation and What You Can Do About Them
Jordan Eth/James Maroulis
Morrison & Foerster LLP/Oracle Corporation
This session will explore the risks posed by the new wave of “say on pay” proxy litigation and the increasing number of shareholder inspection demands under Delaware and California law. For each area, the panelists will offer concrete suggestions for managing and minimizing these risks. The panelists will also discuss the role forum selection clauses can play in protecting companies from duplicative securities litigation.
KEYNOTE ADDRESS
12:30PM-1:00PM
2013 Keynote Address: "The Pursuit of Happiness"
Dan Scheinman
Former SVP & General Counsel, Cisco Systems, Inc.
CORPORATE & REGULATORY
1:30PM-2:15PM
White Collar Update: A Major Shake-up in Enforcement Leadership Leads to New Priorities and Risks in the Year Ahead
Robb Adkins
Winston & Strawn LLP
In recent months both the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) have ushered in new leadership to address a perceived lack of corporate enforcement and regulation. As we enter the last two years of the current administration, these new leaders have staked their reputations on new enforcement initiatives. Specifically, Mary Jo White, the former head criminal prosecutor in New York City and new Chair of the SEC, has promised “bold” SEC enforcement, with new priority areas, and an important change in policy on forcing admissions of wrongdoing as a prerequisite to settlement. Leslie Caldwell, former director of the Enron Task Force, has been put forward to take over as the top criminal enforcement official at the DOJ and will be re-focusing the feds on corporate fraud enforcement areas that have not seen as much attention over the past six years. Come learn from Robb Adkins, who also previously served as an Enron prosecutor and as the top anti­fraud official in the current administration, as he explains the new enforcement priorities and risks that you and your company will face in the year ahead.
CORPORATE & REGULATORY
2:20PM-3:05PM
Reducing Litigation Risk and Expense through Effective E-Discovery Solutions
David Cross, Beatrice Nguyen & Jeane Thomas
Crowell & Moring LLP
As the volume and complexity of electronically-stored information increase by leaps and bounds, so do the cost and risk of discovery in litigation--especially with spoliation sanctions on the rise. But litigants have a variety of effective tools available to them to stem the tide. The greatest potential for reducing costs and improving accuracy may lie with predictive coding (or technology-assisted review), which is every bit effective as the hype when managed properly. Other tools include litigation readiness planning, automated privilege filters and techniques, non-waiver orders, and significant limits on discovery through negotiated or court-ordered protocols. And further relief is in sight with the anticipated amendments to the Federal Rules of Civil Procedure. Our panel of experts will provide practical guidance to help inhouse counsel greatly reduce expense and risk associated with ediscovery.
CORPORATE & REGULATORY
3:25PM-4:10PM
Antitrust Update
Christopher Hockett & Jon Leibowitz
Davis Polk & Wardwell LLP
This year’s Antitrust Update will be presented by Davis Polk partners Jon Leibowitz, former Chairman of the Federal Trade Commission, and Chris Hockett, current Chair of the ABA Antitrust Section. The session will address a wide range of hot topics and developments in antitrust and consumer protection, including (1) current merger enforcement priorities and trends; (2) strategies for dealing with government agencies investigating mergers and antitrust conduct; (3) standard-setting and the evolving antitrust implications of patent assertion entities; (4) investigations and focus areas for non-merger antitrust enforcement and litigation; and (5) China’s antitrust regulation and enforcement regime and what it means for Silicon Valley companies.
CORPORATE & REGULATORY
4:15PM-5:00PM
M&A Update
William M. Kelly & Mischa Travers
Davis Polk & Wardwell LLP
This discussion will focus on recent M&A trends and developments, particularly as they affect technology companies, in regards to: (1) Dealing with and preparing for activist shareholders; (2) Delaware law; and (3) Dealing with private equity firms as buyers and sellers.
LIFE SCIENCES
9:00AM-10:00AM
Life Sciences IP Portfolio Management - Maximizing the Value of IP Assets
Atulya Agarwal & Mark Kresnak
Dickstein Shapiro LLP
Intellectual property can be a life science company's most valuable asset - the bedrock that underlines a company's long-term success. Being able to strategically leverage the full value of those assets while navigating complex third party IP landscapes is absolutely essential for success in the biotechnology, medical device, diagnostics, and pharmaceutical sectors. This session will discuss strategies for maximizing the commercial value of a life sciences IP portfolio and will review significant considerations for developing and implementing successful IP procurement, protection and enforcement programs to maximize revenue and to accomplish a wide variety of other business objectives.
LIFE SCIENCES
10:30AM-12:00PM
Life Science Corporate Update/Life Science IP Litigation Update
Jake Handy, Matthew Rossiter, Michael Shuster, David Tellekson and Claire O'Callahan
Fenwick & West LLP
A checklist of the most important corporate and IP issues facing life science companies as they "clean up" in preparation for pending or potential acquisition (and, conversely, the most important issues for acquiring companies).
LIFE SCIENCES
1:30PM-2:15PM
FDA Update: Social Media Use By Life Science Companies
Joy Liu & Kellie Combs
Ropes & Gray
The promotion of prescription drugs and medical devices has been revolutionized in recent years not only by the advent of direct-to-consumer advertising, but also by the proliferation of social media tools such as message boards, chat rooms, Facebook, and Twitter. Now as never before, product manufacturers have a direct link to users and potential users of their products, and equally important, users have access to a wealth of product information and the ability to communicate with each other about their experiences in real time. Although FDA’s advertising and promotion regulations apply broadly to companies’ social media initiatives, they were developed decades ago and fail to address the unique issues associated with social media promotion; nevertheless, the Agency has directed several enforcement activities toward companies that have utilized social media tools to communicate about their products. This session will address the regulatory challenges posed by social media tools, explore FDA’s approach to enforcement in this area, and provide practical advice for companies to consider when developing their compliance strategies
LIFE SCIENCES
2:20PM-3:05PM
Product Liability Update for Life Science Companies
Cheryl Sabnis
King & Spalding
Product liability litigation continues to be a substantial threat to a life science company’s most valuable assets. While the war over pre-emption rages on, it is your company’s marketing efforts and sales representatives that are guiding plaintiffs and their attorneys around the defenses manufacturers traditionally have used to avoid liability for product-associated injuries. This session will discuss current trends in product liability litigation relevant to manufacturers of devices, pharmaceuticals, and biologics and offer practical advice for companies seeking to minimize liability and maximize their ability to defend against product liability claims.
LIFE SCIENCES
3:25PM-4:10PM
Privacy Update for Life Science Companies
W. Reece Hirsch
Morgan, Lewis & Bockius LLP
The compliance date for the HIPAA Final Rule has arrived, marking a new phase in healthcare privacy and security regulation and enforcement that will have a profound impact on a wide range of health care industry contractors and vendors, known as “business associates,” including many life sciences companies, health care technology companies and research organizations. This presentation will review what business associates need to know to operate in this new regulatory landscape, including: (i) steps to comply with new privacy and security obligations under the HIPAA Final Rule; (ii) who is and isn’t a business associate under the new rules; (iii) negotiating business associate agreements with customers; (iv) managing liability risks associated with security breaches; and (v) understanding new agency liability principles applicable to business associates and covered entities.
LIFE SCIENCES
4:15PM-5:00PM
FDA-Related Investigations
Daniel Dwyer
Kleinfeld, Kaplan & Becker, LLP
How can a life science company prevent its name from appearing on an FDA warning letter or a Department of Justice press release? This presentation will review the legal basis and remedies for a number of recent enforcement actions, and ways to steer clear of potential liability for: Failure to Correct Defects; Anti-Kickback Violations; GMP Violations; Off-Label Promotion; and Data Reporting Violations.
TECHNOLOGY AGREEMENTS
9:00AM-10:00AM
Scenes from an Open-Source Crisis
Robin Lee & Charles Schwab
Cooley LLP
Open-source software is pervasive. You can’t just ban it from your company. Sooner or later, you will have to wrestle with the murky gray issues surrounding copyleft contamination, license compliance, and instituting internal policies and controls to manage open-source software risk – often on an emergency basis. Join our speakers as they present a series of thrilling dramatic sketches that demonstrate practical methods for handling the most common open-source problems arising today, including (a) how to think about the legal risks of using an open-source package, (b) how to design effective open-source policies tailored to the needs of your company, and (c) what to do in case of noncompliance.
TECHNOLOGY AGREEMENTS
10:30AM-12:00PM
Anatomy of a Tech Agreement: Drafting & Negotiating Contracts Involving Digital Media Content
Stephen Fronk & Glenn Nash/Joe Ramirez/Oliver Breme
Sidley Austin LLP/Adobe Systems Inc./cleverbridge
in 2013 the average daily time spent consuming digital media will surpass traditional TV viewing for the first time among US adults. In large part, this is driven by the proliferation of Internet-connected mobile devices and the increasing array of digital content distribution service offerings. In this session, our speakers will deconstruct a digital content distribution agreement, illuminating the key points of contention between content owners and providers of consumer-facing digital content storage and distribution services and offering insights and potential solutions based on real-world negotiations, including: (1) the scope of rights granted; (2) privacy and data security obligations and risk allocations; (3) content protection obligations and risk allocations; and (4) service level commitments.
TECHNOLOGY AGREEMENTS
1:30PM-2:15PM
Contract Drafting for Dollars
Parag Gheewala
Wilson Sonsini Goodrich & Rosati PC
Are you, the contract negotiator, viewed as a roadblock to revenue generation? Are you continuously pressured to speed-up the process and simplify your contracts? If so, this session is for you. Based on helping a number of large companies simplify their contracts, this session will help you do the same. This session provides practical tips on how to simplify and shorten your contracts while striking a balance with the need for precision.
TECHNOLOGY AGREEMENTS
2:20PM-3:05PM
Effective and Efficient Contracting: Outsourcing Agreements
Gregg Kirchhoefer
Kirkland & Ellis LLP
This presentation will examine the purposes, types and available alternatives for outsourcing agreements, and then discuss negotiation strategies and practice tips for making the contract negotiation process for outsourcing agreements more effective and efficient, including: (1) what elements need to be understood at the start of negotiations; (2) how to appropriately view the negotiation process; (3) preparing for negitations; (4) identifying negotiation participants and escalation contacts; (5) addressing relationship factors and negotiation dynamics; (6) documenting agreement v. deferring issues; and (7) when to take a break or walk away.
TECHNOLOGY AGREEMENTS
3:25PM-4:10PM
Protecting Trademarks in Social Media and E-Commerce
Julia Anne Matheson/Stuart Smolen
Finnegan/Juniper Networks, Inc.
This session will cover trademark related matters generated by the social media revolution. In particular, we will discuss: (1) the important take-aways from the FTC’s Social Media Guidelines from 2013; (2) the impact of social media on the trademark clearance process; and (3) special considerations posed by trademark enforcement in the social media realm and corresponding best practices.
TECHNOLOGY AGREEMENTS
4:15PM-5:00PM
NDAs: Drafting Issues and Process Pointers
Randall Colson/Lisa Konie
Haynes and Boone, LLP/Adobe Systems Inc.
This session will cover troublesome drafting issues often encountered in nondisclosure agreements, and practical process pointers for the busy in-house lawyer.
ADVANCED IP
9:00AM-10:00AM
Preparing for the Inevitable: New Patent Reforms in Process
Katherine Kelly Lutton/Cynthia Bright/Christa Zado
Fish & Richardson, P.C./HewlettPackard/Cisco Systems, Inc.
The ink was barely dry on the America Invents Act before new demands for patent reform began rolling out of the White House, Congress, state legislatures and agencies determined to address growing concerns about the perceived shortcomings of America’s patent system. In this session, a panel including in-house IP counsel from two of the technology sector’s largest enterprises will join a high-stakes Silicon Valley patent litigator to explore the pending proposals and their potential impacts on the way Silicon Valley legal departments address IP issues.
ADVANCED IP
10:30AM-11:15AM
Inter Partes Review and Covered Business Method Reviews – A Reality Check
Wab Kadaba & Michael Pavento
Kilpatrick Townsend & Stockton LLP
Now part of the patent landscape for more than a year, what lessons have we learned about Inter Partes Reviews and Covered Business Method reviews and how can these proceedings be effectively incorporated into your patent strategy? This panel will examine critical features of IPR and CBM reviews, assess current filing trends and discuss lessons learned and practical considerations for your business. We will also discuss the use of IPR and CMB reviews in conjunction with litigation and the impact of the new rules on patent litigation strategy.
ADVANCED IP
11:15AM-12:00PM
Defending Against NPEs: Updates to Case Law and Strategies
Robert Artuz & James Isbester/Eric Hutchins
Kilpatrick Townsend & Stockton LLP/Oracle Corporation
Despite growing attention from Congress, the President, and the FTC, Non Practicing Entities filed more than half of all patent infringement lawsuits in 2012. As it has previously done when other branches of government make noises about intervening in its jurisprudence, the Federal Circuit and district courts have issued decisions responding to the rise of NPE litigation. In this program we will share updates on the changing landscape of NPE litigation, including recent decisions impacting NPE suits in particular and strategic options if/when you are contacted by an NPE.
ADVANCED IP
1:30PM-2:15PM
Tuning up Your Profits Through Patent Licensing
James Brelsford/Bernard Shek
Skadden, Arps, Slate, Meagher & Flom LLP/SanDisk Corporation
High-margin revenue is music to every CEO's ears, but identifying new sources is challenging. Increasingly, companies are singing a new song: IP monetization. Should your company consider an IP licensing program? What steps should a legal department take to conduct or expand such a program? Our panel will discuss these topics, including the pros and cons of direct licensing or outsourcing it to third parties such as patent assertion entities. You may already know enough to hum a few bars, but this panel could have the CEO and shareholders singing your praises.
ADVANCED IP
2:20PM-3:05PM
International Trade Commission Update
Rachel Krevans
Morrison & Foerster LLP
The relief available in Section 337 proceedings—an exclusion order coupled with cease and desist order—can be an extremely potent weapon against infringing companies and their distributors. But what is the likelihood of success, and at what cost? This ITC briefing will include the very latest in trends and recent ITC decisions from an attorney who has been involved in some of the highest profile proceedings before the commission. Rachel Krevans of Morrison & Foerster will discuss recent enforcement decisions, strategic considerations between bringing district and ITC actions, and advice on working with customs to enforce exclusion orders. She will also provide practical pointers when responding to third-party ITC subpoenas.
ADVANCED IP
3:25PM-4:10PM
IP and Tax – Managing Intercompany Licensing and Acquisitions
Paul DiSangro & James Ferguson
Mayer Brown LLP
In this presentation, IP and tax experts join to provide dual expertise, a balanced perspective, and practical solutions to common structures and issues encountered by large and small Silicon Valley companies. The speakers will address common IP holding company structures and tax planning (including intercompany licensing and cost sharing). The discussion will also touch on tax planning and IP enforcement goals and tensions, and offer solutions in the context of existing regulations and case law. Finally, acquisitions will be discussed, and ways in which IP and tax departments can work together to determine how the acquired IP or IP-owning target will best fit into the existing structure.
ADVANCED IP
4:15PM-5:00PM
The future of software and medical diagnostic patents in light of recent White House initiatives and Supreme Court opinions
Bernard Knight/Douglas Luftman/Michael Harms
McDermott Will & Emery/NetApp, Inc./Medtronic Cardiovascular
Medical diagnostics and software patents have been the focus recently of both the United States Supreme Court and the White House. The Court has breathed new life into the judicially created exceptions to patentability for abstract ideas and natural phenomenon. The White House has announced Executive Actions that must be taken by the USPTO to provide greater clarity to software claims and to combat the ability of patent trolls to hide their ownership of patents. In the Bilski and Mayo decisions, the Court has again rejected bright line tests in favor of a more flexible approach. Although this approach has left many patents in place, it is indeed difficult to interpret the Court’s decisions distinguishing patent eligible method claims from “abstract ideas” and “natural phenomenon.” These decisions make it difficult for the United States Patent and Trademark Office to provide instructions to examiners and for IP counsels to provide guidance to their clients. Bernie Knight, the former USPTO General Counsel, will discuss how the USPTO interpreted these decisions in providing guidance to examiners and in determining litigation positions before the United States Court of Appeals for the Federal Circuit. He also will discuss the USPTO’s role in implementing the White House’s Executive Actions regarding “High-Tech Patent Issues.” David Ruschke, Chief Patent Counsel at Medtronic CardioVascular will provide an expert view on the effect, if any, that the Mayo decision has had on the medical diagnostics industry. Doug Luftman, Chief IP Counsl at NetApp, will provide an insider’s view on the effect of the Bilski decision and the recent White House initiatives on the software industry.
HR/EMPLOYMENT LAW
9:00AM-10:00AM
Obama II: EEOC & DOL Enforcement Initiatives
Fred Alvarez & Eric Dreiband
Jones Day
With the President's re-election behind it, the Obama Administration at the Equal Employment Opportunity Commission (EEOC) and the DOL's Office of Federal Contract Compliance Programs (OFCCP) is fully staffed and executing on a broad agenda that it developed before the election. The EEOC is advancing an ambitious enforcement program built on its newly adopted Strategic Enforcement Plan, emphasizing allegations of "pattern and practice" discrimination and adverse impact theories, including its controversial guidance on criminal convictions and other background checks. The OFCCP is rolling out new strategies on compensation discrimination, expanding affirmative action requirements for disabled employees (including numeric "utilization" goals) and pursuing class-based hiring discrimination cases.
HR/EMPLOYMENT LAW
10:30AM-11:15AM
Breaking Up Is Hard to Do: Employment Separations and Releases
Linda Inscoe
Latham & Watkins LLP
Terminating employees and contractors involves consideration of a host of issues. What support do you have for the termination decision? How much do you need? What risks does this worker present? Does a termination put your company at risk of a suit for misclassification of a contractor? Does it put your company at risk for an employment class action suit? Should you offer severance for a release? If you do offer severance, there are additional considerations, including limitations on your ability to secure a release. This session will examine the practical and legal realities of terminating employees and contractors, and the legal limitations on your ability to cut off future claims.
HR/EMPLOYMENT LAW
11:15AM-12:00PM
Current Trends in Investigations
Debra Fischer
Bingham McCutchen LLP
Did you know that the NLRB does not want you to tell an employee to keep their participation in an investigation confidential? Are you up on the other legal developments affecting investigations? This session will explore how the NLRB, the EEOC, state agencies, the courts and legislature have impacted the manner in which investigators conduct their investigations over the past year. We will include a discussion of how the latest developments in anti-discrimination law may affect investigators and investigations. In addition to the basics, hear about current investigation trends established as a result of these developments.
HR/EMPLOYMENT LAW
1:30PM-2:15PM
The Secret to Recruiting and Retaining the Very Best and Brightest Talent
C. Matthew Schulz
Dentons
Where do you find the very best and brightest talent? How do you keep your valued employees? Silicon Valley employers need the very best and brightest talent to develop new technologies and successfully compete in the market. The global labor market includes not only talent home-grown in America, but also highly skilled professionals born outside the US. The secret to recruiting and retaining the very best and brightest talent includes meeting the immigration needs of those born in other countries, whether bringing newcomers to the US or transferring Americans to work abroad. This session will examine current US immigration laws to understand the tools we have to work with today. We will explore proposed changes to US immigration law and how this could dramatically change how employers compete for talent, including the "startup visa."
HR/EMPLOYMENT LAW
2:20PM-3:05PM
Wage & Hour Class Action Developments
Doug Dexter
Farella Braun + Martel LLP
Wage and hour class actions continue to proliferate in California. We will discuss recent court opinions potentially limiting the scope and availability of these actions. The session will address cases authorizing arbitration clauses that my limit availability of class litigation. We will also discuss court clarifications of the requirements to establish a class and substantive wage law. Finally, we will discuss the effect of recent legislation upon wage actions.
HR/EMPLOYMENT LAW
3:25PM-4:10PM
Employee Benefit Issues at 30,000 Feet -- And How to Keep Them There
Sarah Lowe & Mark Stember
Kilpatrick Townsend & Stockton LLP
What in-house counsel really need to know about employee benefits to avoid and manage material risk to the company. A company’s benefit plans – particularly 401(k) and health plans – can lead to litigation, government enforcement, adverse publicity and diminished morale. Knowing both the key pressure points and the essential steps for reducing those risks enables in-house counsel to manage the company's benefits-related risk profile. This presentation will discuss "flight plans" for [in-house] counsel with respect to 401(k) and health plans - including the evolving Affordable Care Act – highlighting what's essential to know in order to avoid and manage risk.
HR/EMPLOYMENT LAW
4:15PM-5:00PM
The Art and Science of Restrictive Covenants in California: What Can and Should Employers Do?
Daniel Pyne & Karen Reinhold
Hopkins & Carley
Employee mobility is an established feature of the workforce in Silicon Valley. This mobility presents challenges for employers, particularly technology companies, both when hiring employees and when those employees are departing. Employers use various types of restrictive covenants in employment agreements in an attempt to protect their confidential information and to prevent their former employees from unfairly competing with them. This session will review the state of the law regarding non-solicitation clauses, anti-poaching provisions, and “no-hire” provisions and will explore how these various restrictive covenants often play out in litigation for the hiring employer, as well as the employer losing the employee.

Please Note: Program details are subject to change without notice

Ivy Associates is a State Bar of California MCLE approved provider. The December 4-5, 2013 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 1 hour of special subject credit for Prevention, Detection and Treatment of Substance Abuse or Mental Illness That Impairs Professional Competence.

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