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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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 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.
12:00 PM-1:30PM
Welcome & announcements
2014 Keynote Address
Thomas McCoy
CH2RM Hill
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.

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.
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.
FDA UPDATE: Essential Knowledge Pharmaceutical and Medical Device Companies Need for 2015
Ellen Darling & Carol Pratt
K&L Gates LLP
 Recent developments at the FDA have implications for pharmaceutical and medical device companies that make preparation for 2015 absolutely necessary. This FDA update session will cover key topics of interest to a diverse range of medical device and pharmaceutical companies.
  • The Internet and various social media platforms have increasingly enabled drug and device manufacturers to more actively engage with consumers and healthcare professionals. These communications are still subject to FDA oversight. We will discuss keeping your company apprised on the FDA’s recent guidance on communications using social media and some recommended best practices.
  • Learn about recent cases addressing the preemption of FDA regulations and how they impact your safety department’s policies and procedures, as well as your labeling and litigation strategy.
  • The FDA has adopted new views on the regulation of software used in the healthcare IT industry (medical devices used to manage medical data and/or images and mobile medical applications). Knowing whether your software is or is not a medical device is critical for budgeting development costs and ensuring regulatory compliance.
  • Lastly, we will discuss FDA’s proposed regulation of laboratory developed tests (LDTs) and how that could affect current LDTs and the development of new LDTs.
Life Science Corporate & IP Update
Gabriel Gross, Judith Hasko & Mark Roeder
Latham & Watkins LLP
 This double update on corporate and IP developments and trends affecting life science companies will discuss:
  • 2013-2014 trends in biotech collaborations, IPOs and M&A
  • Equity considerations in collaborations
  • Change of Control considerations
  • Standstills
  • Patentable Subject Matter in Life Sciences
  • Challenging Life Sciences Patents at the Patent Trial and Appeal Board
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.
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.
Cross-Border Considerations in Life Sciences: Canada
Vanessa Grant
 Canada is open for life sciences business! In this fast-paced hour, participants will hear about the current regime for life sciences investments in Canada. The session will cover:
  • Key "Canadian" points to watch out for in cross border life sciences transactions
  • Current trends in venture capital investment in Canada
  • The regulatory regime for therapeutic approvals
  • Employment standards in Canada
  • Venture capital term sheets and deal terms
  • Key issues in mergers and acquisitions
Business Risk Management Update: Lessons Learned from the "Scariest Decision" of 2014
Christopher J. Banks, Roland Chippey, II, 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.
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.
Doing Business With The Government: How To Make It A Painless & Profitable Experience
Gail Zirkelbach
Crowell & Moring LLP
 Government contractors face significant regulations that, if misunderstood or misapplied, could have a direct impact on your company’s bottom-line. Consider this presentation a basic tool for guiding technology companies who are or may be government contractors through the complex federal regulatory maze. The discussion will cover these areas:
  • What should those companies who contract with the government, or are contemplating doing so, know?
  • What federal regulations impact Bay Area businesses who would like to access Federal funds?
  • How can companies take advantage of the opportunities Federal contracting provides without exposing themselves to potential downside risks?
This lively discussion of the key issues facing government contractors in 2014 and beyond will explore how to make your dealings with the Federal Government both painless and profitable.
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
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.
Trade Secret Theft Today: Protecting Your Company from International Threats
A. Marisa Chun & Eric Hagen/Andrew J. Pierce
McDermott Will & Emery LLP/Federal Bureau of Investigation
 As U.S. companies create products and services that are increasingly enjoyed around the world, the pace of trade secret theft and economic espionage from Asia-based threats is accelerating as well. Hear from trade secret theft experts at the FBI and in the private sector about the emerging trends in cross-border trade secret theft, best practices to prevent and mitigate such theft, and some of the legal and business issues you should consider if presented with a suspected incident of trade secret theft.
Current Topics in Employee Mobility Law: Restrictive Covenants, Non-Solicitation Agreements and Trade Secret Litigation
Ulrico Rosales/Seth Weissman
Wilson Sonsini Goodrich & Rosati PC/SolarCity
 This joint presentation by inside and outside counsel will discuss recent developments and trends affecting the mobility of employees at Silicon Valley companies:
  • High-Tech Employee Antitrust Litigation
  • Restrictive Covenants After Arthur Andersen
  • Current Topics in Trade Secrets: Symantec study; Bad faith in trade secret lawsuits; USTA preemption; Social media accounts and information as trade secrets; NLRB and confidentiality policies/provision
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.
Unlimited PTO Policies: Analyzing This Prominent Trend, Its Advantages and Potential Landmines
Daniel McCoy
Fenwick & West LLP
 Employers, especially in Silicon Valley’s tech sector, are implementing no-accrual time off policies, a/k/a “honor,” “unlimited,” or “freedom” policies, at a significant rate. This presentation will explore the legal and practical advantages, and potential pitfalls, of this new approach to time off from work. The discussion will include how to shift from a traditional accrual model to this new approach; the sometimes thorny intersection between sick and other leave laws and no-accrual policies; and options for how to deal with historical accrual balances on the books.
Wage & Hour Update: Litigation and Compliance
Adam P. KohSweeney
O'Melveny & Myers LLP
 Wage/Hour regulation continues to be a moving target, especially for companies with the kind of fluid workforce structures commonly found in the technology sector. This presentation will discuss new developments and trends in:
  • New Minimum Wage & Minimum Salary Requirements
  • Recognizing and Documenting Commission Plans
  • Properly Calculating the Regular Rate
  • Statistical Evidence Post-Dukes/Duran
Patent Damages and Attorneys’ Fees Update
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.
Two Years of the PTAB: Tales from In-House and Outside Counsel
Erika Arner, M. Paul Barker, Aaron Capron & Kathleen A. Daley/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.
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.
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.
APJs and the Evolving Landscape of IPRs, CBMs and PGR
Katherine Kelly Lutton & W. Karl Renner
Fish & Richardson, P.C.
 This moderated discussion with a panel of Administrative Patent Judges will discuss the landscape in terms of IPRs, CBMs and PGR. What is the USPTO doing to manage these post-grant procedures? What are they seeing and what do the statistics really tell us (or not tell us)? Panelists (pending expected USPTO ethics clearance): PTAB Judges Clements, Hulse, and Ippolito.
Multijurisdictional IP issues
David Barron/C.J. Veverka & David R. Wright
Wragge Lawrence Graham & Co LLP/Maschoff Brennan
 In this interactive presentation (audience participation encouraged!) our speakers will discuss their experiences of some key pitfalls which can arise in multi-jurisdictional patent litigation unless appropriate care is taken. Our speakers will focus on the common situation where there are concurrent proceedings in both the US and Europe. Particular topics to be addressed – war stories guaranteed! - include:
  • Use of evidence obtained in one jurisdiction in another, foreign jurisdiction
  • The impact of protective orders between jurisdictions (including prosecution bars)
  • Preserving privilege in communications with non-US counsel
  • The EU's highly-restrictive approach to privilege for in-house counsel
  • Differing approaches to the preservation of confidential material between the US and Europe
Our speakers from EU (Wragge Lawrence Graham & Co) and US (Maschoff Brennan) based practices have successfully coordinated cross-border patent actions in the US and Europe.
The Changing Landscape For Proving and Defending Against Claims of Inducing Patent Infringement
Robert Kramer
 This presentation will feature a moderated panel of in-house counsel discussing recent developments in the changing landscape for proving and defending against claims of inducing patent infringement that may significantly impact your exposure (or recovery) in patent litigation. The ground has shifted, with the U.S. Supreme Court weighing in on the requirements for proving inducement to infringe patents in a June 2014 decision in Limelight Networks, Inc. v. Akamai Technologies, Inc., reversing an en banc Federal Circuit decision. The panel will provide an update on the current status of the law and practical implications regarding the circumstances in which patents may be infringed by business partners and your company may be accused of inducing infringement based on how it structures its relationships and business interactions with its suppliers and customers.

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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