AGENDA OVERVIEW: October 15 SessionOctober 16 Session


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BREAKFAST TRACK - DAY 2
7:45AM-8:45AM
Sexual Harassment ­ A Panel Discussion ~ The Continuing Conversation: Yesterday/Today/Tomorrow
Veronica Gray/Marshall Anstandig/Alinka Flaminia/L. Song Richardson
Nossaman LLP/Digital First Media/Mellanox Technologies/University of California, Irvine School of Law
 Unfortunately, 2017-18 will most likely be remembered as the Year(s) of Sexual Harassment. Notwithstanding that AB 1825 mandated harassment prevention training in California in 2004, the statute was amended to require training on bullying and abusive conduct in 2015 (AB 2053), and recently to require training in 2018 on gender identity, gender expression, and sexual orientation (SB 396), harassment continues to permeate the workplace. Given the profound impact sexual harassment has on individuals and workplaces, it is time for change.

This presentation will address:

  • The need to reassess harassment prevention policies and training to ensure they are legally compliant, effective, and embraced;
  • Maintaining a workplace free of sexual harassment (as well as any other harassment and discrimination) where everyone feels safe and respected and understands that retaliation is unlawful;
  • The legal and practical considerations; and
  • How to: endorse a collaborative approach, stay ahead of this issue, and be game changers.
CORPORATE & REGULATORY
9:00AM-10:00AM
Antitrust Update
Kyle Mach
Munger Tolles & Olson LLP
 Companies know that colluding with competitors to fix prices, restrict output or allocate markets is per se unlawful under the antitrust laws and can result in serious civil liability and criminal penalties. Many companies thus wisely warn and train their employees about interacting with competitors. But in today’s evolving technology industry, it is increasingly difficult to wall off competitors as an antirust no-go zone. As customers expand into their suppliers’ businesses, and vice-versa, firms may be selling to the same companies with whom they compete for sales. Upstream suppliers are competing with their downstream distributors by selling directly to consumers over the Internet. And firms increasingly turn to joint ventures or other collaborations to try to keep up with the pace of innovation, challenge established market leaders and meet competition from state-supported firms abroad. As former rivals become collaborators, partners and customers as well, companies are interacting with their competitors in ways that can give rise to potential antitrust risk that fall outside existing compliance measures focused on preventing brazen collusion. This presentation will highlight the risks posed by seemingly innocuous and productive relationships with competitors and review strategies for mitigating these risks, including some practical tips for identifying which relationships pose risks that frequently go unnoticed.
CORPORATE & REGULATORY
10:30AM-12:00PM
The Expanding Influence of Corporate Venturing and the Evolving Role of Counsel in Creating Effective Investment Partnerships Between CVCs and their Portfolio Companies
Dawn Belt & Ian Goldstein/Raj Aji/Juliana Capata/Christine Lemke/Abigail Wen
Fenwick & West LLP/Bill.com/Workday, Inc./Evidation Health/Intel Capital Corporation
 The corporate venture capital (CVC) sector has experienced explosive growth over the past several years. According to Global Corporate Venturing, active CVC divisions grew by 70% over the past four years, from 687 in 2014 to 1,153 in 2017. Furthermore, CVC deals have steadily increased in the same time period with 2017 marking the first time total global CVC deal value eclipsed $100 billion. This panel of outside counsel, in-house counsel for CVCs and in-house counsel for venture-backed portfolio companies will explore the growth in CVC investment activity and influence, CVC investment strategies and approaches to key investment and partnering issues with portfolio companies, and the goals and objectives of portfolio companies in building investment partnerships with CVCs. Some of the topics will include:
  • The underpinnings of win-win investment partnerships between CVCs and portfolio companies
  • Best practices for solving the key investment transaction issues between CVCs and portfolio companies
  • Ongoing compliance and reporting requirements for portfolio companies with CVC investors
BANQUET LUNCHEON
Oct 16 12:00PM-1:30PM
Truth, Justice, and the American Way: The Critical Need for New Superheroes in Silicon Valley and Beyond
Eric Holder/Amy Weaver
Covington & Burling LLP/Salesforce
 A candid discussion between former U.S. Attorney General Eric Holder and Salesforce General Counsel Amy Weaver
CORPORATE & REGULATORY
1:30PM-2:15PM
Intellectual Property Issues in M&A Transactions: 5 Recent Scenarios
Sarah Schaedler
Kirkland & Ellis LLP
 This presentation will discuss a number of IP-related problems that recently came up in the M&A context, and options for keeping them from derailing your company's deal:
  • From OSS contribution to proprietary product
  • SaaS and source code escrow agreements
  • Employee contributions (Employee handbooks instead of invention assignment agreements) and contractor contributions
  • Founder contributions before entity formation
  • IP Registrations under "Small Entity Status"
CORPORATE & REGULATORY
2:20PM-3:05PM
California Consumer Privacy Act Update
David Navetta & Adam Connolly
Cooley LLP
 In June 2018, the California Legislature passed Assembly Bill 375 and enacted the California Consumer Privacy Act of 2018 (the “CCPA”). This sweeping law will impact a large number of businesses that collect or sell California residents’ personal information. In addition to stringent new compliance requirements, the law poses significant regulatory and class action risks. Companies in California, the United States, and around the globe, are analyzing this legislation and preparing to comply. Now that the dust has settled a bit it is time to dive deeper into the CCPA’s structure, requirements and potential impacts. During this session seasoned privacy lawyers will break down the CPPA, discuss its potential impacts and lay out what companies need to do to get ready and address the law.
CORPORATE & REGULATORY
3:30PM-4:30PM
Federal Investigations in 2018: How to Respond When The Government Comes Knocking and Why Compliance Conquers
Brian Stretch & Peter Huston/Saretta McDonough
Sidley Austin LLP/Intel Corporation
 In this presentation, two former Department of Justice counsel - a former U.S. Attorney for the Northen District of California and a former First Assistant U.S. Attorney - join with an in-house expert to share their perspectives for engaging, avoiding and predicting the DOJ's priorities for companies in the technology and life science sectors.
HR/EMPLOYMENT LAW
3:30PM-4:30PM
Federal Investigations in 2018: How to Respond When The Government Comes Knocking and Why Compliance Conquers
Brian Stretch & Peter Huston/Saretta McDonough
Sidley Austin LLP/Intel Corporation
 In this presentation, two former Department of Justice counsel - a former U.S. Attorney for the Northen District of California and a former First Assistant U.S. Attorney - join with an in-house expert to share their perspectives for engaging, avoiding and predicting the DOJ's priorities for companies in the technology and life science sectors.
HR/EMPLOYMENT LAW
9:00AM-10:00AM
The Supreme Courts Hath Spoken: How Should Businesses Deal With The Aftermath of Dynamex, Epic Systems, and Troester?
Paul Cowie & Patricia Jeng/Muizz Rafique
Sheppard Mullin Richter & Hampton LLP/Coinbase, Inc.
 The U.S. and California Supreme Courts have recently issued several game-changing decisions that will have significant ramifications for almost every business in California. Learn about the newest updates related to Dynamex, which set forth a new test for classification of employees in California -- how trial courts have since applied the ABC test, practical solutions that businesses have adopted to limit liability, and industries fighting back on the decision. Hear about how businesses are dealing with arbitration agreements after Epic Systems, potential legislation limiting mandatory arbitration agreements, other anticipated trends in light of the “me too” movement, and how that may impact class action waivers. And, delve into how Troester really impacts California’s de minimis rule. This session will discuss the practical approaches employers have adopted to deal with these recent decisions – and the inevitable PAGA actions that follow -- which are creating more challenges than ever for employers.
HR/EMPLOYMENT LAW
10:30AM-12:00PM
#PayMeToo: Navigating workplace harassment, pay equity and crisis management
Melinda Riechert & Grace Speights
Morgan, Lewis & Bockius LLP
 Media reports of workplace sexual harassment and pay equity gaps have captured the public and legislature's attention. As more sexual harassment claims come to light-with sometimes very public consequences-many employers are seeking a more proactive approach to reviewing harassment policies, response plans and practices, and workplace culture. In the current climate, it would be prudent for all organizations to assess risk factors and implement measures and policies to minimize risks related to workplace harassment and misconduct. Additionally, we will review trends in pay equity claims and litigation and consider potential areas of employee challenge to employers' pay practices. These issues, among others, have the potential of garnering significant backlash from the media and public, and we'll address best practices for managing a crisis if and when a situation occurs.
HR/EMPLOYMENT LAW
1:30PM-2:15PM
Global Employment in An Upside-Down World
Dean Fealk & Ute Krudewagen/Nicole Armstrong
DLA Piper/Pure Storage, Inc.
 This panel will address strategies to develop global workforce policies in a fast-changing (and sometime contradictory) world.  In particular, we will discuss strategies to tackle new legal developments impacting global workforces and the tension between implementing global policies that outline company policies and procedures in a consistent manner with the need for local law compliant policies and procedures that take into account local laws and cultures.  The types of issue we will address include:
  • Lessons (Un)Learned? global compliance – global codes of conduct, FCPA/Anti-bribery
  • Blowing in the Wind? whistleblower policies – including new rules and requirements in various EU jurisdictions
  • Know Thy Employee’s Data? data privacy & employee monitoring – what’s new after GDPR?
  • Avoiding the Spotlight of Shame? #metoo – harassment policies and procedures
  • The More Policies the Merrier? handbooks, work rules & internal regulations – do you need them?
  • Share and Shares Alike? benefits policies and practices – how about your stock compensation?
  • The Long Good-Bye? Liquidity Events and Exits - do you want global severance, performance management or change of control policies?
  • Globalization in Retreat? What is the possible fall-out of the trade war(s) – are your policies ready?
HR/EMPLOYMENT LAW
2:20PM-3:05PM
Managing Employment Issues in Mergers & Acquisitions
Seth Neulight
Nixon Peabody LLP
 Mergers and acquisitions are complex transactions that raise a variety of employment-related concerns and potential liabilities for both the buyer and seller. This presentation will provide an overview of key employment issues that arise in M&A deals and best practices for managing them.
TECH AGREEMENTS & E-COMMERCE
9:00AM-10:00AM
Pitfalls in Intellectual Property Licensing: Litigation and Transactional Perspectives and Lessons Learned
Andrew Thomases/Vani Suvarna
Ropes & Gray/Verily Life Sciences
 This presentation covers strategies and practice tips for drafting intellectual property licenses while keeping future litigation in mind. Transactional lawyers will learn about litigation risks associated with certain contract drafting strategies in order to maximize the chances of success during litigation or avoid costly litigation all together. Litigators will learn about the implications of various contract provisions that can influence trial strategy. Don't wait for the opposing party in litigation to tell you how you should have drafted that intellectual property license!
TECH AGREEMENTS & E-COMMERCE
10:30AM-12:00PM
Adventures in Blockchain-Friendly Commercial Transactions
Glynna Christian/Andrea Tinianow/Kevin Rothman/Jay Hull
Orrick, Herrington & Sutcliffe LLP/Global Kompass Strategies/American Express/Integra, Inc.
 Automating commercial agreements in whole or in part is taking a giant leap forward as companies around the world incorporate distributed ledger technology into contracts. In this presentation, a panel of counsel will discuss their successes, failures, and future plans for incorporating and accommodating revolutionary new tools for forming and executing contracts.
TECH AGREEMENTS & E-COMMERCE
1:30PM-2:15PM
Responding to Aggressive Auditing of Technology Licenses
Arthur Beeman & Joel Muchmore
Crowell & Moring LLP
 If your company is a customer of a major database management system vendor, odds are that you are currently in the middle of an audit, or will be in the near future. Unfortunately, the unprepared customer can be surprised by aggressive vendor auditing tactics, including unexpectedly expansive inquiries into system architecture, an eventual audit report that alleges unforeseen (and often hotly contested) licensing shortfalls, and a demand to correct in as little as 30 days.  Auditing policies by one major supplier can directly affect hundreds of thousands of business customers, including most of the Fortune 500, with downstream effects on broader markets.

Using Oracle licensing audits as a primary example, Arthur S. Beeman and Joel T. Muchmore, the lead attorneys in the Mars v. Oracle matter (the only publicly-filed complaint addressing Oracle's licensing and auditing techniques) will cover the following topics regarding licensing audits:
  • A typical audit "script," including the key role of a licensee's use of virtualization software;
  • The limit of a typical licensee's contractual obligation to respond to requests for litigation;
  • Responding to the audit report and findings;
  • Closing an audit without compromising a licensee's interests through restrictive replacement agreements;
  • Identifying potential remedies and protecting the record in the event of litigation; and
  • Licensor endgame (moving its licensees to its cloud hosting services).
TECH AGREEMENTS & E-COMMERCE
2:20PM-3:05PM
Risk Allocation – Drafting and Negotiating Effective Indemnity and Limitation of Liability Clauses in Commercial Contracts
Anthony Klein & J.D. Marple
Latham & Watkins LLP
 This presentation will provide practical tips to help you avoid some common pitfalls in core risk-allocation provisions. We will explore in particular indemnity and liability limitation provisions, and discuss best practices and negotiation strategies in the context of commercial contracts and IP licenses.
ADVANCED IP
3:30PM-4:30PM
Lessons in Trade Secret Law from Waymo v. Uber
Karen Dunn & Meredith Dearborn
Boies Schiller Flexner LLP
 Karen Dunn and Meredith Dearborn represented Uber in this year’s “battle royale” over trade secrets, Waymo v. Uber, which ended in a settlement after four days of evidence. Karen was co-lead trial counsel, and examined Travis Kalanick during Waymo’s case-in-chief; Meredith led the team of Uber’s lawyers working on the jury instructions, which would have blazed new ground on several underexplored areas in trade secret law. Their presentation will focus on three areas: (1) the key legal issues that the case explored, including the “fault line” between California’s strong public policy in favor of employee mobility and trade secrets; (2) how to try a trade-secrets case, particularly one in the media spotlight; and (3) a few practical tips on trade-secret issues for in-house practitioners. Expect a few war stories!
TECH AGREEMENTS & E-COMMERCE
3:30PM-4:30PM
Lessons in Trade Secret Law from Waymo v. Uber
Karen Dunn & Meredith Dearborn
Boies Schiller Flexner LLP
 Karen Dunn and Meredith Dearborn represented Uber in this year’s “battle royale” over trade secrets, Waymo v. Uber, which ended in a settlement after four days of evidence. Karen was co-lead trial counsel, and examined Travis Kalanick during Waymo’s case-in-chief; Meredith led the team of Uber’s lawyers working on the jury instructions, which would have blazed new ground on several underexplored areas in trade secret law. Their presentation will focus on three areas: (1) the key legal issues that the case explored, including the “fault line” between California’s strong public policy in favor of employee mobility and trade secrets; (2) how to try a trade-secrets case, particularly one in the media spotlight; and (3) a few practical tips on trade-secret issues for in-house practitioners. Expect a few war stories!
ADVANCED IP
9:00AM-10:00AM
The Patent Trial and Appeal Board: Trends and Developments
Matthew Argenti, Lora Green & Richard Torczon
Wilson Sonsini Goodrich & Rosati PC
 The PTAB has a prominent, but rapidly evolving role in the U.S. patent system. A panel including two former PTAB judges will explore developments, including two Supreme Court cases this year on Board patent reviews, Federal Circuit decisions that are rewriting assumptions about PTAB proceedings (even issues once thought to be unreviewable), as well as initiatives from the USPTO Director to reform how the Board works. The panel will also look at possible changes on the horizon that may affect how patent owners and challengers pursue their patent strategies.
ADVANCED IP
10:30AM-11:15 AM
Patent Litigation Damages Update
Cass Christenson/Nisha Mody
Dentons/OSKR, LLC
 The Federal Circuit has issued many recent decisions that dramatically impact how patent damages are calculated and what methodologies or evidence can support a damages claim for patent infringement. Expert witnesses often are caught in the cross-hairs, as virtually every patent case involves Daubert motions asserting that damages experts fail to comply with recent changes in the law. To navigate this evolving area, it is necessary to understand how courts are viewing attacks on damages experts and what issues are most important to recover or limit damages. This session will explore recent trends and developments concerning Daubert motions and damages experts that can make or break a patent case.
ADVANCED IP
11:15AM-12:00PM
Prosecution Update: What's the Matter with Patentability?
Christopher Eide
Dentons
 It’s not just you - prosecuting valid patents has become more difficult in recent years. Most notably, Alice and post-Alice 101 case law have created difficult and unpredictable examination before the USPTO with respect to the basic understanding of what is patentable subject matter. It’s important to understand what changes have occurred and may still occur in the coming years to position your patent applications to survive examination and possible litigation. This session will explore recent trends and developments at the USPTO and CAFC, with a focus on patentable subject matter.
ADVANCED IP
1:30PM-2:15PM
The IPRs' Impact on Trial
B.C. Boren & Sarah Guske
Baker Botts LLP
  Patent holders and patent challengers watch IPR statistics as carefully as Moneyball managers follow baseball stats, to divine trends in PTAB determinations. Seven years after its signing, the AIA continues to evolve through interpretation and applications. This presentation will discuss recent developments affecting how IPR impacts trial, and the implications for trial strategy going forward.
ADVANCED IP
2:20PM-3:05PM
Extraterritoriality: A Big Word That Just Got Smaller
Justin Hendrix & Jacob Schroeder
Finnegan
 Can your U.S. patent stop infringing conduct overseas? Although U.S. patent rights generally do not extend beyond the borders of this country, sometimes activity overseas may be infringing, such as when a component of a patented invention is supplied from the United States. When building a supply chain and drafting patents, companies should consider how the U.S. patent system may be used to reach foreign conduct and the available remedies. The governing law continues to evolve, with the Supreme Court recently deciding in WesternGeco that damages for infringement may sometimes include foreign lost profits.

Program details are subject to change without notice

Following the 2018 All Hands Meeting, recorded presentations for all California State Bar required subject areas will be made available to attendees, enabling them to self-schedule additional participatory credit for qualifying online presentations providing: 2 hours of credit for Legal Ethics, 1 hour of credit for Elimination of Bias, and 1 hour of credit for Competence Issues.

Ivy Associates is a State Bar of California MCLE approved provider. Live program qualifies for a maximum of 13.5 hours of participatory credit, including 1 hour of credit for Legal Ethics and 1 hour of credit for Elimination of Bias. Recorded program will make available presentations qualifying for at least 4 hours of participatory credit, including 4 hours of Legal Ethics, 1 hour of Elimination of Bias, and 1 hour of Competence Issues. IAPP CPE Approved Credits.

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2018 Participating Law Firms & Companies