AGENDA OVERVIEW: October 17 SessionOctober 18 Session


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

Click for detailed track agenda Click for detailed track agenda Click for detailed track agenda Click for detailed track agenda Click for detailed track agenda Click for detailed track agenda
BREAKFAST TRACK - DAY 2
7:45AM-8:45AM
Eliminating Bias In The Legal Profession And Society
Monica Phillips/Edward Lopez/Shahzia Rahman/Keith Walton
DLA Piper/LopezAdela/Juniper Networks, Inc.
 Whether or not bias and stereotypes are an inevitable part of the way we think, what can and should be done to recognize and deal with bias in the legal profession?
CORPORATE & REGULATORY
9:00AM-10:00AM
DC Regulatory: Spotlight on Antitrust and CFIUS
Jamillia Ferris & Beth George
Wilson Sonsini Goodrich & Rosati PC
 New administrations are expected to bring new priorities to the regulatory arena, but it takes time for patterns to emerge. This presentation will review the expected changes and emerging trends in current U.S. antitrust and CFIUS policies and priorities, with a particular focus on the regulatory environment for M&A in the technology sector.
CORPORATE & REGULATORY
10:30AM-12:00PM
Designing Joint Ventures: Managing Legal, Governance, Tax and Capital Complexity
Stephen Salmon, Ron Cami, Rachel Kleinberg & Michelle Ontiveros Gross
Davis Polk & Wardwell LLP
 Our multidisciplinary panel of attorneys will present a joint venture case study which highlights the complex legal, governance, finance, and tax issues to be addressed at the establishment of a joint venture to maximize the prospect of a successful partnership. The panel will discuss key considerations in joint venture formation, including legal structure alternatives, governance and control protocols, capital contributions and calls, allocating financial and legal liabilities, and exit rights.
BANQUET LUNCHEON
Oct 18 12:00PM-1:30PM
Keynote Address
Benjamin Powell
WilmerHale
 
CORPORATE & REGULATORY
1:30PM-2:15PM
Corporate Governance Update
Kathleen Wells & Tad Freese
Latham & Watkins LLP
 This year’s Corporate Governance Update will cover topics ranging from shareholder activism trends and proxy advisor policies regarding structural and procedural defenses, including for IPO companies, recent examples of non-voting and limited voting stock structures used by tech companies, director independence and related case studies, cyber security, pay ratio disclosure, recent SEC announcements regarding confidential submissions and more. The presentation will focus on best practices with practical examples of challenging governance situations.
CORPORATE & REGULATORY
2:20PM-3:05PM
For this I went to law school? In-house counsel as risk manager
Tyler Gerking & Erica Villanueva/Christine Hiler
Farella Braun + Martel LLP/Lyft, Inc.
 As companies restructure or streamline their operations, in-house counsel must manage an ever-broadening array of tasks. One of the many functions migrating into corporate law departments is risk management – assessing the company’s insurance requirements, purchasing adequate insurance coverage and managing insurance claims. While these tasks may seem like an odd fit within the corporate law function, good risk management is often intertwined with tasks that are clearly within the province of the legal department. Understanding that an effective risk management strategy will always depend on strong external support from insurance brokers and insurance coverage counsel, in-house counsel must understand their companies’ risk profiles and goals, as well as learn to delegate effectively various tasks to the correct internal resource or external service provider. In this presentation, we will provide suggested guidelines and best practices for in-house counsel handling the risk management function, particularly in today’s cyber-focused environment.
CORPORATE & REGULATORY
3:30PM-4:30PM
Stop Thief! or All's Fair In Love, War and Employee Mobility?
Carolyn Luedtke & Laura Smolowe
Munger Tolles & Olson LLP
 Crimestopper Tips for protecting trade secrets and protecting against claims of trade secret theft, with an emphasis on the impact and application of the 2016 Federal Defend Trade Secrets Act.
HR/EMPLOYMENT LAW
9:00AM-10:00AM
Only In San Francisco - Unique Laws for San Francisco Employees
Wendy Lazerson
Sidley Austin LLP
 This session will explore new developments in unique laws that impact Silicon Valley- based employers who have employees working in San Francisco.
HR/EMPLOYMENT LAW
10:30AM-12:00PM
Avoiding, Defending, and Defeating Class Wage & Hour Class Actions
Veronica Gray & Allison Callaghan/G. Edward Anderson, Ph.D./Eric Kingsley
Nossaman LLP/Welch Consulting/Kingsley & Kingsley
 So you thought your company was compliant and immune to a wage and hour class action and PAGA representative action. One of the biggest challenges in California is avoiding being a target of such an action. Wage and hour class actions still outpace every other type of workplace class action. In 2016, the top ten class action wage and hour settlements totaled $695.5 million. They significantly impact corporate financial statements. This panel discussion will first address recent legal developments in wage and hour class actions and PAGA followed by a discussion of effective measures to avoid, defeat and defend such actions. It will cover best practices in conducting an audit at your company and defending a wage and hour class action. The interactive panel will consistent of both plaintiff and defense counsel as well as outside consultants.
HR/EMPLOYMENT LAW
1:30PM-2:15PM
Navigating State Laws Concerning Recreational and Medicinal Use of Marijuana
Joseph Torres
Winston & Strawn LLP
 The ongoing, and seemingly unresolvable, conflict between state laws liberalizing the use of medicinal and recreational marijuana, and federal efforts to crack down on marijuana use presents a perfect storm for employers. This session will delve into the competing legal and practical considerations that employers must balance in crafting workable policies, and review recent legislative and case law developments.
HR/EMPLOYMENT LAW
2:20PM-3:05PM
Navigating Leaves of Absence
Wendy Brenner
Cooley LLP
 Employees in California are afforded a myriad of leave options under state and federal law, and employers frequently get tangled up when trying to sort through the various legal entitlements. This presentation will focus on pragmatic and coherent approaches for handling the leaves available to California employees, focusing on:
  • How to classify the various types of leave
  • The practical steps you must take when an employee goes on leave
  • The types of pay and benefits that may be available to employees on leave
  • Avoiding common pitfalls
HR/EMPLOYMENT LAW
3:30PM-4:30PM
Stop Thief! or All's Fair In Love, War and Employee Mobility?
Carolyn Luedtke & Laura Smolowe
Munger Tolles & Olson LLP
 Crimestopper Tips for protecting trade secrets and protecting against claims of trade secret theft, with an emphasis on the impact and application of the 2016 Federal Defend Trade Secrets Act.
TECH AGREEMENTS & E-COMMERCE
9:00AM-10:00AM
The Pursuit of Innovation in A&D and the Pursuit of Money in Innovation
Brian Sweeney & Daniel Kloke
Sheppard Mullin Richter & Hampton LLP
 New opportunities are opening for Silicon Valley as the U.S. Department of Defense searches for better/faster/cheaper capabilities, to fight asymmetrical conflicts such as counter-terrorism and cyber warfare. "Traditional" DOD prime contractors are responding by seeking innovation in defense technologies; however, DOD primes and the procurement system they live in move far too slowly to capture the needed innovation, so they are looking to "Nontraditional" defense contractors (NDCs), which usually shy away from DOD contracts and subcontracts. This presentation will survey the legal hurdles to taking advantage of these new DOD opportunities, where the main concerns are administrative and accounting systems compliance, and IP rights.
TECH AGREEMENTS & E-COMMERCE
10:30AM-12:00PM
Connected: A View from the Legal Trenches
Aaron Rubin & Stephanie Lynn Sharon/Isaac Wofford/Debbie Rosenbaum/William Goodwin
Morrison & Foerster LLP/Caterpillar, Inc./Oculus VR, LLC/AirMap, Inc.
 Connected technology companies are at the forefront of the newest tech revolution. They are driving licensing and collaboration agreements and M&A deals that are changing the shape of the tech and consumer products landscape, and have given rise to important legal concerns. Join us for a panel discussion with in-house counsel from leading connected tech companies and lawyers from leading technology transactions practices, covering the legal issues facing companies in cutting-edge technology spaces­such as AR/VR, IoT, autonomous vehicles, AI/machine learning, connected products, and robotics­and the companies that do business with them.
TECH AGREEMENTS & E-COMMERCE
1:30PM-2:15PM
IP Issues You May Face When Acquiring a Technology Company
Glenn Nash
Sidley Austin LLP
 Presented for your consideration: gotchas that can occur during the 4 phases of acquisitions (diligence, acquisition, pre-closing and integration) and take-aways for avoiding the pitfalls.
TECH AGREEMENTS & E-COMMERCE
2:20PM-3:05PM
Managing Advertising Liability for Technology Products
Michelle Gillette & Christopher Cole
Crowell & Moring LLP
 At the state (especially California) and Federal levels, technology and life science companies are coming under increasing scrutiny for how their sales and marketing practices make use of advertising. This presentation will review significant developments and enforcement trends, to update in-house counsel for their crucial role in monitoring and advising advertising programs.
TECH AGREEMENTS & E-COMMERCE
3:30PM-4:30PM
Negotiating Complex IP Transfers
Nader Mousavi
Sullivan & Cromwell LLP
 As tech companies become larger and more complex, so do their IP-centric deals. Whether one or both companies are big, the interrelated factors in a technology transfer can grow exponentially, sometimes requiring a qualitatively different approach. This presentation will review recent trends and developments affecting complex IP deals and ways they can be approached, depending on a company's size and situation.
ADVANCED IP
9:00AM-10:00AM
Does Make Believe Matter? Effectively Using Mock Trials in Complex IP Litigation
Stefani Shanberg/David Majors/Johanna Carrane
Morrison & Foerster LLP/Symantec Corp./JuryScope, Inc.
 Can litigants better prepare for high stakes and technically complex jury trials through the use of mock trials and focus groups? Engaging in mock trials is costly and time-consuming: is it worth it? Mock trials can be used to test stories, theories, and witnesses. None of it matters if judges and juries do not understand it and believe it. This panel will analyze best practices in utilizing mock trials to effectively communicate to a jury, from the perspective of a top jury consultant, experienced in-house litigation counsel, and outside counsel.
ADVANCED IP
10:30AM-12:00PM
IP Litigation and Licensing: The Past, Present, and Future (or the Good, the Bad, and the Ugly)
Harrison (Buzz) Frahn & Jeffrey Ostrow/Christopher Nalevanko/Rochael Adranly/Adam Dolinko
Simpson Thacher & Bartlett LLP/Zoox Inc./IDEO/Essential
 After years of reform at the hands of courts and Congress, where is IP litigation and where is it heading? What unifying theme runs through the Supreme Court’s IP rulings? What should general counsels and their teams be looking for around the around the corner, not only in the context of potential litigation, but also licensing, portfolio valuation, deal-making, and beyond? Join us in this highly interactive session to understand the implications of IP law reform (or lack thereof) to the lifeblood of Silicon Valley technology and life sciences companies. In this session, leading thinkers on the topic will explore how legal teams can utilize and protect their IP assets.
ADVANCED IP
1:30PM-2:15PM
Post-Halo: Defending Against Allegations of Willful Infringement
Wayne Stacy & Sarah Guske
Baker Botts LLP
 Before Halo, the ability to sidestep willful infringement under the objective prong of Seagate was critical to avoiding liability (not just liability for willful infringement), but is no longer available. This presentation will cover willfulness in the post-Halo world, approaching the issues from a practical rather than strictly legal perspective (Who should be your willfulness witness? How should he/she prepare? What are the traps plaintiffs’ counsel are likely to set, and how can you prepare for and counter them?) The issues it addresses are game-changing from a corporate defendant’s perspective:
  • Jury behavior
  • Supreme Court changes to willfulness proofs
  • Discovery tactics for developing a willfulness case in light of Halo
  • Company procedures for demonstrating lack of willfulness in light of Halo
  • Privilege waiver issues associated with willfulness
ADVANCED IP
2:20PM-3:05PM
Prosecuting Patents From a Litigator’s Perspective
Phil Woo & Henry Welch
Haynes and Boone, LLP
 While most companies recognize the need for patents to protect technology, cross-license, and assert as necessary, many legal departments are structured so that there is a divide between patent prosecutors and patent litigators, with the groups often having little to no interaction. But much could be gained if the attorneys who actually litigate patents were able to share their insights with those who are responsible for obtaining them. Learn about the issues that litigators focus on when litigating patents, and practical tips for prosecuting patents in light of the same.
ADVANCED IP
3:30PM-4:30PM
How to Prepare For The Next Evolution In Patent Damages
Vera Elson & Edward Poplawski
Wilson Sonsini Goodrich & Rosati PC
 For years, the calculation of patent litigation damages has been a moving target, and there are no signs of it slowing down soon. This presentation will bring in-house counsel up to date on key developments, including:
  • Apportionment - the CAFC will either soon be deciding or (even better) will just have decided the Exmark case regarding whether apportionment should be applied even when the literal language of the claim purports to cover the entire product even though the novel aspect of the invention is far narrower; and
  • Extraterritorial Damages - their status and availability.

Program details are subject to change without notice

Following the 2017 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 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.

Back to Top

2017 Participating Law Firms & Companies