Tuesday, August 21, 2018, 12 noon
To participate in the meeting, the dial-in number is (855) 520-7605, passcode 1211276419#.
Monthly Entertainment and Sports Interest Group conference call. In addition to our monthly mini-presentation (or hypothetical), we will discuss upcoming webinars and conferences, opportunities for members to get involved, and Hot Topics.
Please note: Our monthly calls are the 3rd Tuesday of every month.
Wednesday, September 5, 2018, 12 noon
Monthly “All Hands” Copyright Interest Group conference call. On this call, we’ll present the most recent cases and developments in copyright law. Each month, one or two presenters will lead the discussion. In addition, we’ll discuss upcoming programs/webinars and opportunities to get more involved in the Copyright Interest Group or IP Law Section (e.g., presenting webinars or writing articles).
Please note: Our monthly calls are on the first Wednesday of every month.
Wednesday, September 12, 2018, 12 noon
Monthly “All Hands” Technology, Internet & Privacy IG conference call. Guest speaker and monthly topic TBD. In addition, we’ll discuss upcoming webinars and conferences, opportunities for members to get involved and Hot Topics.
Please note: Our monthly calls are the 2nd Wednesday of every month.
Friday, September 14, 2018, 12 noon
Monthly “All Hands” Licensing IG conference call. We’ll have a thought-provoking presentation or hypothetical. In addition, we’ll discuss upcoming programs, opportunities for members to get involved, and Hot Topics.
Please note: Our monthly calls are the 2nd Friday of every month.
Wednesday, August 22, 2018, 12 noon - 1 p.m.
Presented by the Entertainment and Sports Interest Group.
This program offers 1 MCLE credit. You must register in advance to participate.
The Supreme Court has ruled unconstitutional the provisions of the Professional and Amateur Sports Act which created a blanket ban on the states creating new legalized sports betting laws. This means the states are free to issue new sports betting laws and regulations and, perhaps more importantly, tax the revenues of those endeavors. It also means that everybody in the sports world, from the NCAA to the NBA to the guy trying to create a sports gambling business and more, are going to have to address this new issue and understand how it will affect the sports industry as a whole. Whether dealing with athlete clients, business side clients, or even the leagues themselves, it will be crucial to know the changes this ruling has caused and the practical difficulties—such as in web-based gambling businesses—that will apply going forward. Come learn how the rubber has hit the road from our panel of experts!
Jeremy Evans is the Founder & Managing Attorney at California Sports Lawyer®, representing entertainment, media, and sports clientele. Evans is an Outreach Captain for the Sports Lawyers Association and is an award-winning attorney and community leader based in Los Angeles. He can be reached at Jeremy@CSLlegal.com or via his website: www.CSLlegal.com.
Evans holds a Master of Laws (LL.M) in Entertainment, Media, and Sports Law from Pepperdine University School of Law, a Juris Doctor (J.D.) from Thomas Jefferson School of Law, and a Bachelor of Arts (B.A.) in Political Science with an emphasis in American Politics from the University of California, Los Angeles. His client's range from Fortune 500 companies to athletes, entertainers, models, television and film producers, studios, and entertainment, media, and sports businesses in various contractual, intellectual property, distribution, and negotiation matters.
He is the past Director of the Center for Sports Law & Policy and is the creator of the internationally recognized National Sports Law Negotiation Competition. While in law school, Evans served as the President of the Student Bar Association, Editor-in-Chief of the student newspaper, and competed three times and coached in the Tulane National Baseball Arbitration Competition (NBAC), which won the National Championship in 2012. Evans served as President of the Alumni Association Board of Directors for two-years and was recognized with the "2014 A. Thomas Golden Honorary Alumnus of the Year Award."
Brandon Leopoldus is a California-based attorney working with individuals and businesses whose primary or secondary focus is on the sports and entertainment industries, as well as entrepreneurs.
Brandon has been personal counsel to more than two-dozen professional athletes ranging from Olympic medalists, NFL legends, World Series Champions and a wide range of coaches, executives, officials and others working in sports. His corporate clients include financial advisory firms, brands in the sports and entertainment fields, and a wide variety of professional service providers, including entities in and around wagering and online contests and events.
Prior to becoming an attorney, Mr. Leopoldus spent a number of years in Minor League Baseball as an umpire. He umpired in the Appalachian, Pioneer, Midwest, California, and Pacific Coast Leagues, and received three playoff assignments, two All-Star selections, and umpired one league championship series.
Brandon is a Co-Regional Captain for the Sports Lawyers Association, co-founder of FUEL, a networking and mastermind organization of vetted professionals working with the athlete, entertainer, high-net-worth, and ultra-high-net-worth client.
Daniel Kustelski is an experienced sports betting executive having operated on 2 continents. He served as COO of WatchandWager.com, an online Horse/Harness/Dog wagering site licensed in North Dakota and based in Lexington, Kentucky. Previously, he was MD & Co-founder of a regulated online sports book in South Africa, which was sold to the land-based casino group, Sun International, in 2013. Recently, Daniel launched Chalkline Sports, an award-winning sports bettor monetization company that delivers software as a service solutions(SaaS) to gaming and media companies in regulated and soon-to-be regulated markets to acquire and retain sports bettors through a mobile content platform. Prior to gaming, Daniel was in the sports marketing industry in preparation for the 2010 FIFA World Cup in South Africa. He earned his MBA from Wits Business School in Johannesburg, South Africa and his undergraduate degree from the United States Military Academy at West Point. After which he was commissioned as an Engineer Officer for 5 years in the US Army.
Moderator: Jon Lurie
Wednesday, August 29, 2018, 12 noon - 1 p.m.
Presented by the Trademark Interest Group.
Trademark monetary remedies are confounded by confusing terms and balkanized rules. What do we mean by “confusion” (actual or likely?), “profits” (lost or wrongful?), “damages” (at law or in equity?), and enhanced “damages”?
Robert Payne practices intellectual property litigation in Silicon Valley. He has written over fifty professional articles and served the IP Section as Chair of the Executive Committee, Editor in Chief of New Matter, and Advisor and Chair of the Litigation Interest Group.
Thursday, August 30, 2018, 12 noon - 1 p.m.
Presented by the International Interest Group and the Trademark Interest Group.
Many American companies study their market and try to innovate products with consumer appeal. Once they have a successful product, companies in China may copy their products and brands and sell to any other countries where the US company has not sought IP protection. After the US company has begun expanding internationally, they discover they are already blocked from many countries by a Chinese company with the identical brand and similar products. Learn more about this issue and what can be done if it happens to you or your clients.
Laura Wen-yu Young received her Juris Doctor from Boalt Hall, UC Berkeley, and began her practice by splitting her time between San Francisco and Taipei, Taiwan in 1988. She added mainland China into her regular schedule in 1994, when Wang & Wang added its Beijing office. She was admitted in California and to the Federal District Court, Northern District of California in 1988, and was registered as a foreign legal expert with the Taipei Bar Association in 2004, and with China's Ministry of Justice in 2005.
She an editorial advisor, and author of the Taiwan volume of CCH Asia’s Employment Law series, the author of the Intellectual Property chapter of Juris Publishing’s Doing Business in China, and author of numerous articles on Chinese law and business, and has presented many lectures for the Practicing Law Institute, International Trademark Association, International Anti-Counterfeiting Association, and local bar associations. Young is a Trustee of the UC Berkeley Foundation and is a member of its Executive Committee. She also serves on the Board of Advisors of the C.V. Starr East Asia Library at UC Berkeley and is the President of the Board of the Phoebe A. Hearst Museum.
Moderator: Mariana Paula Noli
November 8-9, 2018
Fairmont, San Jose
170 S. Market
The Annual IP Institute, "State of the Art – Creativity and Innovation in the Arts and Sciences," will be held at the beautiful Fairmont, San Jose on November 8th and 9th, 2018, with a welcome reception the evening of November 7, 2018.
The conference will cover a wide range of cutting-edge and compelling presentations on trademark, copyright, patent, privacy, trade secret, and internet law, as well as practical sessions and IP-specific ethics, competence, and elimination of bias panels. The event will also feature the always popular Annual Vanguard Awards luncheon celebrating pioneers in our field in a festive atmosphere.
We hope to see you there! Watch your inboxes, future editions of Inevitable Disclosures, and our website for more information!
The Executive Committee of the IP Law Section is pleased to honor outstanding legal professionals who are spearheading new developments in the world of intellectual property. The IP Vanguard Awards will be presented during a special Awards ceremony at the 2018 IP Institute, the flagship event of the Intellectual Property Law Section.
Join us at the 2018 Intellectual Property Law Section Annual Institute, "State of the Art – Creativity and Innovation in the Arts and Sciences," which will be held at the Fairmont, San Jose on November 8th and 9th, 2018, with a welcome reception the evening of November 7, 2018.
The 2018 honorees are:
Do you know a California lawyer who has significantly expanded legal services to the poor? How about a law firm or legal employer that has successfully promoted diversity in the legal profession?
California Lawyers Association seeks nominations for two awards recognizing those achievements: the Loren Miller Legal Services Award and the Law Firm/Legal Employer Diversity Award. Nomination materials are due by August 17, 2018.
The Loren Miller Legal Services Award is a lifetime achievement award given annually to a lawyer admitted to practice in California who has demonstrated a long-term commitment to and success in extending legal services to the poor. Established in 1977, this award is named after Loren Miller, an African American lawyer, judge, and civil rights movement leader. Award criteria, nomination instructions, and a past recipient list can be viewed here.
The Law Firm/Legal Employer Diversity Award is given to a legal employer that has demonstrated a sustained, long-term commitment to encouraging, increasing, and retaining diversity in the legal profession, with a specific focus on recruitment, retention and advancement of diverse attorneys. All types of legal employers are eligible, including private firms, government/public agencies, corporate law departments and public interest law firms. Award criteria, nomination instructions, and a past recipient list can be viewed here.
The CLA recently assumed responsibility for selecting and awarding these and several other honors previously bestowed by the State Bar. Check here for the full roster of awards that CLA will be making in the coming years.
The Defend Trade Secrets Act Supplement to TRADE SECRET LITIGATION AND PROTECTION IN CALIFORNIA is now available for purchase in the Section’s bookstore. This Supplement includes additional practical tips and strategies related to the DTSA, and addresses:
The price is $25 for members and $30 for non-members.
The Copyright Office is proposing a new fee schedule which will result in increased fees for registration, recordation, record retrieval, search, certification, and other ancillary services. The Office will review and consider public comments and issue a final rule later this year. The new fee schedule will go into effect 120 days after publication of the final rule, unless Congress passes a law stating that it does not approve the fee schedule. The Office is extending the deadline by an additional sixty days to ensure that members of the public have sufficient time to respond. Written comments must be received no later than September 21, 2018, at 11:59 p.m. eastern time. For more information, click here.
Please provide a short bio (250 words max) that includes the member’s professional information and something personal (hobbies, interests, something unique about the member, a “fun fact,” etc.), a picture, and the member’s contact information. Please also have the member answer the following question: What is the most important skill you believe an IP attorney should have? Please send all submissions to Erica Bristol, at email@example.com.
Member Spotlight materials may also be posted in IP Section social media. If submitting on behalf of a member, you must obtain that member’s permission. Selection of member for Section Member Spotlight, posting dates, selected publications/social media, and editing are at the IP Section’s sole discretion.
IP Section CLE Webinars and Conferences Available On Demand or as Downloadable Podcasts*
Did you miss a live IP Section webinar or conference? Listen to recordings of past programs as streaming webinars or downloaded podcasts, and receive the materials and your CLE certificate of attendance. To see what's available, click here and select Intellectual Property Law Section.
Original Program Date: April 26, 2018
Presented by the Technology, Internet & Privacy Interest Group
The Federal Trade Commission is paying increased attention to social media influencer marketing. After a series of warnings, the FTC has begun enforcement actions against influencers and their advertisers. What do influencers need to do to avoid falling into the FTC’s crosshairs?
Click here to buy a license now.
Original Program Date: April 10, 2018
Presented by the Litigation Interest Group
Social media and digital marketing has changed the playbook for consumer packaged goods (CPG) companies to become successful and thrive. As counsel for these clients, you need to be dynamic and develop trademark strategies that not only addresses current, but also future, needs. This webinar will discuss various strategies to manage the obligations of this role, including: discussions to have with your client when creating their brand; developing a comprehensive trademark strategy; and effective use and monitoring of trademark and social media platforms.
Speakers: Allison Roseman Hagey, Rebecca Horton
Original Program Date: March 27, 2018
Presented by the In-House Counsel Interest Group
The recent wave of high-profile allegations stemming from the #metoo movement shows no sign of relenting, requiring employers to address their own internal policies related to workplace complaints. Just as important as developing anti-harassment and discrimination policies is establishing company procedures for investigating employee complaints. Promptly and effectively investigating and remediating employment claims is required of California employers and should mitigate potential damages. Join employment attorney and seasoned investigator Lisa Ryan in this one-hour webinar that will address best practices for workplace investigations, including WHEN to investigate, WHO should investigate and HOW to conduct and conclude an investigation.
Speaker: Lisa Ryan
*Many recordings of webinars and conferences are available within a few weeks of when they were presented live. Not every program is available as a downloadable podcast. Some in-person programs are audio-video. Account registration and device with internet connection required. IP Section CLE Webinars and Conferences Available On Demand or as Downloadable Podcasts*
We invite you to contact a member of the Executive Committee, or an Interest Group Officer. The IP Section has Interest Groups on:
Or contact the Editors of Inevitable Disclosure, Barbara Friedman and Matt Neco. Note our new email address. Please add us to your trusted email addresses to ensure you keep receiving communications from the California Lawyers Association, the new home of the IP Section.