Wednesday, December 5, 2018, 12 noon
To participate in the meeting, the dial-in number is (855) 520-7605, passcode 1211276419#.
Monthly “All Hands” Copyright Interest Group conference call. We’ll present the most recent cases and happenings in copyright law. 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, December 12, 2018, 12 noon
Monthly “All Hands” Technology, Internet & Privacy IG conference call. This month’s topic will focus on the Wayfair decision and its impact on internet law. 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, December 14, 2018, 12 noon
Monthly “All Hands” Licensing IG conference call. We’ll discuss upcoming webinars and conferences, opportunities for members to get involved and Hot Topics.
Please note: Our monthly calls are the 2nd Friday of every month.
Tuesday, December 18, 2018, 12 noon
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.
Tuesday, December 4, 2018, 12 noon - 1 p.m.
Presented by the Technology, Internet, & Privacy Interest Group.
This program offers 1 MCLE credit. You must register in advance to participate.
Throughout the history of the online commerce, states have been prohibited from collecting taxes from out-of-state merchants under Quill Corp. v North Dakota. That was until South Dakota v Wayfair decided in June in a 5-4 decision which reversed Quill’s physical nexus requirement since it had created “artificial competitive advantages.”
Matthew Schaefer, co-counsel in Wayfair, will explain what this ruling means, the parameters for states seeking to collect sales taxes under this ruling and Congressional legislation to clarify how the process should work.
Matthew Schaefer, a partner at the law firm Brann & Isaacson, has focused for nearly 20 years on state tax matters and contested proceedings before courts and administrative tribunals. He was co-counsel before the U.S. Supreme Court for the respondents in South Dakota v. Wayfair Inc., 135 S.Ct. 2080 (2018) and for the petitioner in Direct Marketing Association v. Brohl, 135 S.Ct. 1124 (2015). Matthew advises numerous e-commerce vendors, multi-channel merchants, and trade associations, and has represented the challengers in nearly every leading court case testing the constitutionality of state “economic presence” laws that impose burdensome tax and regulatory obligations on remote sellers.
Matt is a co-author of ‘Eyes on eCom Law,’ a blog that reports on legal developments of interest to direct marketers and online sellers.
Wednesday, December 19, 2018, 12 noon - 1 p.m.
Presented by the In-House Counsel Interest Group.
Join us for a lively and informative presentation on implicit bias in the legal profession--what it is, why we all have it and practical tips on how to address it.
Moderator: Sophie Cohen
Denise Trani-Morris is Counsel at Sedgwick, LLP, San Francisco, and practices exclusively in the area of employment law. She is a member of the Firm's Inclusion & Diversity Committee and San Francisco Chair and a member of the National Employment Law Council. She speaks frequently on issues concerning inclusion and diversity, and provides management training on how unconscious biases, that impact the workplace, can be avoided.
Therese Lawless is a partner in the law firm of Lawless & Lawless where she practices employment and civil rights law on behalf of employees and individuals. Ms. Lawless is a former president of the San Francisco Trial Lawyers Association. She is a member and past board member of the Consumer Attorneys of California and is a member of the National Employment Lawyers Association and the California Employment Lawyers Association. In 2015, Ms. Lawless represented Ellen Pao in a landmark gender discrimination case against venture capital firm Kleiner, Perkins Caufield and Byers.
Wednesday, January 23, 2019, 12 noon - 1 p.m.
When a company is trying to enforce its brands and fight counterfeiting worldwide, brand monitoring and enforcement is just the starting point, even with limited resources. Our speakers are both part of the Brand Protection team at Symantec Corporation. They will share their tips and tricks “from the trenches,” beyond standard anti-counterfeiting strategies. Topics will include grey market/parallel imports, tech scams, and license splitting.
Dipica Patel, Brand Protection Manager, Symantec: Ms. Patel has over 10 years of extensive experience proactively resolving threats that affect company’s brands, customers and revenue via a wholistic approach. She is skilled at identifying, analyzing and mitigating complex brand protection and business risks with practical and sustainable solutions.
David Pounds, Principal Brand Protection Specialist, Symantec: Working for brand protection vendors and now in-house for Symantec, Mr. Pounds specializes in building scalable, effective online enforcement programs and anti-fraud investigations.
Thursday, January 24, 2018, 12 noon - 1p.m.
Presented by the Entertainment and Sports Law Interest Group
The Music Modernization Act is among the most substantial changes to copyright law of the last decade. For those in the music world, it will be especially crucial to know its ins and outs. With changes to licensing for digital downloads and streaming, CLASSICS Act protections, and a number of other changes, the Music Modernization Act will have a substantial impact on how you work with your clients. We're fortunate enough to have Professor Ochoa, an internationally recognized expert on copyright law, to walk us through this new legislation. This is the perfect chance to put all your questions about this new law to bed and make sure you're giving your clients the best advice possible.
Moderator: Jonathan Lurie
Tyler Ochoa is a recognized expert in copyright law and rights of publicity. He joined the Santa Clara University School of Law faculty in 2003, and he served as Academic Director of the High Technology Law Institute for the 2005-2006 academic year. Professor Ochoa also is a co-author of annual updates to the treatise, The Law of Copyright (West 2018 edition); a co-author of Copyright Law (Carolina Academic Press 10th ed. 2016), a widely-used law school casebook; and a co-author of two other books. Prior to joining Santa Clara Law, Professor Ochoa served as a professor and co-director of the Center for Intellectual Property Law at Whittier Law School. He has also served as a clerk for the Honorable Cecil F. Poole of the U.S. Court of Appeals for the Ninth Circuit and as an associate with the law firm of Brown & Bain in Palo Alto, California, where he specialized in copyright and trade secret litigation involving computer software. He is also a two-time “Jeopardy!” champion and a champion on “Win Ben Stein’s Money”.
The California Lawyers Association Intellectual Property Law Section’s flagship program, the IP Institute, celebrated its 43rd year with a captivating, relevant, and stimulating two-day conference. This year’s program was titled, “State of the Art: Creativity and Innovation in the Arts and Science.” The mood was relaxed, as IP attorneys from across California and the nation gathered in San José, in the heart of Silicon Valley.
This year, four law-student reporters, Megan Cooper, Raisa Dyadkina, Valarie Grossman, and Kenny Gutierrez, joined the conference to increase our social media footprint. Their job was to record events and share on both social media outlets and the new app used for this year’s conference: Attendify. The Attendify app was a great addition as it provided time and locations for the various events, as well as simplified networking and connections between attendees.
Although every panel was fascinating, and we were greatly appreciative of every panelist, in the interest of space for this issue, we’ve focused on just a few highlights here.
The institute began on Wednesday evening with a welcome reception at the iconic Fairmont Hotel. The reception was a perfect way to rekindle old friendships and spark new ones. The first speaker of the institute, Amy Oppenheimer, focused on Unconscious Bias and the Legal Profession, which aimed to give attorneys the tools they need to identify and eliminate bias in the legal profession.
GDPR: Lessons Learned From the Front Line
The GDPR panel, led by Amanda Katzenstein and Darren Abernethy, discussed how companies can work towards operationalizing GDPR and US-based privacy laws. They discussed nomenclature within contract language, such as the proper entities referred to as processor and controller, etc. and how to determine responsibilities under GDPR. The panelists addressed multiple questions on how to handle data access and deletion requests on a company-by-company basis.
The 2018 IP Vanguard Award Luncheon
During an intimate luncheon with IP attorneys, students, and academics, the Executive Committee of the CLA IP Law Section honored outstanding, talented, and committed legal professionals who have been at the forefront of IP development. This year, the Academic Vanguard Award went to Peter Menell, the Koret Professor of Law at Berkeley, University of California. Kelly Klaus, a litigation partner at Munger, Tolles & Olson was awarded the Private Practice Vanguard Award. The Honorable Pauline Newman, Circuit Judge of the United States Court of Appeals for the Federal Circuit, was honored with the Judiciary Vanguard Award. Finally, Mallun Yen, the Co-founder and Chief of Operation of SaaStr, was awarded the In-House Counsel Vanguard Award.
Owning Innovation: Between Code and Contract
San Diego law professor and author Orly Lobel, explored the balance between fostering creativity and protecting developments. Lobel included discussion on the propriety of non-compete and pre-innovation assignment clauses. The centerpiece for this discussion was the attel v. MGA litigation, explored more fully in Lobel’s book “You Don’t Own Me: How Mattel v. MGA Entertainment Exposed Barbie's Dark Side.”
Leveraging Innovation with NASA Spinoffs
Online Brand Monitoring and Enforcement – Winning the Battle Without Losing the War
This session focused on tracking your client’s brands online and monitoring fraudulent products. An Amazon representative discussed the importance of registering your brand on their website to receive their protections. To date, Amazon has removed approximately 890 million suspected infringing products. The overall message was that there is no perfect or easy solution, but that a focused approach adapted to the needs of your client is best.
Overall, this year’s meeting was a huge success. Special thanks to the many IP Section Advisors, Interest Group officer, and Executive Committee Members who put in the time to make this event happen. We look forward to hearing from everyone on the Interest Group calls and seeing you next year in Vegas!
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.
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 firstname.lastname@example.org.
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.