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Shelter In Place Institute

November 9, 2020 @ 10:00 am November 13, 2020 @ 4:10 pm

SIP Institute graphic

Welcome to the Shelter In Place, this year’s IP Institute delivered to your computer, presented by the CLA Intellectual Property Law Section. Scroll down for full details on all our amazing programs we have planned.

Earn up to 20 Hours of MCLE; includes Legal Ethics

Monday | Tuesday | Thursday | Friday | Pricing Info | Contact Us | Sponsor Info

Purchase 10 or more programs and save 66% or purchase all 20 and save 80%! Offer ends Nov. 9, 2020. Take advantage of the bundle and save money!

Note: To purchase an individual session, scroll down and click on the title of the session to view the details and register.

The California Lawyers Association, IP Law Section’s “Shelter in Place (SIP) Institute” takes place November 9-13, 2020. The first “virtual” conference presented by the IP Law Section, the SIP Institute provides attendees with up-to-date case law, practice guidance, ethics issues and MCLE to successfully navigate the practice of IP law in the COVID-19 landscape. The SIP Institute provides IP lawyers, professors, law students and other IP practitioners with a safe alternative platform for obtaining IP education and MCLE, normally provided by the IP Law Section’s annual “IP Institute,” which returns in 2021.

Each conference day consists of 5 webinars, including morning “Nuts and Bolts” panels such as “Fields and Functions: A Closer Look at Trademark Applications for Software” presented by Peter Bromaghim, Partner at Womble Bond Dickenson, and “Trial by Pixels: Tips & Tricks for Conducting Patent Trials Remotely” presented by Sarah Spires and Jaime Olin of Skiermont Derby. Other panels include “Ethics of Law Firm Cybersecurity in a Work-From-Home World” presented by Sharon D. Nelson and John W. Simek of Sensei Enterprises, Inc. and David G. Ries, a technology and data protection attorney; and “From Pong to Fortnite:  The Evolution of IP Issues in Video Games” presented by Deborah Davis Han,  an IP and advertising attorney, and Kimberly Culp of Carr McClellan.

The SIP Institute offers discount pricing for IP Law Section and California Young Lawyers Association (CYLA) members, and bundled discount pricing for purchases of 10 or more webinars.  The virtual conference offers 20 hours of MCLE, with 3.5 hours of Ethics, 1 hour of Competency, and 1 hour of Elimination of Bias. Sponsorship opportunities are also available.

For more information about the SIP Institute or sponsorship opportunities, please contact the CLA IP Law Section at Nicole.Peeler@calawyers.org.

Enjoy the high quality programming you’ve come to expect from the California Lawyers Association IP Section from the comfort of your own home. Watch live panels and discussions or tune in at your leisure anytime within 90 days of the panels you’re interested in. We’re bringing some of the brightest minds in intellectual property to you!

Non-MembersReg FeeMCLE Hours
$30020
$25510
$751
IP Section Members$27520
$17010
$501
CYLA$15620
$11910
$351

Sessions

Monday, November 9, 2020

Session 1: Fields and Functions – A Closer Look at Trademark Applications for Software

10 a.m. – 11 a.m. | 1 Hour MCLE

REGISTER HERE

Through client hypotheticals, this webinar will examine US trademark applications for software, including best practices on identifying goods and services, classification considerations, including Classes 9, 42, and other possible options, “use” versus “intent-to-use” filing, proof-of-use and specimen issues, and other tips for practitioners. The webinar will include a hypothetical application scenario, and discuss ways to prepare clients and obtain much-needed information for a successful prosecution. Moderator: Erica Bristol. Speaker: Peter Bromaghim.

Session 2: Copyright & AI – Perspectives from the U.S. Copyright Office

11:10 a.m. – 12:10 p.m. | 1 Hour MCLE

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The United States is in the midst of a new artificial intelligence (AI) era, a period of rapid development and growth in machine learning enabled by advances in computing power and connectedness. New developments raise copyright questions related to how data is gathered and used, how new works are created, and the intersection between machine and human collaboration. The U.S. Copyright Office co-hosted a symposium with the World Intellectual Property Organization (WIPO) in February 2020 to develop answers to these issues, gathering a wide range of creative, technological, and legal experts. Representatives from the Copyright Office will explore the latest issues involving copyright law and AI, including computer-assisted creativity, training data selection, bias, deep-fakes, and enforcement. The webinar will also summarize some of the outcomes from the AI symposium earlier this year.

Session 3: Cannabis & IP Law Litigation 2020 Update

12:20 p.m. – 1:20 p.m. | 1 Hour MCLE

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You have a client engaged in the legal cannabis industry in California and it needs to file suit to protect its IP rights. But cannabis is still illegal under federal law. Should you file suit in state court or federal court? What if you don’t have a choice? This webinar will discuss a number of recent cases that are starting to address these questions, even if some of the answers are still unclear. Moderator: David Branfman. Speakers: Robert Berkowitz and Katy Young.

Session 4: Ethics of Law Firm Cybersecurity in a Work-From-Home World

2 p.m. – 3 p.m. | 1 Hour MCLE, 1 Legal Ethics

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This webinar explains the cybersecurity ethics rules in a work-from-home environment, provides cybersecurity statistics relating to the COVID-19 pandemic, and offers practical and budget-friendly tips for making the work-from-home environment secure for lawyers and their clients. Panel speakers are Sharon D. Nelson, President and John W. Simek, Vice President of Sensei Enterprises, Inc., a managed IT service provider, digital forensics and managed cybersecurity firm located in Fairfax, Virginia, and David G. Ries, an attorney with Clark Hill and a national speaker on cybersecurity and ethics.

Session 5: Maximizing Value When IP Infringement Disputes and Bankruptcy Collide

3:10 p.m. – 4:10 p.m. | 1 Hour MCLE

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In the current global economic climate, intellectual property litigators increasingly find themselves with an adversary or a client who is facing insolvency or has even commenced a bankruptcy proceeding. Hear two experienced practitioners address the challenges and opportunities presented by insolvency of either a plaintiff or defendant, strategic considerations for managing pending litigation, and practical advice on minimizing risk and maximizing the value of the client’s claims or defenses. Speakers: Joseph Dunn and Victor Vilaplana.

Tuesday, November 10, 2020

Session 6: From Pong to Fortnite – The Evolution of IP Issues in Video Games

10 a.m. – 11 a.m. | 1 Hour MCLE

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Intellectual property is the lifeblood of the video game industry, and a proactive IP strategy is needed to secure appropriate IP rights. The law and lawyers have been challenged to keep up with the fast-paced, evolving world of video games. This webinar will offer practical tips for handling and advising on IP issues that arise for video game developers. Topics include use of copyrighted tattoos, dance moves, third party music, third party trademarks, rights of publicity issues, augmented reality, and more. Moderator: Angus M. MacDonald. Speakers: Kimberly Culp, Deborah Davis Han.

Session 7: Creative Strategies for Brand Protection/International Trademark Enforcement

11:10 a.m. – 12:10 p.m. | 1 Hour MCLE

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With the explosive growth in global e-commerce and social media over the last few years, brand protection has become both more complex and more important, especially during the pandemic of COVID-19.  Our speakers will present practical tips based on their experiences protecting their companies’ brands both domestically and internationally. They will address topics such as:

  • How to handle enforcement against unauthorized sellers of authentic products on Amazon, eBay, and Alibaba.
  • Employing different enforcement strategies depending on the nature of the infringement.
  • Best practices for trademark enforcement and investigations in China.
  • How different IP protection mechanisms inform different enforcement strategies.

Moderator: Mary A. Harris. Speakers: Mark Leonard and Kevin McPherson.

Session 8: The Future of Consumer Protection and Privacy – What to Expect from the FTC

12:20 p.m. – 1:20 p.m. | 1 Hour MCLE

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As the election approaches, our government prepares for a transition – either to the second term under President Trump or to the Biden Administration. As this is occurring, consumer protection law also finds itself in transition. Kelley Drye D.C. partners Christie Grymes Thompson and John Villafranco will focus on what this means, in terms of recent enforcement activities and priorities related to privacy, data security, marketing, advertising, and other areas of consumer protection. Moderator: Sophie Cohen. Speakers: Christie Grymes and John Villafranco.

Session 9: Copyright Trolls & Ethics: A Case Study on Richard Liebowitz

2 p.m. – 3 p.m. | 1 Hour MCLE; 1 Ethics

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Join us for an entertaining legal ethics presentation on Richard Liebowitz, who has been sanctioned in dozens of cases, with one federal judge labeling him a “copyright troll.” Presented by copyright litigation and legal ethics experts, this webinar will focus on what NOT to do in copyright cases by examining the “growing body of law…devoted to the question of whether and when to impose sanctions on Mr. Liebowitz.” This webinar will identify relevant rules from the California Rules of Professional Conduct and the ABA Model Rules and how Mr. Liebowitz’s litigation conduct has not satisfied these standards. Moderator: Angus M. MacDonald. Speakers: Edward Rosenthal, Tyler Maulsby, Nicole Hyland.

Session 10: The Current State of IPRs

3:10 p.m. – 4:10 p.m. | 1 Hour MCLE

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Get ready. Get set. Go. Recent data shows patent lawsuits are on the rise in 2020. Therefore, it has become increasingly important for companies to be prepared for potential patent litigation – from both the offensive and the defensive positions – before the litigation even begins. For example, if your client or company receives a cease and desist letter, drafting a reply is only the beginning. During this webinar, we will provide a discussion of litigation readiness in the context of district court litigation and Inter Partes Review proceedings (IPRs). To do so, we will provide an overview of the current state of IPRs and some recent trends in district court litigation, as well as the interplay between the two. We will also dive into various levels of litigation readiness you may wish to undertake, including advanced consideration of non-infringement and invalidity positions, and planning ahead for potential IPRs. Moderator: Kyrie Cameron. Speakers: Todd Patterson and John Barr, Jr.

Wednesday, November 11—No Programs Today

Thursday, November 12, 2020

Session 11: Trial by Pixels: Tips & Tricks for Conducting Patent Trials Remotely

10 a.m. – 11 a.m. | 1 Hour MCLE

REGISTER HERE

Although remote depositions and oral argument are almost commonplace since the COVID-19 pandemic, trials are still few and far between. This presentation covers the challenges and surprising benefits made apparent during a recent multi-day bench trial conducted by remote video conference in the Southern District of New York. Moderator: Mieke K. Malmberg. Speakers: Jaime Olin and Sarah E. Spires.

Session 12: Implicit Bias and Diversity in the In-House Counsel Setting

11:10 a.m. – 12:10 p.m. | 1 Hour MCLE; 1 Elimination of Bias

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Implicit biases are universal and can encompass both favorable and unfavorable assessments and outcomes. These biases are unconscious attitudes, learned from an early age, that affect our understanding, actions, and decisions in everything we do. If left unchecked or unrecognized, implicit biases in the workplace can hinder diversity, recruitment, promotion, and retention and can detrimentally impact an organization’s culture. With the recent increased national focus on societal racial inequality, it is more important than ever to achieve an understanding of how our implicit biases affect our decision-making processes in the workplace. In this webinar Shaka Johnson, VP and Associate General Counsel at Sony Electronics, and Justine Phillips, a Partner in Sheppard Mullin’s cyber and employment law practice groups, discuss how implicit biases, and efforts to promote diversity, impacts attorneys serving both in an in-house counsel role, and as outside counsel working with in-house counsel. Both speakers bring a wealth of experience and knowledge to bear on this sensitive and timely topic. Curious about your own implicit biases? Take the Harvard Implicit Association Test.

Session 13: Cannabis & IP Law Transactions/Prosecution 2020 Update

12:20 p.m. – 1:20 p.m. | 1 Hour MCLE

REGISTER HERE

IP law is always dynamic; IP law in the cannabis industry is dynamic times 10. This webinar will explore a number of recent developments in IP law transactions and prosecution as they apply to the legal cannabis industry in California – with an emphasis on new developments in trademark and patent law. Moderator: Elizabeth Rest. Speakers: Dale Hunt, Esq. and Ryan Gile.

Session 14: Emotional and Social Intelligence for Lawyer Wellbeing

2 p.m. – 3 p.m. | 1 Hour MCLE; 1 Competency Issues

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The epidemic of stress and burnout is affecting every sector of our society, but even more so the legal profession. A study by the American Bar Association found that over 25% of lawyers suffer from depression, 21% have a drinking problem, and 19% experience anxiety. Burnout and mental distress not only take a toll on the wellbeing of lawyers, but also make their clients, people, and businesses vulnerable, impairing decision-making, problem-solving, and risk management.

Drawing upon contemporary neuroscience, spiritual wisdom and creative practices, this interactive course sheds light on the inner workings of the emotional brain, and teaches frameworks and practical techniques to boost emotional and social intelligence – critical dimensions of human wellbeing. Through a combination of lecture, exercises, and experiential activities, it engages participants to develop their own actionable strategies to incorporate the learnings in daily life, for emotional regulation, mind/body rejuvenation, and improved relationship with both oneself and others, as well as sustainable productivity and personal growth.

Topics may include:

  • Self-awareness as a life skill
  • Recognizing and regulating emotions
  • Direct experience – senses, mindfulness and emotional wellbeing
  • Healthy Mind Platter and 7 essential mental activities
  • Emotional factors in decision-making
  • Key ingredients of social intelligence
  • Threat vs. reward in social interactions
  • Authentic and effective communication

Moderators: Angus M. MacDonald and John Wierzbicki. Speaker: BeiBei Song.

Session 15: Top Five Things NOT to Do When Negotiating Technology Agreements

3:10 p.m. – 4:10 p.m. | 1 Hour MCLE

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Join the author of The Tech Contracts Handbook to discuss typical mistakes in IT contracts. These include granting unnecessary IP rights in cloud contracts, drafting data indemnities that won’t work, and mishandling SLAs. Learn how to avoid these mistakes, but also learn the underlying legal and business issues. Moderator: Emily Yu. Speaker: David Tollen.

Friday, November 13, 2020

Session 16: Lady A – A Trademark Controversy and Commentary

10 a.m. – 11 a.m. | 1 Hour MCLE

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For 14 years, Hilary Scott, Charles Kelley, and Dave Haywood found success as the country music group Lady Antebellum, despite the association of the “antebellum” name with the pre-Civil War South. During the recent social awakening to racism in America, the group announced it would change its name to Lady A. In attempting to avoid one racial controversy, however, the name change created another, because Lady A was already being used as a stage name by the Black blues singer and activist, Anita White, for more than twenty years. After attempts to resolve the conflict failed, the band filed suit seeking a declaratory judgment that their use of the name Lady A does not infringe any rights held by the singer; and the singer filed a competing lawsuit alleging trademark infringement by the band. Intellectual property scholar and Santa Clara Law Professor Tyler Ochoa will explain the factual background and legal issues and analyze how trademark law and the right of publicity may apply to the pending lawsuit. Moderator: Emily Yu. Speaker: Tyler Ochoa.

Session 17: Ethical Considerations in Advising Clients. The Impact of Brunetti in the Era of Renewed Focus on Social Justice

11:10 a.m. – 12:10 p.m. | 1 Hour MCLE; 0.5 Ethics

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Trademark attorneys need to be more sensitive than ever to broader issues when advising clients about the selection and use of trademarks. Tam and Brunetti eliminated prohibitions against registering disparaging, scandalous and immoral marks. However, the USPTO continues to refuse such terms under the Widely-Used Commonplace Words and Failure to Function doctrines. Are these valid refusals and what responses are available to applicants? Trademarks now pose a variety of ethical issues. What issues do trademark practitioners face in advising clients about selecting and renewing trademarks in an era of greater focus on social justice and political polarization. Real-world examples including CRAZY HORSE, BLACK LIVES MATTER, ESKIMO PIE, DUMP TRUMP, JUNIPERO SERRA will be discussed to illustrate the dilemmas that such marks pose to trademark practitioners. Moderator: Mary A. Harris. Speakers: Dean Megan M. Carpenter and John Sommer.

Session 18: Latest Developments in Trade Secrets Law and Employee Mobility

12:20 p.m. – 1:20 p.m. | 1 Hour MCLE

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Please join our experienced panel to discuss some of the latest developments in trade secrets law and employee mobility in California. The panel will discuss some recent cases on damages, misappropriation, attorneys’ fees, employee mobility, business to business non-competes, solicitation covenants, and spoliation decisions. Moderator: Robert B. Milligan. Speaker: Rebecca Edelson and James McNairy.

Session 19: IP Ethics – Avoiding Ethical Missteps in IP Practices

2 p.m. – 3 p.m. | 1 Hour MCLE; 1 Ethics

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This presentation will survey recent ethics opinions and cases, and will apply ethical duties, including for example, the duties of loyalty (conflicts and disqualification) and candor, confidentiality and privilege, and more to different stages throughout the IP lifecycle, including Inter Partes Review proceedings, prosecution practice, and litigation. Moderator: Sanjesh Sharma. Speakers: Michelle Galloway and Sarah Moore.

Session 20: Discovery in the Age of COVID-19 and Screen Time

3:10 p.m. – 4:10 p.m. | 1 Hour MCLE

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The COVID-19 crisis has significantly impacted how parties are conducting discovery in both state and federal litigations. It will continue to affect eDiscovery long after we overcome this pandemic. COVID-19 has also brought the likely reality of a recession to the forefront of business concerns. This webinar will discuss some of the challenges facing producing parties as they conduct discovery during the COVID-19 pandemic as well as strategies for mitigating or overcoming those challenges while avoiding sanctions for discovery non-compliance. We will also discuss proactive steps that businesses can take to make the eDiscovery process pandemic and recession proof. Moderators: Anne-Marie Dao and Kathryn Ignash. Speakers: Justin Nahama and Wynter Deagle.

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Pricing Info

Purchase 10 or more programs and save 66% or purchase all 20 and save 80%! Offer ends Nov. 9, 2020.
Buy the bundle here and save money!

Non-MembersReg FeeMCLE Hours
$30020
$25510
$751
IP Section Members$27520
$17010
$501
CYLA$15620
$11910
$351

Contact Us

Questions? Contact us at IP@calawyers.org.

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