10 a.m. – 11 a.m. | 1 Hour MCLE

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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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

10 a.m. – 11 a.m. | 1 Hour MCLE

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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.

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.

12:20 p.m. – 1:20 p.m. | 1 Hour MCLE

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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.

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.

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.

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.

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.

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.

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.

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.