17th Annual Virginia Information Technology Legal Institute 2016

MCLE Credits: 7.0
Ethics Credits Included: 1.0

Live on Site: Friday, September 30 / Fairfax
Registration: 7:30 a.m.
Program: 8:00 a.m. - 4:20 p.m.
MCLE Credit: 7.0 (Ethics: 1.0)
Live-Interactive Credit: 7.0 Live Interactive MCLE Credit Symbol
Video on Site Options


Why Attend?

Learn the latest on:

  • Ethics Issues Related to IT/IP Practice
  • Cyber Security Update
  • Technology Law and Trade Secret Developments
  • IP Litigation Update
  • Beat the Clock: IP Tips and Tricks
  • Trademark and Domain Name Developments
  • Copyright Developments
  • Patent Developments

This popular, long-running program is an update of the legal developments over the past year in information technology law and related areas of intellectual property law that are most important to practicing attorneys and their clients.

It is designed for attorneys practicing in the fields of intellectual property, high technology, computer law, Internet law, outsourcing, e-commerce, and software licensing, development, distribution, and procurement.


Can't Attend?
Attend one of the 6 video replays offered statewide in October.
E-mail distance_ed@vacle.org to be notified when/if this program is made available as an online or USB seminar.
E-mail publications@vacle.org to be notified when/if this program's seminar materials are made available for sale.



7:30 Registration
8:00 Ethics Issues for IP/IT Practitioners, with Focus on New Virginia Rules on Changing Firms/Dissolving Firms
Leslie Haley
  • New ethical obligation to implement reasonable information security practices
  • Can a lawyer be sued for malpractice by a third-party beneficiary of the lawyer’s services for a client?
  • Danger of avoiding knowledge that another lawyer in your firm has a conflict
  • Enforceability of law firm penalty clauses for attorneys taking clients when departing
  • Is it a conflict for lawyers in the same firm to seek patents on similar inventions?
9:00 Cybersecurity and Technology Developments Update
Tom Hibarger
  • Update on the cyber threat landscape for U.S.-based businesses
  • Latest developments in cyber attacks aimed at law firms
  • Ramsonware attacks on law firms—preparing, and what to do if you get hit
  • Latest thinking on how to prepare your firm and your clients for a data breach
  • What to do when a client suffers a data breach
9:55 Break
10:05 Technology Law and Trade Secrets Developments
Andrew Stockment
  • New federal trade secrets law, ex parte seizure opportunity, and required whistleblower protection notices
  • New EU trade secret directive• New wrinkles in state trade secrets laws
  • Computer Fraud and Abuse Act (CFAA) developments
  • Clickwraps and pitfalls of online contract formation
10:55 Break
11:00 IP Litigation Update—Developments Non-litigating IP/IT Attorneys Should Know
Jerry Ivey
  • The Duke Civil Procedure Rules Package—What effect is it having on IP litigation?
  • Changing standard for enhanced damages and attorney fees recovery in patent cases?
  • Has the Federal Circuit clamped down on early motions to dismiss based on Section 101?
  • Getting sued for patent infringement far from home; what can be done?
  • Can a court ban Internet research regarding potential jurors?
11:50 Break
11:55 Beat the Clock: 40 Quick Tips: IP Practitioners Empty Their Bag of Practice Tricks and Tips
Faculty Panel
12:45 Lunch (provided at live program only)
1:30 Trademark and Domain Name Developments
John Farmer
  • Constitutionality of prohibition against registering disparaging, scandalous, and immoral marks
  • Fighting application rejections and oppositions with third-party registration evidence
  • Collateral estoppel in federal court based on USPTO decisions
  • New standard for recoverability of damages in trademark cases?
  • Satisfying the “Use in Commerce” requirement for federal mark registration
  • Satisfying the “Goods in Trade” requirement for mark rights
2:20 Break
2:30 Copyright Developments
Tobey Marzouk
  • What can and can’t be copyrighted: Websites, maps, medical forms, and yoga
  • Applying the Fair Use Defense fairly
  • The Digital Millennium Copyright Act: When is a safe harbor really safe?
  • Copyright statute of limitations: Different standards for different claims
  • Pitfalls in registering software prior to filing an infringement action
  • Maximizing your ability to recover attorney fees in copyright infringement cases
  • A game changer: Obtaining a retroactive license to avoid liability
  • Recent developments in copyright registration procedures
  • The mantra in copyright litigation: The idea-expression dichotomy
3:20 Break
3:25 Patent Developments
Brad Wright
  • What constitutes patent-eligible subject matter these days?
  • Patent exhaustion: When are restrictions on reuse and resale enforceable?
  • How will inter partes reviews be conducted at the PTO after Cuozzo?
  • Enhanced damages in patent cases—two Supreme Court decisions
  • Can continuation patents be filed the same day a patent issues?
  • Are patent agents covered by the attorney-client privilege?
4:15 Final Comments
4:20 Adjourn



John B. Farmer is a member of the Leading-Edge Law Group, PLC, an intellectual property (“IP”) boutique law firm in Richmond, Virginia.  He recently completed a three-year term as chairman of the Trademark Public Advisory Committee of the United States Patent and Trademark Office.  He writes a monthly IP and technology law column for the Richmond Times-Dispatch.  He is listed in the top rank of Virginia IP attorneys by Chambers USA and listed for IP in Best Lawyers in America.  Mr. Farmer is a past chair of the IP Section of the Virginia State Bar.  He is a past president of the Greater Richmond Intellectual Property Law Association.  He graduated from the University of Virginia and its law school.  After graduation from law school, he clerked for the Honorable Donald S. Russell, Judge of the U.S. Fourth Circuit Court of Appeals, and for the Honorable James C. Cacheris, Judge of the U.S. District Court for the Eastern District of Virginia, Richmond Division.


John B. Farmer, Leading-Edge Law Group, PLC / Richmond
Leslie A.T. Haley, ParkHaley LLP / Richmond
Thomas J. Hibarger, Stroz Friedberg / Washington, DC
Gerald Ivey, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP / Washington, DC
Tobey B. Marzouk, Marzouk & Parry / Washington, DC
Andrew B. Stockment, Lenhart Pettit / Charlottesville
Bradley C. Wright, Banner & Witcoff, Ltd / Washington, DC

Locations, Dates and Fees

(All registrants will receive access to a complete set of downloadable e-book seminar materials.)

$275* regular registration (without printed materials).
$305 regular registration plus printed materials.
$320 on-site registration (if space is available) (printed materials included).

*Available until 3 business days before the program


Fairfax / Friday, September 30
Waterford at Fair Oaks (Venue Website / Google Map)
12025 Lee Jackson Memorial Highway
(703) 352-3200

Click here if you wish to register three or more people from the same firm.
A special 15% discount and free shipping on Virginia CLE®–published books will be available for purchases made at the seminar site.

Lower Registration Fee and Greater Functionality with Downloadable E-Book Seminar Materials

ALL seminar registrants will receive access to a complete set of downloadable e-book seminar materials. E-book materials are searchable, easily accessible, and efficient to use.

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Registrants who elect a registration option that includes downloadable e-book seminar materials only and not the printed materials will receive, at the seminar, a short, printed seminar outline with space to take notes.

Printed Materials: You still have the option of receiving a complete set of printed materials for a higher registration fee. Registrants who choose this option will receive printed materials at the program.


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