18th Annual Virginia Information Technology Legal Institute 2017 (USB Seminar)

MCLE Credits: 7.0
Ethics Credits Included: 1.0

MCLE Credit: 7.0 (Ethics: 1.0)
Live-Interactive Credit: 0.0
Price: $289 - USB with electronic materials
$319 - USB plus printed materials (includes electronic materials)
Available Through: 9/30/2020


A pre-recorded video replay of the September 2017 live seminar, 18th Annual Virginia Information Technology Legal Institute 2017.

Topics covered include:

  • Ethics Issues Related to IT/IP Practice
  • Cyber Security Update
  • Technology Law and Trade Secret Developments
  • IP Litigation Update
  • Keynote: Data Breach Response and Notification
  • Trademark and Domain Name Developments
  • Copyright Developments
  • Patent Developments
An Annual Update Program Emphasizing New, Practical Strategies

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.




Ethics Issues for IP/IT Practitioners
Jim McCauley
  • Responding to negative online reviews
  • Using and advising clients regarding social media
  • The new advertising rule changes and their application to digital age advertising and marketing
  • Competency in using technology—E-discovery, privileged communications and encryption
Cybersecurity and Technology Developments Update
Tom Hibarger
  • The latest thinking on cybersecurity and risk
  • Sacrificing security at the altar of convenience
  • Why training matters: Spear Phishing and other social engineering techniques
  • WannaCry and other Ransomware—were you ready?
  • Breach preparedness—5 things to do now
Technology Law and Trade Secrets Developments
Aaron Parker
  • Ex parte seizure under the New Federal Trade Secrets Act—Is anybody getting that relief?
  • Does the new Federal Trade Secrets Act cover misappropriations that began before the Act’s effective date?
  • Using trade secret law to preempt other types of claims
  • Does copyright law preempt trade secret claims?
  • What lessons have been learned so far in the Uber Versus Google Trade Secret Battle?
  • Latest developments on when arbitration clauses are valid and effective in consumer contracts


Recent Developments in IP Litigation That IP Desk Jockeys Should Know
Jerry Ivey
  • Patent infringement—How long can you wait to sue, and how does that affect damages?
  • Proper handling of legal hold notices to keep them privileged
  • Are communications between a patent agent and client privileged?
  • Are the new proportionality limits on discovery having a real effect?
  • Problems that arise when opinion counsel get involved in trial preparation
Data Breach Response and Notification—What Every Attorney Should Know
Janet Peyton
Trademark and Domain Name Developments
John Farmer
  • New USPTO actions to combat trademark registration deadwood
  • First Amendment developments: Disparaging marks, dirty words, and viewpoint discrimination
  • Is the use-in-commerce requirement for mark registration dead?
  • Consequences of failing to do mark-infringement watching and policing—Recent cases.
  • Handling tricky issues in registering a mark related to software-as-a service
  • When does public misuse of a mark make it generic?
Copyright Developments
Tobey Marzouk
  • Copyright protection for features that are both functional and artistic
  • The fall and rise of copyright trolling
  • Is copyright registration required to sue for infringement?
  • Lawyer beware: Is copying a legal brief an infringement?
  • When can a winning party recover attorneys’ fees, and do the loser’s finances matter?
  • How long can you wait to sue for copyright infringement
  • DMCA safe harbor protection: Do’s and don’ts
Patent Developments
Brad Wright
  • U.S. Supreme Court puts limits on patent suit locations
  • What is patentable subject matter? A look at the most recent cases
  • U.S. Supreme Court expands exhaustion doctrine
  • Are the courts reining in the PTAB? Will they?
  • Supreme Court limits infringement liability for arranging assembly overseas



John B. Farmer, Leading-Edge Law Group, PLC / Richmond
Thomas J. Hibarger, Stroz Friedberg / Washington, DC
Gerald Ivey, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP / Washington
Tobey B. Marzouk, Marzouk & Parry / Washington, DC
James M. McCauley, Virginia State Bar / Richmond
Aaron L. Parker, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP / Washington, DC
Janet P. Peyton, McGuireWoods LLP/ Richmond
Bradley C. Wright, Banner & Witcoff, Ltd / Washington, DC


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.

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