22nd Annual Virginia Intellectual Property Legal Institute 2021 (Online Seminar)

MCLE Credits: 7.0
Ethics Credits Included: 2.0

MCLE Credit: 7.0 (Ethics: 2.0)
Live-Interactive Credit: 0.0
Designation Credit: 2.0 Ethics (Designations Information)
Price: $339 (Includes a downloadable audio version.)
Viewable Through: 08/31/2022

Information

A pre-recorded streaming AUDIO replay from the October 2021 telephone seminar, 22nd Annual Virginia Intellectual Property Legal Institute.


This popular, long-running program is an update of the legal developments over the past year in 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.

Topics covered include:

  • Ethics Issues Related to IT/IP Practice
  • Cyber Security and Technology Update
  • Developments in Licensing, SaaS, and Other Technology Agreements
  • Copyright Developments
  • Patent Developments
  • Trademark and Domain Name Developments
 
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Schedule

COURSE TOPICS

Ethics Issues for IP/IT Practitioners—Part I
Seth Guggenheim
  • Accepting Cryptocurrency as Fees Payment—Is It Permitted, and What Are the Rules?
  • Ethics Boundaries in Practicing Remotely from the Jurisdiction in Which You Are Admitted
  • Is It Ethical to Reply to All to an Email from the Other Side of a Case When It Includes the Other Side’s Represented Parties?
  • Ethical Issues Concerning Departing Lawyers—Docking Equity Repayment, Forbidden Jumpstarts, and Potential Civil Claims
  • Do the Rules of Professional Conduct Affect How a Lawyer May Respond to a Negative Online Review?
Ethics Issues for IP/IT Practitioners—Part II
Michael McCabe
  • Where USPTO Ethics Rules Diverge from State Ethics Rules—Dealing with the Differences
  • The Flood of Mark Registration Applications from China—The Impact on U.S. Trademark Attorney Ethics
  • Ethics Concerns When IP Attorneys Work with Foreign Associates
  • Is Your Patent or Trademark Paralegal Engaging in Unauthorized Practice of Law?
  • Identifying and Resolving IP Subject Matter Conflicts of Interest
Cybersecurity and Technology Developments Update
Alex Reynolds
  • Computer Fraud and Abuse Act—The Supreme Court Narrows the Zone of Covered Acts. How Should Businesses Respond?
  • Privacy Law Update—New and Potential State Laws, the Appetite for a Federal Privacy Law, and Major Updates in Europe
  • Information Security Trends—The White House Has Been a Flurry of Activity. Are New Cybersecurity Requirements Imminent?
  • Data Openness—Inside the Battle Between Financial Institutions and Data Aggregators
  • Certifying Privacy Class Actions and Assessing Article III “Injury”—Transunion v. Ramirez
Recent Developments in Licensing, SaaS, and Other Technology Agreements
Ward Classen, Tobey Marzouk
  • Trends in IT Agreements
  • Trends in Light of COVID-19
  • Obtaining the Rights You Need
  • Predicting the Future
  • Web-Based Contract Terms
  • Security Processes
  • Warranties vs. Service Levels in Services Agreements
  • Google v. Oracle: What Does It Mean for Licensing?
Trademark and Domain Name Developments
John Farmer
  • A Flood of Mark-Registration Applications Swamps the USPTO, Principally Fake Applications from China
  • The Trademark Modernization Act—Are the New Cancellation Procedures Worthwhile?
  • USPTO Failure-to-Function Refusals (Mainly) for Commonplace Phrases—Can You Overcome Them, and Where Are the Borders?
  • USPTO Aggressiveness in Finding Terms Generic—How Far This Has Gone, and How to Deal With It
  • Company Principals Applying for and Owning Company Marks—Permissibility, Practicality, and Pitfalls
  • Contributory Liability for Mark Infringement by Others—Can You Stop Infringements by Going After Landlords and Marketplaces?
Copyright Developments
Tobey Marzouk
  • The New Copyright Small Claims Court—Is It Worthwhile? Will It Be Effective?
  • Invalidating a Copyright Registration and Is Fraud Required?
  • Supplementing and Correcting a Copyright Registration: Words of Caution
  • How Many Statutory Damage Amounts Can Be Recovered Within in a Distribution Chain?
  • The Amorphous Concept of Copyright Fair Use
  • Recent Developments Involving Copyright Statute of Limitations
Patent Developments
Scott Kelly
  • The Current State of What Is Patentable—Recent Movement in Where the Lines Are
  • When Is a Printed Publication Sufficiently Public to Constitute Prior Art?
  • Supreme Court Narrows Bar on Patent Attacks by Inventors—How Does This Affect Patent Assignment Drafting?
  • Unconstitutionality of PTAB Judges Appointment Method—What Practical Effect?
  • When Can the PTAB Decline a Timely Filed Case Because of the Progress of Federal Court Litigation?
  • When Does an Interested Party Have to Be Included as a Plaintiff in a PTAB Challenge?

Faculty

COURSE PLANNER AND MODERATOR

John B. Farmer, Leading-Edge Law Group, PLC / Richmond

FACULTY

H. Ward Classen, Discovery Education, Inc. / Silver Springs, MD
John B. Farmer, Leading-Edge Law Group, PLC / Richmond
Seth Guggenheim, Virginia State Bar / Richmond
Scott M. Kelly, Banner & Witcoff, Ltd. / Washington, DC
Tobey B. Marzouk, Marzouk & Parry / Washington, DC
Michael McCabe, McCabe Ali LLP / Potomac, MD
Alex Reynolds, Davis, Wright, Tremaine LLP / Washington, DC

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