Overview (Program Summary)
Please join us for our first VIRTUAL CLE Institute!
EVEN IF YOU HAVE ALREADY REGISTERED FOR THE SESSION(s), YOU WILL HAVE TO DO IT AGAIN USING THE LINKS AND INSTRUCTIONS BELOW NO LATER THAN COB TODAY:
- Visit the ACC Online Education Portal
- Login. ACC Members should use their ACC.com credentials; non-members should select Create an Account
- Click on Education and Events>Online Education. Make sure that it says “Hello, YOUR NAME” on that top bar.
- Click on the relevant Program Link (from the list below)
- Select Add to Cart only once. If you click on the Add to Cart button twice (or more), you won't be able to continue with checkout. The site is a bit slow, so you have to make sure you only click it once and wait for the cart screen to pop up.
- Finding Certainty in Intellectual Property Agreements in Uncertain Times: https://acc.inreachce.com/Details/Information/4ed24644-6854-4f71-928e-1922a3f693c2
- Things I’ll NEVER include in an IP Agreement: https://acc.inreachce.com/Details/Information/0c37802e-9393-48ed-bb76-33e5b4084dea
- Overlooked IP Risks for M&A Due Diligence: https://acc.inreachce.com/Details/Information/9f570724-2040-428b-a7c6-a79d7f21e6dd
- Negotiating IP Representations and Warranties: Keeping Your Eyes On The Prize: https://acc.inreachce.com/Details/Information/feadbc4c-9c4c-4aa7-92a1-0a27db200a5f
May 14th, PART 1 AGENDA:
Session I - 9:30 AM to 10:30 AM - Finding Certainty in Intellectual Property Agreements in Uncertain Times - https://acc.inreachce.com/Details/Information/4ed24644-6854-4f71-928e-1922a3f693c2
The COVID-19 pandemic has created many unforeseen effects throughout the legal world. In the intellectual property space, we will explore the ramifications of these effects on IP agreements, particularly license agreements . We will also examine management of such effects in current agreements and considerations to be taken when drafting future agreements. Finally, we will address IP issues in the USPTO and foreign IP offices that may arise in connection with current and future IP agreements.
Break - 10:30 AM to 11:00
Session II - 11:00 AM to 12:00 PM - Things I’ll NEVER include in an IP Agreement - https://acc.inreachce.com/Details/Information/0c37802e-9393-48ed-bb76-33e5b4084dea
The Art of the Deal may require flexibility and occasionally, concession, but there are situations where you need to hold firm. The panel will look at some industry-specific “No-Go” provisions, and then, using various types of IP agreements as examples, move on to situations where some seemingly innocent phrasing should never be acceptable. Join us for a fun and accessible look into where to draw the line in negotiating IP Agreements.
May 15th, PART 2 AGENDA:
Session I - 9:30 AM to 10:30 AM - Overlooked IP Risks for M&A Due Diligence - https://acc.inreachce.com/Details/Information/9f570724-2040-428b-a7c6-a79d7f21e6dd
During the due diligence process for a merger or acquisition, care is often taken to investigate the IP assets of the counterparty, but how substantial is the investigation of potential IP liabilities of the counterparty? We will discuss some of the risks associated with a purchase or acquisition if one of the companies did not have adequate measures in place to evaluate and address its IP infringement risks prior to the deal and how those risks can be amplified after completion of the deal. Topics to be discussed include:
- Considering the IP risk management policies of the counterparty during the due diligence process;
- Considering how risks of claims of willful patent infringement can increase due to a merger or acquisition; and,
- Best practices for evaluating both IP assets and potential liabilities during a deal.
Break - 10:30 AM to 11:00 AM
Session II - 11:00 AM to 12:00 PM - Negotiating IP Representations and Warranties: Keeping Your Eyes On The Prize - https://acc.inreachce.com/Details/Information/feadbc4c-9c4c-4aa7-92a1-0a27db200a5f
Virtually every modern corporate transaction in every industry involves intellectual property (“IP”) in some capacity. While an efficient and thorough diligence process is essential, negotiating and obtaining favorable IP representations and warranties in the agreement is equally important. In this segment, we will provide an analysis of specific diligence issues and common representations and warranties involving IP that can have significant commercial impacts for all of the parties involved, along with a discussion of several famous (and infamous) illustrations.
- Session I: Jeffrey B. Safran, Ph.D., Special Counsel, McCarter & English, LLP; Melissa DeFrances, Intellectual Property Attorney, Bristol Myers Squibb
- Session II: Michael A. Koptiw, Partner, Condo Roccia Koptiw LLP; Brian J. Hubbard, Partner, Condo Roccia Koptiw LLP; Heather N. Bowen, Counsel, World Wide Entertainment (WWE); Jennifer Carnahan, Lead Counsel, Dow Chemical Company
- Session I: Joseph R. Klinicki, Shareholder, IP Department and Patent Practice Group, Flaster/Greenberg PC; Ross E. Alexander, Shareholder, IP Department and Patent Practice Group, Flaster/Greenberg PC; Mark M. Dugan, Deputy General Counsel, Solenis
- Session II: David C. Vondle, Partner, Akin Gump Strauss Hauer & Feld LLP; In-house Panelist: Kim R. Jessum, Chief IP Counsel U.S., Associate General Counsel & Secretary