Overview (Program Summary)
a 3/4-Day Intellectual Property-issue CLE event
Wednesday, February 8, 2023
10:00 am - 5:00 pm + Reception
A 3/4-day, 5.5-CLE credits event devoted to Intellectual Property issues including 1 hour of technology credit PLUS 1 hour substance abuse credit.
We’ll have a reception (5:00-6:00) following the presentations.
Sean Doyle - Substance Abuse
Fish & Richardson
Baker & McKenzie
Womble Bond Dickinson
10:00-10:05 Introduction and logistics
10:05-11:05 Sean Doyle (Substance Abuse Credit)
It Is Not The Mountain We Conquer - Thriving over the long course of our legal careers
The practice of law can be difficult, tedious, and contentious. As a result, lawyers historically have had some of the highest rates of substance abuse, depression, job dissatisfaction, and a whole other parade of horribles. And yet, there are those among us who report that the practice of law makes their lives undeniably richer and more meaningful. If we are going to continue to do good work for our clients and thrive over the course of our long careers (and lives) it is helpful to know what these people are doing differently. In this program we will explore the threats to a lawyer’s well-being, the signs and symptoms of alcohol and substance abuse, and where to get help. However importantly, we will draw from the previously unpublished experiences of lawyers who are flourishing in the practice of law, and from the research in the psychology of well-being, so that we all can discover practical strategies to help ensure our practices contribute to the betterment of our lives.
John A. (“Sean”) Doyle is a poet and consulting psychologist and has been practicing law for thirty years. He is currently general counsel for MCNC, a technology nonprofit providing broadband and cybersecurity to North Carolina’s schools, government and other community anchor institutions. A BarCAREs Board Member, Sean taught psychology at NC State for close to a decade, works with recovering addicts, army drill sergeants, Buddhist monks, lawyers, law firms and other groups on matters of meaning and resilience. Sean has also written widely on wellbeing topics in Psychology Today and other mediums and is the author of Mud and Dreams: Essays on falling more deeply in love with life. For more, please see www.JohnSeanDoyle.com
11:15-12:45 Fish & Richardson
Optimizing Your Company's IP Today for Effective Protection and Enforcement Tomorrow
Companies both big and small often find themselves ill-prepared when it comes to protecting and enforcing their IP in litigation resulting in unfavorable outcomes or ineffective remedies. With an emphasis on patent and trade secret protection, Fish IP litigators Brian Livedalen and Adam Shartzer present a litigator’s perspective on practical steps companies can take now to optimize their IP enforcement potential for future litigation. As to patents, the program will explore how to implement policies, such as patent marking, to maximize patent damages. The program will also address how to navigate the ever-changing landscape of patent venue. With respect to trade secrets, the program will focus on effective strategies for identifying, maintaining, and protecting trade secrets and will touch on best practices related to identifying trade secrets, employee hiring and departures, and measures to maintain secrets.
1:45-3:15 Baker & McKenzie
View from the trenches: real-life examples of recent cyber events and related cross-border data privacy issues
In this presentation, experienced cybersecurity practitioners from Baker McKenzie will discuss the multiple risks associated with cyber-incidents from a legal, reputational and shareholder value perspective and the critical need to coordinate a holistic response from the various functions within an organization (e.g., IT, Information Security, Legal, HR, PR, Compliance, Marketing). The panelists will share examples of recent cyber incidents that they have guided and counseled clients through--including ransomware attacks, business email compromise, insider threats, and fund transfer fraud. We will discuss the mechanics of how these incidents unfolded, significant legal issues that arose, and lessons learned, all of which will be designed to empower attendees to prevent such incidents within their own organizations, avoid common pitfalls, and mitigate legal risks in the event such incidents occur. Our panel will include a federal government representative who will provide views on government expectations and investigative resources, including breach reporting and investigation protocol, as well as the benefits of public-private industry collaboration. The presentation will discuss both domestic and cross-border cybersecurity legal issues.
We will also discuss the current data privacy landscape in the aftermath of the Schrems II decision, and how companies are complying with the results of the decision and managing risk associated with cross-border data transfers. We will discuss important considerations arising from data privacy regimes in other foreign jurisdictions and how to reconcile the many competing legal obligations imposed in each country.
Finally, we will provide an update on the data privacy impact on cross-border internal investigations and related considerations from the perspective of both external counsel and federal enforcement authorities.
This panel’s speakers will include Stephen Reynolds (Partner, Chicago – Cybersecurity) who received the distinction of being named one of the “Best Lawyers in America, 2021” in his area of practice. Other Baker McKenzie attorneys from our cybersecurity, data privacy and government investigations practices will include Brian Whisler (Partner, Washington, DC and former federal prosecutor with the US Department of Justice) and Christina Messerschmidt (Associate, Chicago). We have also invited a federal prosecutor form the U.S. Attorney’s Office, Raleigh National Security Division to participate on the panel.
3:30-5:00 Womble Bond Dickinson (Technology Credit)
Comprehensive Contract Protection of Your IP Rights – Mind the Gaps
This Panel will discuss best practices for contractually protecting IP assets, including software, databases, data more generally, a consultant’s tools of the trade, companies’ basic marketing materials and website, and licensed materials (whether covered by patents, copyrights or trademarks). We will also address the ambiguities and gaps we often see across industries, clients, and targets being acquired by clients. Takeaways will include strategies to paper up and avoid common pitfalls.
5:00-6:00 Cocktail Reception
Prestonwood Country Club
Cary, NC (www.prestonwood.com)
Pending approval for 5.5 hours of NC CLE including 1 hour of substance abuse credit and 1 hour of technology credit.
No cost for students, full-time law school faculty and staff, and ACC members and their non-lawyer colleagues.
$100 for ACC-eligible non-members.
$500 for members of RTAC-ACC sponsor firms other than presenting sponsor firms.
By credit card, send payment to firstname.lastname@example.org through PayPal.