Pacific Daylight Time

Revisiting Arbitration Agreements in the Context of PAGA Reform and Other Developments

This presentation will explore the evolving landscape of arbitration agreements, particularly in light of recent case law and statutory changes affecting the Private Attorneys General Act, AB 51 (which sought to preclude employers from requiring arbitration agreements as a condition of employment), and the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. The speakers will examine key legal developments, their impact on arbitration practices, and offer practical insights for navigating these changes. 

Attendees will gain a deeper understanding of how to effectively manage arbitration agreements within this shifting regulatory framework.

Join us on August 9th at 11:30 for lunch and an intimate discussion about joining ACC or learning more about membership resources if you are already an ACC member. Meet other in-house counsel in your local area in a smaller group setting. Hosted by engaged ACC SoCal members you will have an opportunity to meet and interact with other leaders in your community. Please bring a fellow in-house friend with you.

Join us September 19, 2024 - All in-house counsel welcome!

All in-house counsel are invited to participate in up to 6 hours of virtual California CLE programming + lunch delivery across the U.S.!  Discover new and timely legal updates pertaining to all things Intellectual Property.

8:30AM - 9:30AM / WEIL, GOTSHAL & MANGES
Patent Litigation Settlement Agreements:  How to Get the Best Deal For Your Company 

This session will discuss patent litigation settlement agreements from the perspective of the patent owners and the accused parties. Our panelists bring years of experience from the transactional, patent litigation and technology perspectives, and will cover special considerations associated with patent settlements, including key aspects of patent licenses, areas of negotiation, and common mistakes to avoid.

SPEAKERS:
Anne Cappella, Partner, Weil, Gotshal & Manges 
Karen Ballack, Partner, Weil, Gotshal & Manges 
Sarita Venkat, VP & Deputy General Counsel, Global Litigation & Competition, Cisco Systems

9:45AM - 10:45AM / FINNEGAN
A Conversation with PTAB Judges on Recent Developments, Trends, and What to Expect from the PTAB Moving Forward

In the past year, the Patent Trial and Appeal Board (PTAB) has announced many new developments and rule changes that impact both petitioners and patent owners, and several other proposed legislative reforms may further impact PTAB practice. Moderator Arpita Bhattacharyya of Finnegan will present a recap of the latest developments, and explore topics with PTAB judges to better understand what to expect from the changes to the rules and procedures and how companies considering or facing patent invalidation proceedings at the PTAB can best leverage the changes and avoid major pitfalls.

In particular, the conversation will cover:

• Proposed rulemaking related to serial and parallel petitions
• Discretionary denials under Fintiv and Section 325(d)
• Director review and Delegated Rehearing Panel
• Important PTAB-related decisions by the Federal Circuit
• Legislative proposals impacting the PTAB

SPEAKERS:
Arpita Bhattacharyya, Ph.D., Partner, Finnegan 
Vice Chief Judge Michael Tierney, Patent Trial and Appeal Board
Acting Senior Lead Judge James Worth, Patent Trial and Appeal Board

11:00AM - NOON / FARELLA BRAUN + MARTEL
AI & Data Scraping: Copyrights, Contracts & Other Legal Risks

Almost all companies collect data from online sources (known as “scraping”) for some purpose—competitive intelligence, pricing analysis, or more recently, to gather the data that helps build cutting edge AI tools. The boom in AI has altered the legal landscape that applies to data scraping, making an already murky area even more complex. To help navigate this new and changing terrain, join us for a comprehensive exploration of how to successfully manage copyright, contracts, and other legal risks associated with the wild wild west of data scraping, including the latest developments in AI and non-AI scraping legal battles and where the law is coming down in this challenging landscape.

SPEAKERS:
Alex Reese, Partner, Farella Braun + Martel
Janel Thamkul, Deputy General Counsel, Anthropic

NOON Lunch Delivery

12:30PM - 1:30PM / KEKER, VAN NEST & PETERS
Federal Circuit Year in Review

Keker, Van Nest & Peters’ Federal Circuit Year in Review program will delve into notable Federal Circuit cases from the past year, providing critical analysis and practical takeaways on, among other things:

• Standards for obviousness in design patents
• Clarifying the scope of obviousness-type double patenting
• The developing law around “skinny labels” for generic pharmaceuticals
• The admissibility of certain theories of damages
• The scope of domestic industry in the ITC under section 337
• Issues that are currently pending before the court and significant cases to watch.

SPEAKERS:
Gene Paige, Partner, Keker, Van Nest & Peters
Kristen Lovin, Of Counsel, Keker, Van Nest & Peters
Isaac Peterson, Director, IP & Litigation (former Netflix, former Cruise)

1:45PM - 2:45PM / WILSON SONSINI
Thorny IP Issues That Can Potentially Derail M&A Deals:  
How to Timely Identify Them, What To Do If They Arise, and How To Keep Your C-Suite Happy In the Process

As an IP specialist, the last thing you want is for an ugly IP issue to potentially stall or kill a crucial acquisition, divestiture, or investment. This experienced panel will identify some of the more challenging IP issues that a company may face during a merger, acquisition, divestiture, or other transactions and share how best to resolve them so that these issues do not cripple a company's overall M&A objective. Topics to be covered include:

• Identifying IP license provisions that threaten to kill deals.
• Performing diligence in constantly changing legal landscapes, e.g., identifying IP chain of title issues domestically and internationally.
• Managing attorney-client privilege and waiver when selling a business unit.
• Risk mitigation strategies including remediation, deal structure, escrows, indemnification, and insurance.
• Communicating IP risks to stakeholders, including the company’s executives and board.

The panel will not only discuss theoretical perspectives, but provide practical examples to evaluate and navigate IP issues, opportunities, and complexities for strategic decision-making. We invite you to join this session to elevate your M&A strategy with a deep understanding of the pivotal role IP issues play in shaping successful M&A transactions.

SPEAKERS:
Ryan Smith, Partner, Wilson Sonsini
John McGaraghan, Partner, Wilson Sonsini
Michael Guo, Director, IP, Salesforce

3:00PM - 4:00PM / MORRISON FOERSTER
Stop Thief! Protecting Your Trade Secrets in the Global Economy

In our increasingly interconnected world where IP and your most sensitive trade secrets can easily be taken and transported across borders, protecting your IP and trade secrets from theft overseas has become more critical and challenging than ever before. This esteemed panel of professionals will delve into the various options available to protect your IP and trade secrets from theft abroad. The discussion will cover the civil remedies available in US courts, taking action before the International Trade Commission (ITC), and the unique role that the federal government can play in these situations.

SPEAKERS:
Kenneth Kuwayti, Partner, Morrison Foerster
Mary Prendergast, Partner, Morrison Foerster 
Casey Boome, Disruptive Technology Strike Force Coordinator, Department of Justice
Evangelina Almirantearena, Vice President, Associate General Counsel, Antitrust and Litigation, Intel Corporation