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Freedom to Operate in a Changing World

This presentation will explore freedom to operate issues in light of both the changing technological landscape and recent Supreme Court decisions. We will explore both intellectual property and contractual issues raised when an invention is developed by multiple companies or uses technology from another industry. We will also discuss best practices for conducting freedom to operate searches, obtaining freedom to operate opinions, and avoiding willful patent infringement.

The New Frontier: Design Patent Protection in the United States

Viewed by some as a way to mark a product as “patented” or “patent pending,” proper obtained properly can be extremely valuable. Design patents can protect unique artistic designs, industrial design efforts, brand identifiers, and even color. 

Join us for a discussion on trends and practical tips related to acquiring and enforcing design patents as part of an overall IP protection strategy. Topics will include: 

• Drafting design patents with scope and international considerations
• Evaluating the scope provided for pioneering designs
• Addressing judicially-created functionality doctrine 
• Protecting for use of colors in designs
• Using design patents and its relation to trademark rights
• Employing effective design patent enforcement strategies

Assembly Bill 5 (AB-5) was recently signed into law by Governor Newsom. The law codifies Dynamex’s “ABC test” and extends its application beyond wage order claims to the California Labor Code, generally.  While the potential impact to companies in the gig economy are making the headlines, the law may impact any company that uses independent contractors.  Join attorneys from Bryan Cave Leighton Paisner as we discuss:

  • Background of AB-5
  • How the law is applied
  • Who does this cover and who is exempt?
  • Potential unintended consequences
  • What is a company to do?

 

Our presentation will be followed by a reception on the rooftop of the Hotel Erwin.

 

8:30-9 Registration at the Stadium's Home Plate Club.  

9-10 - CLE Session 1 - "Arbitration provisions in contracts: Should you have them in your contracts and if so what should the terms be?" presented by JAMS at the Stadium's Home Plate Club.  

10-11 - CLE Session 2 - "How to prepare for and handle litigation matters?" presented by  Dentons US LLP at the Stadium's Home Plate Club.  

11-Noon - CLE Session 3 - "Insurance basics: How to choose the right coverage for your company and how to handle claims." presented by Sacro & Walker LLP at the Stadium's Home Plate Club.    

Noon-1 - Lunch and "Lessons from the Military: Developing Leadership Skills for In-House Counsel." presented by Newmeyer Dillion at Saint Archer Brewing Co. at the Stadium.

From algorithms that vet candidates for employment to developing self-driving cars, US businesses are incorporating AI and machine learning into their operations and products at an astonishing rate.  But AIs are only as good as their programming, and human programmers may include their biases – racial, gender-based and others – into them.  What are businesses to do?    

Learn from our panel of experts about the state of technology in business today; the diversity-based risks companies incorporating AI into their products; and how our society is developing solutions – legal, business and policy-based – to tackle these risks. 

Plus, join us in honoring our “Profiles in Diversity” honoree of the year, Kimberly Chainey, the General Counsel of Panasonic Avionics.  Drinks and hors d’oeuvres on us!

Greenberg Traurig Shareholder Ian Ballon will reprise his popular "year in review" program focusing on the latest intellectual property, privacy, cyber-security, and online contract formation case law, based on the 2020 updates to his treatise (E-Commerce and Internet Law: Treatise With Forms 2d Edition (Thomson Reuters West 2008 & 2018 Cum. Supp., www.ianballon.net)). Attendees will receive copies of extensive excerpts from his treatise.

This year, Ian will address:

  • Data protection and AI - the evolving legal landscape
  • California's Consumer Privacy Act - the new frontier for litigation and what it may mean for your company
  • DMCA law: Reconciling divergent Second and Ninth Circuit opinions on scope and red flag awareness
  • How new anti-SLAPP standards, CDA case and fake news are changing the legal landscape
  • Antitrust and platform liability in the era of Techlash
  • Trade secret protection for platforms
  • The impact of the Music Modernization Act on the DMCA and CDA
  • CDA law - do the 2018 FOSTA/SESTA amendments to the CDA make any difference for your business (and if so, what you should do about it)?
  • Important new Terms of Use, Mobile and online contract formation and arbitration law case law
  • Data privacy and cybersecurity class action suits and new state laws
  • Trademark infringement suits based on the use of social media hashtags

Speaker:
Ian Ballon, Shareholder, Greenberg Traurig

Greenberg Traurig Shareholder Ian Ballon will reprise his popular "year in review" program focusing on the latest intellectual property, privacy, cyber-security, and online contract formation case law, based on the 2020 updates to his treatise (E-Commerce and Internet Law: Treatise With Forms 2d Edition (Thomson Reuters West 2008 & 2018 Cum. Supp., www.ianballon.net)). Attendees will receive copies of extensive excerpts from his treatise.

This year, Ian will address:

  • Data protection and AI - the evolving legal landscape
  • California's Consumer Privacy Act - the new frontier for litigation and what it may mean for your company
  • DMCA law: Reconciling divergent Second and Ninth Circuit opinions on scope and red flag awareness
  • How new anti-SLAPP standards, CDA case and fake news are changing the legal landscape
  • Antitrust and platform liability in the era of Techlash
  • Trade secret protection for platforms
  • The impact of the Music Modernization Act on the DMCA and CDA
  • CDA law - do the 2018 FOSTA/SESTA amendments to the CDA make any difference for your business (and if so, what you should do about it)?
  • Important new Terms of Use, Mobile and online contract formation and arbitration law case law
  • Data privacy and cybersecurity class action suits and new state laws
  • Trademark infringement suits based on the use of social media hashtags

Speaker:
Ian Ballon, Shareholder, Greenberg Traurig

The California Consumer Privacy Act (CCPA) takes effect on January 1, 2020. Is your company ready for the litigation risks? This program will address litigation and regulatory risks stemming from the Act. It will also offer a checklist of considerations as your company finalizes its compliance program. Also discussed will be the California Attorney General’s proposed regulations as well as the latest on a 2020 California ballot initiative to strengthen data-protection measures that promises to complicate privacy compliance even further. 

Speakers: 
Paven Malhotra, Partner, Keker, Van Nest & Peters
Zander Dryer, Associate Product Counsel, Google

Lunch starts at 11:30. Presentation begins at 12:00.

The California Consumer Privacy Act (CCPA) takes effect on January 1, 2020. Is your company ready for the litigation risks? This program will address litigation and regulatory risks stemming from the Act. It will also offer a checklist of considerations as your company finalizes its compliance program. Also discussed will be the California Attorney General’s proposed regulations as well as the latest on a 2020 California ballot initiative to strengthen data-protection measures that promises to complicate privacy compliance even further. 

Speakers: 
Paven Malhotra, Partner, Keker, Van Nest & Peters
Zander Dryer, Associate Product Counsel, Google

Lunch starts at 11:30. Presentation begins at 12:00.

Please join Gretchen Ramos, GT's San Francisco-based Data Protection Shareholder, and several data specialists from well-known Bay Area tech companies to learn about the data compliance issues you will want to have on your radar in 2020, and how you can start preparing.

The panelists will discuss grey areas of the CCPA Regulations, proposed California Privacy Rights and Enforcement Act (CalPREA) Initiative for the November 2020 ballot, and Brazil's LGPD (effective August 2020).

The group will also address several pending data protection laws that could be passed in 2020:

  • U.S. federal privacy legislation
  • India's PDPB if finalized
  • ePrivacy Regulation 

Speakers:
Gretchen Ramos, Partner, Greenberg Traurig
Annie Sun, Assistant General Counsel & Chief Privacy Officer, Castlight Health
Stu Eaton, Director, Privacy and Cybersecurity (Legal), Uber

The California Consumer Privacy Act (CCPA) is scheduled to go into effect on January 1, 2020, and enforcement actions will begin on July 1, 2020. The CCPA has broad application and includes a private right of action as well as the possibility of a class action. Attorneys from Ogletree Deakins’ Data Privacy Practice Group are preparing employers doing business in California for this complex law by reviewing:

  • which employers need to comply,
  • the definition of “consumer,”
  • what qualifies as “personal information,” and
  • steps to take before January 1.

Speakers:
Sean Nalty, Shareholder, Ogletree Deakins
Sean Paisan, Of Counsel, Ogletree Deakins

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