Inevitable Disclosures
December 30, 2015

Contents

Breaking News

Dec. 22, 2015. Court of Appeals for the Federal Circuit held the portion of Section 2(a) of the Lanham Act which bars the Patent and Trademark Office from registering disparaging marks to be unconstitutional. In re Tam (Slants).

Live Programs

Intellectual Property Protection and Social Media Issues in the Workplace

Link to Web Page for IP Protection and Social Media Issues in the WorkplaceTuesday, January 19, 2016

The State Bar of California
180 Howard Street
San Francisco, CA 94105

Earn 7 Hours MCLE Credit

Program Planning Committee | Sponsors | Program Schedule |
Essential Information | Printable Brochure | Mail / Fax Reg. Form |
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In California especially, the workplace is often the laboratory where creative ideas are hatched and innovative products are launched. While striving to create environments where innovation and creativity thrive, successful companies must also ensure that appropriate safeguards and agreements are in place to protect intellectual property. Employers also face challenges in navigating fair trade practices and employee privacy rights while capitalizing on the explosion of social media. Complicating the entire picture are the increasingly fluid borders of where, when, and how work is accomplished in this dynamic economy.

Leading intellectual property and employment attorneys from private industry, public agencies, private law firms, and distinguished law schools will identify and discuss the important intellectual property and social media issues that arise in today’s workplace and suggest practical strategies for addressing them.

For more information, see Intellectual Property Protection and Social Media Issues in the Workplace.

Intellectual Property Law Section Mix and Mingle!

Please join members of the IP Law Section for a Networking Mix & Mingle on Thursday, February 4, 2016, at 6 p.m.!

The mixer will be held simultaneously at five locations around the state! If you are, have been, or are interested in being a member of the IP Section, come meet a broad array of diverse practitioners in a relaxed and inviting venue. IP Law Section Executive Committee members and Interest Group officers will be at each location to answer questions, provide information about the Section, or simply to chat.We will be providing appetizers and a limited number of drink tickets, so get there early!

The venues are as follows:

1. San Francisco (Palomino - 345 Spear Street)
2. San Diego (McGregor's Grill & Ale House - 10475 San Diego Mission Road)
3.Los Angeles (Don Chente DTLA - 248 S Figueroa Street)
4. San Jose (TBD)
5. Santa Monica (TBD)

Join us for drinks and snacks and meet some long-time and new colleagues!

Look for additional information and details on Twitter @CalbarIPsection, Facebook, as well as in future editions of Inevitable Disclosures.

Webinars

Webinar: The Ethical Considerations of Playing in the Social Media Sandbox

Thursday, January 7, 2016, 12 noon - 1 p.m.

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This program offers 1 hour of participatory MCLE credit in Legal Ethics.
Presented by the Copyright Interest Group

Social networking is the hottest thing since email. It's fun, fast paced, interesting, and allows you to connect with friends, family, colleagues, and clients in an instant. For lawyers, it levels the advertising playing field. You can market your services, display your writing talent, and share knowledge in your practice area—all at a fraction of the cost of a big advertising campaign. But wait, there’s more! With all the benefits of social networking there are land mines to be aware of. Join the panel for an interesting and provocative session on what every California lawyer must know before stepping into the social media sandbox. In this session you will:

  1. Identify California rules of ethics that are most impacted by social media;
  2. Explore relevant ethics opinions; and
  3. Examine strategies for side-stepping the land mines.

Speaker: Francine Ward.

Webinar Replay: The Ethics of Securing Your Client Data - Locked Down!

January 12, 2016, 2016, 9 a.m. - 10:05 a.m.

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This program offers 1 hour participatory MCLE credit in Legal Ethics
Presented by the Copyright and the Technology, Internet and Privacy Interest Groups

Lawyers have an ethical duty to be competent and to keep their client data confidential. It costs money to protect data and businesses frequently resist budgeting for security, even though an ounce of prevention is far less expensive than a pound of cure. Investigating and remediating data breaches is hideously expensive, not to mention the necessity of complying with state data breach notification laws. This session will cover:

  • How to protect copyrighted material in the digital world
  • Specific security incidents involving copyrighted material
  • How data breaches occur 
  • How to prevent data breaches using a combination of technology, policies and training
  • Secure computing when you’re on the road
  • Encryption
  • The new rules for strong passwords
  • Common sources of breaches: User Error, Technology Snafus, Insiders, Hackers and Hactivists

Speakers: Johm Simek.

Webinar: What Works for Women at Work – Four Patterns Working Women Need to Know to Fight Gender Bias

Thursday, January 14, 2016, 12 noon - 1 p.m.

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This program offers 1 hour participatory MCLE credit in Elimination of Bias
Presented by the IP Section's Licensing Interest Group and the Labor and Employment Law Section

Join us for a dynamic presentation led by Professor Joan C. Williams, one of the nation’s most cited experts on women and work, about her latest book – What Works for Women at Work: Four Patterns Working Women Need To Know.

The presentation offers savvy advice, based on extensive research and interviews with 127 highly successful women, to help women navigate office politics and thrive in high-powered careers. Drawing on hundreds of published studies, Williams pinpoints the ways office politics are trickier for women than men, and even trickier for women of color, identifying four distinct patters of gender bias:

  • Women have to prove themselves over and over (“Prove-It-Again!”);
  • They must navigate a tightrope between being too masculine and too feminine (“Tightrope”);
  • Having children just compounds both problems (“Maternal Wall”); and
  • Gender bias against women often fuels conflicts among women (“Tug of War”).

This presentation provides specific strategies used by highly successful women at the top of their fields to navigate workplaces shaped by subtle bias. Williams offers strategies beneficial to a wide range of women, be they timid or assertive, white or a woman of color, juggling a family or single, 20 or 60 years old. The result is a researched-based “how-to” manual for any woman trying to figure out what concrete steps she can take to advance her career and cope with bias. Please join us for an engaging discussion about the challenges women face in today’s workplace, and learn about data-driven strategies that will help women succeed. Speaker: Joan C. Williams.

Webinar: Drafting IP Agreements: Best Practices from a Litigator's Perspective

Thursday, January 26, 2016, 12 noon - 1 p.m.

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This program offers 1 hour of participatory MCLE credit.
Presented by the Licensing Interest Group

Much can be learned from contracts gone awry. In this webinar, you’ll have a chance to learn some best practices for drafting IP and technology licensing agreements that will help keep your clients out of the courtroom. Key topics will include:

  • License scope: what restrictions can be placed on the scope of an IP license and how to protect downstream or upstream partners.
  • Dispute resolution and other “boilerplate” clauses of consequence: how seemingly boilerplate terms, such as choice of law clauses, can substantively impact the enforcement of IP license agreements.
  • Exclusive dealing and related incentives: understanding the relevant market and how to structure exclusive dealing license agreements to minimize antitrust liability.

Speakers: Eugene Mar and Eric Olson.

Webinar: EU/US Privacy Law: With the "Safe Harbor” Closed, What Next?

Tuesday, February 9, 2016, 12 noon - 1 p.m.

REGISTER TODAY

This program offers 1 hour participatory of MCLE credit.
Presented by the Licensing Interest Group and the Technology, Internet and Privacy Interest Group

When the Court of Justice of The European Union struck down the EU/US Privacy “Safe Harbor” they sent shockwaves through the US privacy community.  Thousands of US companies affected by the decision were faced with the challenge of finding an alternative basis for sharing data between the EU and the US. In this webinar you’ll have a chance to learn about the Court of Justice of The European Union’s decision. You’ll also walk away with practical tips on how to structure your clients cross border data sharing in lieu of safe harbors. Speaker: Francoise Gilbert.

Interest Group Meetings

Friday, January 8, 2016, 12 noon

Monthly “All Hands” Licensing IG conference call. We’ll discuss upcoming webinars and conferences, opportunities for members to get involved, and Hot Topics. Please note: Our monthly calls are the 2nd Friday of every month.

To participate in the meeting, the dial-in number is 855-520-7605, passcode 1211276419#.

Entertainment and Sports Law Interest Group Meeting

Friday, January 15, 2016, 12 noon

Please join the Entertainment and Sports Law Interest Group for a member call on Friday, January 15, 2016, from 12 noon to 1 p.m. During the call we will have an open discussion about webinars that we are working on, topic and speaker ideas for future programs, and opportunities for members to get involved. All IP Section members are invited to participate. For more information about the call or the Entertainment and Sports Law Interest Group, contact Chair Sean Sullivan or Vice Chair David Murphy.

To participate in the meeting, the dial-in number is 855-520-7605 and the Conference Code is 1211276419#.

News

One Hour MCLE Is Available in the Latest Issue of New Matter

Self-Study CLE Tests

One hour of MCLE is available in the current issue of New Matter, the State Bar IP Section's quarterly magazine.

For the Fall issue, you can earn credit for the article Revisiting Section 2(a) Disparagement in Trademark Law: Does the Disparagement Test Make Sense and is the Provision Constitutional? by Samuel Berrin. One hour of MCLE credit can be obtained by answering a set of True/False questions. 

Log on to the webiste www.calbar.org/self-study for details. Watch for other MCLE credit available in future issues of New Matter.

Did You Know You Can Track Your CLE Through Your State Bar Profile?

Log into your profile and click on CLE Summary and Tracking Tool. This summary reflects all in person and online participatory classes completed through the State Bar of California.

Note: Future releases will allow you to manually add courses completed through other providers.

Even if this summary reflects you have completed the required 25 hours of MCLE within your compliance period, you must still formally report compliance by submitting your MCLE compliance declaration through My State Bar Profile.

The Trade Secret Treatise Is Available for Order

Members $115/Non-Members $155. Go HERE for a description, and HERE to order. You will need to click on Intellectual Property.

Writers Wanted for New Matter

Inquiries about writing for New Matter, please contact newmatterjournal@yahoo.com.

MCLE Catalog

Featured CLE Program from Our Catalog!

Online
CLE

Did you miss this program? It's available in our online catalog for CLE credit!

Tips for Effectively Searching the USPTO Database Using TESS

A multi-part series on TESS searching skills will be discussed.  The three forms of search options available, followed by an exploration of free-form searching, field operators, and truncation will be explained.

1 hour participatory MCLE credit
More Information 

For other Intellectual Property Law Section programs, see www.calbar.org/online-cle and select Intellectual Property Law Section.

Contact Us

We invite you to contact a member of the Executive Committee, or an Interest Group Officer. The IP Section has Interest Groups on:

Or contact the Editors of Inevitable Disclosure, Barbara Friedman and Aurelia Schultz.