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ABA-IPL CLE Programs

The Whole World Is Watching! Privacy, Copyright and Parental Control in the Age of YouTube, MySpace and Beyond

(primary sponsor: ABA Forum on the Entertainment and Sports Industries)
Rooms 2014/2016, 2nd Floor, Moscone Center West

Thursday, August 9, 10:30 a.m.- 12:00 noon
Interactive media now moves at the speed of light. You can capture your daughter’s winning goal in Saturday’ssoccer match on digital video, score it with your favorite ‘80s anthem (think: “Personal Best”) and upload it to YouTube or MySpace in a matter of seconds. Before you know it, her video has become an instant Internet phenomenon. Can the law keep pace? More to the point, can you? What every lawyer parent should know, this program will also feature online demonstrations of the latest Internet media technology.

Moderator:
David M. Given, Phillips, Erlewine &
Given LLP, San Francisco, CA

Speakers:
David Anderman, Senior Director
of Business Affairs, Lucasfilm Ltd.,
San Francisco, CA

Zahavah Levine, General Counsel,
Google/YouTube, San Bruno, CA

Chris Kelly, General Counsel, Facebook.com
Palo Alto, CA

Pamela Samuelson, Richard M. Sherman
Distinguished Professor of Law &
Information, University of California
(Berkeley), Boalt Hall School of Law,
Berkeley, CA

Fred von Lohmann, Senior Staff
Attorney, Electronic Frontier Foundation,
San Francisco, CA

Tanya Greig, Vice President –
Business Affairs and Administration,
Interscope/Geffen/A&M Records,
Santa Monica, CA

Trademarks, Celebrities, and The Good Deed: Using Celebrity Branding for the Public Good

(co-sponsored by the ABA Section of Business Law, Forum on Franchising, and Sports and Entertainment Law Forum)
Room 2020, 2nd Floor, Moscone Center West

Friday, August 10, 2:00 - 3:30 p.m.
The merger of trademark law, public service advertising and celebrity branding has created some groundbreaking new marketing campaigns that raise legal issues covering many areas of intellectual property law. Panelists will focus on campaigns such as the (RED)™ campaign developed by Bono and championed by American Express, Apple, Converse, GAP and others (and which features numerous celebrities), to discuss issues arising when celebrities use their star power to promote causes and public good, including ownership, enforcement, right of publicity, as well as other trademark and copyright issues. The panel will also address what happens when scandal strikes a company or celebrity, and related issues such as damage control, impact on brand, etc.

Moderator
Helen Hill Minsker, Banner & Witcoff, Ltd., Washington, DC

Speakers
Daniel Levin, Associated Talent
Management, Los Angeles, CA

D. Peter Harvey, Harvey Siskind LLP,
San Francisco, CA

Daniel K. Feldman, Foley Hoag LLP,
Boston, MA

Representative from Corporate
Participants in the (RED) campaign

Emerging Antitrust and Misuse Theories Involving the Licensing and Enforcement of Copyrights in Cyberspace

(co-sponsored by the ABA Section of Antitrust Law)
Room 2018, 2nd Floor, Moscone Center West

Friday, August 10, 2:00 - 3:30 p.m.
The world of the Internet has dramatically changed the way copyrighted works are distributed and published. Traditional and new media today strive to find a balance between protecting the rights of creators and content owners and the consuming public’s ability to communicate with one another, new technologies—and a few new lawsuits—directly raise the ways in which competition principles and the intellectual property laws are being applied to establish what may be a new balance between the rights of the public and those of the content owners.

This program will focus on these important issues in the context of new technology and major pending litigation, and will include at least the following specific topics:

(1) Traditional media and new media in the courts, e.g., Viacom, Google, and YouTube; the Google library project.
(2) DVRs . and time and space shifting; and
(3) Antitrust counterclaims in intellectual property cases.

Moderators
Carole Handler, Foley & Lardner, LLP,
Los Angeles, CA

Henry C. Su, Howrey LLP, East Palo
Alto, CA

Speakers
William Patry, Senior Copyright
Counsel, Google, Inc.,
Mountain View, CA

Mitch Singer, Chief Technology Officer,
Sony Pictures Entertainment,
Culver City, CA

Fred von Lohmann, Electronic Frontier
Foundation, San Francisco, CA

Business Success Using Open Source

Room 2020, 2nd Floor, Moscone Center West

Saturday, August 11, 2:00 - 3:30 p.m.
Open source is both controversial and commonly used in business today. The legal issues surrounding the use of Open Source have continued despite the fact that 80% of all businesses use it. This presentation would focus on the business models that are currently succeeding using Open Source. That Open Source is the basis of a phenomenon which proceeds despite copyright, contract, and contradictory international law will be the focus of this panel. Insight from those on the front line of where Open Source is a successful business model will be the theme.

Moderators:
Katherine Spelman, Cobalt LLP,
Berkeley, CA

Speakers:
David Kappos, VP and Assistant General
Counsel, IBM Corporation, Markham, ON

David Marr, Sun Microsystems, Inc.,
Santa Clara, CA

Karen Copenhaver, Choate Hall, Boston,
MA. Formerly Executive Vice President
and General Counsel, Black Duck
Software, Inc.

Stephen Weber, Professor of Political
Science, U.C. – Berkeley, Berkeley, CA

Patenting Tax-Related Inventions: What's All the Fuss About?

(co-sponsored by the ABA Section of Taxation)
Room 2022, 2nd Floor, Moscone Center West

Saturday, August 11, 2:00 - 3:30 p.m.
Recent popular press reports have focused attention on patents on inventions for tax-related methods. Some commentators have been critical of these inventions while others see no difference between these and any other new, useful and non-obvious invention related to a U.S. regulatory scheme. Are patents on tax-related inventions different? Desirable? Find out from a panel of experts—from the U.S. Patent and Trademark Office, industry and private practice. Find out what’s really been happening and hear perspectives from all sides of the issue.

Moderator
E. Anthony Figg, Rothwell, Figg, Erns & Manbeck, P.C.
Washington, DC

Speakers
Tax attorney: Prof. Ellen Aprill, Loyola Law School
Los Angeles, CA

Patent attorney: Lynn Pasahow, Fenwick & West
Mountain View, CA

USPTO representative: Wynn Coggins, Director of Art Unit
3600, U.S. Patent & Trademark Office,
Washington, DC

Industry representative:
(Securities Industry and Financial Markets Association) IP Committe Chief IP Counsel
Goldman, Sachs & Co.
New York, NY

Litigation Skills: How Jurors Think— Crafting a Jury-Friendly Case from Start to Finish

(co-sponsored by the ABA Law Student Division and Young Lawyers Division)
Room 2018, 2nd Floor, Moscone Center West

Saturday, August 11, 2:00 - 3:30 p.m.
How do you persuade? Is there really any difference in persuading jurors at trial, or your opponents in mediation? What are the parallels in preparing for these two distinct events? Do you understand where these finders of fact are coming from? How they think? Do you understand the very real changes in the venire with regard to expectations not only of evidence, but how it is presented? We will take you through the following:

  • Understanding how to meet jurors
    “where they are”
  • Learning how finders of fact
    problem solve a dispute and what
    they remember most
  • Identifying how your courtroom
    demeanor may be helping (or
    hurting) you
  • Capturing the power of technology
    to strengthen your case
  • How to handle “the CSI affect.”—
    a new juror phenomenon
  • Real case studies demonstrating
    the above

Moderator
Yoncha Kundupoglu, Hogan & Hartson
LLP, Los Angeles, CA

Speakers
Tara Trask, President, Tara Trask, LLC,
San Francisco, CA

Greg Glass, President, Point
Multimedia, LLC, Dallas, TX

Law firm representative, to be
announced

Arbitration and Mediation of Intellectual Property Disputes Today

(primary sponsor: ABA Section of Dispute Resolution)
Room 2004, 2nd Floor, Moscone Center West

Saturday August 11, 3:45 - 5:00 p.m.
Against the background of the rising cost and increasingly international scope of intellectual property (IP) litigation, more owners of IP rights now look at arbitration, mediation and other forms of ADR. This program aims to explore the circumstances in which IP owners are prepared to use, and have used, ADR; where they did, whether it has lived up to their expectations by comparison to other options; what have been some of the practical do’s and don’ts of the processes; and what place arbitration and mediation take in IP dispute clauses and policies. The program includes discussion of the experience of the WIPO Arbitration and Mediation Center.

Speakers:
M. Scott Donahey, Arbitrator and Mediator
Palo Alto, California

Peter Michaelson, Michaelson & Associates
Shrewsbury, PA

Mark Partridge, Pattishall, McAuliffe, Newbury, Hilliard & Geraldson, LLP
Chicago, IL

Erik Wilbers, Acting Director, World Intellectual Property Organization (WIPO) Arbitration and Mediation Center
Geneva, Switzerland

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