August 7

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8:30 a.m. – 9:45 a.m.
Women’s Day of Equality Program: “First Chair: Trying Intellectual Property Cases”
co-sponsored with the Commission on Women in the Profession

The burgeoning area of intellectual property law continues to see landmark disputes and big cases going to trial. Women lawyers need to be prepared to lead these cases. Hear from women IP trial lawyers on what skills are needed to try these headline cases, how they developed their expertise and what works in influencing clients to select a woman as lead counsel in an IP matter.

Moderator
Marylee Jenkins, Arent Fox LLP, New York

Speakers
Dale Cendali, O’Melveny & Myers LLP, New York
Sharon Barner, Foley & Lardner LLP, Chicago, IL
Cecilia H. Gonzalez, Howrey LLP, Washington, DC
Lisa A. Dunner, Dunner Law, Washington, DC

10:30 a.m - 12:00 p.m
ABA Presidential Showcase Program: The Future of Music: The Collision of Law, Technology and Rock n’ Roll
Sponsored Section of Science & Technology Law
co-sponsor by the Section of Intellectual Propery Law

Is rock n’ roll really dead or are there other influences impeding the distribution of music today? What’s shaping the music we listen to today and how we receive it? Are current laws impeding or benefiting musicians and consumers? This program will look at the legal and technological issues that are rapidly transforming the music industry, with an eye (or is that an ear?) to understanding better the current state of music and the law. Panelists will include a musician, leading music industry and technology lawyers, and representatives of both the major and independent record labels. Come to this program to hear a demonstration of the latest in music technology and to understand what’s driven the transformation from 8-tracks to iPod players.

Speakers
David Haines, Front of House/Lead Tour Engineer, Black Eyed Peas & Fergie, San Diego, CA
Mark A. Fisher, Principle, Fish & Richardson, P.C., Boston, MA
Cary Sherman, President, Recording Industry Association of America, Washington, DC
Amawchi Uzoigwe, Co-Founder, Definitive Jux, New York, NY

2:00 p.m - 3:30 p.m.
How to Cross Market Your Client Across Multi-Media Platform: Branding the Entertainment, New Media, Arts, and Sports Industries
Sponsored by ABA Forum on the Entertainment and Sports Industries

Co-sponsored CLE program: How to Cross Market Your Client Across Multi-Media Platforms: Branding in the Entertainment, New Media, Arts, and Sports Industries
Sponsor ABA Forum on the Entertainment and Sports Industries

The program will discuss the legal issues of contract, copyright, privacy and celebrity rights. The opportunity for all lawyers, their clients and sponsors – especially those involved in new media, technologies, sports, entertainment, and arts-to reach new clients and consumers is rapidly expanding and cross marketing is required to stay competitive. A panel of national experts provides lawyers with the business models and marketing strategies to brand and promote in digital and traditional media, evaluates how to implement integrated horizontal and vertical marketing campaigns, and explains the legal challenges and pitfalls. The panel also explores non-traditional and emerging messaging formats in integrated marketing space. The Coca Cola Company, Mad Men, The Restaurant, Johnson & Johnson Spotlight Presentation, Bound for Glory, Meet Mr. Mom, indigenous cultural products, museums, and many more. 

Moderator:
Jeffrey Gewirtz, Senior Vice President & General Counsel, NETS Basketball/Brooklyn Sports & Entertainment, East Rutherford, NJ

Speakers:
Jessica Darraby, Darraby Law, Los Angeles, CA
Richard Kurnit, Frankfurt Kurnit Selz & Klein, PC, New York, NY
Robert Riesenberg, Full Circle Entertainment, New York, NY

August 8

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8:30 – 10:00 a.m.
CLE Program: How to Be at the Top of Your Game as an ADR Advocate— Best practices in ADR Advocacy for Intellectual Property Cases
(Presidential CLE Centre)
Co-sponsored by Young Lawyers Division

Representing clients in ADR processes such as arbitration and mediation requires special skill and practice.  This program will identify common mistakes made and misconceptions held by practitioners in serving as ADR advocates and suggest best practices to develop.

Moderators
Harrie Samaras, RatnerPrestia, Valley Forge, PA
Linda DeBruin, Kirkland & Ellis LLP, Chicago, IL

Speakers:
Don Martens, Knobbe Martens Olson and Bear LLP, Irvine, CA
Margaret Shaw, JAMS, New York, NY
Hildy Bowbeer, 3M Innovative Properties Company, St. Paul, MN
Claudia Ray, O'Melveny & Myers LLP, New York, NY
James Amend, Chief Mediator, U.S. Court of Appeals for the Federal Circuit

8:30 – 10:00 a.m.
CLE Program: Text and Mobile Marketing in a Wired World
(Presidential CLE Centre)
Co-sponsored by The Section of Science & Technology, Communications Forum and the Section of Public Utility, Communications and Transportation Law

Major brands are looking for innovative ways to develop personal connections with consumers, and see handheld devices as the new key to forging that relationship.  Over the last few years, companies have increasingly communicated with consumers over handheld devices.  From instant win games, voting on Internet-based sweepstakes, to downloading free ring tones and messages from favorite celebrities, handhelds have been a new, favorite, marketing tool.  These activities raise unique legal concerns, including how to send advertising messages to cell phones (TCPA and CAN-SPAM), as well as concerns with other consumer protection laws and enforcement actions.  In this session we will discuss those laws, legal issues, and how today's practitioner can take a practical approach to the issue of mobile marketing.

Speakers:
Tia Arzu, Counsel, AT&T Corp.
Gabe Karp, Senior Vice President/General Counsel, ePrize, LLC, Detroit, MI
Liisa Thomas, Winston & Strawn LLP, Chicago, IL

2:00 p.m. – 3:30 p.m.
CLE Program:  Trying a Patent Case in the Southern District of New York

Each year, the Southern District of New York receives a sizeable number of patent infringement filings. As a result, many patent litigators will find themselves litigating a case in the Southern District. This panel will address the most effective ways to handle a patent infringement suit in this district. What are the best ways of proceeding with Markman? What are the best ways to win over a jury in the Southern District? A panel of Southern District judges and leading practitioners guides us through the process and provides their insight.

Moderator
Ashe P. Puri, Sidley Austin, LLP, New York, NY

Speakers
Theresa M. Gillis, Howery LLP, New York, NY
Hon. J. Denise Cote, U.S. District Court, Southern District of New York
Other speakers TBD

2:00 p.m. – 3:30 p.m.
CLE Program: Life after GPLv3: New Developments in Open Source Software Licensing
(Presidential CLE Centre)
co-sponsored by the Section of Science & Technology Law

The past year has seen significant legal developments concerning open source software licensing, most notably, the publication of the GPLv3 license, which is much more comprehensive than GPLv2 and attempts to address the changes in software law over the past 15 years, as well as initial efforts to enforce open source software license requirements in the courts.  This panel will explore the new GPLv3 license, how it differs from GPLv2, the status of GPLv3 adoption and recent litigation concerning the enforcement of GPL and other open source license terms affecting GPLv3 or other open source license use.

Moderator
Sue Ross, Fulbright & Jaworski L.L.P., New York, NY

Speakers
Gabe Holloway, Leonard, Street and Deinard, Minneapolis, MN
Terry Ilardi, IBM Corporation, Armonk, NY
Jason Haislmaier, Holme Roberts & Owen LLP, Boulder, CO
Jim Markwith, Microsoft Corporation, Redmond, CA

3:00 p.m - 4:30 p.m.
Co-sponsored CLE program: What the Presidential Candidates Should be Saying About Judicial Selection
Sponsored by The Judicial Division

Join the Judicial Division for its Signature Program about the criteria United States presidents should use in selecting federal judges.

Moderator:
Linda Greenhouse, Senior Correspondent, New York Times

Speakers:
Prof. Christopher Eisgruber, Princeton University, Princeton, NJ
Prof. Sherrilyn Ifill, The University of Maryland School of Law, Baltimore, MD
Dean Kenneth Starr, Pepperdine University School of Law, Malibu, CA

August 9

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Join us at the Waldorf=Astoria for:

8:30 a.m. - 11:00 a.m.
Section Business Session: Debates and Members Forum (CLE Credit available)

A unique feature of the Section’s annual meeting, the Business Session features presentation, discussion, and debate on the substantive policy proposals presented by the Section’s committees. In the past, topics have ranged from “first to file” versus “first to invent,” trade dress protection for product configurations, and file downloading. Leading experts in the field of IP law will present the issues of the day in this open forum setting in which attendees are welcome to participate and provide their own comments. CLE accreditation has been applied for.
The Business Session will continue after the Members Forum with the election of Section leadership for the coming year.

1:45 p.m. – 5:00 p.m.
Section Members Forum:
IP Litigation: Global Best Practices (CLE Credit available)
Developed in cooperation with the International Bar Association Intellectual Property and Entertainment Law Committee

Intellectual property litigation is taking place in jurisdictions all over the world. This panel will discuss different approaches to IP litigation around the world and will identify best practices of each system. Specific subjects include pleadings, discovery, presentation of evidence, trial practice and a general discussion of what to expect in each jurisdiction.

Moderator
Luke Dauchot, Kirkland & Ellis LLP, Los Angeles, CA

Speakers
Klaus-Jeurgen Michaeli, Bird and Bird, Dusseldorf, Germany
Isabel Davies, CMS Cameron McKenna LLP, London, England
John Swinson, Mallesons Stepehn Jaques, Brisbane, Australia
Hajime Watanabe, STW & Partners, Tokyo, Japan

August 10

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8:30 a.m. – 10:00 a.m.
CLE Program:  Globalization of Trademark Practice

As trademarks become internationalized, many manufacturers, distributors and service providers want to sell their products and services under the same or similar brand names all over the world.  But a U.S. trademark registration will not help your client in Europe, Asia or even Mexico or Canada.  This panel will examine international vs. U.S. registrations and the corresponding protections and ramifications.  The Madrid System, WIPO and global standards in IP practice will also be examined during this insightful and comprehensive look into the globalization of trademarks. 

Speakers
Jen Scully, Microsoft Corporation, Redmond, CA
Alan Datri, World Intellectual Property Organization, Geneva, Switzerland
Tom Brooke, Holland & Knight, LLP, Washington, DC

2:00 p.m. – 3:30 p.m.
CLE Program:  State of the Courts Address: Is it Great to Litigate Patents in '08?

This panel will review decisions of lower courts that have examined certain seminal decisions by the Supreme Court and Federal Circuit to determine the effects on the patent system. Key lower court decisions to be discussed include eBay Inc. v. MercExchange, LLC, MedImmune v. Genentech, KSR v. Teleflex, and in re Seagate Technology, LLC.

Moderator
Susan McGahan, AT&T Corporation, Bedminster, NJ

Speakers
David Clonts, Akin Gump Strauss Hauer & Feld LLP, Houston, TX
Jeff Sherwood, Dickstein Shapiro LLP, Washington, DC
Nicholas Groombridge, Weil, Gotshal & Manges LLP, New York, NY

2:00 p.m. – 5:00 p.m.
CLE Program:  Counterfeiters and Pirates: "Knocking Them Off" Their Game
(Presidential CLE Centre)
Co-sponsored by the ABA Forum on the Entertainment and Sports Industries and
The ABA Center for CLE

A roundtable of experts will discuss criminal and civil penalties, government and private anti-counterfeiting initiatives and policies and new legislation all aimed at curtailing the ever-expanding problem of counterfeit goods. You will be hearing directly from the U.S. District Court, U.S. Department of Justice, ICE and USTR, as well as private practice and in-house counsel on the front line in the war against counterfeiting.

Moderator
Nicholas Mcttaffie, Stikeman Elliott LLP, Ottawa, Ontario, Canada

Speakers
Stacey King, Senior IP Attorney, Richemont International S.A., London, England
Mark N. Mutterperl, Fulbright & Jaworski L.L.P., New York, NY
Matthew Bassiur, Computer Crime and Intellectual Property Section, U.S. Department of Justice
Hon. Ronald Lew, U.S. District Court for the Central District of California
Rachel Bae, Director for Intellectual Property & Innovation, Office of the U.S. Trade Representative, Washington, DC
Edward Tarver, Immigration and Customs Enforcement, U.S. Department of Homeland Security, Houston, TX

3:45 p.m. – 5:15 p.m.
Co-sponsored CLE program: Real Concerns When Practicing In Virtual Worlds
Sponsored by the Section of Science & Technology

As virtual worlds expand and become fertile ground for big business, the potential for novel legal issues abound. Disputes arise over virtual property transactions, copyright infringement, “griefing” and other types of in-game harassment, and more. The program will cover some of the practical legal issues arising in current and future litigation of virtual disputes, including jurisdictional issues, ethical considerations, obtaining the “real life” identity underlying virtual avatars, and the mechanics of third party enforcement of terms of service – issues that every attorney will need to become familiar with in the next three to five years as virtual worlds become mainstream. The panel will fulfill ethics requirements by discussing the potential ethical issues an attorney may face when practicing virtually.

Moderator
Cristina Burbach, The Nielsen company, Washington, DC

Speakers
Benjamin Duranske, Auther/IP Attorney, Virtually Blind.com, Boise, ID
Lauren Gelman, Excutive Director, Stanford Law School, Stanford, CA
Steve Mortinger, VP & Associate General Counsel, IBM, Somers, NY
C. Richard Newsome, Partner, Newsome Law Firm, Orlando, FL
Francis Taney, Shareholder, Buchanan, Ingersoll & Rooney PC, Philadelphia, PA

Scholarships are available for all section MCLE events. Scholarships are intended to increase membership involvement in entity activities by providing support to those who would otherwise be financially unable to participate. To request an application or receive additional information, contact Maria Russo at abameetings@staff.abanet.org or at 312-988-5880.

ABA Registration Fee @ $320
(Early Bird Discounted Registration Fee will apply for NY Scholarship Applicants)

Individual CLE Tickets @ $75 each

Individual CLE Tickets for judges and government lawyers @ $35

All Access CLE Badge @ $175
($100 Discount has been applied for NY Scholarship Applicants)

-The scholarship requirement is for New Yrok attorneys ONLY

-One application for all/any CLE programs they attend