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Programs in Corporate and Securities Law



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Secret Prior Art to AIA Patents After Helsinn v. Teva (June 13, 2019)

Program Number: 2972 Presenter: Charles R. Macedo, Esq.

**** CD's are pre-order only and not available until after the program date - Online Programs are not available until after the program date. If the online purchase button is not showing, then the on-demand program is not yet available. **** In 2011, Congress totally rewrote the Patent Act's definition of prior art. By replacing the traditional "first-to-invent" system with a "first-inventor-to-file" system, the concept of what was considered prior art was substantially changed. In doing so, Congress kept some familiar concepts like "on-sale" in the Act, but included a catchall qualifier of "otherwise available to the public". Conventional wisdom was that "on-sale" prior art would not include non-public information. This past term, a unanimous Supreme Court in Helsinn Healthcare SA v. Teva Pharmaceuticals USA, Inc., found otherwise, and affirmed a holding by the Federal Circuit that a confidential sale of an invention ready for patenting was still prior art -- even if

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Securities Regulations Applied to Security Token Offerings (March 6, 2019)

Program Number: 2950 Presenter: Marc Boiron, Esq.

**** CD's are pre-order only and not available until after the program date - Online Programs are not available until after the program date. If the online purchase button is not showing, then the on-demand program is not yet available. **** Offerings merged in 2018 to give us security token offerings, the application of securities laws to security token offerings have created uncertainty for issuers. The confusion exists around the actual security being issued, how it can be issued and how it can be traded after being issued. Understanding the current state of security token infrastructure is key to understanding how companies issuing tokens will comply with securities laws. No new securities laws exist for security tokens but the boundaries of existing securities laws are being tested.

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FISA: More of Everything You Didn’t Know (March 28, 2019)

Program Number: 2946 Presenter: George W. Croner, Esq.

**** CD's are pre-order only and not available until after the program date - Online Programs are not available until after the program date. If the online purchase button is not showing, then the on-demand program is not yet available. **** Electronic surveillance represents the most important foreign intelligence collection tool available to the U.S. government. Correspondingly, the ability to surveil constitutes one of those activities most susceptible to abuse by a government against its citizens. In the U.S., the government’s use of electronic surveillance is highly regulated and can be conducted for only two purposes: law enforcement, which is undertaken by both federal and state governments; and foreign intelligence collection, which is an exclusively federal government function conducted pursuant to a single authority - the Foreign Intelligence Surveillance Act or “FISA”. FISA governs not only electronic surveillance but the use of physical searches, pen registers, trap and trace

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Inspector General Whistleblower Investigations – How They Work & How to Manage if Under Investigation (Feb 20, 2019)

Program Number: 2945 Presenter: Margaret Cassidy, Esq.

**** CD's are pre-order only and not available until after the program date - Online Programs are not available until after the program date. If the online purchase button is not showing, then the on-demand program is not yet available. **** Federal Government inspector general offices are required to investigate whistleblower complaints against contractors in certain circumstances. If your company does business with the federal government, it is important to know: How inspector general offices work, When IG’s must investigate whistleblower complaints, How the “new” DoD alternative dispute resolution process for whistleblower complaints work, and What your company can do to mitigate the risk of an inspector general investigation as well as how to manage if your company is under investigation. This CLE will discuss applicable laws, regulations and best practices on making it through an IG investigation.

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Law Firms at a Crossroads: The New Paths to Safeguarding Data as Attacks Ramp Up

Program Number: 2937 Presenter: Brian Lapidus, Keith Wojcieszek

How do you protect your firm? The vast majority of cyber-related vulnerabilities can be traced to staff and third parties who accidentally or deliberately don’t follow security protocols or are tricked into downloading malicious code. Led by Keith Wojcieszek, former head of the USSS Cyber Intelligence Section, Criminal Investigation Division, and Brian Lapidus, global leader of Kroll’s Identity Theft and Breach Notification practice, this session will provide an overview of the latest cyber threats, insights into risks posed by the dark web, the opportunities presented by incorporating cyber intelligence into engagements, and practical steps to minimize its risks do data security, privacy, and overall firm reputation.

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Class Action Settlements: Getting Approval to Get the Deal Done (May 16, 2019)

Program Number: 2935 Presenter: Michael Thompson, Esq.

**** CD's are pre-order only and not available until after the program date - Online Programs are not available until after the program date. CLICK ONLY THE ONLINE BUTTON TO ADD TO CART, IF THAT BUTTON IS NOT AVAILABLE, THE PROGRAM HAS NOT YET BEEN PRODUCED **** After months or years of hard-fought litigation, you’ve reached a settlement of a class action lawsuit. The settlement procedure, however, has more steps than your typical settlement. In this program, Michael Thompson and Redi Kasollja will guide you through the class action settlement process. From drafting the agreement through final approval, Michael and Redi will give you tips and alert you to pitfalls that will help you get through the class settlement process unscathed.

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Cartel Enforcement: What You Don’t Know Could Cost You—So Listen in and Know It (Feb 27, 2019)

Program Number: 2931 Presenter: Robert E. Connolly, Esq.

**** CD's are pre-order only and not available until after the program date - Online Programs are not available until after the program date. CLICK ONLY THE ONLINE BUTTON TO ADD TO CART, IF THAT BUTTON IS NOT AVAILABLE, THE PROGRAM HAS NOT YET BEEN PRODUCED **** This program will give you critical information to avoid a crippling cartel investigation; an insider’s look at how to deal with the Antitrust Division if an investigation does occur; and if things go really south, how to limit the damage for the company and its executives. Topics Covered: • What are the DOJ’s priorities at this time? • Key provisions of an effective compliance program • Counseling executives on how to deal with the FBI—before the knock on the door! • The Antitrust Division’s Corporate Leniency Program • Getting business done during an investigation • Negotiating with the Antitrust Division if a case is going to be

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Intellectual Property and Beyond: Expansion of Intellectual Property Rights in the Fashion Industry

Program Number: 2913 Presenter: Olivera Medenica, Esq.

This program will examine traditional intellectual property or design rights in the United States, and will examine the latest cases dealing with brand owners seeking to apply traditional IP rights to non-traditional elements of a design. The panel will examine whether recent cases indicate a willingness for courts to expand upon such rights vis-à-vis the fashion industry.

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The New Normal: 8 Steps to Seeing if Your Company Defends Customer Data

Program Number: 2904 Presenter: Elizabeth G. Litten, Esq.

According to a recent IBM survey, nearly two-thirds of consumers are more concerned about a breach of their private data than they are about going to war. Companies of all types and sizes collect and maintain customer data, and the customer assumes and expects that the company will protect their data and will not use, store, or share it in a way that puts them at risk. Today, a company should put as much effort into defending and protecting its customer data as it puts into defending and protecting its proprietary data and trade secrets, since breach, loss, or misuse will, at the very least, erode customer trust and the company’s reputation. Please join Fox Rothschild Partner and HIPAA Privacy and Security Officer Elizabeth Litten as she discusses eight steps your company can take to see if it is defending its customer data.

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A FISA Primer- Everything You Didn’t Know, You Didn’t Know

Program Number: 2878 Presenter: George W. Croner, Esq.

Electronic surveillance represents the most important foreign intelligence collection tool available to the U.S. government. Correspondingly, the ability to surveil constitutes one of those activities most susceptible to abuse by a government against its citizens. For years, electronic surveillance for foreign intelligence purposes was considered an exclusively Executive Branch authority, and every president from Franklin Roosevelt to Richard Nixon authorized its use. When serious abuses by U.S. intelligence agencies were revealed during congressional hearings held in the aftermath of Watergate, Congress reacted by passing the Foreign Intelligence Surveillance Act which, for the first time, subjected foreign intelligence electronic surveillance conducted in the United States to a statutory regimen that included approval by a newly created Foreign Intelligence Surveillance Court. Today, there is more discussion, and controversy, about FISA than at virtually any other time in its history. This program is going to discuss the evolution of the use

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