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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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The Role of Social Media in E-Discovery: Current Developments for All Attorneys

Program Number: 2971 Presenter: Theresa M. Coughlin, Esq., Kristen A. Lejnieks, Esq.

As social media takes on an increasingly central role in people's lives, all attorneys must understand the implications of this expansion on e-discovery. This presentation covers preservation, collection, and processing issues unique to social media and emerging social media case law.

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Standing, Statutory Violations, and "Intangible Harm": The Illinois Biometric Information Privacy Act and Beyond

Program Number: 2970 Presenter: Jason Stiehl, Esq., Eli Wade-Scott, Esq.

The presentation will look at the current landscape in State and Federal Courts on standing in suits alleging statutory violations without consequential harm, such as those arising under the Illinois Biometric Information Privacy Act, state consumer protection statutes, as well as federal statutes like RESPA and FACTA. The presentation will cover a history of the standing doctrine, recent relevant decisions, and what is on the horizon, including relevant United States Supreme Court cases. The presenters will offer perspectives from both sides of the bar.

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Rapid Adoption: A Telehealth Primer

Program Number: 2969 Presenter: Carolyn Morris, Andrew ("Drew") B. Wilson, Esq.

Join this session to remove some of the mystique of telehealth. Andrew Wilson, a healthcare attorney, and Carol Morris, Delaware’s Director of Telehealth Planning & Development, will discuss legal, business, and practical considerations for using telehealth in your practice. This Primer will use Delaware’s telemedicine law as a model and address federal infrastructure. They will also discuss where they see the field moving as telemedicine and telehealth proliferate, patients demand access through technology, and the health care system moves to fee for value.

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11 Months In – What You Need to Know About GDPR Scope and Enforcement Actions

Program Number: 2968 Presenter: Odia Kagan, Esq.

Having gone into effect on May 25, 2018 with a “big bang”, the European General Data Protection Regulation (GDPR) overhauled how many companies handle personal data. 11 months in, after the publication of new guidelines on the extraterritorial scope of GDPR and a number of enforcement actions, we have more clarity about what companies fall in scope and things to keep in mind when working on compliance. In this webinar, Odia Kagan, Partner and Chair of GDPR Compliance and International Privacy at Fox Rothschild LLP, will discuss how GDPR applies to you if you are a non-EU entity, key takeaways from enforcement actions and how this all relates to the new California Consumer Privacy Act (CCPA).

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Art and the Spoils of War: Lessons from the Temple of Ishtar

Program Number: 2967 Presenter: Raymond Dowd, Esq.

Join us for the story of how the ownership of an Assyrian gold tablet excavated in 1913 from the Temple of Ishtar ended up before New York’s Court of Appeals. In an image-packed presentation, New York attorney Ray Dowd will narrate the exciting sequence of events leading to his successful retrieval of the tablet on behalf of Germany’s Pergamon Museum. Learn about how this landmark case affects lovers of art and antiquities in New York and beyond. Learn how Abraham Lincoln’s Civil War-era rejection of the spoils of war doctrine shapes our law today. Attendees will obtain a refresher on the basics of conversion and replevin claims in the context of a unique chattel, as well as considering the application of the equitable doctrine of laches in the context of disputes arising from alleged wrongs that may have occurred decades or even centuries in the past.

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Lessons from 'Michael Cohen v. United States'

Program Number: 2964 Presenter: Kelly Cullen, Esq., Wendy Curtis, Esq., E. Scott Morvillo, Esq., Ellen Murphy, Esq., Jeremiah Weasenforth, Esq.

On April 9, 2018, the FBI raided the office, home, and hotel room of President Donald Trump’s personal attorney, Michael Cohen, seizing business records, emails, and electronic data from computers and data storage devices. Because Cohen is an attorney, the documents seized needed to be reviewed for attorney-client privileged communications before they could be turned over to federal investigators. The Court considered using Technology Assisted Review or “TAR” to expedite the privilege review process, but ultimately decided against it. This seminar will explore TAR, how and why it’s an important tool in certain litigations, and why requiring the use of TAR as the sole arbiter for a privilege review in a criminal case is improper and potentially unconstitutional.

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Untangling Fear in Lawyering

Program Number: 2963 Presenter: Heidi K. Brown

For many law students and lawyers, studying and practicing law can be scary. We rarely talk about fear in law school or legal training. Instead, well-meaning mentors advise, “Just do it…fake it till you make it…if your dreams don’t scare you, they’re not big enough.” Yet, scientists confirm that fear blocks learning and performance. It can stoke anxiety and depression in a profession already saturated with mental health challenges. If we can turn down the dial of stress and anxiety even one notch for even one struggling individual in our profession by sparking a dialogue about the reality of fear in lawyering, let’s do it. This presentation discusses the reality, causes, manifestations, and consequences of fear in legal practice, and offers a four-step process for law students and lawyers to reframe fear into fortitude

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Improving Women's Working Relationships With Other Women in the Legal Profession (June 11, 2019)

Program Number: 2962 Presenter: Alton (Al) B. Harris, Esq. (2018), Andrea S. Kramer, Esq. (2018)

**** 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. **** Andie Kramer, partner in an international law firm, and Alton B. Harris, partner (retired) at Nixon Peabody LLP, discuss the complicated dynamics of women’s working relationships with other women. Women, men, and organizations often believe that there is something problematic, even dysfunctional, about these relationships. While men’s working relationships with other men are seen as the baseline for healthy same-sex business relationships, women’s relationships with other women are often seen as disruptive to their organizations and hurtful to their career advancement. Andie and Al identify and review the underlying reasons for real or perceived women-to-women conflict at work and provide pragmatic advice on how to overcome and avoid

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Making Real Progress Towards Diversity and Inclusion in the Legal Profession

Program Number: 2961 Presenter: Alton (Al) B. Harris, Esq. (2018)

Alton B. Harris, partner (retired) at Nixon Peabody LLP, discusses the nature and extent of the achievement disparity between female and other minority lawyers and white male lawyers. They also review why and how stereotypes and the biases that flow from them cause this disparity by preventing women and minorities from advancing in their legal careers as far and as fast as men. They then provide women, men, and organizations with specific insights and communication techniques they can use to avoid or overcome these often subtle and unconscious biases. The program includes a discussion of the relevance of ABA’s Model Rule 8.4(g) and various ABA Resolutions.

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