ABA meeting to discuss Shark Tank, copyright laws, and infringement in NFTs open marketplaces
Top officials from the U.S. Patent and Trademark Office, Microsoft Corporation, Samsung Electronics, U.S. Department of Justice, Federal Trade Commission and the U.S. Copyright Office will be among key speakers at the American Bar Association Intellectual Property Law Section’s 2022 ABA-IPL Section Annual Meeting April 5-7 at the Grand Hyatt Washington in Washington, D.C.
The meeting will provide two days and nearly 23 programs featuring the world’s experts in intellectual property. The registration deadline for media is March 28. There will be no on-site registration.
Keynote Luncheon will be Thursday, April 7, from 12:45-2 p.m. featuring:
• Drew Hirshfeld, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, will give the keynote address on updates from the Office.
• William (Bill) F. Lee, a senior fellow at the Harvard Corporation and the Eli Goldston lecturer at Harvard Law School will receive the 2022 Mark T. Banner Award, which is presented annually by the Section of Intellectual Property Law. Lee is considered a pioneer in the IP Law profession. The award, which recognizes exemplary individuals and groups who have contributed to intellectual property law and/or practice, will be presented during the luncheon.
There will be two plenaries:
• “Judicial Procedural Program,” with Judge Jonathan Hudis, administrative trademark judge, Trademark Trial and Appeal Board, USPTO, Alexandria, Virginia; Judge Steve Ruwe, copyright royalty judge, Copyright Royalty Board, Library of Congress, Washington, D.C.; and David Carson, copyright claims officer, Copyright Claims Board, US Copyright Office, Washington, D.C—Wednesday, 1:30-3 p.m.
• “In-House Counsel Fireside Chat,” featuring Kim Jessum, chair of the Intellectual Property Law Section, associate general counsel, chief IP counsel U.S. and Secretary, Heraeus, Inc. and Global Legal Business Partner, Heraeus Medical Components LLC, Philadelphia, Pennsylvania; in conversation with Burton Davis, vice president and deputy general counsel, Microsoft Corp., Seattle, Washington.—Thursday, 9:45 a.m.-12:15 p.m.
Other program highlights include:
• “Shark Tank Tales: Stories from Contestants Regarding their IP Portfolios” — David Postolski, Gearhart Law, Summit, New Jersey; Kaylin Marcotte, Jiggy Puzzles LCC, Brooklyn, New York (invited); and Dinesh Tadepalli, Incredible Eats Inc., Morrisville, North Carolina, will discuss their IP choices as Shark Tank contestants. They will share a behind-the-scenes look at the show experience.—Wednesday, 4:30-5:30 p.m.
• “Agency Approaches to the Antitrust-Intellectual Property Interface Under the Biden Administration” — Jennifer Dixton, assistant chief, Special Counsel for Policy & Intellectual Property, Antitrust Division at the U.S. Department of Justice, Washington, D.C. and Anu Sawkar, special counsel for Intellectual Property at the Federal Trade Commission, Arlington, Virginia, will be among the panelists discussing the Biden administration’s perspective between intellectual property and antitrust in both the DOJ and FTC.—Wednesday, 4:30-5:30 p.m.
• “US Copyright Office Speaks: An Update on Recent Developments “ — An expert panel, all from the U.S. Copyright Office, Washington, D.C., will discuss recent developments in U.S. copyright law, policy operations and modernization. They are: Robert Kasunic, associate register of Copyrights and director of Registration Policy and Practice; Shira Perlmutter, register of Copyrights and director; Maria Strong, associate register of Copyrights and director of Policy and International Affairs; George Thuronyi, interim head of the Office of Public Information and Education; and Suzanne Wilson, general counsel and associate register of Copyrights.—Thursday, 8:30-9:30 a.m.
• “Open NFT Marketplaces aka the “Wild West” of Intellectual Property” – Legal issues associated with pervasive IP infringement in open NFT marketplaces will be explored. Expert panelists will explain mechanisms by which IP holders may protect their rights: Carlos Garcia- Aguilar, Far-Fetched Labs, Inc., El Paso, Texas; Ash Kernen, Kernen Law, Philadelphia, Pennsylvania; and Eliana Torres, Web3 Lawyers, Washington, D.C.—Thursday, 2:15-3:15 p.m.
• “Navigating Trade Secret Systems in a Rapidly Changing Innovation Environment” — The business aspects of trade secrets and recent developments governing the protection of trade secrets will be discussed by this panel of experts: Mareesa Frederick, Finnegan, Washington, D.C.; Lauren Peterson, Adducci Mastriani & Schaumberg, Washington, D.C.; Pallavi Seth, The Brattle Group, Washington, D.C.; and Bridget Smith, Relativity Space, Los Angeles, California.—Thursday, 4:45-5:45 p.m.
To register for the annual meeting, visit www.americanbar.org/ groups/intellectual_property_law.
ABA plans in-person lawyer malpractice conference in Austin, Texas, April 6-8
A three-day legal conference in Austin, Texas, next month hosted by the American Bar Association Standing Committee on Lawyers’ Professional Liability, will explore a variety of ethical and professionalism issues, including the disruption the past two years in the legal profession and its impact on legal liability, malpractice and insurance professionals.
The “Spring 2022 National Legal Malpractice Conference” will take place Wednesday through Friday, April 6-8, at the Austin Marriott Downtown in Austin, Texas.
The opening plenary session, “Civility and Other Ethical Issues in Changing Times,” will be from 8:45 to 9:45 a.m. on Thursday, April 7, and feature a conversation with three federal judges from different parts of the country. Judges Denny Chin of the U.S. Court of Appeals for the 2nd Circuit, New York; Lee H. Rosenthal, chief judge, U.S. District Court for the Southern District of Texas in Houston; and Sidney Thomas, U.S. Court of Appeals for the 9th Circuit, Billings, Montana, will discuss civility, professionalism, working with people of differing views and related legal ethics topics.
Other noteworthy programs include:
• “Ransomware Gangs v. Law Firms” — This program focuses on ransomware attacks against law firms and how their insurance may or may not respond. Panelists will also explore the ever-changing methods of ransomware gangs, recovering from attacks and the interaction between the private sector and the federal government.—Thursday, 10 to 11 a.m.
• “From Pinstripes to Orange Jumpsuits: Lawyers’ Criminal Liability” — Lawyers of different backgrounds and firm size have increasingly found themselves in prosecutors’ crosshairs for allegedly aiding and abetting clients’ misconduct and for a range of other business crimes. This panel with deep experience in criminal defense and the law of lawyering will examine the criminal law regime that imperils lawyers today and discuss methods for avoiding the catastrophic risks for lawyers that lurk in criminal law.—Thursday, 11:15 a.m. to 12:15 p.m.
• “Settle and Sue: Does this Popular Strategy Fly or Not? Latest from the Front Lines” — The idea of a client suing after settling seems a “second bite,” “sour grapes” and just plain inconsistent with traditional practices. It has also made some courts skeptical of these claims. Nonetheless, they remain, perhaps even more popular than ever. This panel examines what constitutes a “settle and sue” scenario, what passes muster, what are the effective strategies to combat an opportunistic former client and the case law on both sides of the courtroom.—Thursday, 3 to 4:15 p.m.
• “The Changing Litigation Landscape: Trials and Hearings in 2022 and Beyond” — The past two years have changed how people live, think and communicate, and that change has been both rapid and unexpected. This session will discuss the state of trial and jury research, how juror attitudes have changed and insights for most effectively communicating with judges and juries in today’s evolving times.—Friday, 9 to 10:15 a.m.
To register for the conference, visit www.americanbar.org/groups/lawyers_professional _liability.
