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Course Information
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1015 Drawing the Line: Successfully Avoiding Ethical Challenges Facing In-House Counsel in Litigation
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 No cost or obligation
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| Course Length |
128 minutes
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| Course Price |
$ 119.00
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Volume discounts and subscriptions are available; for more information, contact Cognistar Sales.
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Accreditation Information
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About the Instructor(s)
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Lourdes Baird
JAMS
The Hon. Lourdes G. Baird (retired) has served with distinction in the federal and state courts and enjoys a reputation as an intelligent, fair, and approachable jurist. Following her previous appointments as a U.S. attorney and as a judge in the Los Angeles Superior and Municipal Courts, she served for 13 years in the U.S. District Court for the Central District of California where she presided over cases in all areas of federal jurisdiction. Prior to her judicial service, she was in private practice as a partner in the firm of Baird, Munger & Myers and worked as an assistant U.S. attorney in the Central District of California. She currently serves as an arbitration neutral for JAMS.
Judge Baird earned her J. D. from UCLA School of Law in 1976 and her B.A. from the University of California, Los Angeles, in 1973. She is fluent in Spanish.
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Breton Bocchieri
Seyfarth Shaw LLP
Breton A. Bocchieri (“Bret”) is a partner in the Los Angeles office of Seyfarth Shaw LLP. He is a well-known intellectual property law trial attorney who concentrates his practice in patent, trademark, copyright, cyber-piracy, and trade secret and unfair competition, as well as intellectual property-related antitrust litigation. Mr. Bocchieri has established a number of important precedents in patent law, which have been reported in the national press, over a dozen legal treatises, law journals, and law school textbooks. He is a noted author and lecturer on intellectual property litigation strategy and tactics, and has been featured by CNN Headline News as one of the country’s leading practitioners in Internet piracy.
Mr. Bocchieri earned his B.A. from Rutgers College at Rutgers University in 1978 and his J.D. from Franklin Pierce Law Center in 1985. He also earned an A.S. in electrical engineering technology from Middlesex County College in 1982. He is admitted to practice in California and before the U.S. Courts of Appeals for the Ninth and Federal Circuits, the U.S. District Court of California, and the U.S. Patent and Trademark Office.
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Michael Lachuk
Science Applications International Corp.
Michael Lachuk, a former physicist, has been a patent litigator for some 25 years, representing numerous clients in cases pertaining to the physical sciences. Mr. Lachuk is currently deputy general counsel and director of the intellectual property law group at Science Applications International Corp. (SAIC), a Fortune 500 company and leading provider fo scientific, engineering and technical services and solutions. Before joining SAIC, Mr. Lachuk was a partner in the firm of Poms, Smith, Lande and Rose. He received his B.A. in physics from the University of California, Los Angeles, and his J.D. from McGeorge School of Law.
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Sean SeLegue
Howard Rice Nemerovski Canady Falk & Rabkin
Sean M. SeLegue is a director with the litigation department of Howard Rice Nemerovski Canady Falk & Rabkin in San Francisco and is a member of the firm’s attorney liability and appellate practice groups.
Attorneys who face charges of misconduct—whether in a civil case for malpractice or malicious prosecution, in a disciplinary investigation by the state bar, or in a motion to disqualify—often turn to Mr. SeLegue and his colleagues in the Attorney Liability Group. His business litigation background and extensive experience with the unique issues and dynamics involved in claims against lawyers allow him to provide effective representation of his clients, which include some of the nation’s largest law firms. His experience in defending attorneys, and his deep knowledge of the law governing lawyers, allow him to provide practical solutions to lawyers who face ethical dilemmas.
In the appellate arena, Mr. SeLegue’s practice encompasses the full range of business and other civil disputes, such as unfair competition, real estate and family law. He is certified as an appellate specialist by the State Bar of California Board of Legal Specialization. Since serving as law clerk to Judge Cynthia Holcomb Hall of the U.S. Court of Appeals for the Ninth Circuit, Mr. SeLegue has successfully argued cases in the California Supreme Court, the California Court of Appeal and the Ninth Circuit.
Mr. SeLegue has taught professional responsibility at the University of California, Berkeley, School of Law, and he has spoken nationwide for such groups as the Bar Association of San Francisco, Continuing Education of the Bar, Practising Law Institute and the American Intellectual Property Association, as well as at private seminars for law firms. Mr. SeLegue’s articles have appeared in The National Law Journal, California Lawyer and San Francisco/Los Angeles Daily Journal.
In 1991, Mr. SeLegue earned his J.D. from the University of California, Berkeley, School of Law, where he was elected to Order of the Coif and served ass editor of the California Law Review. He earned his B.A., magna cum laude, with departmental highest honors, from the University of California, Los Angeles in 1988 and was elected to Phi Beta Kappa. He is admitted to practice in California and before all California federal district courts, the U.S. Courts of Appeals for the Ninth and the Federal Circuits, and the U.S. Supreme Court.
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Charles Thomasian
Raytheon Company
Charles A. Thomasian is a senior counsel at Raytheon Company. His practice is focused on all intellectual property matters for the Space and Airborne Systems business unit of Raytheon in El Segundo, California. Mr. Thomasian is responsible for legal aspects of U.S. government and commercial contracting and subcontracting, licensing and litigation management. Before joining Raytheon in 2008, he was senior counsel at the law firm of O’Melveny & Myers LLP. His practice at O’Melveny, while encompassing all aspects of intellectual property law, was focused on patent litigation. Before that, he was a senior associate at the intellectual property firm of Conley Rose P.C. in Houston, Texas.
Mr. Thomasian’s intellectual property litigation experience includes prosecuting and defending high technology companies in federal and state court actions in the areas of patent infringement, copyright infringement, trademark infringement, counterfeiting, unfair competition, trade secret misappropriation, breach of contract, tortious interference, and noncompete covenants. He has also served as an adjunct lecturer on intellectual property law at Rice University in Houston, Texas.
Prior to his legal career, Mr. Thomasian was a senior software engineer at ExxonMobil Company USA in Houston, Texas. He received a B.S. in computer science, summa cum laude, from the University of Houston in Texas and a J.D. from the University of Houston Law Center.
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Outline + Synopsis
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Outline
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Synopsis
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Drawing the Line: Successfully Avoiding Ethical Challenges Facing In-House Counsel in Intellectual Property Litigation
I. Introduction
A. Speaker Introductions
II. Ethical Considerations for In-House Counsel in Intellectual Property Litigation
A. Hindsight: A Common Thread
B. Zubulake Revisited
C. Explain Search Decisions Up Front
D. Watch What You Say
E. Pitfalls in Discovery
F. Regrettable Decisions
G. Reporting Up and Explaining Conduct
III. Managing Outflow of In-House Information: Information Technology and Other Issues
A. Overview
B. Document Preservation
C. Document Preservation Suggestions
D. Search and Collection
E. Training and Education
F. Document Production
G. Privilege Logs
IV. Managing Litigation Counsel to Avoid Pitfalls
A. In-House Counsel’s Primary Role
B. Understand the Case
C. It’s About People
D. Case Status
E. Discovery
F. Keep Records
G. Coordinating With Opposing Counsel
V. Sanctionable Conduct: Where Is the Line?
A. A Blurry Line
B. Applicable Rules
C. Attorneys’ Fees
D. Spoliation or Fabrication
E. Litigation Misconduct
VI. Proper Interaction of Litigation and Corporate Counsel
A. Topic Introduction
B. Practical Pointers
C. Rule 26 Disclosure Requirements
D. Document Requests and Negotiation
E. Rules From Zubulake
F. Evolving Trends for Rule 26
VII. Questions and Answers
A. Discovery of Foreign Subsidiaries
B. Maintenance and Retention of Metadata
C. Financial Conflicts
AfterWords®
How to Obtain a Certificate
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Intellectual property litigation is by its very nature complex and document-intensive, thus presenting numerous ethical challenges for in-house counsel during all phases of litigation. Learn how to manage these challenges effectively from a panel of experts, including retired U.S. District Judge Lourdes G. Baird, as they discuss best practices and potential pitfalls in the areas of litigation holds, discovery, and interactions with outside counsel, opposing counsel, and corporate management, with lessons from relevant cases involving sanctions for lawyer misconduct.
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Content Provided By
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The American Intellectual Property Law Association (AIPLA) is a 16,000-member, national bar association constituted primarily of lawyers in private and corporate practice, in government service, and in the academic community. The AIPLA represents a wide and diverse spectrum of individuals, companies and institutions involved directly or indirectly in the practice of patent, trademark, copyright and unfair competition law, as well as other fields of law affecting intellectual property. Members represent both owners and users of intellectual property.
AIPLA was formed in 1897 in order to maintain a high standard of professional ethics, to aid in the improvements in laws relating to intellectual property and in their proper interpretation by the courts, and to provide legal education to the public and to its members on intellectual property issues.
To qualify for membership, applicants must be members in good standing of the bar of a court of record of the United States or any state. Foreign affiliate members must be able to practice in a court of general jurisdiction in their countries to be considered for membership, or be registered to practice with the Patent and/or Trademark Office of their country of citizenship. AIPLA also has student memberships available for those regularly enrolled in a law school approved by the Association of American Law Schools. Approximately 70% of the active members are in private practice, 30% in corporate practice, with the remainder in the government or academia.
AIPLA holds three regularly scheduled conferences a year, Mid-Winter, Spring and Fall, at which the association offers educational seminars on the latest developments in intellectual property law. In addition, AIPLA holds many stand-alone seminars on specialized areas of intellectual property law at varying times of the year in locations around the United States. The association also produces a number of informative publications including the AIPLA Quarterly Journal (a scholarly law journal published four times a year), the AIPLA Bulletin (an overview of AIPLA meetings published online three times a year), and CD-ROMs and tapes which include papers or speeches presented by speakers at the meetings. The AIPLA also publishes the Report of the Economic Survey biennially.
Furthermore, the AIPLA is actively involved in shaping U.S. intellectual property policy through its work on legislation and federal regulations affecting intellectual property cases in the U.S. courts. Internationally, the AIPLA has spearheaded a worldwide campaign to reduce the costs of procurement and enforcement of patents, regularly participates in meetings of the World Intellectual Property Organization, and maintains close relations with foreign IP officials and practitioners.
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Purchase course
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1015 Drawing the Line: Successfully Avoiding Ethical Challenges Facing In-House Counsel in Litigation
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| Course Price |
$ 119.00
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Volume discounts and subscriptions are available; for more information, contact Cognistar Sales.
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