Alternative Dispute Resolution

Mediating IP Matters and Cutting-Edge Ethics, Confidentiality and Privilege in Mediation

Synopsis

Preparing for any legal situation is extremely important, but when you are heading into arbitration or mediation, where conflict is sure to arise, you need to ensure that you are fully prepared to deal with not only the legal facts, but the personalities that come to the table. The presenters of this course provide insightful tips to navigate your way successfully through a mediation or arbitration for your client, starting with key steps for adequately preparing. In addition, this course brings several ethical issues that one needs to pay attention to when involved in a mediation or arbitration proceeding, including confidentiality and privilege.



Outline

I. Preparing for Arbitration or Mediation
    A. They are Quite Different
    B. Key Differences and How They Impact Preparation
    C. Goal in an Arbitration Proceeding
    D. The Mediation Proceeding
    E. Misunderstanding of Value of a Case
II. Top Tips for Successful Mediation
    A. Meet the Panel
    B. Timing and Mediation Selection
    C. Planning is Key
    D. How to Prepare for Mediation
    E. Managing Expectations
    F. There's More than Money at Issue
    G. Nail Down the Deal
III. Ethics in Mediation
    A. Substantative Law and Practice Tips Abound
    B. The Words Matter
    C. Confidentiality in Mediation
    D. Mediation Privilege
    E. Confidentiality and Privilege in Federal Courts
    F. A Trap for the Unwary
    G. Look at the Local Rules
    H. Relevant Case Law
    I. Helpful Takeaways
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The American Intellectual Property Law Association (AIPLA) is a national bar association constituted primarily of lawyers in private and corporate practice, in government service, and in the academic community, with approximately 13,500 members. 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. Our members represent both owners and users of intellectual property.

AIPLA was formed in 1897 to maintain a high standard of professional ethics, to aid in the improvement 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.

AIPLA is governed by a Board of Directors and has a staff of 25, headed by an Executive Director, located in Arlington, Virginia. AIPLA has more than 50 administrative and substantive committees which provide education to their members and formulate proposed positions for the Board of Directors to consider adopting as Association policy.

AIPLA is also actively involved in shaping US intellectual property policy through its work on legislation, federal regulations, and intellectual property cases in the US courts. Internationally, AIPLA has spearheaded a worldwide campaign to reduce the costs of procurement and enforcement of patents and trademarks, regularly participates in meetings of the Word Intellectual Property Organization, and maintains close relations with foreign IP officials and practitioners.

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, or registered to practice before the Patent or Trademark Office in their country of citizenship or practice, to be considered for membership. AIPLA also has student affiliate memberships available for those regularly enrolled in a law school approved by the Association of American Law Schools and affiliate membership is available to patent agents who are registered with the USPTO. Approximately 63% of the regular members are in private practice, 33% in corporate practice, with the remainder in the government or academia. See our membership application for more information.

AIPLA conducts 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 conducts several stand-alone seminars on specialized areas of intellectual property law throughout the year around the country, as well as online educational programs.

The Association 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 electronically three times a year, and meeting papers from the regularly scheduled conferences and nationwide seminars. The Association also provides its members online access to a membership directory. Finally, AIPLA biennially publishes the Report of the Economic Survey, providing a significant benchmarking tool for compensation and charges in the intellectual property law field.


Learning Objectives:





Speakers / Authors:

Photo of Jeanne Gills

Jeanne M. Gills

Jeanne M. Gills is a partner and intellectual property lawyer with Foley & Lardner LLP and a member of the firm’s Management Committee. She also serves as vice chair of the firm’s national Intellectual Property Department focusing on Strategic Marketing & Business Development, and she previously served as vice chair of the Intellectual Property Litigation Practice.

She acts as lead trial counsel in complex patent, trade secret, trademark, copyright, and unfair competition litigation and appeals, including USPTO post-grant proceedings, in diverse industries ranging from electronics to biotechnology. Trial experience includes “bet the company” cases with several hundreds of millions at stake. Representative PTAB experience includes successful oral argument on behalf of petitioner in IPR2013-00178 regarding synthetic diesel fuel wherein all of patent owner’s claims were held invalid and its Motion to Amend was denied and successful Federal Circuit appeal and PTAB remand proceeding on behalf of patent owner in IPR2013-00578 wherein certain of patent owner’s challenged claims were upheld as not unpatentable.

Her litigation experience has dovetailed into leading the IP side of M&A transactions with recent deals including the creation of $1.2 billion joint venture entities for power technology companies and the division of patent/technology assets for a Fortune 50 company’s split into two separate entities.

Ms. Gills received her J.D. from the University of Chicago Law School in 1994, and her B.S., with honors, from Michigan State University in 1991.

Photo of Hon. James Holderman

Hon. James Holderman

Former U.S. District Court Chief Judge James Holderman joined JAMS in June 2015 after serving for 30 years on the federal bench in Chicago. During his judicial career, Judge Holderman resolved more than 10,000 cases in all areas of federal jurisdiction. After joining JAMS, he quickly became a highly sought-after mediator among lawyers across the country. Plaintiffs' counsel, defense counsel, and in-house counsel who have mediated with him have repeatedly sought to retain him again.

Before joining the judiciary in 1985, Judge Holderman was a successful trial and appellate lawyer specializing in federal litigation as a partner with a predecessor to the law firm now known as Dentons, and served as an assistant U.S. attorney where he received multiple awards for distinguished service.

Judge Holderman is widely respected for his work ethic, his legal knowledge, his wealth of experience, especially in intellectual property, class action, and complex cases, and the practical way he approaches resolving disputes in the best interests of all concerned. During his first year with JAMS, he successfully mediated more than $10 billion of asserted and potential claims, primarily in class actions and intellectual property cases.

Judge Holderman received his J.D. from the University of Illinois, College of Law in 1971 and his B.S. from the University of Illinois, Champaign-Urbana in 1968.

Photo of Laura Kaster

Laura A. Kaster

Laura A. Kaster brings to her work as a neutral over 30 years of experience with arbitration, mediation and settlement negotiation in a wide variety of complex commercial disputes. In 2014, she received the Boskey Award from the New Jersey State Bar Association. It recognizes the ADR Practitioner of the Year who has contributed to the public, the bar, and the profession. Ms. Kaster Is a Fellow of the College of Commercial Arbitrators and has been selected as a member of the National Academy of Distinguished Neutrals. She serves as an arbitrator for the American Arbitration Association, CPR Panel of Distinguished Neutrals, CPR Technology/IP Panel, Silicon Valley Arbitration and Mediation Center, and FINRA. Ms. Kaster is a CEDR accredited mediator and has been certified as a mediator by the International Mediation Institute (IMI).

Ms. Kaster holds a J.D., magna cum laude, from Boston Universy and a B.A. from Tufts University. Following law school, she was a law clerk to then Chief Judge Frank M. Coffin of the Federal Court of Appeals for the First Circuit.

Photo of Matthew Kelly

Matthew Kelly

Matthew Kelly is the Managing Director and Chief Intellectual Property Counsel with the Chicago Mercantile Exchange, the world’s largest and most diverse derivatives exchange. He is a patent attorney and is in charge of all aspects of intellectual property including the patent and trademarks prosecution, intellectual property licensing, acquisitions and litigation. He also manages strategic licensing, including product license agreements, out licensing of CME Group software and market data, intellectual property acquisitions and partnerships, and a variety of intellectual property litigation and enforcement matters.

Mr. Kelly received his J.D. from George Mason University, Antonin Scalia Law School, in 1999, his MBA from Virginia Tech in 1992, and his B.S. from Michigan State University in 1987.

Photo of David Long

David Long

David Long is a registered patent attorney with over 20 years of experience dealing with complex patent issues in the telecom industry ranging from simple matters to bet-the-company litigation. He was a judicial law clerk at the U.S. Court of Appeals for the Federal Circuit and has substantial experience leading litigation in federal courts and in the U.S. Patent & Trademark Office (“PTO”). His experience includes balancing parallel proceedings in court and in the PTO to challenge or defend issued patents in high-tech arts. He counsels domestic and international clients on licensing patents, product redesigns, trade secrets and other high-tech legal issues in telecommunications, VoIP, electronic circuits, microchips and information technologies.

Mr. Long is a thought leader in the patent community. He has been appointed leadership responsibilities in international and national professional intellectual property organizations. The media frequently seeks his views and he often is invited to speak on significant patent law developments. Congress and the White House have sought his views on patent policy issues. He is globally recognized as a thought leader on standard essential patents and he founded the Essential Patent Blog, which is followed by decision makers in industry, the judiciary and competition authorities throughout the world.

Mr. Long received his J.D., magna cum laude, from the University of Alabama School of Law in 1995, his M.S.E.E from Auburn University in 1990, and his B.S. from Auburn University in 1987.

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Standard Rate: $149.00
Subscribers: FREE
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Details

Course Code : 772554




Length : 1hr 18min
Recorded Date : 10/19/2017


Format Type : eLearning
Mobile Compatible


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