Date: Tuesday, January 28, 2020


Meeting Program: 8:45 a.m. - 5:15 p.m. | Mercury Ballroom, 3rd Floor | 7.0 MCLE Credits 

[This program is transitional and is suitable for all attorneys including those newly admitted.] 


   Evolving Your IP Practice for a Post-Digital World  

By many accounts, the digital revolution has already happened. We are now moving into a new era of change involving early adoption of artificial intelligence, quantum computing, autonomous vehicles, and IoT—to name just a few emerging technologies. As IP practitioners how do we navigate this big data, wirelessly connected world in which we practice—where the lines between the physical, digital, and human can increasingly blur? Join us for the Intellectual Property Law Section’s 2020 Annual Meeting to discuss these topics and more. Learn about key changes in the core IP areas of copyright, trademark, and patent law. Survey what state and federal authorities have in store for us in the world of privacy law. And explore the latest in legal ethics and diversity & inclusion—as machine learning and artificial intelligence can add a new layer to long understood professional responsibilities or may create additional roadblocks to overcoming implicit bias.

This program will include 7.0 CLE Credits, including 1.0 Credit in Ethics and Professionalism (The Legal Ethics of Artificial Intelligence), 1.0 Credit in Diversity, Inclusion and Elimination of Bias (Dispelling the Diversity Myth and Overcoming Implicit Bias in Tech and IP), and 5.0 Credits in Areas of Professional Practice.  Topics include, Copyright modernization versus the status quo–How is copyright law evolving (or not) to meet the realities of digital market places in an increasingly mobile and connected world? Through the 101 looking glass—A look into potential patent reform for Section 101, draft legislation, and congressional hearings, as well as take a look back on 5 years of Alice, from prosecution and litigation perspectives and current ambiguities in the law.  Predictions on Data Privacy and Security: 2020 and Beyond—What to expect from the coming privacy law landscape in 2020 and beyond.  Making the mark–Review the impact of recent Supreme Court trademark cases, as well as recent statutory changes (such as the impact of the Farm Bill on hemp products) and learn what marks can now make their mark!  Also join us following the meeting for a joint networking reception with the Entertainment Arts & Sports Law Section.


8:45 a.m. - 8:55 a.m.  Registration and Continental Breakfast


8:55 a.m. - 9:10 a.m.  Welcoming Remarks

Section Chair: Robin Silverman, Esq., Golenbock Eiseman Assor Bell & Peskoe LLP

Program Chairs: Nyasha S. Foy, Esq., Complex Media Inc.; Leonie W. Huang, Esq., Holland & Knight LLP 


9:10 a.m. - 10:00 a.m.  The Legal Ethics of Artificial Intelligence (1.0 Credit in Ethics and Professionalism) 

This session covers the general ethical responsibility in deploying AI so that it is implemented with an ethical purpose for society as well as ethical obligations of attorneys in the use of artificial intelligence and ethical considerations when advising clients who rely on artificial intelligence in their businesses.  What professional responsibility rules apply in the realm of AI?  A review of any major ethics opinions or changes will also be included.

Speakers: Rory J. Radding, Esq., Partner, Mauriel Kapouytian Woods LLP; Professor Roy D. Simon, Legal Ethics Advisor to Law Firms 


10:05 a.m. - 10:55 a.m.  Dispelling the Diversity Myth and Overcoming Implicit Bias in Tech and IP (1.0 Credit in Diversity, Inclusion and Elimination of Bias

This session addresses ways in which attorneys can create a more diverse and inclusive workplace while also increasing diversity in IP and the legal profession.  The panel will discuss ways to push back against “lack of diverse talent” myths sometimes found within the profession (e.g., “If only there were diverse talent, then I would hire diverse candidates . . .”) as well as implicit bias in tech.  For example, how has bias seeped into algorithms that drive emerging AI and computer-generated systems?  How can we best counsel clients on these potential issues, and how do we identify and counteract implicit bias in practice and in technology?

Moderator: Leonie W. Huang, Esq., Holland & Knight

Speakers: Erika Munro Kennerly, Esq., Google; Rachel Alex Love, Founder and CEO, Alex Love Consulting


10:55 a.m. - 11:10 a.m.  Break

 

11:10 a.m. - 12:25 p.m.  Copyright Modernization Versus The Status Quo (1.5 Credits in Areas of Professional Practice) 

How is copyright law evolving (or not) to meet the realities of digital market places in an increasingly mobile and connected world?  This panel will address evolving global copyright laws and how they impact local New York practitioners, including changes and potential changes in the U.S. (such as the new Copyright Alternative in Small-Claims Enforcement Act that just passed the House on October 22, 2019, and impending amendments to the Section 512 safe harbors) as well as the new EU Directive on Copyright in the Digital Single Market Music Modernization Act (signed into law October 2018), and the new music licensing collective, designated in July 2019, which is planned to start administering licenses in 2021), and the fair use aspects of the Google LLC v. Oracle America Inc. 

Speakers: Dan Neustadt, Esq., Holland & Knight LLP; Erich Carey, SVP, Business & Legal Affairs, Round Hill Music; Terrica Carrington, Copyright Counsel, Copyright Alliance; Mary Rasenberger, Executive Director, Author’s Guild


Luncheon: 12:40 p.m. - 1:40 p.m. | Regent, 2nd Floor


1:50 p.m. - 2:40 p.m.  Patent Law: Through the 101 Looking Glass (1.0 Credit in Areas of Professional Practice) 

This panel will discuss upcoming potential patent reform for Section 101, draft legislation, and congressional hearings, as well as take a look back on 5 years of Alice, from both prosecution and litigation perspective, including current ambiguities in the law.

Moderator: Patrice P. Jean, Esq., Hughes Hubbard & Reed LLP; Averie K. Hason, Esq., Assistant General Patent Counsel, Eli Lilly

Speaker: TBD


2:45 p.m. - 3:35 p.m.  Predictions on Data Privacy and Security: 2020 and Beyond (1.0 Credit in Areas of Professional Practice) 

Where do things stand heading into 2020?: The panel will first review recent developments in data privacy, including the proliferation of US state data breach notification laws, the failure of federal privacy legislation, civil and regulatory efforts to address data breaches, and changes in the international landscape (particularly related to GDPR).  Panelists will then discuss what practitioners can expect in 2020 and beyond, including: 

  • What will come of state-specific regulation of data privacy after the effective date of CCPA?
  • What would be required for federal action on data privacy?; How will expectations for data privacy change/evolve for non-FAANG companies and data brokers?
  • What should small, medium, and large businesses hope to achieve by year-end related to data privacy and security?
  • How much will/should international competition and national security drive policy and practice related to privacy and data? 
  • How will our understanding of personal data and privacy under US law evolve (privacy as property, as personal rights, as philosophy)?

Moderator: Matthew A. Kelly, Esq., Davis Polk & Wardwell LLP

Speakers: Commissioner Rebecca Kelly Slaughter, Federal Trade Commission; Courtney A. Stout, Esq., Chief Privacy Officer; S&P Global; Professor Florencia Marotta-Wurgler, NYU Law School 


3:55 p.m. - 3:50 p.m.  Break 


3:50 p.m. - 5:05 p.m.  Making the Mark for 2020: Recent Trademark Law Developments That Will impact Us in 2020 (1.5 Credits in Areas of Professional Practice) 

For 2020 and beyond, what new marks will make their mark? Our distinguished panel will review recent trademark decisions, laws, and policies that will affect trademark practitioners and their clients in 2020. Topics will include: 

  • Administrative Updates from the USPTO Scandalous/Immoral marks
  • Iancu v. Brunetti Bankruptcy and Licensing/Franchising
  • Mission Product Holdings, Inc. v. Tempnology, LLC 
  • Generic Marks: United States Patent and Trademark Office, et al., v. Booking.com B.V. 
  • Cannabis Marks in the United States and Canada

Moderator: Nyasha S. Foy, Esq., Complex Media Inc.

Speakers: Catherine Lovrics, Esq., Bereskin & Parr LLP; Kaydi L. Osowski, Esq., Viacom; Meryl Hershkowitz, Deputy Commissioner for Trademark Operations, USPTO

5:10 p.m. - 5:15 p.m.  Closing Remarks 


Reception: 5:45 p.m. - 8:30 p.m. | Off-site at Bill's Bar & Burger | 16 W 51st St, New York, NY 10019 

*Co-sponsored with Entertainment, Arts and Sports Law Section  



Section Chair: Robin E. Silverman, Esq. | Golenbock Eiseman Assor Bell & Peskoe LLP 

Program Chairs: Leonie W. Huang, Esq., Holland & Knight LLP; Nyasha S. Foy, Esq., Complex Networks 



INTELLECTUAL PROPERTY LAW SECTION SCHEDULE

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