Below you will find the CLE schedule with materials for the 2023 Midyear Meeting.
Under each CLE program description, CLE materials are listed. Please click each hyperlink to access that specific CLE material. If you have any issues accessing these materials, please contact Melisa Maisel Vanis, Director of Professional Development and Assistant Director of Meetings, at mmaisel@iadclaw.org or Ashley Hatfield, Director of Communications, at ahatfield@iadclaw.org.
Sunday, February 19, 2023
ON DEMAND
A Survey of Premiums and Class Actions
Committee Co-Sponsors: Class Actions and Multi-Party Litigation, Product Liability, Transportation
Counsel in search of class claims continue to push the envelope of injury, Schell v. Volkswagen et al being an example. Can a vehicle owner who bought and sold their vehicle before becoming aware that an advertised attribute did not exist, actually suffer injury? The 9th Circuit of the U.S. Court of Appeals said "no" in that case because the plaintiff’s evidence could not establish the injury. Whether and when a plaintiff has standing to sue for an "injury" for alleged "premiums" related to vehicle purchases has been a hot topic in recent years, producing a mix of results for defendants. What constitutes a premium and what evidence is needed to prove that the consumer did not get what he or she says they paid for, implicates both legal and expert evidentiary issues which have broad application beyond the auto context. This panel will canvass where the courts are at with this issue and debate what may lie ahead.
Speakers: Sharon L. Caffrey, Duane Morris LLP, Philadelphia, Pennsylvania USA; Cheryl Woodin, Bennett Jones LLP, Toronto, Ontario Canada
Materials:
ON DEMAND
Are You 'Dopesick'? Opioid Coverage Update
Committee Sponsor: Insurance and Reinsurance
Claims arising from the scourge of opioid addiction have continued to mount and only increase in complexity. As the targets of these claims have spread beyond the major pharmaceutical companies to pharmacies, individual physicians, and others, the challenges presented by these claims for insurers have grown exponentially. Government entities are now frequently the plaintiffs in these battles, and the result is that both the defense and indemnity costs associated with these claims have reached staggering proportions. Insurers have resisted these claims, spawning a plethora of coverage litigation in state and federal courts across the United States. The claims raise fundamental questions of policy interpretation, including whether these claims constitute an “occurrence,” as well as the applicability of numerous exclusions. This program will explore the latest developments in these coverage battles from a national perspective, including tips for insurers on how to effectively control the costs associated with these claims. The program will also encompass an overview of where the underlying tort litigation stands.
Speakers: John T. Harding, Sulloway & Hollis PLLC, Providence, Rhode Island USA; David Kenna, CapSpecialty, Hartford, Connecticut USA
Materials:
ON DEMAND
False Claims Act 2023 – Already a Litigation Minefield but Now With a Cyber Security Overlay
Committee Co-Sponsors: Amicus Curiae, Corporate Compliance and Government Enforcement Actions, Cyber Security, Data Privacy and Technology, Employment Law, Medical Defense and Health Law
Claims brought under the False Claims Act continue to result in billions of dollars in recoveries to the United States at the expense of corporate defendants. The Department of Justice reported over $5.6 billion in judgments and settlements for the fiscal year of 2021. While billions of these settlements arose from healthcare industry cases, any company that makes claims for payment of federal funds is at risk for claims or investigations under the FCA. In addition, DOJ may seek to reach private equity investors and other actors said to be "substantially involved" in alleged wrongdoing. Layered on top of this minefield of exposure, the current administration has launched a “Civil Cyber-Fraud Initiative” through which the Department of Justice will use FCA to target cybersecurity-related false claims. Companies that falsely claim satisfactory levels of information security preparedness while submitting claims for contract payments can face FCA litigation when a threat actor exposes a network vulnerability. Given the significant damages and penalties associated with the FCA, strong compliance programs are essential with particular emphasis on information security practices and protocols. This panel, comprised of current DOJ officials, in-house counsel, and private practitioners, will focus on current trends in FCA litigation, highlight recent decisions of importance, and will provide practical strategies companies can employ to avoid being the target of these suits.
Speakers: Ashley Garry, Viatris, Indianapolis, Indiana USA; Kim Martin, Bradley LLP, Huntsville, Alabama USA; Sara McLean, Department of Justice, Washington, District of Columbia USA; Peter J. Pizzi, Walsh Pizzi O'Reilly Falanga LLP, Newark, New Jersey USA
Materials:
ON DEMAND
Through the Looking Glass: How California's AB5 Legislation Turned the Owner-Operator Model Upside Down Throughout the United States and Beyond
Committee Sponsor: Transportation
The strongest challenge to the application of the "ABC" test to determine whether drivers are employees or independent contractors was recently denied by the United States Supreme Court, leaving California's AB5 legislation in place and now applicable to motor carriers and drivers in California. Effectively, the "ABC" test prevents owner-operators from maintaining their independence and forces motor carriers to use employee drivers. Motor carriers throughout California and the 20+ states using the "ABC" test are scrambling to reorganize such that they avoid enforcement actions while retaining the operational and financial benefits of independent contractors. Brokers too are busy shoring up their contracts and business relationships to ensure they fall within the business-to-business exemptions. This panel will explain the "ABC" test and its implications, analyze the popular "work-arounds" for both motor carriers and brokers, and provide guidance for assisting motor carriers to implement the necessary changes. Because the newly applicable law applies to all California resident drivers and any foreign or domestic company with operations in California, which could create contractual or tort liability for companies wholly unconnected to California, all attorneys representing motor carriers and brokers, no matter where they are located, will benefit from this program.
Speakers: Hillary A. Booth, Booth LLP, Los Angeles, California USA; Jeff Simmons, GlobalTranz, Phoenix, Arizona USA
Materials:
ON DEMAND
Leading Into the Future: Lessons From Ted Lasso
Committee Sponsor: In-House and Law Firm Management
Corporations and law firm leaders need to rethink their leadership approaches to adapt to the expectations of a post-pandemic world and generational shifts in the workplace. During this session, emerging leaders will explore the future of leadership from a unique and entertaining perspective, focusing on how we can apply the leadership approach of the entertaining sports comedy Ted Lasso to our legal workplaces. The panel will delve into how Ted's "be a good person, respect others, and judge no one" philosophy can help your organization not just survive, but thrive in changing and challenging times.
Speakers: Elizabeth M. Brotten, Foley & Mansfield, PLLP, Minneapolis, Minnesota USA; Laura Emmett, Strigberger Brown Armstrong LLP, Waterloo, Ontario Canada; Guilherme R. Amaral, Souto Correa Cesa Lummertz & Amaral Advogados, Porto Alegre, Brazil
Materials:
ON DEMAND
Training Your Witness Not to Fail Under Pressure
Committee Co-Sponsors: Business Litigation, Class Actions and Multi-Party Litigation, Construction Law and Litigation, Intellectual Property, International Arbitration, Medical Defense and Health Law, Product Liability, Trial Techniques and Tactics
SPONSORED BY MAGNA LEGAL SERVICES
As a follow up to a popular program presented at the 2022 Midyear Meeting, How to Regain Control of a Witness That Has Lost It, the panelists will discuss techniques for preparing witnesses so that they maintain composure on the stand and express themselves in a credible way. After identifying the challenges that a particular witness presents due to their unique personality traits, this program provides strategies for effectively preparing the witness including behavior modification techniques; strategies to develop the witnesses' muscle memory, pattern interruptions, preparation, and practice; videotaping the witnesses; using mock depositions, etc. The panelists will discuss the risks of over-prepping the witness, how to know when to start the preparation, and when to stop.
Speakers: Jennifer Annis, Gable Gotwals, Oklahoma City, Oklahoma USA; Mark Calzaretta, Magna Legal Services, Philadelphia, Pennsylvania USA; Sandra J. Wunderlich, Tucker Ellis LLP, St. Louis, Missouri USA
Materials:
7:30 – 8:30 a.m.
Examining the Challenges for a Wearables Revolution in Healthcare
Committee Co-Sponsors: Cyber Security, Data Privacy and Technology, Drug, Device and Biotechnology, Product Liability
Wearable technology has the capacity to unlock broad, far-reaching possibilities in the healthcare industry. Wearables can help continuously collect invaluable, individualized real-world data to support innovation in care delivery and clinical research. Leveraging wearables to gather comprehensive physical and behavioral user metrics can help identify those at risk of disease, improve adherence to treatment regimens, and enhance the overall patient experience. Digital data can also be used to measure patient-centered endpoints in clinical trials and observational studies to determine the factors driving patient outcomes, enabling a true “digital transformation” in healthcare. Patient confidentiality can be a major concern when it comes to protecting the data of those using wearable devices. Collecting patient information that is not required by a provider or pharmaceutical company can have serious ethical implications. Industries need to prioritize implementing strong cybersecurity protections around their devices’ data, in compliance with HIPAA regulations, to protect users and the integrity of the information collected. Companies must also ensure that their wearable technologies have regulatory grade hardware. A recent article detailing regulatory aspects of smart devices for cardiac monitoring highlighted the safety and regulatory assessments conducted by entities like the U.S. Food and Drug Administration and the European CE Mark. The strict guidelines that wearable devices must meet to be disseminated in the market are important for the pharmaceutical industry to consider as they invest in durable, reliable hardware for their wearables. Leading organizations will have to expand their scope to include the latest innovations of smart wearables and their medical uses that meet the highest standards for safety and performance.
Speakers: Jennifer L. Bragg, Skadden, Arps, Slate, Meagher & Flom, Washington, District of Columbia USA; Steve Murray, Exponent, Inc., Menlo Park, California USA; Chad Hutchinson, Butler Snow LLP, Ridgeland, Mississippi USA; Kathryn Klaus, Medmarc Insurance Group, Bedford, Massachusetts USA
Materials:
7:30 – 8:30 a.m.
STOP! FAKES! Preventing Cross Border Transportation of Fake Luxury Goods
Committee Co-Sponsors: Intellectual Property, Transportation
The importation of fake designer/luxury products into Canada and the U.S. affects retailers, designers, and every aspect of e-commerce. The rise of e-commerce offers a haven for criminals who hide behind seemingly legitimate listings on popular websites. These sales provide profits to smugglers and traffickers. Intellectual property and transportation lawyers can team up together to stop these products at the border. IADC members who represent clients in e-commerce, manufacturing, retail, and transportation and warehousing will learn the latest practical tips for reporting suspected IPR violations, fraud, and/or illegal activity; how to protect a client's brand and value; how to avoid or limit the expense of making a successful report, and how to deal with the subsequent repercussions. The solutions can be expensive, though, as secure warehouses on either side of the border can be costly.
Speakers: Heather C. Devine, Traffix, Toronto, Ontario Canada; Selena Kim, Gowling WLG (Canada) LLP, Toronto, Ontario Canada
Materials:
Monday, February 20, 2023
7:30 – 8:30 a.m.
It’s Electric. . . . and on Fire!
Committee Co-Sponsors: Environmental and Energy Law, Insurance and Reinsurance, Product Liability, Transportation
While electronic vehicles continue to gain market share, the number of legal issues with EVs are similarly on the rise. This experienced panel will explain the latest technology involved in lithium-ion batteries and discuss the current issues with charging EVs – whether in a garage, at charging stations, in a golf cart barn, at a bus station, or on charging pads. They will also discuss the push for manufacturers to provide vehicle-specific response guides for fighting battery fires and to limit chemical thermal runaway and reignition. Finally, the panel will address the property and casualty insurance coverage issues surrounding EV fires, including addressing supplier indemnity. Whether your practice involves EVs – or you are just shopping for one – this is a panel you won’t want to miss.
Speakers: Michael L. Fox, Duane Morris LLP, San Francisco, California USA; Sylvie Gallage-Alwis, Signature Litigation, Paris, France
Materials:
7:30 – 8:30 a.m.
Mass Torts Made Too Easy? Claims Registries and Shadow Dockets Defined and Analyzed
Committee Co-Sponsors: Class Actions and Multi-Party Litigation, Product Liability, Toxic and Hazardous Substances Litigation
Federal judges attempting to manage multi-district litigation are creating administrative dockets and registries of unfiled claims. These claims registries are in use in MDLs involving Zantac, 3M Ear Plugs, Juul, and Paraquat. The innovation is under consideration by a federal rules committee examining whether specific rules are needed in multi-district litigation to cover their use. Are these tools making mass torts even more massive? Do these tools assist defense counsel in screening out the unscreened meritless claims or just shift the cost to defendants in a new way? This panel discussion will examine the pros and cons of these registries, explore ways to improve on the concept, and discuss whether specific rules codifying their use are warranted.
Speakers: Mark S. Cheffo, Dechert, New York, New York USA; Connie A. Matteo, Pfizer, New York, New York USA; Lana K. Varney, King & Spalding, Austin, Texas USA
Materials:
8:45 – 10:15 a.m.
Including Veterans in DEI Programs
Committee Co-Sponsors: Diversity, Equity, Inclusion and Belonging, Social Justice Pro Bono, Toxic and Hazardous Substances Litigation
The Mansfield Rule and other private diversity and inclusion programs have developed over the recent years to address a lack of diversity at the higher levels of law firms. The Mansfield Rule, as the best example, originated at the 2016 Women In Law Hackathon. The 2016 Women In Law Hackathon was a competition among nine teams “consisting of 54 high level law firm partners, 18 expert advisors, and 9 Stanford Law students.” Based on a review of publicly available media, none of the 81 law firm leaders, attorneys, consultants, and law students competing in the 2016 Women In Law Hackathon was a Veteran. Veterans are omitted from the “Mansfield Rule.” There is a well-grounded public policy rationale for advantageous treatment of women, persons of color, and those with disability based on a lattice-work of statutes, regulations, and state and federal court decisions. There is a developing public policy rationale for advantageous treatment of LGBTQ+ persons based on federal regulations and some state laws. There is no rationale for excluding Veterans from similarly advantageous treatment. This program will address the origin of private DEI programs and address how and why Veterans are omitted from these programs. The program will also discuss the public policy reasons for including veterans in DEI programs.
Speakers: Laura Marshall, McGuireWoods LLP, Richmond, Virginia USA; Robert Redmond, Jr., McGuireWoods, Richmond, Virginia USA; James Shelson, Phelps Dunbar, LLP, Jackson, Mississippi USA; Jack White, McGuireWoods LLP, Washington, District of Columbia USA
Materials:
8:45 – 10:15 a.m.
When the Walls Fall Down: Disaster Litigation and the Surfside Condo Collapse
Committee Co-Sponsors: Class Actions and Multi-Party Litigation, Construction Law and Litigation, Insurance and Reinsurance, Insurance Executives
SPONSORED BY PIVOT ENGINEERS
The collapse of the Champlain Towers South condominium in Surfside, Florida on June 24, 2021 unleased a tidal wave of litigation. These cases extended far beyond the threshold issue of who was responsible for the collapse among the dozens of defendants (from the general contractor to the pool maintenance company) that were sued. The parties were soon embroiled in complex issues surrounding the requests for class-action certification of classes with directly competing interests. Insurance issues pervaded the entire process. And in a bold move intended to resolve the morass, a mediator was appointed to triangulate all of the conflicting claims and defenses in an expedited ADR proceeding. Miraculously, large portions of these cases were resolved in less than a year. This program will provide an exciting and one-of-a-kind opportunity to explore how these cases unfolded and lessons learned from defense counsel, insurance counsel, and an engineering consultant who were in “the room where it happened.”
Speakers: Kathy J. Maus, Butler LLP, Tallahassee, Florida USA; Douglas M. McIntosh, Segal McCambridge Singer Mahoney, Fort Lauderdale, Florida USA; Randall Poston, Pivot Engineering, Naperville, Illinois USA; Stephen P. Smith, Marlow, Adler, Abrams, Newman & Lewis, Miami, Florida USA
Materials:
10:30 a.m. – 12:00 p.m.
Wheel of Fortune: Effective Voir Dire Strategies
Committee Co-Sponsors: Business Litigation, Class Actions and Multi-Party Litigation, Construction Law and Litigation, Medical Defense and Health Law, Product Liability, Trial Techniques and Tactics
SPONSORED BY IMS CONSULTING AND EXPERT SERVICES
Trial lawyers consider voir dire to be one of the most critical (and fun) parts of any trial. Voir dire presents the first chance to make an impression on the jury and advocate on the client’s behalf. Effective trial lawyers, however, know that voir dire is about much more than picking the jury. Making first impressions, connecting with the jury, presenting the theories of the case, and educating the jury on relevant legal concepts are all part of the process. During this session, a panel of experienced trial lawyers will explore voir dire strategies, tactics, and ethical issues in a dynamic and engaging format featuring audience participation and panel discussions. Panelists will take turns playing the role of counsel and the court, directing their questions to the prospective “jurors” in the audience. The panel will explore using voir dire to develop challenges for cause, the attorney’s duty of candor to the court, juror bias, rehabilitating jurors after potentially harmful admissions, meeting the duty to zealously advocate for clients during voir dire, and several ethical considerations. The panel’s questions will cover numerous practice areas to benefit all members in attendance and do so in a manner engaging for lawyers and non-lawyers alike. The panel will explore numerous areas, including:
- Whether to “Facebook” the jury and ethical pitfalls of using social media to research a jury;
- Developing a record to win motions to strike for cause;
- Using jurors to argue for you; and
- When to object and protecting against efforts to “poison” the jury
Speakers: Allyson Julien, Goldman Ismail Tomaselli Brennan & Baum LLP, Chicago, Illinois USA; Christina Marinakis, IMS Consulting & Expert Services, Los Angeles, California USA; Caroline Tinsley, Tucker Ellis, St. Louis, Missouri USA; Douglas Vaughn, Deutsch Kerrigan, LLP, Gulfport, Mississippi USA
Materials:
Tuesday, February 21, 2023
7:30 – 8:30 a.m.
Navigating Turbulence: How the Pandemic Impacted the Global Disputes Landscape
Committee Co-Sponsors: International Arbitration, International
The COVID-19 pandemic has brought disruption to businesses worldwide. For instance, supply chains have been deeply affected by national lockdowns, which slowed and sometimes brought to a halt the flow of raw materials and finished goods, disturbing manufacturing. The surge in prices – from food to microchips – has rendered agreements untenable in many cases. Construction projects have been stopped and later deeply impacted by COVID-19 restrictive guidelines. As a result, disputes arose in most countries, and this panel will provide an overview not only on the types of disputes, but especially on how different legal frameworks are addressing them. Topics to be addressed:
- How are the concepts of Force Majeure, Frustration, Economic Impossibility, and others perceived in different jurisdictions around the globe?
- Differences in the approach to COVID-19 related disputes: courts and arbitration.
- Disputes arising out of the COVID-19 disruption (construction, supply etc.). Analysis of landmark cases.
- What to expect in the future: new disputes on the horizon.
Speakers: Tripp Haston, Bradley LLP, Birmingham, Alabama USA; Sylvie Gallage-Alwis, Signature Litigation, Paris, France; Sara Keith, Shell, Houston, Texas USA; Siraj Omar, S.C., Drew & Napier LLC, Singapore
Materials:
7:30 – 8:30 a.m.
Practical Solutions for Seeking and Defending Against Economic Damages in Business Litigation
Committee Co-Sponsors: Business Litigation, Intellectual Property, International Arbitration, Product Liability, Transportation, Trial Techniques and Tactics
Whether you are seeking them on behalf of your client or opposing the other side’s demand, economic damages are the heart of business litigation. These damages can be challenging to quantify and even more challenging to present to a judge or jury with no understanding of business. This program will discuss the types of potential damages such as lost profits, lost business opportunities, diminished stock value, harm to reputation, etc., that require a particular kind of proof to go beyond speculation; as well as strategies for presenting these types of damages, or their antidote to the factfinder in an engaging way.
Speakers: John W. Campbell, Federal Express Corporation, Memphis, Tennessee USA; Dixie T. Wells, Ellis & Winters LLP, Greensboro, North Carolina USA
Materials:
8:45 – 10:15 a.m.
Science Doesn’t Sell Itself; It Needs a Story
Committee Co-Sponsors: Drug, Device and Biotechnology, Medical Defense and Health Law, Product Liability
Medical or other technical evidence is often necessary to prove claims and defenses in product liability and medical liability cases, among others. Many people do not understand science, do not like it, and may avoid it. You may not know about the physical properties of building materials, but you probably know The Three Little Pigs. Decisions are often emotional, and this session will present strategies to help you use technical scientific evidence to create a compelling narrative that connects science with emotion.
Speakers: Brandee Kowalzyk, Nelson Mullins Riley & Scarborough LLP, Atlanta, Georgia USA; Robert G. Smith, Mayer LLP, Houston, Texas USA; Sonia Valdes, Medmarc Insurance Group, Chantilly, Virginia USA
Materials:
8:45 – 10:15 a.m.
Social Justice on the Main Stage
Committee Sponsor: Diversity, Equity, Inclusion and Belonging
Recent events involving the treatment of marginalized communities in the United States have caused the world of sports and entertainment to respond by exercising their First Amendment Rights. These acts have resulted in consequences to both those exercising their free speech as well as to those trying to limit this fundamental right. This panel, which will include attorneys associated with both the NFL and NBA, will focus on the events that gave rise to some athletes' decision to take a knee and the resulting legal and social challenges the professional sports organizations faced when attempting to manage this on the public stage.
Speakers: Joe Briggs, NFL Players Association, Washington, District of Columbia USA; Stacy L. Douglas, Everett Dorey LLP, Irvine, California USA
Materials:
10:30 a.m. – 12:00 p.m.
Building Your Circle of Trust: The Future of Strategic Risk Management
Committee Co-Sponsors: Corporate Counsel, Product Liability, Trial Techniques and Tactics
Is there an ideal strategy for coming up with your ideal strategy? You bet there is! This panel of elite litigation specialists and trial lawyers will introduce you to the future of risk management and litigation strategy when defending businesses and industries. In this presentation, you will learn that litigation strategy is more than just what happens in the courtroom when it comes to defending a business. Through early collaboration with creative professionals who can assist in helping to think outside the box, you will discover how business strategies can influence and inform your winning litigation strategy. By inviting new perspectives and harmonizing business and litigation goals, you will be able to optimize your brain trust and minimize wasted time and effort when preparing a comprehensive defense strategy.
Speakers: Bernadette W. Catalana, MG+M, New York, New York USA; William G. Childs, 3M Company, Saint Paul, Minnesota USA; Nancy M. Erfle, Gordon Rees, Portland, Oregon USA; Bryant J. Spann, Thomas, Combs & Spann, LLC, Charleston, West Virginia USA
Materials:
Wednesday, February 22, 2023
7:30 – 8:30 a.m.
Current Issues in Legal Ethics for Lawyers and Risk Management in Law Firms
Committee Co-Sponsors: In-House and Law Firm Management, Professional Liability
A panel of legal ethics and risk management experts will discuss a series of ethics scenarios raising significant challenges for law firm and in-house lawyers. The Rules of Professional Conduct require every law firm partner or supervisory lawyer to make reasonable efforts to ensure that all lawyers they supervise conform to the ethics rules. This presentation will provide practical guidance on evolving principles of legal ethics and tips on avoiding legal malpractice claims.
Speakers: Scott Barabash, Aspen Insurance, Jersey City, New Jersey USA; Zandra E. Foley, Thompson Coe, Houston, Texas USA; Evans King, Steptoe & Johnson PLLC, Bridgeport, West Virginia USA; Charles Lundberg, Lundberg Legal Ethics P.A., Roseville, Minnesota USA
Materials:
7:30 – 8:30 a.m.
Reflections of a Litigator: Mistakes I Have Made or Seen Others Make
Committee Co-Sponsors: Product Liability, Toxic and Hazardous Substances Litigation
Becoming very good at anything, including litigation, takes time and involves making mistakes along the way. Some people have shorter learning curves, some have longer learning curves. Learning from mistakes is one key to improving and becoming an excellent litigator and trial lawyer. In this session, brave IADC members will share mistakes they have made and seen others make inside and outside the courtroom. They will also highlight some of the lessons learned in the process.
Speakers: Stu Goldberg, Eastman & Smith LTD, Toledo, Ohio USA; Melissa Dorman Matthews, Steptoe & Johnson PLLC, Dallas, Texas USA; Chas Reynolds, Tyson Mendes, Tampa, Florida USA
Materials:
8:45 – 10:15 a.m.
"Blurred Lines” – Is it Copyright Infringement or Fair Use? You Decide.
Committee Co-Sponsors: Business Litigation, Corporate Counsel, Cyber Security, Data Privacy and Technology, In-House and Law Firm Management, Insurance and Reinsurance, Intellectual Property
Does Robin Thicke and Pharrell Williams’ “Blurred Lines” song remind you of Marvin Gay’s hit “Got to Give it Up”? How about 2 Live Crew’s version of “Pretty Woman” compared with Roy Orbison’s song? What about visual artists like Andy Warhol, Jeff Koons and Richard Prince, who appropriate and incorporate others’ material into their own works of art? Did Google inappropriately copy Oracle’s smartphone code? Did Apple misappropriate Microsoft’s graphic interface design? These are just a few examples of questions that arise when judges and juries decide whether use of another’s intellectual property is infringing, or whether it constitutes fair use. Our panel will explain how the line between copyright infringement and fair use is constantly being challenged and expanded, whether in the context of songs, pop art, proprietary computer code, or other forms of expression. Intellectual property accounts for a huge piece of the U.S. economy, and copyright – and its accompanying legal issues – is all around us. Each corporate client has intellectual property it needs to protect, and each needs to understand any potential risks of infringement. Come join this interactive panel which will walk-through real-world examples of alleged infringement, asking the audience to vote whether the secondary use should constitute a “fair use.” The panel will then reveal the actual outcome of the case, and the audience will see how their instincts align with court decisions. The panel will explore what factors courts analyze when examining fair use cases, and will discuss examples including:
- Oral arguments presented to the Supreme Court in the case involving Andy Warhol’s use of a copyrighted photograph to create a series of portraits of Prince
- Lawsuits against celebrities posting paparazzi photographs of themselves on social media, such as actress Emily Ratajkowski, LeBron James, and NFL player Deshaun Watson;
- The Ninth Circuit’s recent ruling in Katy Perry’s “Dark Horse” IP dispute;
- Alice Randall’s critique of Gone With the Wind in her book The Wind Done Gone;
- The Court ruling in Dr. Seuss Enters., L.P. v. ComicMix regarding fair use of Dr. Seuss’s material;
- Street artists and their challenges and successes in protecting copyright in graffiti;
- The case of Disney v. Vid Angel, where the court ruled that the fair use defense did not apply where an unlicensed video-on-demand streaming service allowed customers to filter out adult content from movies and television shows;
- Instances of musicians suing over politicians’ use of their music at campaign events; and
- Infringement cases based on celebrity tattoos being replicated on video game characters.
Come hear why this area of the law is so hard to predict and why these cases are always fact intensive and highly debated. You’ll walk away armed with advice to give your own clients as they protect their own intellectual property interests.
Speakers: Nicholas Bartelt, U.S. Copyright Office, Washington, District of Columbia USA; Nicholas Hoffman, McGuireWoods LLP, Los Angeles, California USA; Anna G. Schuler, Spencer Fane LLP, Overland Park, Kansas USA
Materials:
8:45 – 10:15 a.m.
Leading Into the Future: Lessons From Ted Lasso
Committee Sponsor: In-House and Law Firm Management
Corporations and law firm leaders need to rethink their leadership approaches to adapt to the expectations of a post-pandemic world and generational shifts in the workplace. During this session, emerging leaders will explore the future of leadership from a unique and entertaining perspective, focusing on how we can apply the leadership approach of the entertaining sports comedy Ted Lasso to our legal workplaces. The panel will delve into how Ted's "be a good person, respect others, and judge no one" philosophy can help your organization not just survive, but thrive in changing and challenging times.
Speakers: Elizabeth M. Brotten, Foley & Mansfield, PLLP, Minneapolis, Minnesota USA; Laura Emmett, Strigberger Brown Armstrong LLP, Waterloo, Ontario Canada; Guilherme R. Amaral, Souto Correa Cesa Lummertz & Amaral Advogados, Porto Alegre, Brazil
Materials:
10:30 a.m. – 12:00 p.m.
Training Your Witness Not to Fail Under Pressure
Committee Co-Sponsors: Business Litigation, Class Actions and Multi-Party Litigation, Construction Law and Litigation, Intellectual Property, International Arbitration, Medical Defense and Health Law, Product Liability, Trial Techniques and Tactics
SPONSORED BY MAGNA LEGAL SERVICES
As a follow up to a popular program presented at the 2022 Midyear Meeting, How to Regain Control of a Witness That Has Lost It, the panelists will discuss techniques for preparing witnesses so that they maintain composure on the stand and express themselves in a credible way. After identifying the challenges that a particular witness presents due to their unique personality traits, this program provides strategies for effectively preparing the witness including behavior modification techniques; strategies to develop the witnesses' muscle memory, pattern interruptions, preparation, and practice; videotaping the witnesses; using mock depositions, etc. The panelists will discuss the risks of over-prepping the witness, how to know when to start the preparation, and when to stop.
Speakers: Jennifer Annis, Gable Gotwals, Oklahoma City, Oklahoma USA; Mark Calzaretta, Magna Legal Services, Philadelphia, Pennsylvania USA; Sandra J. Wunderlich, Tucker Ellis LLP, St. Louis, Missouri USA
Materials: