Location: 14 Vesey Street, 2nd Floor Auditorium
Course ID: C120202
Number of Sessions: 1
Credits: 3 MCLE Credits: 3 Ethics Transitional and Non-transitional (also NJ)
3 MCLE Credits
Like most practitioners, intellectual property lawyers face a constant and varied array of ethical issues every day, but some ethical challenges are somewhat unique to intellectual property law. In addition, even those who do not consider themselves an "IP lawyer" are likely to have IP issues crop up in their practices, as more and more businesses market their products and services on the internet, invest in unique and proprietary business methods and core personnel, engage in international markets, and otherwise move toward monetizing their unique and often intangible assets.
In today's climate, no lawyer should practice without an understanding of some of the more common IP-related ethical issues that are likely to arise – or that have already arisen unnoticed.
The panel consists of an ethicist and three intellectual property practitioners, each of whom will focus primarily on one of the three main IP practice areas: copyright, trademark, and patent. Some IP-related ethical issues present themselves across the full spectrum of IP law, but with certain nuances in each, and some are specific to one particular area. The panel will address both through a series of interesting hypotheticals, and look forward to an interactive discussion with the audience.
Some of the ethical issues to be covered:
- occur when representing multiple parties in disputes or transactions, such as joint ventures, partnerships, and closely held corporations, and in the employer-employee context.
- occur when representing multiple parties in class or other multi-party copyright actions, including when the various clients do not have access to the same scope or type of remedy.
- concern disclosure obligations in connection with patent and trademark applications and prosecution, including a discussion of recent important legal developments regarding inequitable conduct in both the patent and trademark contexts and the similarities – and differences – between the two.
- concern data security in the context of constantly evolving and expanding technology resources for lawyers, including cloud storage, temporary cloud file-sharing, email, and other emerging technologies; and
- occur when trademark owners investigate potential infringers and authorize test purchases, have undercover investigators record conversations, or use social media to gather information about potential targets.
Program Co-sponsor: NYCLA's Ethics Institute
Program Chair: Adam Engel, A.E. Engel & Associates
Adam Engel, A.E. Engel & Associates, LLC – Intellectual Property and Business Litigation and Counseling
Jonathan Sobel, Sobel & Feller LLP – Intellectual Property Litigation and Counseling; Business and Commercial Litigation
Joseph Gioconda, Attorney and Founder of Gioconda Law Group PLLC, Brand Protection Litigation, Investigations and Strategic Consulting
Devika Kewalramani, Moses & Singer LLP, Legal Ethics & Law Firm Practice