Скачать презентацию SECRETS LIES AND MONEY Ethical rules for Скачать презентацию SECRETS LIES AND MONEY Ethical rules for

f828c895f602c21e2053886195b319e6.ppt

  • Количество слайдов: 21

SECRETS, LIES, AND MONEY! Ethical rules for interacting with non-lawyers in IP litigation SECRETS, LIES, AND MONEY! Ethical rules for interacting with non-lawyers in IP litigation and transactions January 22, 2014 Los Angeles, California Sponsored by Sidley Austin LLP Panelists: Kelly Kriebs, Sidley Austin LLP Samuel Tiu, Sidley Austin LLP Moderator: Harrison Perla, Esq. , CEVA, Inc. #IHCC 14 #IHCC 12 2014 ACC-So. Cal In-House Counsel Conference 1

Questions for Consideration <Is it ethical for lawyers/parties to pay fact witnesses (e. g. Questions for Consideration

Compensating a Fact Witness Inventor <Content of testimony vs. reasonable value for loss time Compensating a Fact Witness Inventor

Reasonableness of Payment <Benefits should be directly tied to reasonable reimbursement for time and Reasonableness of Payment

“Locking Up” The Inventor Witness <Can I prevent a non-employee inventor witness from communicating “Locking Up” The Inventor Witness

Representing the Former Employee/Inventor <Shield communications with the attorney-client privilege <Issues to consider: – Representing the Former Employee/Inventor

Inventor – Dual Capacity Witness <Case law example: – Sensormatic Elecs. Corp. v. WG Inventor – Dual Capacity Witness

Inventors of the Adverse Party <If the inventor is a former employee of your Inventors of the Adverse Party

Prior Art Witnesses <Not affiliated with either party <Payment considerations as part of litigation Prior Art Witnesses

Take-Aways <Check the specific jurisdiction for your case <Candor with court and opposing counsel Take-Aways

Communication with Represented Parties <Cal Rules of Prof. Conduct 2 -100 – Not limited Communication with Represented Parties

Communication with Represented Parties <Consent to communication with represented party must come from the Communication with Represented Parties

Social Media and Take Aways <Communication via Social Media – SDCBA Legal Ethics Opinion Social Media and Take Aways

“Open Source” Software <“Open Source” Review <“Open Source” License – Permissive – Viral – “Open Source” Software <“Open Source” Review <“Open Source” License – Permissive – Viral – Attribution requirements

Duty of Candor <Duty of Candor – How does duty relate to duty to Duty of Candor

Duty of Candor <Duty of Candor – Cal Bus. & Prof. Code 6106 – Duty of Candor

Duty of Candor; Take-Aways <Duty of candor to the court – standards differ – Duty of Candor; Take-Aways

Employee with Former Employer’s Trade Secrets <Ethical dilemma – Cannot possess trade secrets of Employee with Former Employer’s Trade Secrets

Employee with Former Employer’s Trade Secrets <Onboarding new employees is important <Examples: – IBM Employee with Former Employer’s Trade Secrets

Panelists <Kelly Kriebs – Partner, Corporate and Finance Sidley Austin LLP <Samuel Tiu – Panelists

11 th Annual In-House Counsel Conference January 22, 2014 (Los Angeles, CA) www. acc. 11 th Annual In-House Counsel Conference January 22, 2014 (Los Angeles, CA) www. acc. com/chapters/socal/ #IHCC 14 21 000000_21