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Event Information

Live Webcast: Transactional Intellectual Property

December 16, 2022


Business and transactional law is quickly becoming less and less about brick and mortar, goodwill, and traditional sales and more and more about intellectual property, trade secrets and cybersecurity.  Join Doug Lineberry, Jim Buxton, and India Vincent for a practical and powerful overview and tour of transactional intellectual property topics that will equip you to guide your business clients through the challenging decisions they’ll make in buying, selling and protecting their most valuable assets.

 


The South Carolina Bar is an accredited CLE provider in South Carolina only. Attorneys are responsible for seeking their own credit in other jurisdictions.

Disclaimer: The views expressed in CLE programs and publications do not necessarily reflect the opinions of the South Carolina Bar, its sections, or committees.

Registration Fees

CLE Big Ticket
$0.00
Member
$250.00
Non Member
$250.00
SC Certified Paralegal
$125.00
Price Description Amount

Agenda

Speakers

NameOrganizationSpeaking At
Douglas Lineberry
Burr & Forman LLP  -
India Vincent
Burr Forman, LLP  -
James Taylor Buxton
Buxton and Collie, LLC  -
Michael Abro
  -

Policy

Continuing Education

Agenda

 

8:00 a.m.                    

Registration

 

8:25 a.m.                     

Welcome and Opening Remarks

 

8:30 a.m.                     

Non-Deal Related IP Transactions

James Buxton, Buxton & Collie, LLC

This overview will address a number of issues related to IP transactions including: what IP is, why you need to protect it, and essential agreements for internal control of IP.  

                                                 

9:00 a.m.                    

Mistakes in Trade Secret / Confidential Information Policies

Doug Lineberry, Burr & Forman LLP 

An overview of common mistakes in trade secret and confidential information policies and how to avoid them.

                                   

9:20 a.m.                    

Vendor Management 

India Vincent, Burr & Forman LLP

An overview of the importance of vendor management in the cybersecurity and data privacy context, what vendor management entails, and how to manage vendors effectively. 

 

9:40 a.m.                     

Documentation Mistakes in Assignments and Licenses

Doug Lineberry, Burr & Forman LLP

An overview of common mistakes practitioners make regarding the documentation of IP assignments and licenses.

 

10:00 a.m.                  

Break

 

10:10 a.m.                   

Intellectual Property in the M&A Deal Process 

James Buxton, Buxton & Collie, LLC

An overview of how IP interacts with the M&A deal process, including the importance of non-disclosure and confidentiality agreements, how to conduct due diligence with regards to IP, how to mitigate IP-related risks in the purchase agreement, and how to resolve post-deal ownership and use issues.

 

10:40 a.m.                  

Due Diligence: The Difference Between Vendor Diligence and M&A Diligence                    

India Vincent, Burr & Forman LLP

A summary of how to conduct due diligence on vendors, taking into account the types of data being process, applicable law, and the consequences of incidents and breaches, as well as a how this due diligence factors into an M&A.

 

11:00 a.m.                   

M&A – Representations and Warranties 

India Vincent, Burr & Forman LLP 

A discussion of key issues that cybersecurity and data privacy concerns raise for representations and warranties, such as compliance, industry standards, and cyber insurance.                    

 

11:20 a.m.                   

Documentation Mistakes in Trademark Applications

Doug Lineberry, Burr & Forman LLP

A snapshot of some of the documentation pitfalls in trademark applications and steps to take to prevent making those mistakes.

 

11:40 a.m.                  

The Vendor Contract

 India Vincent, Burr & Forman LLP

A look at primary considerations when contracting with vendors, including how to comply with applicable laws, regulations, industry standards, and a customer’s own data privacy and cybersecurity policies.

12:00 p.m.                  

Lunch (on your own)

 

1:00 p.m.                    

Addressing Stress & Burnout in the Legal Profession                                                                

Michael Abro, South Carolina Bar

Studies have highlighted the substantial rates of behavioral health problems present in the legal community. One recent study of lawyers found that 28% of participants experienced depression, 20% screened positive for potentially alcohol-dependent drinking, 19% experienced severe anxiety, and 11.5% had experienced suicidal thoughts. During this program, attendees will learn about behavior health problems present in the legal community and will have an opportunity to assess their own stress levels. The presenter will share information related to signs of stress and potential burnout. Strategies for addressing these concerns will be examined. In addition, attendees will learn about educational resources related to mental health, wellness, and self-care to enhance their knowledge of their duties of competence, diligence, and honesty in the practice of law.                             

 

2:00 p.m.                   

Documentation Mistakes in Patent Applications

Doug Lineberry, Burr & Forman LLP

An overview of documentation mistakes that may arise when prosecuting patent applications and how to stay clear of those issues to avoid wasted time and money, as well as potential loss of IP rights.

 

2:20 p.m.                   

The NIL Landscape: Brief History, State Law and NCAA Rules  

James Buxton, Buxton & Collie, LLC

A brief history of NIL and survey of state law regarding the use of name, image, and likeness rights by college athletes, how the NCAA Rules conflict with or have adapted to those laws, and the status of NIL rights in South Carolina.

 

2:40 p.m.                   

NIL Agreements: Pitfalls and Special Considerations

Charles Kinley, Burr & Forman LLP

An overview of primary considerations to make when drafting and negotiating NIL agreements.

 

3:00 p.m.                    

Break

                                   

3:10 p.m.                    

Crafting Effective Institutional NIL Policies and Group Licensing

Doug Lineberry, Burr & Forman LLP

James Buxton, Buxton & Collie, LLC

An overview of the framework of institutional NIL policies, how to craft them effectively, and how to take advantage of group licensing in order to maximize the value of NIL rights.

 

3:30 p.m.                   

Advising Athletes: NIL Collectives v. Institutional Programs

Doug Lineberry, Burr & Forman LLP

A look at some of the main issues to consider when advising student athletes, including a comparison of the benefits and detriments of partnering with NIL collectives or institutional NIL programs.      

 

4:00 p.m.                    

Adjourn

 

 

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