Friday Evening, November 8, 2013

1:45 PM
  • CLE 301: Challenges and Strategies for Protecting Innovation: Cutting-Edge Developments on Patent Eligible Subject Matter Julia Lee AB
    To 3:00 PM
    +

    “What in the world can be patented?” is still an open question for patent practitioners as the U.S. Supreme Court, the Federal Circuit, and the U.S. Patent and Trademark Office (PTO) continue to define the scope of patent eligibility. The Supreme Court considered the question of whether human genes can be patented in The Association of Molecular Pathology et al. v. Myriad Genetics, Inc. et al. Nearly four years after the Supreme Court’s decision in Bilski v. Kappos, the scope of patent eligibility for computer software remains unresolved. The PTO and the Federal Circuit continue to search for the appropriate test to determine whether software patent claims invoke the “abstract idea” exception to patentability. In that connection, the PTO recently formed a partnership with the software community including roundtable discussions to share ideas and insights on software patenting. And, in a hotly watched case, CLS Bank v. Alice Corp., the Federal Circuit considered en banc the extent to which a computer recited in a claim renders the claim patent eligible under 35 U.S.C. § 101, then issued an opinion reflecting the deep divisions and fundamental disagreements within the court on the issue. This panel will discuss ongoing developments at the PTO, the Federal Circuit, and the Supreme Court, and present strategies for protecting innovations and overcoming the patent eligibility barrier.

    Program Chair & Moderator:
    Esther  H. Lim
    Partner, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

    Panelists:
    George C. Chen
    Partner, Bryan Cave LLP

    Lee Cheng
    Chief Legal Officer, Senior Vice President of Corporate Development, Newegg Inc.

    Ankur D. Shah
    Associate General Counsel for Intellectual Property, Freddie Mac

    Christopher T. Sukhaphadhana
    Patent Counsel, Mattel, Inc.

  • CLE 302: Preparing and Defending Rule 30(b)(6) Depositions—Best Practices Basie Ballroom C
    To 3:00 PM
    +

    A deposition noticed under Federal Rule of Civil Procedure 30(b)(6) requires a corporation (or other organization) to produce one (or more) witnesses to testify on its behalf.  The defense of these depositions can be critical, as the testimony on the noticed topics will be deemed admissible against the company for any purpose at trial. On the other hand, a capable Rule 30(b)(6) witness can put a human face on a corporate entity to help tell its story. This panel will present a couple of hypothetical scenarios and discuss with the audience some best practices when preparing and defending Rule 30(b)(6) depositions.

    Program Chair & Moderator:
    Gregory K. Wu
    Partner, Shook Hardy & Bacon L.L.P.

    Panelists:
    John Cu
    Partner, Hanson Bridgett

    Kamran Q. Khan
    Assistant General Counsel, Altria Client Services Inc. – Law Department

    Linda Lu
    Vice President and Chief Litigation Officer, Nationwide Insurance

  • CLE 303: Same Sex Marriage Recognition in a Post DOMA World: Litigation Update and the Impact on LGBT Asian Pacific Americans Jay McShann B
    To 3:30 PM
    +

    Four APA legal-community leaders will discuss the current state of same sex marriage and U.S. laws that are affected due to the recent change to the definition of marriage under the Defense of Marriage Act (DOMA).  The panel will talk about the impact of the recent Supreme Court decisions on same sex marriage recognition under DOMA and how this affects state marriage and divorce laws, adoption, immigration, and federal benefits. They will also discuss the most critical factors affecting the rights of same sex marriage and debate whether these concerns changing.  The panel will analyze the connection between setbacks and victories for the gay rights movement and the fight for Asian Pacific American (APA) civil rights. Finally, the panel will examine how work in the APA community and the issue of marriage equality have resulted in significant changes in APA opinions on marriage equality and ultimately gay rights.

    Program Co-Chair & Moderator:
    Jeffrey Y. Bennett
    Founder, Jeffrey Y. Bennett Law

    Program Co-Chair & Panelist:
    David Tsai
    Counsel, Perkins Coie LLP

    Panelists:
    Clement Lee
    Staff Attorney, Immigration Equality

    Doreena Wong
    Project Director, Asian Americans Advancing Justice-LA

    Shin Ming Wong
    Attorney, National Center for Lesbian Rights

    Alexia D. Kortiz
    Associate, Paul, Weiss, Rifkind, Wharton & Garrison LLP

  • CLE 304: The BP Deepwater Horizon Gulf Oil Spill –Lessons Learned Working with Vietnamese Fishermen Mary Lou Williams AB
    To 3:00 PM
    +

    On April 20, 2010, the BP Deepwater Horizon drilling rig exploded in the waters of the Gulf of Mexico causing a massive human, economic and environmental disaster as more than four million barrels of oil gushed into the Gulf. The spill has the distinction of being the worst in U.S. history. This panel, comprised of attorneys and a consultant whose efforts led to an epic $7.8 billion global settlement, will discuss the history of the lawsuit and resulting settlement fund, the background and historical precedents that led to BP’s actions in the aftermath of the disaster and the public relations campaign conducted by BP and the effect it had on the litigation strategies chosen by both sides. The panel will also address the challenges of conducting large scale litigation and the cultural lessons learned from representing more than 1,500 shrimpers, oystermen, crabbers, and finfishers — many of whom were first-generation Vietnamese immigrants.

    Program Chair & Moderator:
    Rachel T. Nguyen
    Partner, Faegre Baker Daniels LLP

    Panelists:
    Craig S. Coleman
    Partner, Faegre Baker Daniels LLP

    William L. Roberts
    Partner, Faegre Baker Daniels LLP

    Thao Jennifer Vu
    Counselor, Mercy Housing and Human Development

  • CLE 305: Hate Crimes and the Asian American Community: Origins, Recent Trends, and What APA’s Can Do to Help Combat Them Andy Kirk AB
    To 3:00 PM
    +

    This program will focus on hate crimes against the Asian American community, their genesis, and what we as lawyers can do to help our community. This is a topic which cuts across all field and practices areas, and unites us all as Asian American attorneys.  However, it is also a topic with a particularly deep-rooted history about which not many of us are aware.  For example, many of us may not be familiar with the Bellingham Riots, where in 1907, a mob of 400-500 white men, predominantly members of the Asiatic Exclusion League attacked the homes of East Indian immigrants in Washington State.  This panel will begin with the origins of hate crimes – their connection to racial and religious profiling – and then, will cover their manifestation in modern-day hate crimes, and will end with what we can do to help as attorneys (including volunteer attorney work and policy work).

    Program Chair & Moderator:
    Sandhya Ramadas
    Associate Attorney, Bird Marella Boxer Wolpert Nessim Drooks & Lincenberg

    Panelists:
    Laboni Hoq
    Litigation Director, Advancing Justice – LA (APALC)

    Birpal Kaur
    Community Relations Associate, Sikh American Legal Defense and Education Fund

    Corey Saylor
    National Legislative Director, Council on American-Islamic Relations (CAIR)

  • CLE 306: Conflicts of Interest and Other Ethical Considerations for Attorneys and Fiduciaries Basie Ballroom A
    To 3:00 PM
    +

    This presentation discusses and analyses the ethical considerations surrounding the laws regarding how Trustees may invest trust assets and make distributions, as well as the important tax implications of those investment and distribution decisions.  Specific attention is paid to the conflicts that arise through representation of multiple parties interested in a single trust.  Self-dealing by fiduciaries and attorney-client privilege concerns are also discussed.  Finally, means to minimize the risk to trustees and their advisors are illustrated.  Discussion and examples of the relevant Rules of Professional Conducts are discussed throughout the course.

    Program Chair & Instructor:
    Julie Min Chayet
    Managing Director, Fiduciary Trust Company International

  • CLE 307: The Politics of Puppies, Due Process for Dogs, and Case Law for Cats Lester Young B
    To 3:00 PM
    +

    Animal Law: Sure, it’s dog bite cases but it’s also so much more. Today, Animal Law covers public policy matters; consumer fraud; class actions; civil rights issues; estate planning; criminal abuse and neglect; public finance; and a host of other legal issues. Indeed, Animal Law is developing a degree of sophistication and complexity that is giving rise to a growing number of lawyers who can now build entire practices around a specialization in this field. This session offers an overview of some of the “hot topic” legal issues in Animal Law about which too few APA lawyers are aware. It will offer an overview of Animal Law and a more in-depth examination of civil rights issues for pets and federal law related to service or assistance animals. Whether you’re a solo or small firm lawyer looking to build and expand your practice, a civil rights advocate, a person committed to socially responsible and humane food sourcing and eating, or someone whose beloved pet is as much a member of the family as its human members, you owe it to yourself and the animals you care about to familiarize yourself with this rapidly emerging and quickly evolving area of law.

    Program Chair & Moderator:
    Sandra Yamate
    Chief Executive Officer, Institute for Inclusion in the Legal Profession

    Panelists:
    Rebecca Huss
    Professor of Law, Valparaiso University Law School

    Ledy VanKavage
    Senior Legislative Attorney, Best Friends Animal Society

  • CLE 308: Office Politics 101 – How to Win the Popularity Contest at Work Bennie Moten AB
    To 3:00 PM
    +

    APAs are often seen as either too shy or meek or too aggressive and obnoxious.  How do you become present at meetings, parties and other events without being a jerk?  Especially when surveys show that APAs are the least trusted group in the office.  In an interactive exchange among panelists that will engage, involve, and even provoke the audience, learn to be, and be comfortable in being, the center of attention!  Learn the keys to navigating (and evening, winning) the firm or corporate popularity contest, which could mean the difference between being the leader or the peon!

    Program Chair & Moderator:
    Wilson Chu, Partner, K&L Gates

    Panelists:
    Don Liu
    Senior Vice President, General Counsel and Secretary, Xerox Corporation

    Jennifer Liu
    Deputy General Counsel, Sony Computer Entertainment Company

    Brian Sun
    Partner, Jones Day

3:30 PM
  • CLE 401: Lessons from the Dupont v. Kolon Trade Secret Litigation Julia Lee AB
    To 4:45 PM
    +

    For many companies, their intangible assets—trade secrets and corporate know-how—are what gives them their edge over their business competitors. Recently, however, the risk of having trade secrets stolen or leaked has grown as both workforces and information has become more mobile. Information is increasingly digital in form and easily published or purloined: sent by e-mail; revealed on a blog; removed on a CD, DVD, or USB drive; or photographed with a digital camera or cellphone by departing employees, contractors, vendors, consultants, and licensees. The past few years has been remarkable for trade secrets law.  Among other things, the $920 million damages award in DuPont v. Kolon emphasized the importance and value of trade secrets, and the dire consequences of being found to have misappropriated a competitor’s trade secrets. The proposed presentation will analyze the recent Dupont v. Kolon  case to derive helpful “Dos and Donts” for litigators involved in trade secret misappropriation cases. The presentation also will examine why only Kolon was sanctioned for spoliation of evidence, even though both sides showed that the other intentionally destroyed relevant evidence.

    Program Chair & Moderator:
    Grace Parke Fremlin
    Partner, Steptoe & Johnson LLP

    Panelists:
    Thomas T. Chan
    Partner, Fox Rothschild

    Camilla Eng
    General Counsel, JM Eagle

    Seong Kim
    Partner, Steptoe & Johnson LLP

  • CLE 402: Beyond the Foreign Corrupt Practices Act: Corporate Social Responsibility and Supply Chain Compliance Requirements Basie Ballroom A
    To 4:45 PM
    +

    New legal requirements, such as those found in the California Transparency in Supply Chains Act, the Executive Order Strengthening Protections Against Trafficking in Persons in Federal Contracts, the Conflict Minerals provision in the Dodd-Frank Act, and the proposed federal Business Transparency in Trafficking and Slavery Act, impose unique compliance and third-party due diligence obligations on the global business community.  Additionally, the growing awareness of the purchasing public raised by recent events such as factory fires in Bangladesh have resulted in demands that companies be held responsible for even unknown bad actors in their supply chains.  This interactive panel will sensitize attendees to today’s emerging supply chain compliance requirements; allow attendees to utilize the same phone apps that consumers use to identify companies with poor corporate social responsibility scores and potential human trafficking in their products; and discuss how businesses may respond to the fast-growing corporate responsibility arena.

    Program Chair & Moderator:
    Paul O. Hirose
    Senior Counsel, Perkins Coie LLP

    Panelists:
    Katia F. Grow
    Counsel, Finance and M&A, The Coca-Cola Company

    Myron Eng
    Director, Operations Compliance – Pacific Division, Walmart

    Al Mauro
    Assistant General Counsel, Hallmark Cards, Incorporated

  • CLE 403: Silver Linings Playbook—Playing Smart to Achieve Success Basie Ballroom C
    To 4:45 PM
    +

    Race and gender matter.  But what are the issues for APA women attorneys and can we develop new ways to achieve our goals?  This session will show how coaching can get women to think about their careers, whether in government, private practice, public interest, or in-house, with more purpose and strategy.  Peggy Nagae, an executive coach and national authority on diversity and inclusion, will moderate an interactive panel of three women at different stages of their careers. They will share challenges they’ve faced, what they did to overcome them, and how increased self-awareness and skill building through coaching can help advance career goals. The audience will learn how the right kind of coaching can give you critical tools to help you achieve your career goals.  To leverage this information, the audience will have the opportunity to participate in peer coaching guided by Peggy’s expertise.

    Program Chair & Moderator:
    Peggy Nagae
    Owner, peggynagae Consulting

    Panelists:
    Kiran Jain
    Senior Deputy City Attorney, City of Oakland (CA)

    Gina Shishima
    Partner, Norton Rose Fulbright

    Amy Yeung
    Assistant General Counsel, ZeniMax Media, Inc.

  • CLE 404: The Trials of the Proxy Season Jay McShann B
    To 4:45 PM
    +

    The annual proxy season gets more stressful and more complex every year.  At one time, annual meetings and the proxy disclosures leading up to it were a fairly easy process.  Then came the requirements of expansive disclosures and an ever-increasing number of shareholder proposals.  Everything from proposals seeking to eliminate safeguards against green-mailers and hostile takeovers to shareholder proposals on sustainability, human rights, animal rights, climate change, political contributions and much more. Now, between “say on pay,” separation of Chairman and CEO, and lawsuits seeking to enjoin Annual Meetings for alleged failure of disclosures, Annual Meetings have become anything but the festive days of old.  Our panel will examine the challenges and management of Annual Meetings and the preparation leading up to an uneventful Annual Meeting.

    Program Co-Chair:
    Simone Wu
    Senior Vice President, General Counsel, Secretary and Chief Compliance Officer, Choice Hotels International

    Program Co-Chair & Moderator:
    Javade Chaudhri
    Executive Vice President & General Counsel, Sempra Energy

    Panelists:
    Ning Chiu
    Counsel, David Polk

    John Kuo
    Senior Vice President, General Counsel & Corporate Secretary, Varian Medical Systems

    Rachel Lee
    Senior Corporate Counsel, EMC Corporation

    Alan Tse
    Executive Vice President, General Counsel & Corporate Secretary, Churchill Downs, Inc.

  • CLE 405: An Insider’s View of an Arbitration: An Interactive Analysis of Best Practices, Tips, and Mistakes to Avoid Bennie Moten AB
    To 4:45 PM
    +

    If you are new to the use of alternative dispute resolution (ADR) processes or ever wondered how negotiation, peacemaking, mediation, and arbitration can resolve a dispute, then this is THE presentation for you.  Through an interactive role play, the audience will get “behind the scenes” tips and analysis of how to best use the various ADR tools during various stages of a legal dispute.  The program will provide insights from both the attorneys’  and neutrals’ point of view. The audience will follow two disputing parties as they use various ADR processes to come to a resolution.  The panel will pause between each process to discuss pros and cons of resolving a matter at that stage and provide best practices and common mistakes to avoid to ensure attorneys are utilizing that process in the optimal manner.  This is a beginner-intermediate program applicable to attorneys practicing in any area where ADR is regularly used.

    Program Chair & Moderator:
    Serena K. Lee
    Vice President, American Arbitration Association

    Panelists:
    Hiro Aragaki
    Professor of Law, Loyola Law School

    Grande Lum
    Director, Department of Justice Community Relations Services

    Lance Tanaka
    Vice President, American Arbitration Association

  • CLE 406: From DREAMS to the Reality of Immigration Reform—Innovative Approaches to Pro Bono Legal Clinics Lester Young B
    To 4:45 PM
    +

    This panel will discuss best practices for bar associations and legal service agencies in working together to provide effective pro bono legal service clinics, particularly in the area of immigration law.  Presenters will discuss their recent experiences in establishing a model of intensive, “rapid-response” immigration pro bono legal clinics for “Deferred Action for Childhood Arrivals” applicants in 2012.  The program will also present best practices and general lessons for pro bono immigration legal work, with the potential impact of comprehensive immigration reform that may open up major legal service needs for the 11 million undocumented immigrants (including 1 million Asian American undocumented immigrants) currently in the U.S.

    Program Chair & Moderator:
    Steven Choi
    Executive Director, New York Immigration Coalition

    Panelists:
    James R. Cho
    Assistant U.S. Attorney, Eastern District of New

    Elisa Gahng
    Staff Attorney, MinKwon Center for Community Action

    Chul Pak, Partner
    Wilson Sonsini Goodrich & Rosati

  • CLE 407: 22 Lewd Chinese Women: Chy Lung v. Freeman Basie Ballroom B
    To 4:45 PM
    +

    In 1874, a ship arrived in San Francisco carrying 600 passengers from China.  A state official permitted the passengers to disembark — except for 22 Chinese women.  The official determined that the women, who were traveling alone, had to be “lewd,” that is, prostitutes.  He required a bond of $500 each for the women to leave the ship.  The captain refused, and the women were detained.  A trial ensued, and the case eventually reached the Supreme Court, in Chy Lung v. Freeman, raising issues involving due process, women’s rights, and the power of states to regulate immigration.  We will tell the story of the women, through narration, reenactment of court proceedings, and historic photographs.  This is another in a series of historic reenactments presented by AABANY, including The Trial of Minoru Yasui (Las Vegas), The Murder of Vincent Chin (Seattle), The Massie Trials (Boston), The Trial of Tokyo Rose (Los Angeles), Ozawa and Thind (Atlanta), and Heart Mountain (Washington, D.C.)

    Program Co-Chairs:
    Vincent T. Chang
    Partner, Wollmuth Maher & Deutsch

    Hon. Denny Chin
    Circuit Court Judge, U.S. Second Circuit

    Kathy Hirata Chin
    Partner, Cadwalader, Wickersham & Taft L.L.P.

    Panelists:
    Yang Chen
    Executive Director, Asian American Bar Association of New York

    Theodore K. Cheng
    Partner, Fox Horan & Camerini LLP

    Francis H. Chin,
    Senior Administrator, Brooklyn School of Law

    Andrew Hahn
    Partner, Duane Morris LLP

    Lauren, U.Y. Lee
    Special Counsel, Cadwalader, Wickersham & Taft L.L.P.

    Linda S. Lin
    Senior Counsel, Liberty International Underwriters

    Anna R. Mercado
    Associate, Phillips Lytle LLP

    Yasuhiro Saito
    Founding Partner, Saito & Sorenson LLP

    Vinoo Varghese
    Principal Attorney, Varghese & Associates, P.C.

    Ona T. Wang
    Partner, Baker & Hostetler LLP

    David Weinberg
    Chief Executive Officer, JURYGROUP

    Jessica C. Wong
    Associate, Cadwalader, Wickersham & Taft L.L.P.

  • CLE 408: Bright Lights, Big Pharma Mary Lou Williams AB
    To 4:45 PM
    +

    This program will explore key legal issues currently facing the pharmaceutical industry: (i) patent infringement and validation actions; (ii) pharmaceutical fraud including off-label promotions; and (iii) biosimilars.  Even though only 15% of approved drugs generate enough revenue to cover their own developmental costs, global spending on pharmaceutical research and investment has increased to over $60 billion per year.  The average costs for discovering, developing and launching a new drug now exceeds $1.7 billion.  However, the rewards for discovering a blockbuster drug are even higher.  Over $600 billion of revenue is generated worldwide from prescription drugs every year, with the United States, the European Union and Japan being the biggest spenders.  Pharmaceutical companies must navigate through many different laws and regulations in multiple jurisdictions regarding patenting, testing to ensure safety and efficacy, and marketing.  With billions of dollars at stake, it is no surprise that few industries see more litigation.

    Program Chair & Moderator:
    Jason Leung
    Director, Ridout & Maybee LLP

    Panelists:
    Shahan Islam
    Senior Corporate Counsel, Pfizer Inc.

    Sandra Leung
    General Counsel & Corporate Secretary, Bristol-Myers Squibb Co.

    Sapna Palla
    Counsel, Kaye Scholer LLP

    Hae-Won Min Liao
    Partner, Sidley Austin LLP

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