6th Annual Symposium on Employee Non-Compete Agreements, Confidential Information, and the Uniform Trade Secrets Act

09/16/2014
It has been argued that employee non-compete agreements (NCA’s), in addition to being unfair, have hurt innovation and enterprise creation in Massachusetts. Advocates for the status quo insist that the NCA’s are strictly scrutinized and necessary for the protection of confidential information of employers. The 188th General Court Senate overwhelmingly approved an economic development bill that included both a BBA-tweaked version of the 48-states-adopted Uniform Trade Secrets Act and a compromise mechanism to discourage overreaching employee NCA’s. These provisions were “held in conference.” In the BBA’s sixth summer symposium on these issues, legislators, administrators and lawyers advocating or advising on reform will provide an overview of recent developments and issues going forward. Arguments will be made for the status quo. There will be opportunity for attendee questions and presentation of views. ...
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Trade Dress Developments and the Diary of a “Wimpy” Struggle for Shelf-Space

09/10/2014 - 12:00PM to 1:00PM
Hear from Paul Sennott, who will specifically discuss the function and value of trade dress protection in the publishing world, informed by his own experiences representing Jeff Kinney and his "Diary of a Wimpy Kid" series of children’s books....
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Trade Secrets and Employee Non-Compete Agreements Recent Legislation: What Next?

08/11/2014 - 4:30PM to 6:30PM
A much publicized legislative provision to reform the law of employee non-compete agreements and a provision to enact the Uniform Trade Secrets Act (“UTSA” in a version “tweaked” by the BBA) were passed overwhelmingly by the state senate in the Economic Development bill, S.2241, but were held in conference from the H.4181 enacted by the General Court July 30, 2014. Two days earlier, the Supreme Judicial Court affirmed LightLab Imaging v. Axsun Technologies in which a lower court decision to deny a permanent injunction for trade secret misappropriation arguably was made on the 1939 Restatement (First) of Torts rather than the UTSA-1995 Restatement (Third) of Unfair Competition formulation of trade secret law. Please join us for a debriefing on the legislation and recent litigation by some of the players and participate in a preliminary evaluation of whether the BBA-tweaked UTSA needs further adjustment or a return to the Official Text. ...
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Sports Law Roundtable Featuring Sports Illustrated's Michael McCann: The Donald Sterling Controversy

08/08/2014 - 12:00PM to 2:00PM
Sports Illustrated's Michael McCann leads a panel of sports law experts to discuss the Donald Sterling controversy and the legal, business and ethical issues relating to his impending ouster from the NBA. The efforts to remove Mr. Sterling from the NBA touch upon many different areas of law, including the right to privacy, constitutional law, antitrust law, contract law, tax law, probate law, the rules of evidence, and the extent to which the courts will review the decisions of private associations like the NBA. Join us for a wide-ranging discussion on Donald Sterling and the many issues that his saga poses for the law, business and ethics of sports....
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The FBI Speaks Out: Economic Espionage and Protecting Trade Secrets

07/30/2014 - 3:00PM to 7:00PM
Trade secret thefts, both domestic and international, cost U.S. companies billions of dollars per year. Over 85 percent of trade secret thefts involve employees and business partners. It is imperative to put a trade secret protection program in place. The FBI will show you why and how....
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The Basics of Patent Damages

06/12/2014 - 12:00 PM to 01:00 PM
This one-hour session will provide the basics on patent infringement damages......
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CLE - Latest Developments in Intellectual Property Law at the Supreme Court

06/04/2014
Attend this CLE to learn about the Court’s current and upcoming intellectual property-related docket in depth, and will discuss the effects of this blockbuster IP term in various industries, including especially the life sciences, pharmaceutical, and high-tech sectors. ...
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Keeping the Internet “Open” – Net Neutrality, the Telecommunications Act, and the FCC

06/03/2014 - 12:30 PM to 01:30 PM
After the DC Circuit Court of Appeals rejected the Federal Communication Commission’s 2010 Open Internet Order, the FCC explores new ways to enforce and promote net neutrality or an “open internet.” This brown bag will discuss the current landscape regarding net neutrality under the Telecommunications Act and recent FCC rule-making activities as well as stakeholder’s reactions to the proposed “open internet” rules....
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E-Books: Copyright, Licensing, and Contracts

05/29/2014 - 12:00 PM to 01:00 PM
In the past, the law surrounding publications has evolved in accordance with copyright. Now, the marketplace and technology, specifically in the world of e-books, are evolving even faster. Copyright has been replaced, in a way, with contract and licensing norms evolving from the software industry, making any copyright issues far from settled. This program provides a brief overview of the blend of copyright law, licensing, and contract through the "e-book lens."...
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Intellectual Property Basics Workshop: Copyright Fundamentals

05/20/2014 - 05:00PM to 08:00PM
The third in the IP Basics Workshop Series, this workshop will focus on the fundamentals of copyright litigation, including: Copyright creation and registration Protection of copyrights Licensing (e.g., work-for-hire agreements) Copyright infringement, defenses, and fair use Take down letters Safe harbor protection...
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Canadian Copyright Law in Evolution: What US Practitioners Need to Know

05/19/2014 - 12:00PM to 1:00PM
Canadian copyright law is changing. In the past two years, a new act was adopted, introducing many controversial new provisions, and the Supreme Court of Canada rendered 6 important decisions. Yes, 2012-2013 were big years. For better and for worse. Attorney Lamothe-Samson will discuss what every US practitioner should know about Canadian copyright law, while drawing parallels and distinctions with US copyright law. Topics include:...
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CLE - Meet the Privacy Officers

05/16/2014 - 12:30PM to 1:30PM
Come spend the morning with this thoughtful, active group of Privacy Officers including Commissioner, Julie Brill of the U.S. Federal Trade Commission. You will hear about the challenges they face, how they spend their days and what they think about the future of privacy. You also will learn the latest in hot topics such as the “internet of things”, emerging issues in geolocation tracking and cybersecurity, and how their companies leverage the mobile ecosystem....
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Antitrust Counter-Attacks in Patent Litigation

05/15/2014 - 12:00 PM to 01:00 PM
This program will discuss the interplay between patent law and antitrust laws. In certain cases, clients involved patent lawsuits have use antitrust counter-attacks to their advantage. This program will discuss the types of antitrust counterclaims brought in patent suits and the use of antitrust concepts to change the narrative of a patent litigation. The presenter will also describe the practical aspects of coordinating patent and antitrust litigation and the strategic decisions litigants confront....
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Brain Gain or Brain Drain? Immigration Issues for Technology Businesses

05/15/2014 - 12:00 PM to 01:00 PM
Immigration issues create unique problems for businesses based on developing technologies. U.S. universities and related resources foster a confluence of creative individuals from all over the world, which often spills over into new business ventures. This program addresses ways to navigate immigration laws, which can create obstacles for businesses that rely on talented founders and other employees who face challenges to remaining and working in the U.S....
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ABA CLE Program: The Changing Face of Patent Litigation

05/09/2014 - 11:00 AM to 06:00 PM
Presented by the ABA Section of Litigation Intellectual Property Litigation Committee and the Boston Bar Association's Intellectual Property Section. In the past year, some of the most wide-reaching changes to the patent system in decades have been made by Congress, by the Supreme Court, and by the Federal Circuit. This program will address the impact of those changes on patent litigation practices, particularly as they relate to two of the major industries in the New England area, namely, biotechnology and the electronics/software industries....
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Intellectual Property Basics Workshop: Filing and Prosecuting a Federal Trademark Application

04/24/2014 - 12:00PM to 01:00PM
The second in the IP Basics Series, this workshop will focus on filing and prosecuting trademarks...
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IP Strategies for a 3D Printable World

04/22/2014 - 12:30PM to 1:30PM
3D printing is shaping up to be a significant emerging technology that that will force us to rethink many aspects of Intellectual Property. This program will provide an overview of the state of additive manufacturing technologies, their applications, and the business environments in which they thrive. It will also look at the legal implications of this new technology and possible strategies for protect IP in a world where the line between the physical and the digital is becoming increasingly blurred....
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CLE - Managing Mismanagement: Fraud, Misconduct, and Conflicts of Interest in the Research Realm

04/17/2014
Allegations converning fraud, misconduct, and conflicts of interest in connection with grants and clinical research frequently surface in the news. Such events can not only result in sanctions and lasting harm for the reputations of institutions and individual researchers; dealing with these issues costs time and money. Our panel of experts will examine the latest cases concerning fraud and misconduct, how to prevent them, and how to deal with them when they do occur....
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Protecting Trade Secrets in the Age of Social Media

04/17/2014 - 12:00 PM to 01:00 PM
While most employers today have implemented social media policies that govern such things as if and when employees may access social media during the workday and appropriate uses thereof, but many companies fall short in protecting their trade secrets and customer relationships or goodwill. Employees, especially younger ones, may unwittingly put their employers at risk simply by connecting with customers and/or vendors on LinkedIn, or by boasting about their latest achievements on Facebook or Twitter. Or they may be using social media intentionally to solicit customers or employees after termination. This program will address how employers can recognize and mitigate these risks without overreaching and subjecting themselves to liability. ...
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Museum Law in a Digital World

04/10/2014 - 12:00 PM to 01:00 PM
Our presenter will discuss issues such as the permissibility of the use of images of objects, copyright clearances, use of names and likenesses, termination of copyright transfers and merchandise licensing....
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Boston Bar Association Chess Night

04/01/2014 - 12:30 PM to 01:30 PM
Please join the Intellectual Property Law Section for a fun and social evening of chess at the BBA. Appetizers, beer, and wine will be available. This program is co-sponsored by the Boylston Chess Foundation. ...
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Film and Television Production - Legal Issues and Recent WGBH Projects

04/01/2014 - 12:00PM to 1:00PM
WGBH Deputy General Counsel Jay Fialkov will share his vast knowledge about the acquisition, production, and distribution of television and film programming, using examples from current projects at WGBH. ...
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CLE - Hot Topics in Trade Secrets and Restrictive Covenants

03/20/2014
Representatives from the bench and bar will discuss the latest developments in the law of trade secrets and restrictive covenants in Massachusetts, including the implications of pending legislation that would adopt the Uniform Trade Secrets Act and create statutory standards for restrictive covenants in Massachusetts....
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Global Data Breach Notifications and Management

03/20/2014 - 12:00 PM to 01:00 PM
Data breaches in the US may contain foreign resident data, such as in large credit card breaches. Understanding what to do next is important. Here is what will be addressed: Examples where breaches contain foreign resident data; breach notification obligations in other countries beyond the US, in Europe and other countries; how to decide when and whom to notify in foreign breaches; what laws or rules apply to these notifications; what are the content requirements or forms of notification in other countries; what data protection or other authorities require notices? ...
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Obviousness in the US: Establishing Non-Obviousness in the Context of Site-Specific DNA Recombination

03/18/2014 - 12:00 PM to 01:00 PM
Kristin A. Connarn (McDermott Will & Emery, Boston), a partner in the Intellectual Property Prosecution, Transaction and Strategy practice group, will discuss the recent Federal Circuit decision in Institut Pasteur et al. v. Focarino and considerations for establishing nonobviousness in the context of site-specific DNA recombination...
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Intellectual Property Basics Workshop: Licensing Agreements

03/17/2014 - 04:00PM to 07:00PM
The first in the IP Basics Workshop Series, this workshop will focus on licensing agreements across the various IP fields....
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Prospects of IP Assertion in the US International Trade Commission

03/06/2014 - 12:00 PM to 01:00 PM
The US International Trade Commission (USITC), in its executive role of protecting American industry, has evolved as an intellectual property enforcement forum. With American companies shifting much of their manufacturing abroad and off-shore companies establishing operations in the US, it is not unusual that a domestic industry petitioner in one proceeding is a respondent importer in another....
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Providing Legal Assistance to Artists and Cultural Organizations

03/05/2014 - 12:00 PM to 01:30 PM
This interactive discussion will prepare you to accept pro bono cases from Volunteer Lawyers for the Arts and will also help you to build a client base in the arts community. Topics will include:...
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Standards, Patents and Antitrust

02/26/2014 - 12:30 PM to 01:30 PM
This session will feature a litigator and economist discussing key issues from several recent antitrust cases from the District of Massachusetts, the First Circuit and other federal courts around the country involving industry standards and intellectual property....
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Drivers of Cleantech Innovation: Policy, Capital, and IP

02/11/2014 - 12:30PM to 01:30PM
Massachusetts has been perennially named the #2 state for cleantech (after our perennially #1 West Coast cousins). During this roundtable program, two lawyers engaged in the local cleantech economy will lead a discussion on the policy, business, and legal issues driving cleantech innovation....
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The Promise and Peril of "Big Data"

01/27/2014 - 04:30 PM to 06:00 PM
Our panelists will encourage us to think about whether current legal constructs (e.g., notions of privacy and liberty) are adequate to confront Big Data issues, or whether new constructs need to be developed. We will also explore the potential benefits of using Big Data to address social problems....
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Unmasking the Anonymous Hacker: What to Do if Your Client's Data Security Is Breached by an Anonymous Hacker

01/24/2014 - 12:00 PM to 01:00 PM
This roundtable addresses what to do when an anonymous hacker or other defendant uses the anonymity of the internet to damage your client, whether to propagate damaging information a simple libel or through the theft and disclosure of valuable trade secrets....
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What Every Estate Planner Should Know About Copyright Law, the Right of Termination and Royalties

01/23/2014 - 12:30 PM to 01:30 PM
The 1978 revision to the copyright law granted authors, artists, songwriters, and other such creators the right to terminate any transfers or assignments of rights after 35 years. This session will provide a brief introduction to copyright law, the right of termination, and how to avoid problems when representing artistic client....
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The Disappearing Model Orders: Limitations on e-Discovery, Claims and Prior Art in Patent Cases

01/22/2014 - 12:00 PM to 01:00 PM
Without attempting to speculate (too much) on why the Model Orders disappear, this program will review the Model Orders and summarize the impact they have had on individual cases and the Local Rules adopted by the district courts....
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Patent Troll Remediation: Taking the "P" Out of "IP" Part III?

01/16/2014 - 12:00 PM to 01:00 PM
The Innovation Act may be in place by the time of this brown bag roundtable. In any case, Stephen Y. Chow, Partner, Burns & Levinson LLP, will provide briefing of its provisions – which include a partial reversal of the "American Rule" of litigants paying their own costs, restrictions on pleading and discovery and further extensions of patent-opposer "rights" in the new administrative proceedings....
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CLE - 14th Annual Intellectual Property Year In Review

01/09/2014
Join us for the biggest BBA Intellectual Property event of the year! Learn what you need to know about the most important intellectual property cases and legislation of 2013. This program offers insight that is straight and to-the-point right from those in the know! ...
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Intellectual Property Licensing in the Shadow of Bankruptcy

12/19/2013 - 12:00 PM to 01:00 PM
Licensees of intellectual property under custom software licenses, pharmaceutical collaboration agreements, trademark licenses under franchise agreements and other types of licenses often make considerable investment relying on performance of the licensor. Bankruptcy of the licensor can result in serious negative consequences for licensees....
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CLE - An Insider’s View of False Advertising Disputes – from the FTC, NAD, and In-house Counsel

12/18/2013
As advertising has shifted from traditional media like print, television, and radio to newer media -- namely digital and social media, the opportunities for advertisers to run afoul of established guidelines have increased. This program will provide practical guidance to in-house and outside counsel to help avoid allegations of false advertising and, if faced with such allegations, to effectively defend against them. ...
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Prior Art Masterpieces: Key Prior Art in Computer Science

12/10/2013 - 12:30 PM to 01:30 PM
Prior Art is central to patent litigation and finding the right piece of art in computer science can be a difficult assignment. Mr. Hicks will identify several key pieces of prior art in computer science, review several case studies of the prior art in the computer software and electrical engineering patent space. Mr. Hicks will also opine on best practices in conducting function-and system-oriented prior art searches in computer-patent matters....
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A Best Practices Guide for Corporate Use of Social Media

12/03/2013 - 12:00 PM to 01:00 PM
We will be providing a guide for corporate use of social media, including a discussion of potential misuses of social media either by a company or by competitors, fans, customers, or other third parties, and the legal basis for taking action to remedy such misuses. We will also consider legal grounds for taking action as well as practical ways to address these issues short of litigation, and discuss practical consequences of these remedies. We will include recent examples from the news and lead a discussion and Q&A of examples the attendees may have....
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Protecting Against Counterfeit Goods: Practical solutions that Work Abroad

12/02/2013 - 04:00 PM to 06:00 PM
This program will explore how the practical difficulties of combating counterfeiting have contributed to a slowly-shifting legal landscape where intermediaries such as online marketplaces, search engines, payment processors, and advertisers are shouldering increasing responsibility to avoid trafficking in counterfeit materials. In addition to discussing the impact of some of the landmark contributory infringement cases such as Tiffany v. eBay and Viacom v. YouTube/Google, the program will look at other tools available to combat counterfeiting, such as prejudgment asset restraints and the broad remedial measures courts have been willing to impose on counterfeiters in recent years....
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Corporate Investigations and Background Checks

11/19/2013 - 12:00 PM to 01:00 PM
Confronted with the growing menace of insider breaches, cyber-attacks and fraud, organizations are constructing robust incident response strategies that detect, identify, and direct how an investigation should proceed. Hear two former US Prosecutors share their experience and expertise in conducting meaningful internal investigations using proven techniques and behavioral analysis within the bounds of the FCRA and Global Privacy and Data Security Laws. Our experts will be available to offer insights and answer questions on effective internal investigation management....
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FDA Process and Due Diligence Tips For Plain Old Corporate Lawyers

11/14/2013 - 12:30 PM to 01:30 PM
If you feel mystified by FDA processes, and don't know the high-level diligence questions to ask about drug development and medical device approvals, come hear two industry pros explain the ins and outs of these processes....
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Oracle v. Google: Are APIs Copyrightable?

11/13/2013 - 12:00 PM to 01:00 PM
Given the pervasive use of application programming interfaces (APIs) in the software industry, the extent to which APIs are protected by copyright law is of great interest and importance to the industry and copyright lawyers. The issue was faced squarely in Oracle v. Google, a case tried in the Northern District of California in 2012, and now on appeal to the Court of Appeals for the Federal Circuit. This program will review the district court decision and the issues on appeal in the context of the broader question of copyright protection for computer code....
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Post-Grant Proceedings: What We Have Learned from the First Year

11/12/2013 - 12:00 PM to 01:00 PM
This program will go over lessons learned over the course of the first year of post-grant proceedings before the Patent Trials and Appeal board. It will cover the topics from both the petitioner's and patent owner's perspectives, going over changes that have occurred, strategies that have and haven't worked, etc. The program will also include real-world stories from the speakers experience working on covered-business method post-grant reviews and inter partes reviews....
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Patent-Eligible Subject Matter in the US-- Genes and Diagnostics: A Myriad of Issues in Biotech IP

11/07/2013 - 12:00 PM to 01:00 PM
Laura A. Coruzzi, a member of the Jones Day team that twice argued the Association for Molecular Pathology v. Myriad Genetics case at the Court of Appeals for the Federal Circuit and at the U.S. Supreme Court, will discuss recent Supreme Court decisions under Section 101, along with what the Mayo Collaborative Services v. Prometheus Laboratories, Inc. and Myriad patent-eligibility standards mean for the future of patent law in the field of personalized medicine....
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Crowdfunding: Successful Campaigns and Budgeting

10/21/2013 - 12:00 PM to 01:00 PM
Crowdfunding has become a popular way for artists to raise money for their work. Berklee professor Peter Alhadeff and musician/Berklee professor Mitch Haupers for first-hand advice about launching and managing successful crowdfunding campaign....
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A Short Course in European Patent Drafting and Prosecution for the US Practitioner

10/16/2013 - 12:00 PM to 01:00 PM
This lunch program will address what every US patent attorney should know about the drafting of patent applications for eventual prosecution in Europe. Our speaker, an experienced EPA from one of Europe’s leading biotech hubs, the Medicon Valley (Eastern Denmark and southern Sweden) will guide you through a recommended strategy for drafting and prosecuting European applications. He will also provide an update on the future Unified Patent Court and Unitary Patent to come into effect. ...
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Effectively Communicating Data Security & Privacy Risks Within Your Company And To Your Clients

10/11/2013 - 12:00 PM to 01:00 PM
Merely listing out the horror stories of financial woes and reputational damage resulting from data breaches does not seem to be enough to cause people to accurately assess the risks from events that improperly disclose private information. For this brown bag lunch, we will have an interactive roundtable discussion on strategies for conveying data security and privacy risks in order to have greater impact....
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Unpaid Internships: Mitigating Risk and Alternatives

10/11/2013 - 12:00 PM to 01:00 PM
Entertainment companies traditionally have experienced the most problems related to unpaid internships. Join Mandy Petrillo from the Red Sox and Scott Connolly of Morse Barnes-Brown Pendleton PC for a discussion about avoiding pitfalls when hosting unpaid interns and alternative arrangements....
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Art Disputes: Who Owns International Artifacts?

09/25/2013 - 12:00 PM to 01:00 PM
Join us for a discussion of recent developments involving the ownership of cultural property, and the implications of these developments for art institutions....
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