November 2007

The Nominating Committee, appointed by Section Chair Pamela Banner Krupka, welcomes suggestions of members for nominees for the offices of Chair-Elect, Vice Chair, Secretary, Financial Officer, Section Delegate to the ABA House of Delegates (term expiring in 2011), and four new members of Council for four-year terms expiring in 2012. In addition, nomination will be made for the newly created office of Publications Officer (pending ABA Board of Governors review and approval and vote of the Section). Under the Section Bylaws, Gordon Arnold will automatically assume the office of Section Chair on September 1, 2008.

The nominees will be voted on at the Section’s business meeting, Saturday, August 9, 2008, at the ABA Annual Meeting at the Waldorf-Astoria Hotel in New York City.

Please contact the Chair or any member of the Nominating Committee, set forth below, before December 31, 2007 with your suggestions:

William L. LaFuze, Chair
Vinson & Elkins
1001 Fannin Street
2300 First City Tower Building
Houston, TX 77002-6760
Fax: 713-615-5317

E. Anthony Figg
Rothwell, Figg, Ernst & Manbeck, PC
Suite 800
1425 K Street, NW
Washington DC 20005
Fax: 202-783-6031

Cynthia E. Kernick
Reed Smith LLP
435 Sixth Avenue
Pittsburgh, PA  15219-1809
Fax: 412-288-3063

Theodore H. Davis, Jr.
Kilpatrick Stockton LLP
Suite 2800
1100 Peachtree Street, N.E.
Atlanta, GA  30309-4530
Fax: 404-541-3172

Mark Whitaker
Howrey LLP
1299 Pennsylvania Ave., N.W.
Washington, DC  20004
Fax: 202-318-8732


Nominations Being Considered For Division And Committee Chairs

Section Chair-Elect Gordon Arnold is currently considering applications and nominations for division and committee chair appointments. A recommendation form for these positions can be found on the Section web-site, along with complete information on procedure. All current division and committee chairs are invited to make recommendations, including placing their own names forward, for these positions. To make a recommendation, visit


ABA-IPL to Sponsor CLE Programming at ABA Mid-Year Meeting in
Los Angeles

All Section members are invited to attend two Section-sponsored CLE program sessions to be held in conjunction with the ABA Mid-Year Meeting in Los Angeles, on Saturday, February 9. To attend, you must register for the ABA Mid-Year Meeting, however, there is no fee for registration, and no additional fee to attend these program sessions. To register for the ABA Mid-Year Meeting, visit the ABA Mid-Year Meeting website at:

Watch the Section website for further program details as they become available.

8:30 – 11:45 a.m.
Entertainment, Copyright and Trademark Law

Protection of Entertainment IP in the Digital Age
This panel will address the convergence of entertainment and technology and associated legal issues, high tech Internet and other upcoming modes of content delivery (YouTube, My Space, Napster) and the legal challenges of protecting content in this environment, including the role of the Digital Millennium Copyright Act. Speakers will include a panel of in-house entertainment lawyers in addition to firm practitioners.

“Fun” IP Issues in Entertainment Law
This program will include a panel of entertainment practitioners discussing interesting trademark and copyright situations that they have encountered, including idea submission, right of publicity, and fair use topics.

1:45 – 5:00 p.m.
IP and Business
Moderators: Adriana Luedke, Dorsey & Whitney LLP, Minneapolis, MN, and Cecilia Dickson, Jones Day, Pittsburgh, PA

Session I: IP Boot Camp: Required Basic Training for All Business Lawyers

  • Trademarks – Natalie Hanlon-Leh, Faegre & Benson LLP, Denver, CO
  • Copyrights – TBA
  • Patents – Gordon Arnold, Arnold & Associates, Houston, TX
  • When your IP Isn’t Protectable By Copyright, Patent or Trademark Law –  Kenneth Adamo, Jones Day, Pittsburgh, PA

Session II: Advanced Training: Valuation of Intellectual Property

  • IP Ownership and Licensing
  • IP and Tax Planning
  • Royalties- the do’s and dont’s
  • Effect of Bankruptcy on IP


In addition to the above Section-sponsored CLE programs, the Section will also co-sponsor a program produced by the ABA Young Lawyers Division, on Friday, February 8:

9:45 a.m. – 10:45 a.m.
Can Attorneys Go Undercover: Ethical Issues in Intellectual Property Pretext Investigations
Co-sponsored by the ABA Center for Professional Responsibility, ABA Section of Intellectual Property Law and the ABA Section of Science and Technology Law (Ethics CLE)

This program will focus on the ethical issues involved with using deception to detect and stop wrongdoing, especially in the intellectual property area. This panel will address the following questions:

  • Can a lawyer personally misrepresent himself to a target or can such misrepresentations only be performed by investigators and other proxies?
  • Are the rules governing attorney behavior context-specific?
  • Do the ethical rules only apply to lawyers “acting as lawyers” in the context of litigation or transactional negotiation, but not when lawyers are acting as fact-finders or investigators?
  • Are the intellectual property infringement investigations simply a long-standing exception to the normal rules, like testing for civil rights compliance?

ABA Section of Intellectual Property Law 2008 Conferences … Make your plans now!

23rd Annual - IPL Conference

More than just continuing legal education … a unique IP experience

Mark your calendar and watch for complete conference and
registration information on our website as it becomes available

23rd Annual Intellectual Property Law Conference
April 10-12, 2008
Crystal Gateway Marriott Hotel
Arlington, Virginia

ABA Annual Meeting & IPL Section Programs
August 7-12, 2008
Waldorf-Astoria Hotel
New York, NY