This panel will include an interactive discussion among attorneys who have litigated issues arising from IP transactions and in-house IP counsel involved in transactions and will focus on practical tips for balancing litigation risk while getting the deal done. Topics will include case law updates on the scope of the attorney-client privilege, including the common interest privilege, in the context of deals; how to ensure you have standing to enforce the patent rights you licensed or acquired; what to consider in negotiating indemnification and venue selection clauses; and how to mitigate the contamination and disclosures risks to your IP when sharing confidential information during negotiations.
Moderator:
Barbara Fiacco, Partner, Co-Chair of Intellectual Property Department, and Co-Chair of Patent, Trade Secrets, and Related Rights Litigation Practice, Foley Hoag LLP
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