Intellectual Property Law Section 2022 Annual Meeting

New York State Bar Association 

2022 Annual Meeting

Intellectual Property Law Section 

This program is transitional and is suitable for all attorneys including those newly admitted.

9:00 a.m. – 9:10 a.m.          Welcome and Introduction

Speakers: 

Michael A. Oropallo, Esq., Barclay Damon LLP

Leonie Huang, Esq., Holland & Knight LLP

9:10 a.m. – 10:00 a.m.         Ethics for IP Lawyers: What’s New and What’s On The Horizon

As the legal profession continues to evolve, lawyers and law firms are attempting to navigate their ethical obligations with this changing landscape. For example, what is the current state of the law on practicing remotely from a jurisdiction where a lawyer is not admitted? What are the current disciplinary and malpractice risks for IP practitioners? Are states becoming more open to the idea of business ventures between lawyers and nonlawyers? This program will address these issues and others that are facing IP practitioners today.

Speakers: 

Tyler Maulsby, Esq., Frankfurt Kurnit Klein & Selz PC

Elizabeth Tuttle Newman, Esq., Frankfurt Kurnit Klein & Selz PC 

1.0 Credit in Ethics and Professionalism

10:00 a.m. – 10:10 a.m.       Break

10:10 a.m. – 11:00 a.m.        Implementation of the Trademark Modernization Act of 2020 and Key TM Updates for 2022

The Trademark Modernization Act, passed in 2020, recently went into full implementation and effect in December 2021. Non-fungible tokens (NFTs), designs, and trademarks in the metaverse have drawn intense interest from all sides. This panel will discuss key developments and considerations in trademark law, including the major changes resulting from the Trademark Modernization Act and its recent implementation, as well as trademarks and their place in the digital world. 

Moderator: 

William Samuels, Esq., Warshaw Burstein, LLP 

Speakers:

Theodore H. Davis Jr., Esq., Kilpatrick Townsend & Stockton LLP

Kristin Garris, Esq., Warshaw Burstein, LLP

1.0 Credit in Areas of Professional Practice

11:00 a.m. - 11:10 a.m.        Break

11:10 a.m. – 12:00 p.m.        The Rise of E-Commerce: Hot Topics in Advertising and IP      

This panel will discuss key advertising and IP issues applicable to online retailers and content providers, particularly e-commerce companies and live streaming services operating on a subscription model. The session will cover topics including automatic renewal practices, online promotions including loyalty, sweepstakes and gift cards, text message marketing and charitable solicitations. In addition, the panel will discuss IP issues relevant to the use of influencers, NFTs and other unique online engagement opportunities.

Speakers:

Paavana L. Kumar, Esq., Davis+Gilbert LLC

Marietta Jo, Esq., Senior Counsel, Marketing & Commercial, Etsy

Marie Funel, Esq., Chief Legal Officer, Femtech Health 

1.0 Credit in Areas of Professional Practice

12:00 p.m. – 12:05 p.m.        Break

12:05 p.m. – 12:55 p.m.        Computer-Generated Persons (“Deepfakes”) and the Law: Can False Advertising, Publicity, and Privacy Laws Respond to the Challenges Posed by Fabricated Media?

We are constantly bombarded by misinformation, disinformation, scams, and false advertising. Technology is now so advanced that we will soon have to worry whether the people we see on television and in internet videos are real individuals or computer-generated “deepfakes.” This program will discuss legal issues and challenges surrounding deepfakes, and how false advertising, publicity, and privacy laws can respond to fabricated media.

Speaker: 

Richard Z. Lehv. Esq., Fross Zelnick Lehrman & Zissu, P.C.

1.0 Credit in Areas of Professional Practice

12:55 p.m. – 1:00 p.m.         Closing Remarks

Speaker: 

Michael A. Oropallo, Esq., Barclay Damon LLP

Intellectual Property Law Section Chair

Michael A. Oropallo, Esq., Barclay Damon LLP, New York, NY

Program Chair: 

Leonie Huang, Esq., Holland & Knight LLP, New York, NY