Ethical Considerations in Negotiating Licensing Agreements - IIPLA

Ethical Considerations in Negotiating Licensing Agreements

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About Course

About the Course:

Ethical Standards in Licensing Agreements: Webinar Review

This webinar offers an in-depth review of ethical standards that impact nearly every aspect of negotiating licensing agreements. Key issues covered include:

– Attorney Conduct Checks: Learn how to discover if your attorney has faced censure or reprimand for unethical conduct.
– Jurisdictional Ethical Standards: Understand which jurisdiction’s ethical standards apply when negotiating licensing agreements.
– Managing Potential Conflicts: Explore how lawyers should handle potential conflicts in their engagements.
– Attorney Competence Standards: Review the standards of competence required for attorneys representing clients.
– Authority Allocation: Examine how to allocate authority between client and attorney.
– Communication Ethics: Delve into ethical communication practices between attorneys and their opponents, as well as opposing counsel.
– Creative Fee Structuring Limits: Understand the ethical limitations on creativity in structuring fees.
– Material Facts Statements: Identify which types of statements are or are not considered statements of material facts.

Critical Questions Answered:

– What are a lawyer’s obligations to report another lawyer charging inappropriate fees?
– What disclosures must in-house counsel make when providing business versus legal advice?
– Can a lawyer ethically initiate litigation to exhaust an opponent’s legal budget at a client’s request?
– Do lawyers have an obligation to report favorable errors in draft agreements prepared by opposing counsel?
– Can a lawyer engage in negotiations to delay an opponent’s product launch or conduct competitive intelligence?
– What provisions should accompany granting a lawyer the authority to negotiate on behalf of a client?
– When can a licensing lawyer accept contingency payments or receive fees from the opposing side?
– How can a lawyer terminate representation without prejudicing the client’s position?

Course Leader: Ira Jay Levy, Partner, Goodwin Procter LLC

Ira Levy is a partner in Goodwin Procter’s Litigation Department and a member of its Intellectual Property Practice. His extensive practice includes litigation of patent, trademark, copyright, false advertising, and related matters across various industries and technical disciplines. Mr. Levy has significant experience in biotechnology, pharmaceuticals, chemistry, electronics, computers, telecommunications, mechanical devices, industrial and consumer products, the Internet, new media, and e-commerce.

He has handled numerous trials in federal and state courts nationwide and practiced before the U.S. Court of Appeals for the Federal Circuit, the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board, the World Intellectual Property Organization’s arbitration board, and the National Advertising Division of the Council of Better Business Bureau. Beyond litigation, Mr. Levy advises clients on corporate matters involving intellectual property and the Internet, as well as transactional due diligence.

Course Length:** Approx. 1.5 hours

By attending this webinar, you’ll gain critical insights into maintaining ethical standards in licensing agreements, ensuring your practices are both legally sound and ethically robust. Don’t miss the opportunity to enhance your knowledge and safeguard your legal and business interests.

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