Ethical Considerations in Negotiating Licensing Agreements



About the Course:

This session provides a thorough review of ethical standards affecting virtually all aspects of negotiating licensing agreements. Issues addressed during this webinar include:

  • How to discover if your attorney has been censured or reprimanded for unethical conduct.
  • Determining which jurisdictions ethical standards are to be applied when negotiating licensing agreements.
  • How lawyers should contend with potential conflicts in their engagements.
  • Standards of attorney competence in representing clients.
  • Allocating authority between client and attorney.
  • Communication between attorney and opponent as well as between attorney and opposing counsel.
  • Ethical limitations on creativity in terms of structuring fees.
  • Which types of statements are / are not deemed to be statements of material facts.

If you don’t know how the answers to questions such as those below, you really should listen to this webinar.

  • What are a lawyer’s obligations to report another lawyer charging inappropriate fees?
  • Which disclosures are an in-house counselor required to make when rendering business versus legal advice?
  • At the request of a client, can a lawyer ethically initiate litigation for the purpose of exhausting the opponent’s legal budget?
  • Do lawyers have an obligation to report errors favorable to their clients in draft agreements prepared by opposing counsel?
  • Can a lawyer engage in negotiations when the real purpose of the negotiations is to cause the opponent to delay introducing a product? When the real purpose is to conduct competitive intelligence?
  • What provisions should accompany granting a lawyer authority to negotiate on behalf of the client?
  • When can a licensing lawyer accept contingency payments? Receive fees from the opposing side?
  • How can a lawyer terminate his representation of a client without prejudicing the client’s position?

Course LeaderIra 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 practice focuses on the litigation of patent, trademark, copyright, false advertising and related matters for a wide array of industries and in a variety of technical disciplines. Mr. Levy has extensive experience with disputes involving biotechnology, pharmaceuticals and chemistry; electronics, computers and telecommunications; mechanical devices; industrial and consumer products; and the Internet, new media and e-commerce.

Mr. Levy has handled numerous bench and jury trials in federal and state courts nationwide. He also has significant experience practicing 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. In addition to his litigation work, Mr. Levy works closely with the firm’s Business Law Practice counseling clients on general corporate matters involving intellectual property and the Internet, as well as transactional due diligence.

Course Length: Approx. 1.5 hours

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