2022 DRI Business Litigation and Intellectual Property Litigation Super Conference

March 21-23, 2022 | Houston, Texas

2022 DRI Business Litigation and IP Super Conference

Join DRI Business Litigation and IP Litigation Attorneys in Houston!

Renowned in-house counsel from NASA, the FBI, and Fortune 500 companies, as well as judges, and trial attorneys from across the country will meet in Houston, Texas, March 21-23, 2022 for the 2022 DRI Business Litigation and Intellectual Property Litigation Super Conference. Along with cutting-edge and timely topical presentations, the conference offers a wonderful opportunity to reconnect, network with industry counsel and preeminent attorneys, and hear two keynotes: “The Rewards of Building Meaningful Relationships” and “Challenges of Being a Transgender High Profile Trial Attorney.” You’ll also be able to attend breakout sessions in the areas of cybersecurity/data breach, class actions, government enforcement/corporate compliance, and more.

View registration information here, and make sure to register by February 4 for the best pricing!

What You Will Learn:

  • The law of space from a NASA attorney and updates on commercialization of low Earth orbit
  • What are NFTs? What are the IP implications?
  • Tips from a pastor and an IP attorney on how to avoid copyright pitfalls when livestreaming events
  • The intersection of intellectual property law and race
  • The effect of the recent NCAA v. Alston ruling on your favorite college sports team/athletes
  • The importance of building meaningful relationships in a diverse, global world
  • Class Actions: (1) The effect of TransUnion v. Ramirez on absent class member standing; (2) Current issues on global class action funding; and (3) the latest on the TCPA class action 'minefield'
  • Cybersecurity and Data Privacy: Practical tips to an effective cybersecurity compliance; preparing your business for the growing ransomware threat
  • Government Enforcement: Tips for a compliance ‘tune-up’ and maintenance
  • Business Contracts and Torts: (1) Practical application of force majeure provisions in commercial leases; and (2) Tips on when M&A brokers must register as securities broker-dealers
  • Pretrial Practice: Learn the importance of telling a “story” throughout the pretrial process

Expand Your Network By:

  • TBD

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Thank You to DRI's Commercial Litigation and Intellectual Property Leadership

Liam E. Felsen
Liam E. Felsen, Ph.D.
Business Litigation Program Chair
Peter A. Lauricella
Peter A. Lauricella
Business Litigation Committee Vice Chair
Todd Presnell
Todd Presnell
Business Litigation Law Institute
G. Warren Bleeker
G. Warren Bleeker
IP Litigation Program Chair
Crystal T. Broughan
Crystal T. Broughan
IP Litigation Program Vice Chair
Eileen Hintz Rumfelt
Eileen Hintz Rumfelt
IP Litigation Committee Chair
Brian K. Brookey
Brian K. Brookey
IP Litigation Committee Vice Chair
M. Re Knack
M. Re Knack
IP Litigation Law Institute

Join the Commercial Litigation Committee

Join the IP Litigation Committee

Registration Information

EARLY REGISTRATION*
DRI Member Pricing: $995
Non-Member Pricing: $1,295

REGULAR REGISTRATION*
DRI Member Pricing: $1,295
Non-Member Pricing: $1,595

GOVERNMENT MEMBER
Early Bird Pricing: $695
Regular Pricing: $995

Register by February 4, 2022 to receive the early registration rate.

*If your membership recently lapsed, please renew your membership prior to registering to ensure you receive your discounted member rate.

Register Now

Agenda with Speakers

*Schedule and Speakers subject to change

Sunday, March 20, 2022

Time (Central) Session Description
7:00 p.m. Intellectual Property Litigation Dinner and Networking Event (On your Own)

Monday, March 21, 2022

Time (Central) Session Description
9:30 a.m. Business Litigation Committee Steering Committee Meeting
9:30 a.m. Intellectual Property Litigation Committee Steering Committee Meeting
11:30 a.m. Copyright, Trademark, Patent, Trade Secret, and Right of Publicity SLG Dine Around Lunches
12:00 p.m. Registration
1:00 p.m. DRI Cares Event

Small Group Networking Events
1:00–4:15 p.m. Young Lawyers Breakouts
1:00 p.m. Handling Experts at Trial

Expert opinion evidence is key in many civil cases. Because of its significance—whether related to issues of liability or damages—effective preparation and direct examination of your expert witness, as well as a strong cross-examination of an opposing party’s expert, are often essential to succeed in any case. This discussion will address best practices involved in each step, from retaining your expert to conducting effective examinations.

Sean Burke, Duane Morris LLP, Washington, D.C.
2:00 p.m. Strategies for Taking & Defending Remote Depositions

While COVID-19’s long-term effects on the practice of law remain to be seen, one adjustment that seems destined to stay is the remote deposition. Initially considered a temporary measure to adjust to a socially-distanced society, remote depositions are becoming more commonplace as firms and clients alike seek to contain discovery costs. This presentation will focus on strategies for planning and taking remote depositions, including when such depositions may be appropriate, and how they present opportunities and challenges that differ from traditional in-person examinations.

Brian Fishman, Partridge Snow & Hahn LLP, Boston, MA
3:00 p.m. Refreshment Break
3:15 p.m. ESI Discovery in Complex Litigation

Young lawyers often experience their first taste of responsibility in discovery, whether through managing the process as the leader of a team or spearheading document collection and review individually. In complex litigation cases, this can mean dealing with dozens of custodians and potentially millions of documents. This discussion will present an overview of best practices in maintaining, collecting, and managing document production and review in these cases, with additional tips on how to protect the data privacy of both clients and lawyers alike.

Steven Scoggan, Ellis & Winters LLP, Greensboro, NC
4:15 p.m. Developments in COVID-19 Litigation

Even as the COVID-19 pandemic recedes, litigation arising from pandemic-related restrictions and disputes will take years to make its way through the judicial system. In many cases, these claims will combine a mix of classic legal concepts with novel situations and fact patterns that challenge courts and practitioners alike. This presentation will focus on emerging trends in COVID-19 litigation and how they impact business clients, with topics ranging from wrongful death and personal injury claims against companies for COVID-19 exposure, to contract disputes arising from pandemic-related disruptions, to proposed legislative responses.

Denis Alia, Cetrulo LLP, Boston, MA
6:00 p.m. Networking Reception
7:30 p.m. Dine-Arounds

Join colleagues and friends at selected restaurants for dinner (on your own).
7:30 p.m. Young Lawyers' Dinner (On your Own)

Tuesday, March 22, 2022

Time (Central) Session Description
6:30 a.m. DRI For Life
7:00 a.m. Registration and Continental Breakfast
8:00 a.m. Welcome and Introduction

Liam E. Felsen, Frost Brown Todd LLC, Louisville, KY
G. Warren Bleeker, Lewis Roca, Los Angeles, CA
M. Re Knack, Law Institute
Todd Presnell, Law Institute
8:15 a.m. NCAA v. Alston: How The Recent Supreme Court Ruling Has Transformed College Sports

This will be a joint panel session discussing the numerous legal implications, including antitrust and right of publicity, for student-athletes and educational institutions stemming from the recent Supreme Court decision. Learn from a sports lawyer who represents student athletes and an IP attorney regarding right of publicity issues.

Luke A. Fedlam, Porter Wright Morris & Arthur LLP, Columbus, OH
Thomas J. (T.J.) Mihill, Owen Gleaton Egan Jones & Sweeney LLP, Atlanta, GA
9:15 a.m. KEYNOTE: “The Rewards of Building Meaningful Relationships”

In a coffee chat session, C.E. Rhodes, Frost Bank Group Executive Vice President, General Counsel & Corporate Secretary, will discuss how his focus on developing and maintaining relationships has rewarded him throughout his career. Prior to joining Frost, C.E. was both a litigator and transactional attorney, practiced at large law firms and international companies, and lived abroad. Thus, C.E. can provide a global perspective on mentorship and relationships.

C.E. Rhodes, Frost Bank, Houston, TX
10:15 a.m. Refreshment Break
10:45–11:45 a.m. Business Litigation & IP Litigation Breakouts
Business Litigation: Transunion v. Ramirez and Absent Class Member Standing

In TransUnion v. Ramirez, the Supreme Court reiterated that the Constitution prevents uninjured plaintiffs from suing in federal court. The decision is a ringing endorsement of the principle announced five years earlier in Spokeo, Inc. v. Robins that Article III requires that injuries be “real” and “concrete,” and that a mere statutory violation, standing alone, is not enough to sue. Significantly, TransUnion makes clear that these standing requirements apply to absent class members as well, and that federal courts cannot award damages to absent class members who lack standing. The presentation will discuss the impact of TransUnion on class action litigation, including how defendants can invoke TransUnion to oppose class certification on standing grounds and how the plaintiffs’ bar might seek to adapt to TransUnion.

Archis Parasharami, Mayer Brown, Washington, D.C.
IP Litigation: What is Space Law?

Lead NASA attorney for the International Space Station will discuss the law of space and touch upon recent developments in commercialization of low Earth orbit and NASA’s future exploration plans.

Rebecca Bresnik, NASA Senior Counsel, Houston, TX
11:45 a.m. Lunch (On your Own)

Women's Networking Lunch

Antitrust, Consumer Protection, and Distributorship SLG Lunch

Financial Services Litigation SLG Lunch
1:30 p.m. Class Action, Government Enforcement, and Cybersecurity/Data Breach & Intellectual Property Litigation Breakouts

For more details, click on the "Class Action & IP Breakouts (Tuesday)" tab.
5:00 p.m. IP Litigation Committee Business Meeting

Commercial Litigation Committee Business Meeting
6:30 p.m. Networking Reception
7:30 p.m. Dine-Arounds

Join colleagues and friends at selected restaurants for dinner (on your own).

Wednesday, March 23, 2022

Time (Central) Session Description
6:30 a.m. DRI For Life
7:30 a.m. Registration and Continental Breakfast
8:20 a.m. Welcome and Introduction

Crystal T. Broughan, Marks Gray, P.A., Jacksonville, FL
Shannon M. Bell, Kelly Law Partners LLC, Denver, CO
8:30 a.m. KEYNOTE: “Challenges of Being a Transgender High Profile Trial Attorney”

High profile trial attorney D.J. Healey, the subject of the recent documentary “Our dad, Danielle,” shares her groundbreaking story of coming out as a trans woman, and how coming out has changed her practice as she now fights for trans rights in the heart of Texas.

D.J. Healey, Fish & Richardson, Houston, TX
9:30 a.m.–1:00 p.m. Business Litigation & IP Litigation Breakouts

For more details, click on the "Business Litigation & IP Litigation Breakouts (Wednesday)" tab.
1:00 p.m. Adjourn

Class Action & IP Breakouts (Tuesday 1:30–5:00 p.m.)

Class Action, Government Enforcement, and Cybersecurity/Data Breach

Time (Central) Session Description
1:30 p.m. Global Class Action and Litigation Funding: What Your Clients Need to Know About Canadian and Australian Class Actions

If your clients operate outside the U.S., they need to know about class action proceedings to defend in foreign jurisdictions. Hear from two highly experienced class action lawyers from Canada and Australia, who will give you an overview of the class action practice in their jurisdictions and how it varies from the US, as well as practical insights that will be invaluable to your clients.

Jason Betts, Herbert Smith Freehills LLP, Sydney, Australia
Steven Rosenhek, Fasken Martineau DuMoulin LLP, Ontario, Canada

Practical Application of Force Majeure Provisions

Most formal contracts include force majeure provisions, allowing for the termination or suspension of contractual obligations when force majeure events arise. During the pandemic, parties to contracts tested the limits of force majeure terms, especially in the commercial real estate field. In this session, we will hear from a commercial real estate/developer how it dealt with such provisions during the pandemic.

Bradley L. Hendrix, CBL Properties, Chattanooga, TN
Tier Allender, CBL Properties, Houston, TX
Michael K. Alston, Husch Blackwell LLP, Chattanooga, TN
2:30 p.m. New Defenses, New Risks: The Latest on the TCPA Minefield and What it Means For Your Communications with Consumers

The past year brought significant changes to the laws restricting automated calls and texts to consumers. What has not changed is the tenacity of a plaintiffs’ bar that depends on TCPA class actions for huge settlements and fees. Aided by professional TCPA plaintiffs, the plaintiffs’ bar continue to file suits on a daily basis that threaten potentially ruinous statutory damage liability for businesses that use telephone calls, texts or faxes to reach customers and prospects. Two skilled TCPA litigators will bring us up to date on the latest developments in the never-ending tug of war between businesses, regulators and among different courts over issues such as what constitutes an auto-dialer, what constitutes valid consent to be called, faxed or texted, and whether businesses have any safe harbor from TCPA liability. They will analyze the Supreme Court’s Facebook ruling narrowing TCPA liability by restricting the definition of covered auto-dialers, explain how plaintiffs’ lawyers have mined footnotes in the opinion looking for loopholes, how lower courts have interpreted the ruling, and how state and federal legislators have responded. They will discuss Florida’s amended telemarketing law looking to undo the Facebook ruling. They will explore litigation-defense strategies honed for the current situation and provide updated compliance tips that may reduce the risk that your company will find itself named as the defendant in the latest TCPA mega-suit.

Bradley J. Andreozzi, Faegre Drinker Biddle & Reath, Chicago, IL
Marsha Indych, Faegre Drinker Biddle & Reath, Chicago, IL

Checking Under the Hood: Time for a Compliance Tune-Up

Despite the general turmoil that has taken place during the world-wide pandemic, the Department of Justice and the various agencies who examine and regulate a variety of industries have not taken any time off. A good compliance program is more than just a plan, it is a plan that evolves and adapts to change. Our panel will discuss the need to update your compliance program and to make sure that yearly training occurs at all levels of the company.

David Weinstein, Jones Walker LLP, Miami, FL
3:30 p.m. Refreshment Break
4:00 p.m. When Do M&A Brokers Need To Register As Securities Broker-Dealers?

On a daily basis, non-public companies across the U.S. are hiring outside professionals – consultants, investment bankers, attorneys, etc. – to help them raise money, locate investors, sell business units, and arrange all sorts of different types and sizes of mergers and acquisitions transactions. According to some judges and commentators, these professionals are operating a “vast gray market of securities brokerage” that is in fact illegal. This presentation will provide an overview of the statutes, SEC guidance, and recent case law regarding when M&A broker-dealers are required to register as securities broker-dealers. This discussion should prove valuable to any attorney who has ever litigated a dispute arising out of any effort to raise money, find investors, or close the purchase or sale of a business.

Andrew Dennington, Conn Kavanaugh Rosenthal Peisch & Ford, LLP, Boston, MA

Practical Tips to an Effective Cybersecurity Compliance

This panel of experts will share their perspective on cyber from the eyes of a responder and litigator. They will discuss the tried and true methods for enlisting the front-line defense of employees and vendors, shoring up the potential access points, and ensuring that all of the important players are working together for a solid defense against cybersecurity breaches.

Amy Mushahwar, Alston & Bird, Washington, D.C.

Intellectual Property Litigation

Time (Central) Session Description
1:30 p.m. Cross-Border Trademark Use: Limitations and Restrictions

Cross-border trademark use and the trademark rights generated by such use are not always clear cut. Learn how recent trademark decisions imposing limitations and restrictions on cross-border trademark rights affect our clients’ rights.

Peter Henein, Cozen O’Connor, Toronto, Canada
2:30 p.m. Livestream Without Violating Copyright Laws

Livestreaming events became the norm during the past year and a half at work, school, church, and everywhere else. Most livestreaming includes transmission of copyrighted materials. Learn from a panel including a pastor and a copyright attorney who discuss how to avoid the copyright pitfalls of livestreaming.

David Gurwin, Buchanan Ingersoll Rooney, Pittsburgh, PA
Rev. Amy Wagner, Pittsburgh, PA
3:30 p.m. Refreshment Break
4:00 p.m. What IP Litigators Need to Know About Patent Prosecution History

A full and complete understanding of the prosecution history of a patent can make or break your (non)infringement or (in)validity arguments. IP litigators will learn best practices for teaming up with patent prosecutors to understand everything lurking in the prosecution history.

Carey Jordan, Vorys, Sater, Seymour & Pease, Houston, TX

Business Litigation & IP Litigation (Wednesday 9:30 a.m.–1:00 p.m.)

Business Litigation

Time (Central) Session Description
9:30 a.m. “The Importance of “Story” Throughout the Pretrial Process”

A trial litigator, a prominent Houston district judge, and a third-party expert will explore the study of “Story,” from initial contact with the client, through discovery, and into pretrial motions, including dispositive motions.

Joseph “Tad” Halbach, District Judge (retired), Houston, TX
Stacy Moon, Gordon Rees Scully Mansukhani, Birmingham, AL
Anthony Mitan, SEA, Maryland Heights, MO
10:30 a.m. Refreshment Break
11:00 a.m. Key Leadership Issues for Preparing Your Business for the Growing Ransomware Threat

The C-Suite, in-house lawyers, outside counsel, as well as a company's/firm's employees are subject to a growing ransomware threat to their confidential data in their computers, mobile devices, and information systems used. These threats can range from broad-brush e-mail phishing scams to targeted social engineering attacks, as well as sophisticated attacks on a firm's network resulting in intrusion into the firm and its confidential data or personal identifiable information that it possesses. Businesses must have an incident response team and plan in place to help anticipate, guard against, contain, and recover from a ransomware attack, as well as understand the legal implication to the same. This program discusses the applicable statutory and regulatory standards and framework within which business are operating, as well as trends in litigation and insurance coverage disputes, to help educate lawyers and business leaders about these dangerous threats and the implications of the same. The program also discusses how to safeguard against the growing ransomware threat through incident response planning, their legal obligations when a breach occurs, and the potential legal consequences to violating state and/or federal law, as well as any applicable governmental regulations and advisories in effect regarding the payment of a ransomware demand to a bad actor.

Bill Repasky, Frost Brown Todd LLC, Louisville, KY
Stephen Oates, FBI, Louisville, KY
12:00 p.m. Relationships with In-House Counsel in Post-COVID World

A panel of in-house counsel will discuss the impact of COVID on their relationships with outside counsel. Discussion will include topics such as the use of virtual technology; the changing structure of business travel; the use of technology for making pitches (whether they like this approach, how it was done, whether it was successful); the use of webinars versus in-person training; and how outside counsel can best help them navigate this new world together.

Joni Ogle, Pioneer Energy, Houston, TX
Meredith Bishop, Enbridge, Houston, TX
Kelli Gunter, NRG Energy, Houston, TX

Intellectual Property Litigation

Time (Central) Session Description
9:30 a.m. NFTs—What Are They? Are There IP Issues I Should Know About?

NFTs, or non-fungible tokens, are one-of-a-kind assets in the digital world that can be collected, bought, and sold. Hear a collector and creator of NFTs, who also happens to be an IP attorney, discuss the ins and outs of NFTs and the IP issues implicated by their creation and sale.

Tony Guo, Esq., Houston, TX
10:30 a.m. Refreshment Break
11:00 a.m. Critical Race IP: The Intersection of Race and IP

Critical Race Theory (CRT) studies the role of race and racism in society and originated in the legal academy. Dean Keller will discuss the implications of the laws of copyright, trademark, patent, right of publicity, trade secret, and unfair competition in a manner that draws upon CRT.

Dean Deidre Keller, Florida A&M College of Law, Orlando, FL
12:00 p.m. $1 Billion Trade Secret Battle: A Case Study

Session description forthcoming.

Young-Han Lee, Dentons, Seoul, South Korea

Hotel and Travel Information

A limited number of discounted hotel rooms have been made available at the Hyatt Regency Houston, 1200 Louisiana Street, Houston, TX 77002. Take advantage of the group rate of $209.00 Single/Double in one of two ways:

The hotel block is limited and rooms and rates are available on a first-come, first-served basis. You must make reservations by February 21, 2022 to be eligible for the hotel’s group rate. Requests for reservations made after that date are subject to room and rate availability. A small portion of your room rate offsets the costs of the seminar.

Travel Discounts: DRI is pleased to announce that discounted air fares are available on various major air carriers for DRI seminar attendees. To receive these discounts, please contact Direct Travel Ltd., DRI’s official travel provider, at 800.840.0908. If you would like to have access to the DRI online travel booking tool, you must complete a Business Travel Profile form at www.dt.com. Within 24 business hours, you will receive information on accessing the system.

CLE Information

CLE Grid coming soon.

Sponsors

DRI's Business Litigation and Intellectual Property Litigation Super Conference is proudly sponsored by:

Frost Brown Todd Attorneys LLC

If you would like to contact DRI about seminar sponsorship opportunities, including pricing, or to reserve a spot, please go to Advertising and Sponsorship.

DRI Cares

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Event Terms

Read the Event Terms, including DRI’s risk-free registration policy

In-House Counsel and Claims Executives Initiatives

Read the In-House Counsel and Claims Executives Initiatives for DRI Seminars

Contact Us

If you have any questions or concerns regarding DRI programs, please contact DRI Customer Service at 312.795.1101 or custservice@dri.org.