2017 McDermott International Seminar in Tokyo

Overview


Marunouchi Hall & Conference Square
Marubiru 2-4-1 Marunouchi, Chiyoda-ku,
Tokyo, 100-6307 Japan

Day 1 Archived presentation binder can be found here.

Day 2 Archived presentation binder can be found here.
Topic 1: What Are the Most Important Patent Issues for Japanese Companies to Understand in 2017?

A survey across Asia, Europe and the United States of matters of critical importance to companies obtaining, managing, licensing, selling and litigating patents

  • How is the Supreme Court of the United States shaping the value of patents in the United States?
  • What are the effects of the US post-grant review system on global patent portfolios and monetization strategies?
  • What, if any, impact will Brexit have on patent strategies in Europe, and how might this affect the unitary patent system?
  • What will be the long-term effects of the sharp increase of patenting in China?
  • Will we ever reach harmony in patent laws across the world?
  • And other topics that will be timely for patent prosecutors, managers and litigators

Topic 2: A 360° Look at Post-Grant Proceedings in the United States

The impact of post-grant proceedings on the Patent Trial and Appeal Board (PTAB), the courts and the Patent Examining Corps

  • How does the post-grant timeline affect court and patent examination timelines? Who goes first?
  • What is the scope of post-grant estoppel? How and when is it applied at the US Patent and Trademark Office (USPTO) and the courts?
  • Can secondary considerations win the case? How can necessary evidence be obtained?
  • Claim amendments in post-grant review—real or imaginary? Who bears the burden? What are the alternatives?
  • And other late-breaking topics

January 26:

Workshop 1: Transfer Pricing

  • Determining appropriate transfer pricing arrangements
  • Documenting transfer pricing arrangements
  • Substantive aspects of G-20/Organisation for Economic Co-operation and Development (OECD) project on base erosion & profit shifting (BEPS)
    • Intangible property
    • Location savings
    • Marketing intangibles
    • Risk allocation
  • Information sharing aspects of G-20/OECD project on BEPS
  • BEPS implementation/impact with focus on Japan and United States
  • Transfer pricing enforcement
    • Impact of tax treaties
    • Advance approval of transfer pricing arrangements (bilateral and unilateral)
    • Resolving transfer pricing cases pursuant to Japan-US Income Tax Treaty
  • Impact of Trump administration on transfer pricing and international tax planning

Plenary Session 1: Implications of Trump Administration for US Trade and Regulatory Policy

  • US – Japan trade policy outlook
    • Early predictions about US–Japan trade policy
    • U.S. trade agreements with Asia
    • Other US free trade agreements
    • World Trade Organization (WTO) initiatives
    • Tax approach to imports and exports
  • US regulatory policy and opportunities for investment
    • Energy and environmental policies
    • Infrastructure investment

Workshop 2: Information Technology (IT) Integration

  • Why IT integration is important to capture value expected from the M&A deal
  • How to build the right team and game plan for IT integration
  • IT integration challenges and best practices
  • Key IT representatives/warranties and diligence topics
  • Transition services agreements challenges and best practices

Workshop 3: International M&A

United States

  • Developments in M&A techniques (e.g., M&A insurance solutions)
  • Directors liability
  • Regulatory environment for M&A after the US elections
  • Different approach to key-deal terms in the United States and Europe

Europe

  • Recent M&A developments in Europe
    • Foreign investment controls
    • Recent developments with respect to merger control
    • Impact of European-specific legislation such as works council, Transfer of Undertakings (Protection of Employment) (TUPE) and data privacy
    • Corporate governance and directors liabilities in European Companies

China

  • China’s M&A development — inbound investment
  • Dealing with China counterparties
  • Challenges and opportunities in M&A transactions in China
  • Investigations/litigation

Workshop 4: Data Privacy

  • The changing landscape of international data protection regulations, including the new EU General Data Protection Regulation (GDPR) and new law in Asian countries
  • Implications of a Trump administration on privacy and cybersecurity regulation and enforcement
  • Ensuring timely compliance with the GDPR for data flows from the European Union to Japan
  • Legal considerations for implementing business strategies involving the use of valuable data assets
  • Interaction of data privacy compliance with other corporate compliance programs: the case of internal whistleblower reporting.

CLE credit is pending in California, Illinois, New York and Texas. A Uniform Certificate of Attendance will be made available to participants requesting CLE credit in all other states.