IP Assets and Infringement Claims: Insurance Coverage Considerations

What IP Counsel Must Know to Protect Assets and Defend Against Claims

This program has been cancelled

A live 90-minute CLE webinar with interactive Q&A


Wednesday, January 30, 2019 (in 6 days)

1:00pm-2:30pm EST, 10:00am-11:30am PST


This CLE webinar will guide IP counsel on the key elements of insurance to protect IP assets and defend against infringement claims. The panel will outline best practices—and potential pitfalls—for IP counsel drafting insurance clauses in IP agreements.

Description

As a company or client's IP assets grow in value, IP attorneys must anticipate the emerging risks and have a thorough understanding of the insurance safety net available to protect those assets.

IP litigation presents opportunities for transfer of risk and many insurance issues. IP counsel must carefully examine counterclaims in infringement suits that may trigger insurance coverage. Counsel also needs to understand how and decide whether to allege facts that will trigger coverage.

Listen as our authoritative panel of IP attorneys examines critical elements, such as the scope of coverage, the scope of advertising injury coverage, coverage for infringement claims, and insurers' indemnity obligations. The panel will discuss strategies and potential pitfalls when drafting insurance clauses in IP agreements to protect the company's IP interests.

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Outline

  1. Coverage for trademark or copyright infringement
    1. Types of IP claims most likely to trigger coverage
  2. Key element for coverage
    1. Scope of coverage
    2. Scope of advertising injury coverage
    3. Exclusions and limitations
    4. Obligation to defense
    5. Reservation of rights
    6. Policy interpretation
    7. Forum selection and choice of law
  3. Court treatment
  4. Best practices
    1. Strategies for drafting insurance clauses
    2. Common pitfalls and how to avoid them

Benefits

The panel will review these and other notable questions:

  • What are the conflicts of interest triggered when counsel defends a claim under a reservation of rights?
  • What claims asserted in litigation might implicate the opposing party's right to a defense and indemnity covered by its insurance?
  • How can thorough knowledge of insurance coverage aid counsel to IP owners/licensors in reallocating risks arising from licensing activities?

Faculty

Chesler, Robert
Robert D. Chesler

Shareholder
Anderson Kill

Mr. Chesler represents policyholders in a broad variety of coverage claims against their insurers and advises companies...  |  Read More

O’Brien, Michael
Michael O'Brien

Atty
The Law Office of Michael O'Brien

Mr. O’Brien is a registered patent attorney who has drafted hundreds of patent applications for individual...  |  Read More