Law Seminars International Presents: An Advanced One-Day Seminar on

Departing Employees and Intellectual Property
Strategies for protecting key corporate assets

(For this past program, we offer two options for purchase: a Homestudy (DVD and written materials) or written materials alone.)

May 20, 2009
The Westin Seattle Hotel in Seattle, WA

Who Should Order This Homestudy

In-house and private practice attorneys, human resource professionals, CIOs and all intellectual property professionals

Why Order

Intellectual property comprises the most significant asset for the majority of companies in the Pacific Northwest. These intellectual property assets are conceived, perfected and protected by the people working for these companies. Not only are employees the caretakers of this vital corporate asset, they also are the face of a company to its customers, suppliers and partners.

While it has always been important to understand the legal rules governing the creation, ownership, and use of a company's intellectual property, the importance is heightened by the current economic upheaval. Today's employers face the familiar threat of employees leaving to work for competitors, and a new threat created by the large number of involuntary layoffs resulting from the economic downturn. Both recently dismissed employees and those voluntarily leaving for competitors are motivated to demonstrate their value to new or potential employers, and this puts intellectual property assets at risk. What are the basic rules and the implications under current economic circumstances?

Our distinguished panel of leading counselors in this area will explain the complex legal framework and recommended best practices from both an in-house and outside counsel perspective. The mix -- of in-house lawyers from some of the region's top technology companies with outside counsel from firms regularly involved with cutting edge issues in these areas -- insures a unique learning opportunity.

~ Fred Green, Esq., and Jeffrey C. Johnson, Esq., Program Co-Chairs

What You Will Learn

What Attendees Said


Wednesday, May 20, 2009

8:00 am

Registration and Continental Breakfast

8:30 am

Introduction and Overview

Fred Green, Esq., Program Co-Chair, In-House Counsel
Microsoft Corporation / Redmond, WA

Jeffrey C. Johnson, Esq., Program Co-Chair
K&L Gates LLP / Seattle, WA

8:45 am

What's at Stake: Lessons from High Profile Cases from Around the Country

Raiding, individual defections, and mass migrations; causes of action (patent, copyright, and trademark infringement, trade secret misappropriation, unfair competition)

James R. Dickens, Esq.
Miller Nash LLP / Seattle, WA

9:30 am

Effective Security Measures for Maintaining Trade Secrets

Best practices for preserving confidentiality of proprietary information; structures and processes for limiting access; what to do after the resignation or termination notice; intellectual property issues in managing layoffs

Paul W. Leuzzi, Esq., Chief Intellectual Property Counsel
Weyerhaeuser Company / Federal Way, WA

10:15 am


10:30 am

Who Owns What After the Departure

Post-termination assignment obligations; patent ownership in the absence of an express assignment; work made for hire; shop rights and trade secret rights

Linda Norman, Esq., Associate General Counsel
Microsoft Corporation / Redmond, WA

Pitfalls and opportunities with abandoned research

Robert W. Payne, Esq.
LaRiviere, Grubman & Payne, LLP / Monterey, CA

12:00 pm

Lunch (on your own)

1:15 pm

Human Resources and the Departing Employee

Effect of prosecuting former employees on your current employees & of disputes on your potential hiring market; practices to help manage legal risks with departing employees or hiring new employees from other companies; pros & cons of criminal referrals

Liam Lavery, Esq., General Counsel / Seattle, WA

Jeffrey C. Johnson, Esq., Program Co-Chair
K&L Gates LLP / Seattle, WA

Fred Green, Esq., Program Co-Chair
Microsoft Corporation / Redmond, WA

2:45 pm

Non-Competes and Post-Employment Non-Solicitation Provisions

Update on recent cases; common problematic situations and strategies for dealing with them

Kelby D. Fletcher, Esq.
Peterson Young Putra / Seattle, WA

3:15 pm


3:30 pm

Update on Aspects of Employment Agreements Relating to Intellectual Property

Key IP provisions in employment agreements; employee rights in absence of written agreement; requirements of RCW 49.44.140 and multi-state employers; limits on confidentiality clauses; requiring or modifying an agreement; wrongful termination issues

Mark H. Wittow, Esq.
K&L Gates LLP / Seattle, WA

Andrew Moriarty, Esq.
Perkins Coie LLP / Seattle, WA

4:30 pm

Issues Between the Departed Employee and the Employee's New Employer

Exit interviews; contacting the new employer; intellectual property audits; inevitable disclosure doctrine

Christopher B. Wells, Esq.
Lane Powell PC / Seattle, WA

5:00 pm

Evaluations and Adjourn



There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders

Continuing Education Credits

This program qualifies for 6.5 WA CLE credits. Upon request, we will apply for CLE credits in other states and other types of credits.


Our complete Homestudy Course, consisting of a DVD recording and the written course materials, is available for $905. The binder or searchable CD of the written course materials is available for $100. We will ship your Homestudy order via UPS ground within two weeks after the seminar or from the date we receive payment.
Order Homestudy

Faculty Bios

Fred Green, Program Co-Chair, is In-House Counsel at Microsoft Corporation, supporting the Human Resources Department. He focuses on employment related issues, including working with clients to develop practical solutions to complex employment related intellectual property and employee mobility issues.

Jeffrey C. Johnson, Program Co-Chair, partner at K&L Gates LLP, is a trial lawyer and client counselor who focuses on intellectual property, employee mobility and other areas of complex commercial litigation. He was named a "Super Lawyer" by Washington Law & Politics.

James R. Dickens, partner at Miller Nash LLP, focuses on labor and employment litigation and represents employers in employment discrimination and wrongful-discharge litigation, along with other employment related matters. He is a Fellow of the College of Labor and Employment Lawyers and was named a "Washington Super Lawyer" by Washington Law & Politics and listed in The Best Lawyers in America.

Kelby D. Fletcher, partner at Peterson Young Putra, focuses on litigation and negotiation of employment issues and is an experienced arbitrator and mediator. He is listed in The Best Lawyers in America and named a "Super Lawyer" by Washington Law and Politics.

Liam Lavery, General Counsel at, is responsible for all legal functions as well as human resources. Previously he was a partner at Preston Gates & Ellis LLP, where he focused on technology transactions and business law.

Paul W. Leuzzi, Chief Intellectual Property Counsel and Assistant General Counsel at Weyerhaeuser Company, provides advice on patents, trade secrets, trademarks, copyrights, licensing and related legal issues in the area of intellectual property law. He is President of the Washington State Patent Law Association.

Andrew Moriarty, partner at Perkins Coie LLP in the Labor & Employment practice, focuses on litigation and arbitration involving statutory and common-law labor and employment claims; tort claims, including defamation, tortious interference, misappropriation of trade secrets; and contract claims involving noncompete, nonsolicitation, and other employment and collective bargaining agreements. He was named a "Rising Star" by Washington Law & Politics.

Linda Norman, Associate General Counsel at Microsoft Corporation, supervises litigation, including non-patent intellectual property cases and also regularly consults on trade secret issues. Previously she was a partner at McDonald & Quackenbush, P.S. where her practice emphasized civil litigation including intellectual property matters.

Robert W. Payne, partner of LaRiviere, Grubman & Payne, LLP, focuses on intellectual property litigation and licensing. He is Vice Chair of the Patent Litigation Committee of the American Intellectual Property Law Association. Previously he was Chair of the Executive Committee of the Intellectual Property Section of the State Bar of California.

Christopher B. Wells, shareholder at Lane Powell PC and Head of the Securities Broker Dealer Industry Team, focuses on commercial litigation specializing in securities, business fraud, intellectual property, employment contract and commercial disputes, corporate and partnership duties, professional liability, and multi-district class actions. He has represented many clients in legal disputes arising from an employer recruiting from a competitor.

Mark H. Wittow, partner at K&L Gates LLP, focuses on intellectual property and technology transactions and counseling including the acquisition, development, licensing, marketing and distribution of computer-related technologies, media content and other intellectual property, electronic commerce and technology issues.