On March 14, 2017, CincyIP welcomes Matthew D. Lawless and Joshua A. Chowdhury, both of The Procter & Gamble Co., who will speak on the law of transferring personal data outside of the European Union.

Mr. Lawless and Mr. Chowdhury will start with an overview of the EU Data Protection Directive’s requirements regarding lawful transfers, including its derogations and an analysis of the original three lawful data transfer methods: standard contractual clauses, the U.S. / EU Safe Harbor, and binding corporate rules.  They will then explain the successful legal challenge to the Safe Harbor program in 2015.  They will finish by discussing the future of EU data transfers under the U.S. / EU Privacy Shield, the upcoming General Data Protection Regulation, and continuing legal challenges.

1.0 hour CLE available

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About the Speakers

Matthew Lawless is an attorney in Procter & Gamble’s Global Privacy, Cybersecurity, and Information Technology Law group.  He advises clients with respect to consumer and “big data” projects, negotiates privacy contracts, and leads P&G’s privacy compliance and training programs.

Mr. Lawless also serves as an adjunct professor of law at the Northern Kentucky University Chase College of Law, the University of Dayton School of Law, and the University of Cincinnati College of Law, where he teaches courses in information privacy. He frequently speaks and writes on law and technology topics, and has presented most recently on privacy in the internet of things, standing in data breach litigation, and privacy issues in electronic discovery at the ANA/BAA Marketing Law Conference, the CincyBrand conference, the OSBA Annual Midwest Labor and Employment Law Seminar, and the Northern Kentucky University Cybersecurity Symposium.

Prior to joining P&G, Mr. Lawless worked in private practice and was a law clerk for judges on the United States District Court for the Western District of Kentucky and the United States Court of Appeals for the Sixth Circuit. He is a graduate of the Cincinnati Academy of Leadership for Lawyers and has been recognized as an Ohio Super Lawyers “Rising Star.” He holds the CIPP/E, CIPM, CIPP/US, and FIP credentials from the International Association of Privacy Professionals, and is a 2016-2018 co-chair of the IAPP’s Cincinnati KnowledgeNet.

Mr. Lawless received his B.A. from Michigan State University, M.A. from Texas Tech University, and J.D. from the Indiana University Maurer School of Law – Bloomington.

Joshua Chowdhury is an attorney in Procter & Gamble’s Global Privacy, Cybersecurity, and Information Technology Law group. He advises clients on privacy and information security risks in enterprise services agreements, counsels on employee privacy matters, and serves on P&G’s incident response team.

Mr. Chowdhury received his B.A. from the University of Virginia and his J.D. from the University of North Carolina at Chapel Hill.

On February 21st, Ken Germain and Glenn Bellamy, both of Wood Herron & Evans, LLP, will discuss how courts labor to apply trade dress and utility patent concepts in difficult cases that call into question the relationship between these two forms of intellectual property.

Federal courts at all levels – including the Supreme Court in landmark cases decided early in the 21^st Century (Wal-Mart, 2000; TrafFix, 2001) – have struggled to define, then delineate, what constitutes valid/protectable “product design trade dress.” This task encompasses concepts of distinctiveness (via “secondary meaning”) and non-functionality, the latter presenting difficult legal and factual determinations.   Those courts also have grappled with concerns about how patent law protections might preclude separate trade dress protection for “designs” (including color combinations and product configurations) that often qualify as registered and/or unregistered trademarks.

After refreshing recollections of these particular issues, trademark lawyer/professor Ken Germain will summarize relevant Circuit Court cases from the most recent few years.  Then, Mr. Germain and Mr. Bellamy, a patent attorney, will discuss the specific issues they are facing in their roles as prospective expert witnesses in a pending federal case focusing on color combination/configuration of goods.

1.0 hour CLE available.

REGISTER HERE

About the Speakers

Ken Germain has more than 40 years of varied experience in the trademark/unfair competition field and is a former full-time law professor. He focuses his practice on trademark counseling, consulting and litigation, including Early Neutral Evaluation. Ken is often retained as an expert witness on issues relating to trademarks and unfair competition, working on cases involving some of the nation’s largest companies in high-stakes, cutting-edge cases. He has testified in court over 15 times.

Ken served as an Adjunct Professor at the University of Cincinnati College of Law for a number of years, teaching trademark/unfair competition courses. Later, Ken served as the Distinguished Professorial Practitioner in the University of Dayton Law School’s Program in Law and Technology. Later, after serving as the Distinguished Senior Fellow in connection with the Law + Informatics program of the NKU Chase School of Law, Ken resumed his position at the University of Dayton.

Glenn Bellamy is a Partner at with more than two and a half decades of intellectual property litigation, patent and trademark prosecution, and U.S. Customs enforcement experience, first in Seattle and now in Cincinnati. He counsels clients on strategic plans for managing, enforcing, and defending global portfolios of patent and trademark rights relating to everything from firearms and hydraulic machinery to biomedical devices and optics to toys and games. Glenn has litigated trademark, patent, and publishing cases throughout the country in federal courts, arbitration, and before the International Trade Commission. Glenn, his wife Renée, and two children live near Loveland, Ohio.