8:00 a.m. – 4:30 p.m., S.J. Quinney Moot Courtroom (Level 6), S.J. Quinney College of Law, University of Utah This Symposium seeks to explore the longstanding question of how law and legal institutions impact entrepreneurial activities. More specifically, we plan to focus on how innovations in intellectual property law and securities law are shaping the modern face of entrepreneurship and entrepreneurial capital raising. The Symposium will bring together lawyers and legal academics working in the area, as well as venture capitalists, entrepreneurs, and business scholars. We hope the Symposium sparks a dialogue among these groups, better enabling academics to incorporate the state-of-the-art in entrepreneurship into their scholarship and practitioners to incorporate theoretical and empirical insights from academic research into their work.
5 hours CLE (pending). This event is free and open to the public.
8:00 a.m. – Registration, Sign In, and Continental Breakfast
9:00 – 10:15 a.m. – Panel 1: Entrepreneurship and Intellectual Property: Partnership or Precarious Pairing?
Robin Feldman, Michael Burstein, Eric Paulsen, Amelia Rinehart (moderator)
This panel will focus on the complicated relationship between entrepreneurship and intellectual property protection.
How do entrepreneurs manage innovation, intellectual property protection, and capital raising in light of complex and changing legal doctrines? Do entrepreneurs need more IP protection or less? How relevant is an IP asset portfolio to a start-up’s decision-making when it comes to raising capital and/or choosing an IPO, acquisition, or private equity models for sustenance? With respect to patent law, in particular, what roles do non-practicing entities play in decisions made by entrepreneurs who own patents? How do universities navigate this space with limited resources to encourage faculty entrepreneurs while still protecting important IP assets?
10:30 – 11:45 a.m. – Panel 2: Corporate and Securities Law: Enabling or Disabling Entrepreneurship
Jack Boren,John Coyle, Christine Hurt, Jeff Steele, Jeff Schwartz (moderator)
This panel will consider the extent to which corporate and securities laws facilitate or hinder entrepreneurial activities. Among other things, it will consider whether securities laws in the entrepreneurial space strike the right balance between capital raising and investor protection or if this is a false dichotomy. The panel will also discuss the most significant changes and innovations in early-stage capital raising and the extent to which these have been driven by changes to legal requirements.
This panel discussion will highlight recent prominent U.S. patent law changes that increasingly impact entrepreneurs and their decisions related to patent protection.
What long-term innovation ecosystem impacts will come from any or all these important cases from the past ten years: eBay, KSR, MedImmune, Quanta, Stanford v. Roche, Global Tech, Mayo, Myriad, Actavis, Octane Fitness/Highmark, Nautilus, Akamai, Alice, and Teva? If patent law is in a state of flux, how can innovators react and protect their investments wisely without undue risk?
Jay Barney, Evan Hiller, Gordon Smith, Andrew Schwartz, Jeff Schwartz (moderator)
This panel will consider the current state of crowdfunding, including, among other things, the extent to which new, more relaxed, rules for equity sales to accredited investors are facilitating it, and whether crowdfunding may serve a unique role for social entrepreneurship. The panel will also discuss the prospects for crowdfunding under Title III of the JOBS Act, and the reasons the SEC has long delayed issuing final rules to effectuate the provision.
Jonathan Johnson, Keynote Speaker
Jonathan Johnson is a business builder, a BYU law graduate, chairman of the board of Overstock.com, and most importantly, husband of Courtney Johnson and a father of five sons. In 2002, Jonathan joined Overstock.com to head its legal department. Within three months he was the fifth member of the company’s executive team. Since then, he’s held various roles, including president for five years and acting CEO. In 2014, he became the chairman of the board. His leadership has significantly contributed to Overstock.com’s remarkable growth from a start-up to an international business with over $1.5 billion in annual sales. Overstock.com successfully runs on very slim gross margins (only ~18%) selling quality products and effectively keeping costs low by following the motto, “We Save Paperclips.” In the business community, Jonathan has been recognized by the Salt Lake Chamber of Commerce as “Chamber Champion”, by Utah Business Magazine as the ‘Sustainable Business Award Winner for Leadership on Corporate Sustainability’’, and by the Utah Technology Council as “Trustee of the Year” for leadership on public policy issues. Jonathan serves on various charitable and community boards, including the board of Governors for the Salt Lake Chamber of Commerce, University of Utah Hospital Foundation, the Utah Technology Council, and is the founding chairman of the Salt Lake Chamber Clean Air Task Force in Utah. He also created the Right to Try Foundation to help provide terminally ill patients aid in seeking new medicines.
Jay is the Chair of the Entrepreneurship and Strategy Department, Entrepreneurship and Strategy Department and a Presidential Professor in the Department of Entrepreneurship and Strategy at the University of Utah.
Professor Barney’s research focuses on the relationship between firm skills and capabilities and sustained competitive advantage. He has published over eighty-five articles in a variety of journals and books, including the Academy of Management Review, the Strategic Management Journal, Management Science, the Journal of Management, and the Sloan Management Review.
Jack Boren Mr. Boren is a Senior Analyst at Epic Ventures. He is responsible for Epic’s Idaho focus and several of its investments throughout the Salt Lake Valley. Prior to his time at EPIC, Mr. Boren worked on the M&A Finance team at Cisco Systems. While there, the team successfully completed various venture investments and acquisitions including the $635 million acquisition of OpenDNS. EPIC Ventures is a 20-year-old venture fund primarily focused on early-stage tech investments. Over the past two years alone, EPIC has led or participated in over 20 private placements and continues to focus on partnering with entrepreneurs for the next big deal.
Professor Burstein’s research focuses on the institutional structures – both private and public – that shape innovation. He is interested primarily in the intersections between intellectual property and both corporate law and public law. Professor Burstein has previously written about the administrative structure of the U.S. Patent and Trademark Office. He is currently working on projects to clarify the law of patent standing, and to develop insights into how private and public sector actors can make effective use of prizes for innovation.
Before joining the Cardozo faculty, Professor Burstein was a Climenko Fellow at Harvard Law School. Following law school, Professor Burstein clerked for Judge A. Raymond Randolph of the U.S. Court of Appeals for the District of Columbia Circuit, and served as a Bristow Fellow in the Office of the Solicitor General, U.S. Department of Justice. He also practiced appellate litigation and telecommunications law at Kellogg, Huber, Hansen, Todd, Evans & Figel in Washington, D.C., and worked as a management consultant at McKinsey & Company. Professor Burstein received a B.A. in Molecular Biophysics and Biochemistry, and Ethics, Politics and Economics from Yale University, and a J.D. magna cum laude from the New York University School of Law.
John Coyle John Coyle is an Assistant Professor of Law at the University of North Carolina School of Law. He joined the UNC faculty after serving as a Climenko Fellow at Harvard Law School. Prior to his fellowship, he clerked for Judge Reena Raggi on the United States Court of Appeals for the Second Circuit and practiced corporate law at Covington & Burling LLP in Washington, D.C. His research interests include corporate law (with an emphasis on venture capital), conflict of laws, and private international law. His scholarship has appeared in the Boston College Law Review, the Duke Law Journal, the Georgia Law Review, the Hastings Law Journal, the North Carolina Law Review, and the William and Mary Law Review. In 2015, he received the Frederick B. McCall Award for Teaching Excellence from the graduating class at Carolina Law.
Professor Coyle received his B.A. in History and Literature, magna cum laude and Phi Beta Kappa, from Harvard College. He received his M.Phil in European Studies from Cambridge University where he wrote his dissertation about economic and cultural globalization. He received his J.D. from Yale Law School, where he was a symposium editor for the Yale Law Journal, an articles editor for the Yale Journal of International Law, and a recipient of the William K.S. Wang Prize and the Jewell Prize.
Robin Feldman Professor Robin Feldman received a bachelor’s degree from Stanford University and a J.D. from Stanford Law School, graduating the Order of the Coif and receiving the Urban A. Sontheimer Award for graduating second in the class. Professor Feldman also served in the Articles Department of the Stanford Law Review. After graduation, she clerked for The Honorable Joseph Sneed of the U.S. Court of Appeals for the Ninth Circuit
Professor Feldman holds the Harry & Lillian Hastings Chair. She has received the Rutter Award for Teaching Excellence, the Visionary Award from the UC Hastings Board of Directors, and the 1066 Foundation Award for Scholarship. Professor Feldman is also the Director of the UC Hastings Institute for Innovation Law, which is dedicated todata-driven law-making and the active classroom. As part of the Institute, Professor Feldman runs the Startup Legal Garage, which has been named the fifth most innovative law school program in the country.
Professor Feldman has published two books, Rethinking Patent Law (Harvard 2012) and The Role of Science in Law (Oxford 2009), as well as an extensive number of articles in law reviews and in the New England Journal of Medicine. Her work has been cited by the White House and by numerous federal and state agencies and members of Congress. She has provided testimony and commentary for committees of the US Congress and the California legislature, as well as the Federal Trade Commission, the Department of Justice, the Patent & Trademark Office, and the National Academy of Sciences. Professor Feldman has chaired the Executive Committee of the Antitrust Section of the American Association of Law Schools and has served as the Herman Phleger Visiting Professor of Law at Stanford Law School. She was elected to the American Law Institute in 2012.
Sherman G. Helenese Mr. Helenese is a shareholder in Karr Tuttle Campbell’s Intellectual Property and Technology practice group. He advises companies of all sizes, including start-ups, publicly traded companies and entrepreneurs on the creation, acquisition, management, monetization, licensing and enforcement of all aspects of intellectual property.
Mr. Helenese’s practice focuses on the licensing of intellectual property, e-commerce, e-signatures, online agreements formation, and the privacy and data security regulations and issues involving: Electronic Communications Privacy Act, Computer Fraud and Abuse Act, Children’s Online Privacy Protection Act, CAN-SPAM, Telephone Consumer Protection Act, EU Data Protection Directive, Data Breach Notification Statues and HIPAA/HITECH ACT. Before joining Karr Tuttle Campbell, Mr. Helenese worked as in-house counsel at Microsoft Corporation and J.P. Morgan Chase.
Mr. Helenese was recognized as a “Super Lawyer” in 2014 and 2015 by Super Lawyers magazine.
Evan Hiller Evan is a Principal at Seed Equity Capital Partners.
Seed Equity Ventures is a registered Broker Dealer with the U. S. Securities and Exchange Commission and is a member of both FINRA and SIPC. Seed Equity Ventures provides Investment Banking services to Startups and Growth companies from around the world.
Seed Equity was founded to provide growth equity to Entrepreneurs and their startups in exciting industries throughout the world. Whether they are located in San Francisco, Sao Paulo, Bangalore, London, Shanghai or Tel Aviv, Seed Equity’s mission is to help find the best and brightest entrepreneurs and connect them with global investors.
Christine Hurt Professor Christine Hurt joined the BYU faculty as the Rex J. and Maureen E. Rawlinson Professor in the Fall of 2014. Prior to that, she was a professor of law and Director of the Program in Business Law and Policy at the University of Illinois College of Law. Professor Hurt’s teaching and research focuses on securities regulation, corporate tax, microfinance, torts, and business associations. Her articles have appeared in the Journal of Corporate Law, Iowa Law Review,Ohio State Law Journal, Boston University Law Review, and Cardozo Law Review,and she is a founder and regular contributor to The Conglomerate. Recently, she and colleague Gordon Smith have published a new edition of the popular treatise “Bromberg & Ribstein on Partnership” with Wolters Kluwer. Prior to teaching at Ilinois, Professor Hurt taught at Marquette University Law School and the University of Houston. As a teaching fellow at Texas Tech University School of Law, Professor Hurt and colleague Tracy McGaugh Norton pioneered a system online legal citation exercises, now the Interactive Citation Workbook and its related web-based program on the Lexis website. Her most recent article, “Pricing Disintermediation: Crowdfunding and Online Auction IPOs” was accepted for publication in the Winter 2015 issue of the Illinois Law Review. Professor Hurt has also been a regular commentator on the radio program, Legal Issues in the News, on WILL Illinois Public Radio and BYU radio and a host of the former weekly television show, Illinois Law on WCIA-TV.
Before entering law teaching, Professor Hurt practiced corporate law for a number of years in Houston at Baker Botts, LLP, and Skadden, Arps, Slate, Meagher & Flom LLP. As a first-year student at the University of Texas School of Law, she co-founded the Texas Journal of Women and the Law.
Amy Landers Landers is an accomplished legal scholar and practitioner. She is a Professor of Law at Drexel University Thomas R. Kline School of Law. She was previously distinguished professor of law and director of the Intellectual Property Law Concentration at the University of the Pacific’s McGeorge School of Law. Landers is an expert on patents and intellectual property law, and she is the author of “Understanding Patent Law,” now in its second edition, and co-author of “Global Issues in Intellectual Property Law” and “Global Issues in Patent Law.”
Her scholarship has appeared in varied publications, including Texas Law Review: See Also, George Mason Law Review and the Fordham Intellectual Property, Media and Entertainment Law Journal. She has presented her work at Stanford University, University of California-Berkeley School of Law and the University of Texas School of Law, among other venues.
Previously, Landers was a partner at Orrick, Herrington & Sutcliffe, in Silicon Valley, Calif. where she specialized in IP litigation, antitrust, fraud, trade secret and trademark cases. She clerked for Judge Oliver W. Wanger of the U.S. District Court for the Eastern District of California after receiving her JD magna cum laude from the University of California Hastings College of Law.
Eric S. Paulsen is the Director of Legal and Strategy at Technology & Venture Commercialization (TVC) at the University of Utah. TVC is dedicated to commercializing new technologies and inventions from discoveries made and developed at the University of Utah. This is accomplished by applying a stage-gated, milestone-driven process that has as an end-goal of licensing intellectual property, building beneficial commercial partnerships, supporting our community and educating students.
Amelia Rinehart Professor Rinehart joined the faculty in 2010 following two years as a Visiting Assistant Professor of Law at Florida State University. Prior to entering the legal academy, she practiced law for several years at Orrick, Herrington & Sutcliffe L.L.P. in New York, and Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P. in Baton Rouge, Louisiana, where she specialized in intellectual property litigation, procurement, and counseling. Professor Rinehart is a registered patent attorney and her scholarship focuses on patent law and theory.
Professor Rinehart received her J.D. from the University of Chicago Law School in 2002. She received a Master of Science in biomedical engineering from Tulane University in 1997, and a Bachelor of Science in biomedical engineering, summa cum laude, with Departmental Honors from Tulane University in 1996. Prior to attending law school, Professor Rinehart worked as an engineer at Johnson Space Center in Houston, Texas.
Professor Rinehart teaches Contracts, Patent Law, Intellectual Property Survey and Intellectual Property Workshop.
Andrew Schwartz Andrew Schwartz joined the Colorado Law faculty in 2008. He won the Outstanding New Faculty Award in 2009 and was awarded tenure in 2014. He teaches and publishes on corporate, securities and contract law, and has become a nationally recognized expert on investment crowdfunding.
Professor Schwartz studied civil engineering at Brown University and then attended law school at Columbia University, where he served on the Columbia Law Review and assisted the late Professor E. Allan Farnsworth on his leading Contracts treatise. After law school, he clerked for two federal judges, the Honorable William A. Fletcher of the Ninth Circuit and the Honorable Naomi Reice Buchwald of the Southern District of New York, and practiced for several years in New York with the leading corporate law firm, Wachtell, Lipton, Rosen & Katz.
Since entering academia, Professor Schwartz has published a number of articles in leading venues, including the UCLA and Minnesota law reviews, several of which have been cited in important judicial opinions. His scholarship has been selected for national awards, such as the Association of American Law Schools Scholarly Paper Competition and the Federalist Society Young Legal Scholars Paper Competition (twice), as well as a campus-wide award from the Provost. In addition, his scholarship has generated honoraria from Northwestern University and George Mason University.
Professor Schwartz is the founder and organizer of the Junior Business Law Conference, an intimate scholarly workshop for some of the most promising early-career business law scholars in the country, including junior faculty from Harvard, Yale and Columbia.
Jeff Schwartz Professor Schwartz received his undergraduate degree, summa cum laude, from the University of California, Los Angeles, and his law degree, Order of the Coif, from the University of California, Berkeley. His research centers on securities law, investment-management regulation, and retirement policy. Recent works include “The Corporatization of Personhood,” 2015 Illinois Law Review (forthcoming), “The Law and Economics of Scaled Equity Market Regulation,” 39 Journal of Corporation Law 347 (2014), and “The Twilight of Equity Liquidity,” 34 Cardozo Law Review 531 (2012) (reprinted in the Securities Law Review and the Corporate Practice Commentator).
Prior to joining the faculty at the University of Utah, S.J. Quinney College of Law, Professor Schwartz taught at California Western School of Law. Before that, he practiced in Southern California. He served both as in-house counsel and as a corporate attorney for Munger, Tolles & Olson, where he represented clients regarding mergers and acquisitions, corporate-governance matters, and securities-law compliance.
Professor Schwartz teaches Business Organizations, Corporate Finance, Current Issues in Securities Law, and Securities Law I.
Gordon Smith Professor Smith is a leading figure in the field of law and entrepreneurship and has done foundational work on fiduciary theory. He has also made important contributions to the academic literature on corporate governance and transactional lawyering.
After writing extensively about venture capital contracts early in his career, Professor Smith began thinking more broadly about the connections between law and entrepreneurship. Among other works, two articles with Darian Ibrahim of William & Mary Law School are aimed at advancing the nascent field of law and entrepreneurship. Law and Entrepreneurial Opportunities, 98 Cornell Law Review 1533 (2013); Entrepreneurs on Horseback: Reflections on the Organization of Law, 50 Ariz. L. Rev 71 (2008). Professor Smith served as the associate director of the Initiative for Studies in Technology Entrepreneurship at the University of Wisconsin, where he launched the annual Law & Entrepreneurship Retreat. More recently, he co-founded (with Brian Broughman of the Indiana University School of Law) the Law & Entrepreneurship Association, a scholarly society that encourages the study of law and entrepreneurship by organizing conferences and building networks of scholars. He is also one of the founding faculty members of the Crocker Innovation Fellowship at BYU.
A Delaware corporate lawyer, Professor Smith has written extensively on fiduciary law, including two foundational pieces — The Shareholder Primacy Norm, 23 J. Corp. L. 277 (1998) and The Critical Resource Theory of Fiduciary Duty, 55 Vand. L. Rev. 1399 (2002) — that have become standard citations in the field. His most recent work, Fiduciary Discretion, 75 Ohio State L. J. 609 (2014) (with Jordan C. Lee), continues his effort to build an overarching theory of fiduciary law. Professor Smith also co-authors a popular teaching casebook, Business Organizations: Cases, Problems & Case Studies, with Professor Cynthia Williams of Osgoode Hall Law School of York University, and he is editing The Research Handbook on Fiduciary Law (Edward Elgar) with Andrew Gold of DePaul University College of Law.
Mr. Steele is a member of the Emerging Growth practice group at Holland & Hart and represents emerging growth technology companies, venture capital firms and private equity firms. Mr. Steele represents emerging growth companies from their formation to exit, venture capital funds in their portfolio investments and private equity firms in their portfolio investments and exits. Mr. Steele’s practice involves the representation of clients with respect to joint ventures and other strategic collaborations, licenses and other intellectual property agreements as well as mergers and acquisitions. Mr. Steele also has substantial experience with venture capital investments and represents both companies receiving venture capital financing as well as venture capital firms in their investments. Mr. Steele’s practice includes clients and transactions on each of the East and West Coasts as well as the Intermountain West.
Before joining Holland & Hart, Mr. Steele was a member at Morse, Barnes-Brown & Pendleton PC, where he helped found the firm’s Salt Lake City office. Prior to that, he was with Bingham Dana, LLP, in Boston.
Joshua Walker Joshua H. Walker is a legal informatics entrepreneur and Intellectual Property (IP) partner at Greenberg Traurig, LLP, handling all aspects of IP strategy and transactions. Josh has built his career at the nexus of law and computer science. Historically, as an analyst, his work has included helping prosecutors convict orchestrators of the 1996 Rwandan genocide to, now, as an attorney, helping many of the largest and most dynamic technology and financial entities in the world improve IP and data rights outcomes in the M&A, licensing, strategic litigation, and network theft contexts. To help clients solve IP governance, transactional, and risk management problems, Josh cofounded the first law and computer science lab in the country (CodeX), at Stanford University, as well as the top “big data” company for IP litigation (Lex Machina; founding CEO & Chief Legal Architect). However, data wins neither cases nor negotiations. We focus on client collaborations employing engineering efficiencies, design thinking, and empirical data to enhance and advance traditional legal practice. Josh’s IP work has been featured in The Wall Street Journal, The New York Times, The Economist, The Financial Times (listed, 2014 Top Ten Legal Innovator for North America), and numerous other publications. He co-taught “IP Analytics, Strategy, and Decision-Making” at Berkeley Law School, and an advanced IP media transactions seminar at Stanford Law School (“SIPX”). He received his J.D. from the University of Chicago Law School, where he was a Cornerstone Scholar, and an A.B. in Conflict Studies (Special Concentrations) from Harvard College, m.c.l.
For questions about this event contact Miriam (801) 585-3479.
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