Engineering Law and Ethics Seminar
Agenda
Registration: 8:00 – 8:30 am
Morning Session: 8:30 am – 12:15 pm
Lunch (On your own): 12:15 – 1:15 pm
Afternoon Session: 1:15 – 4:30 pm
Intellectual Property Essentials for Engineers:
Patents, Trademarks, Copyrights, and Trade Secrets
J. Felber
Securing ownership of your designs through patents, trademarks,
copyrights, and trade secrets
Leveraging your intellectual capital through licenses, franchises,
and other technology agreements
Policing intellectual property rights and preventing infringement
Resolving intellectual property disputes
Understanding the Investigatory and Disciplinary Practices
of the New York State Education Department
M. Noviello
Understanding the Department’s disciplinary powers
Reviewing prohibited practices and grounds for disciplinary action
Investigatory procedures
Disciplinary hearings
Administrative and other penalties and enforcement
Handling Ethical Issues in Professional Engineering Practice
M. Noviello
Promoting health and welfare vs. managing risk: complementary or conflicting duties?
Protecting the environment: meeting or exceeding legal requirements
Watching the bottom line: identifying and balancing economic
pressures in design and construction
Integrating new technologies: identifying and balancing the benefits and risks
Engineers Practicing in the Environmental Arena in New York
Compliance and Enforcement Issues
J. Murphy
A review of relevant and recurring practice issues encountered by engineers working on
environmental issues, including:
• Requirements for licensed engineers certifying submissions to DEC’s Division
of Environmental Remediation
• Water quality compliance and enforcement update
• Stormwater permitting update
• Emerging issues in NYC watershed
• Ethical issues when representing clients facing regulatory enforcement
Contract Law Primer for Engineers
J. Murphy
Contract basics: the necessary elements of a valid and binding contract
Contract “legalese” – plain language versus traditional formats
Statutes of limitation in New York applicable to engineers and other design professionals,
including CPLR 214-D, CPLR 214(6) – the continuous representation doctrine
Conduct, acts and omissions that can constitute breach of contract –
material breach, negligence versus breach of contract
Remedies for breach
Indemnities and liability limitations
AIA B101 – discussion of key clauses Contract drafting and negotiations
Credits
NY Professional Engineers
6.5 Continuing Ed. Hours (1.0 Ethics)
Continuing Education Credit Information
This seminar is open to the public and offers 6.5 continuing education hours, including 1.0 ethics hour, to professional engineers in New York.
HalfMoon Education is an approved continuing education provider for New York engineers (NYSED Sponsor No. 35).
Professional engineers seeking continuing education credit in other states will be able to claim the hours earned at this seminar, in most cases. Refer to specific state rules to determine eligibility.
Attendance will be monitored, and attendance certificates will be available after the seminar for most individuals who complete the entire event. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.
Speakers
Joel Felber
Leason Ellis LLPJoel Felber is a partner with Leason Ellis LLP whose law practice is focused on domestic and international intellectual property protection. Mr. Felber’s practice principally regards all phases of patent protection in connection with computing hardware and software technologies. He assists clients to protect and leverage their inventions and related intellectual property, including by procurement of utility patents, design patents, copyright and trademark registrations. Mr. Felber is also experienced in negotiating and drafting license agreements and purchase agreements, as well as software development and consulting agreements. He has serviced a broad range of domestic and international clients ranging broadly in size and industry, including large, mid-sized, small and startup companies. Mr. Felber received his J.D. degree from Western New England College School of Law in 1991 and, prior to joining Leason Ellis, he was senior associate at Ostrolenk Faber LLP in Manhattan.
Jonathan Murphy
Bleakley Platt & Schmidt.Jonathan Murphy is a partner with the White Plains law firm Bleakley Platt & Schmidt, and he is chair of the firm’s construction law practice and co-chair of its environmental law practice. Mr. Murphy is an experienced trial attorney who has successfully obtained favorable jury verdicts in complex, high exposure cases. He is also a skilled advisor to clients on construction and environmental matters. Mr. Murphy’s clients include multinational manufacturers, construction companies, subcontractors, owners, developers, architects, engineers, major oil companies, local petroleum vendors, UST manufacturers, chemical distributors, dry cleaning companies, and other trades and businesses. He represents construction clients (owners, general contractors, subcontractors and design professionals), both as claimants and respondents, in litigation, at trial, and in arbitrations. Mr. Murphy also drafts and negotiates contracts for clients involved in private and government projects and provides legal guidance throughout a project’s life. He handles environmental matters for both corporate and insurance clients, in litigated claims as well as direct administrative agency proceedings with federal, state, county and local environmental agencies. Mr. Murphy counsels clients on environmental risks, enforcement implications and regulatory requirements in a variety of business and transactional settings. His substantive areas of practice include CERCLA/RCRA, TSCA, CWA, New York’s Navigation Law, and other environmental and regulatory enforcement exposures presented by federal, state and local environmental regulations. He is a graduate of Hobart College and Brooklyn Law School.
Matthew A. Noviello, Esq., P.E., L.S.
Principal in Noviello & Noviello, Esqs. and Principal in Matthew A. Noviello, P.E., L.S., in Carmel, NYMr. Noviello is an Attorney-at-Law, a Professional Engineer, and a Land Surveyor who enjoys teaching. In addition to teaching continuing education courses for Attorneys-at-Law, Professional Engineers, Land Surveyors, and Architects, he has taught real property law, survey law, alpine skiing, and, more recently, adaptive skiing. Mr. Noviello received his Masters of Engineering degree, his Bachelor of Science degree in Industrial Engineering, with honors, and his AAS degree in Engineering, all from Rochester Institute of Technology. He received his Juris Doctor degree from Rutgers University School of Law-Newark. Mr. Noviello has maintained a professional engineering firm and a general practice law firm since 1984 and has practiced land surveying since 1991 including 10 years in industry and six years in government. He is a licensed Professional Engineer in the states of New York, Connecticut, New Jersey, and Pennsylvania. Mr. Noviello is a licensed Land Surveyor in New York and Connecticut. He is an Attorney-at-Law in New York and New Jersey State Courts, the U.S. Supreme Court, the Federal Court for the Southern District of New York, and the Federal Court for the State of New Jersey.