Estate Planning for Copyrights, Trademarks, Patents, and Other Intellectual Property Rights
Identifying IP Assets, Valuation Issues, Assigning or Transferring IP, Drafting Bequests and Structuring Trusts
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will provide estate planners with a comprehensive guide to specific estate planning issues and legal considerations for copyrights, trademarks, and other intellectual property (IP) rights. The panel will discuss identifying IP in estate planning, valuation, drafting bequests of intellectual assets, assigning or transferring IP, post-death estate administration and handling disputes, and structuring trusts designed to hold literary works, artworks, and intangible IP rights.
Outline
- Key issues when incorporating IP assets in estate planning
- Intersection of Internal Revenue Code and Copyright Act
- Foreign considerations for copyrights held by estates and trusts
- Trademarks and service marks
- Patents
- Structuring trusts and LLCs
Benefits
The panel will review these and other key issues:
- Types of assets and how to pass them down in light of current federal regulations
- Structuring an LLC in conjunction with a trust to hold intellectual property assets
- Best practices for utilizing valuation discounts
- License vs. sale and valuation considerations
Faculty
Brendan Bybee
Partner
Stone Bybee & Associates
Mr. Bybee is a Senior Attorney in the Estate Planning Group at Stone Law Offices, Ltd. He graduated with honors from... | Read More
Mr. Bybee is a Senior Attorney in the Estate Planning Group at Stone Law Offices, Ltd. He graduated with honors from the J. Reuben Clark Law School where he also served on the editorial board of the BYU Journal of Public Law. While earning his law degree, Mr. Bybee also completed requirements to graduate with his Masters of Public Administration from the Marriott School of Management. Since his admission to the bar in 2011, he has practiced primarily in the areas of trusts, estates, and business organization. Mr. Bybee enjoys helping clients organize their estates, protect their property, and plan for business succession. He regularly co-counsels with attorneys throughout the country who are seeking the benefits of Nevada's favorable trust and asset protection laws for their clients. Mr. Bybee has been recognized by Mountain States Super Lawyers as a “Rising Star” in the area of Estate Planning and Probate.
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Jaime B. Herren
Principal
Hartog, Baer & Zabronsky
Ms. Herren is a litigator, patent attorney and experienced trial attorney whose practice focuses on managing complex... | Read More
Ms. Herren is a litigator, patent attorney and experienced trial attorney whose practice focuses on managing complex assets, technology, digital assets and intellectual property (IP) in wealth and tax planning to litigation and licensing. Her experience includes high-value trust litigation and IP litigation in state and federal courts. Having served as in-house counsel, Ms. Herren values business ideals and advocates for early implementation of dispute avoidance and resolution strategies. She represents individuals and fiduciaries who manage unique assets – including IP, rights of publicity and cryptocurrencies. As a seasoned litigator, Ms. Herren views wealth planning as pre-conflict resolution. She is well versed in all aspects of state and federal trial practice, including representation before governing tax bodies. Ms. Herren is a member of the Trust and Estates Executive Committee of the California Lawyers Association and Vice-Chair for the Alternative Dispute Resolution committee of the American Bar Association section of Real Property, Trust and Estate. Northern California Super Lawyers named her a Super Lawyer in 2023 and Rising Star from 2016 to 2020. She writes and speaks regularly on topic of litigation, trusts & estates and cross-over issues with IP. Ms. Herren is a chapter editor for CEB Trust and Probate Litigation and, for three years, she was a case alert author for the Trust and Estates Section of the California Lawyers Association. She has spoken at legal and industry conferences across the county from San Francisco to Washington D.C., Austin to New York City.
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