Law Seminars International Presents: The 19th Annual Seattle Conference on Current Developments in

Technology Law
In collaboration with the Washington Technology Industry Association (WTIA)



December 9 & 10, 2010
Washington State Convention Center in Seattle, WA

Who Should Attend

Attorneys, business executives, agency officials and consultants involved in the creation, licensing and sale of software and digital technology

Why You Should Attend

As the distinctions between telephone, television and data services disappear, many of the old geographical and functional boxes that used to help us organize our thinking have become irrelevant. Super computing, almost ubiquitous broadband, advanced visualization and large-scale data gathering have created new competitive opportunities on a global scale. They also have unleashed a torrent of fragmented information and the pressing question of what is really valuable.

We now have news aggregation services to manage the torrent, but what are the limits on the aggregator's use of copyrighted material? New social media services have created new marketing opportunities, but also new challenges for managing your online reputation. Distributed computing services are triggering a transition from point-of-sale product licensing to services access subscriptions and long term interactive relationships. New friction points, particularly those involving consumers, are leading to new regulatory requirements for technology companies.

At the same time, many popular assumptions about the functional and economic dimensions of intellectual property for technology companies are in dispute. Copyrights are colliding with free speech on the Internet, trademarks with keyword advertising, and the Bilski case left many questions about patentability for software and business methods. What works now? This annual gathering of technology experts from around the country will provide valuable new insights and useful tips for answering that question and keeping your decision making on a solid footing. We hope you will join us.

~ Brian J. Deagle, Esq. and Kate Spelman, Esq., Program Co-Chairs

What You Will Learn



Agenda

Thursday, December 09, 2010

8:00 am

Registration and Continental Breakfast

 
8:30 am

Introduction and Overview

Brian J. Deagle, Esq., Program Co-Chair, Senior Attorney, Law and Corporate Affairs
Microsoft Corporation / Redmond, WA

Kate Spelman, Esq., Program Co-Chair
Cobalt LLP / Berkeley, CA

 
8:45 am

Special Opening Address: Maintaining the Growth of Washington's Technology Industry

Developing new ideas and bringing them to market: Where will new capital come from? Where and how will it be invested?

Susan Sigl, President and CEO
Washington Technology Industry Association / Seattle, WA

 
9:15 am

The Tension Between New Technologies and Privacy: Does America Really Believe in Privacy? If Not, Why Care?

New regulations; enforcement initiatives; obligations to employees vs. customers and other outsiders; resolving conflicting obligations; protecting data in motion and sanitizing devices; disclosure requirements

William E. Hayden, Esq., Law and Corporate Affairs Attorney
Microsoft Corporation / Redmond, WA

David Navetta, Esq., Founder
Information Law Group LLP / Denver, CO

 
10:15 am

Break

 
10:30 am

The Inter-Relationship of Privacy, Copyright and Free Speech on the Internet: How Do the Pieces Fit Together?

Bruce E. H. Johnson, Esq.
Davis Wright Tremaine LLP / Seattle, WA

 
11:15 am

Legal Risks and Opportunities in Managing the Online Reputation of Your Business, Customers and Self

Mitigating the risks of social media perceptions while managing our reputations

Kevin A. Norris, Esq., General Counsel, Global Content Alliances
ProQuest Information and Learning / Ann Arbor, MI

 
12:00 pm

Lunch (on your own)

 
1:15 pm

Regulatory Developments for Internet-Based Technologies and Services

FTC: Illegal practices in behavioral advertising and social networking; misuse of peer and celebrity endorsements; Talbot and Robocall rules; Red Flag rule; tips for avoiding enforcement actions

Lesley A. Fair, Esq., Senior Attorney, Bureau of Consumer Protection
Federal Trade Commission / Washington, DC

FCC: Impact of National Broadband Plan implementation; the Comcast decision and FCC's proposed "third way" for net neutrality regulation

Daniel M. Waggoner, Esq.
Davis Wright Tremaine LLP / Seattle, WA

 
2:30 pm

Instant News and Aggregation of News: Update on Cases Balancing Potential Harm Against the Free Flow of Information on the Net

Application of the Hot-News Misappropriation Theory to Internet publications (injuctions for "existential threats" from news aggregators); Theflyonthewall.com case on instant reporting

Robert W. Clarida, Esq.
Cowan Liebowitz & Latman, P.C. / New York, NY

 
3:15 pm

Break

 
3:30 pm

Writing the Rules in the Cloud: Laws, Regulations and Terms of Service

Where are the intellectual property rules for cloud services going to come from? What laws and regulations are most relevant? Are terms of service going to be most important for establishing who is liable and what competitors can do with the service?

Jule L. Sigall, Esq., Moderator, Associate General Counsel, Copyright
Microsoft Corporation / Redmond, WA

Flows of technology vs. flows of data; differences in laws for international flows; EU model clauses; export controls; when a duty arises; contractually controlling who is responsible

Charles M. Fish, Esq.
Chadbourne & Parke LLP / New York, NY

A look at IP and IP-like provisions in cloud terms of service - how are cloud providers trying to limit their liability and protect their competitive advantage through terms of service.

Kristin M. Green, Esq., Copyright and Trade Secret Attorney
Microsoft Corporation / Redmond, WA

Kraig L. Marini Baker, Esq.
Davis Wright Tremaine LLP / Seattle, WA

 
5:30 pm

Adjourn

 

Friday, December 10, 2010

8:00 am

Continental Breakfast

 
8:30 am

Introduction and Overview

Brian J. Deagle, Esq., Program Co-Chair
Microsoft Corporation / Redmond, WA

Kate Spelman, Esq., Program Co-Chair
Cobalt LLP / Berkeley, CA

 
8:45 am

Special Day 2 Opening Address: Reflections on the Future Direction of Copyright Law from the Longest Serving Register

The Hon. Marybeth Peters, Esq., Register of Copyrights
U.S. Copyright Office / Washington, DC

 
9:15 am

Recent Cases and Issues in On-Line Contracting

Holly K. Towle, Esq.
K&L Gates LLP / Seattle, WA

 
10:00 am

New Developments in Keyword Advertising: How Courts are Analyzing Initial Interest Confusion and Responding to the Fair-Use Defense

Twitter's new Promoted Tweets program; use of competitor trademarks in the Google AdWords program; implications of Rescuecom withdrawing its complaint against Google; EU Google France case; protecting your brand as the case law evolves

Jamie N. Nafziger, Esq.
Dorsey & Whitney LLP / Minneapolis, MN

 
10:45 am

Break

 
11:00 am

What a Wild Year it's Been for Technology Companies: Bilski and other Key IP Law Developments

Patent law for digital technology companies: Bilski, the absence of a clear standard to replace State Street Bank, and current best thinking on the scope of patentability for software and business methods

Jerry A. Riedinger, Esq.
Perkins Coie LLP / Seattle, WA

Other key cases on patentability, inequitable conduct, and induced infringement; inappropriate conduct in standards setting; tips for licensing in patent pools

Thomas L. Irving, Esq.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP / Washington, DC

Copyrights: Infringement on websites; extent of DMCA protection; right of publicity issues; FCC protection in regards to user-generated content

Kate Spelman, Esq., Program Co-Chair
Cobalt LLP / Berkeley, CA

 
12:30 pm

Lunch (on your own)

 
1:45 pm

Social Media: Taking Advantage of Changing Opportunities While Recognizing and Minimizing the Risks

New uses for social media: Where are we heading? What new legal and practical issues are likely to arise?

Steve Tapia, Esq., Senior Attorney, Law and Corporate Affairs
Microsoft Corporation / Redmond, WA

Keeping tabs on the marketing department's use of social media to promote the company's products and services; Interactive Advertising Bureau best practice guidance; human resources issues

Brian G. Murphy, Esq.
Frankfurt Kurnit Klein & Selz PC / New York, NY

 
3:00 pm

Break

 
3:15 pm

Avoiding Loss of IP Rights

Trademarks and counterfeiting: Tiffany vs. eBay; Gray market and diversion issues; anti-counterfeiting strategies and successes

Heather J. McDonald, Esq.
Baker and Hostetler LLP / New York, NY

A watch guard's checklist for avoiding loss of IP rights: Posts on social networks; metadata; scanned images; Google Apps; cyber squatting; and more

Hillery L. Nye, Esq.
Madrona Law Group LLC / Seattle, WA

 
4:30 pm

Evaluations and Adjourn

 


Tuition

Regular tuition for in person or webcast attendance for this program is $1245 with a group rate of $1095 each for two or more registrants from the same firm. For government employees, we offer a special rate of $945. For students and people in their job for less than a year, our rate is $622.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.

Cancellation & Substitution

You may substitute another person at any time. We will refund tuition, less a $50 cancellation fee, if we receive your cancellation by 5:00 p.m. on Friday, December 3, 2010. After that time, we will credit your tuition toward attendance at another program or the purchase of a Homestudy. There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders.

Continuing Education Credits

This program qualifies for 13 WA CLE credits. Upon request, we will apply for CLE credits in other states and other types of credits.



Location

The conference will be held at the Washington State Convention Center at 800 Convention Place in Seattle, WA 98101, (206) 694-5000. Call the neaby Sheraton Seattle Hotel, located next to the Convention Center, directly at (206) 621-9000 for reservations at the special negotiated rate of $129 and mention that you are attending a Law Seminars International conference. Rooms are on a first come, first served basis. Enjoy holiday shopping in downtown Seattle and you can take advantage of the Forgotten Children non-profit wrapping service available at the Pacific Place shopping center, one block north of the Sheraton. You can also visit http://www.visitseattle.org/visitors/culture.asp for a calendar of Seattle's events.
More about the Location
Map & Directions

If You Cannot Attend

Our complete Homestudy Course, consisting of a DVD recording and the course materials (either a binder or searchable CD), is available for $1255. The course materials alone are 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

Brian J. Deagle, Program Co-Chair, Senior Attorney at Microsoft Corporation's Law and Corporate Affairs Department, advises the business groups for the Office software suites and the Business Productivity Online Services cloud services suites.

Kate Spelman, Program Co-Chair, member of Cobalt LLP, is experienced in copyright, media, licensing and trademark issues. She advises on the development, production, sale and defense of non-patent IP and is listed in The Best Lawyers in America.

The Hon. Marybeth Peters, Special Address, is the longest serving Register of Copyrights for the U.S. Copyright Office.

Susan Sigl, Special Address, President and CEO, Washington Technology Industry Association, was co-founder and General Partner of SeaPoint Ventures where she evaluated, invested in, directed and raised capital for early stage technology companies.

Jule L. Sigall, Associate General Counsel of Copyright, Microsoft Corporation's Law and Corporate Affairs Department, focuses on global copyright policy. Previously, he was Associate Register for Policy & International Affairs at the U.S. Copyright Office.

Robert W. Clarida, partner, Cowan Liebowitz & Latman, P.C., focuses on copyright, trademark and rights of publicity areas for licenses, fair use, registration, Internet and international issues.

Lesley A. Fair, Senior Attorney with the Federal Trade Commission's Bureau of Consumer Protection, focuses on new forms of advertising and marketing, including social media.

Charles M. Fish, counsel at Chadbourne & Parke LLP, advises on intellectual property procurement and deployment, from long-term patent portfolio strategy through day-to-day tactical value extraction. Previously he was Chief Patent Counsel for Time Warner.

Kristin M. Green, Attorney in Microsoft Corporation's Copyright and Trade Secret group, advises the Microsoft Business Division, the Server and Tools Group and Microsoft Research.

William E. Hayden, attorney in Microsoft Corporation's Law and Corporate Affairs Department, counsels the division responsible for Microsoft's strategic investments in data centers, global networking, and network security, in addition to Microsoft's FUSE and LIVE rich media incubation labs teams.

Thomas L. Irving, partner, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, focuses on due diligence, patent prosecution, reissue and reexamination, patent interferences and counseling.
Full bio and contact info for Thomas L. Irving at Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Bruce E. H. Johnson, partner, Chair of the Privacy and Security Group, Davis Wright Tremaine LLP, focuses on constitutional and commercial litigation, defamation defense and privacy liability. He co-authored the PLI treatise "Advertising and Commercial Speech: A First Amendment Guide."
Full bio and contact info for Bruce E. H. Johnson at Davis Wright Tremaine LLP

Kraig L. Marini Baker, partner, Davis Wright Tremaine LLP, focuses on licensing transactions in media, entertainment, technology, advertising, privacy, and Internet, with particular emphasis on digital media and entertainment. He is also Adjunct Professor in the Masters in Digital Media Program at the University of Washington School of Communications.
Full bio and contact info for Kraig L. Marini Baker at Davis Wright Tremaine LLP

Heather J. McDonald, partner, Baker and Hostetler LLP, focuses on intellectual property enforcement and anti-counterfeiting litigation.

Brian G. Murphy, partner at Frankfurt Kurnit Klein & Selz PC, focuses on advertising, intellectual property and entertainment law, and counsels on copyright, trademark, right of publicity/right of privacy, false advertising and unfair competition. He is a "Super Lawyer".

Jamie N. Nafziger, partner, Trademark, Copyright and Brand Management practice group, Dorsey & Whitney LLP, advises on a myriad of online and social networking-related legal issues.

David Navetta, Founder, Information Law Group LLP, focuses on technology, privacy, information security and intellectual property law. He also is a founding partner of the Information Law Group.

Kevin A. Norris, General Counsel, Senior Vice-President, Global Content Alliances at ProQuest LLC, is responsible for legal affairs and content licensing for ProQuest and Dialog, specialized information resources and technologies.

Hillery L. Nye, founder, Madrona Law Group LLC, represents large and institutional clients, such as Microsoft and Viacom, as well as startups. She develops and negotiates progressive business agreements, designs business models and develops legal strategies for high tech companies and new media service providers.

Jerry A. Riedinger, partner, Firmwide Chair of the Patent Litigation Practice, Perkins Coie LLP, focuses on patent litigation, trade secret litigation, trademark litigation and complex intellectual property litigation.

Steve Tapia, Senior Attorney in Microsoft Corporation's Law and Corporate Affairs Department, focuses on open source, copyright, entertainment, media and intellectual property law. Previously, he was an entertainment lawyer in Hollywood and business executive for MSN.

Holly K. Towle, partner, K&L Gates LLP, focuses on technology, licensing, electronics in commerce, data privacy and security. She wrote "The Law of Electronic Commercial Transactions" and is listed among the top 25 Information Technology lawyers.
Full bio and contact info for Holly K. Towle at K&L Gates LLP

Daniel M. Waggoner, partner, Davis Wright Tremaine LLP, focuses on both transactions and specialized litigation matters; negotiates technology and licensing contracts; analyzes regulatory issues for wireless, VoIP and other providers, as well as technology and media companies.
Full bio and contact info for Daniel M. Waggoner at Davis Wright Tremaine LLP