Law Seminars International Presents: Technology and New Media Law The 20th Annual Seattle Conference on Cutting Edge Issues in

Technology and New Media Law
Regulatory, legal and business developments for mobile devices, cloud computing, social media, IP antitrust

(For this past program, we offer two options for purchase: a Homestudy (DVD and written materials) or written materials alone.)

December 8 & 9, 2011
Seattle Marriott Waterfront in Seattle, WA

Who Should Order This Homestudy

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

Why You Should Order

This year marks the 20th anniversary of the Seattle Technology Law Conference. This compelling faculty updates you on recent events and provides clear and incisive analysis of new developments in technology, IP, and digital media law.

You will hear about new FTC regulations for Internet-based technologies and services; impacts of Privacy by Design as a matter of practice; crowdsourcing; the right to be forgotten; key developments in copyrights and meta-data flows; new NLRB regulations for social media; avatars, virtual identities, publicity and first amendment colliding with other related areas of the law. You will appreciate hearing new trends in online contracting and cloud computing agreements, as well as patent and trademark litigation strategies and outcomes, IP antitrust issues and what dominant players and segments of the industry may be on the DOJ's radar. An ethics session will focus on the emerging ethics practices in use of technology in multiple jurisdictions.

This is a particularly important year for technology and digital media. This annual gathering of leading regulatory, legal and business practitioners represents a uniquely selected faculty and collaboration on novel emerging topics.

Join us for this excellent opportunity to collaborate with your peers on strategies for dealing with today's newest and most pressing issues.

~ Program Co-Chairs: Jama Cantrell, Esq., of Microsoft

and Kate Spelman, Esq., of Cobalt LLP

What You Will Learn


Thursday, December 08, 2011

8:00 am

Registration and Continental Breakfast

8:30 am

Introduction and Overview

Jama Cantrell, Esq., Program Co-Chair, Legal Advisor and Counsel
Microsoft / Redmond, WA

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

8:45 am

Privacy and Data Security: You Can't Just Dabble In It Anymore

Update on U.S. regulations and cases: The conceptual shift from Notice and Choice to a Privacy by Design framework and the implications for your approach to privacy and data security

Keith Enright, Esq., Senior Privacy Counsel
Google / Mountain View, CA

How the U.S. is out of sync with Europe, and why you can't ignore it

Michael Hintze, Esq., Associate General Counsel
Microsoft / Redmond, WA

9:45 am

Privacy and Data Security in the Cloud

How is the technology evolving?

Jeff Barr, Senior Evangelist, Inc. / Seattle, WA

10:15 am

Break: Coffee, Tea and Conversation

10:30 am

Cloud Computing Agreements: Current Issues for Service Providers

Constructing terms of service for consumer cloud services: When are they binding contracts and when are they voidable as a contract of adhesion?

Kevin D. Swan, Esq.
Ragen Swan PLLC / Seattle, WA

11:00 am

Crowd Sourcing vs. The Right To Be Forgotten

What are the potential problems with crowd sourcing? Is there a right to have your information removed from the Internet? Who is arguing what in the policy debate? As a practical matter, how could you do it?

David C. Thompson, Esq.
Munger, Tolles & Olson LLP / Los Angeles, CA

Juliette Hirt, Senior Corporate Counsel
ebrary / Palo Alto, CA

12:00 pm

Lunch (on your own)

1:15 pm

Copyrights and Information Flows

New developments including collective licensing and orphan works

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

1:45 pm

New NLRB Regulation of Social Media Policies for the Workplace

Issues arising from business and personal employee use social media; disciplining employees for social media content; wage and hour issues; using social media in the hiring process; drafting effective social media policies and avoiding NLRB complaints

Linda D. Walton, Esq.
Perkins Coie LLP / Seattle, WA

2:45 pm

Break: Soda, Tea and Conversation

3:00 pm

Regulatory Developments for Internet-Based Technologies and Services

FTC: Update on the agency's primary concerns and initiatives relating to behavioral advertising and social media; avoiding problems with peer and celebrity endorsements; compliance tips

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

FCC: Update on National Broadband Plan implementation; merger activity and the FCC's current view of industry consolidation; net neutrality as a continuing political issue; implications for applications and services dependent on Internet access

Brooks E. Harlow, Esq.
Lukas, Nace, Gutierrez & Sachs, LLP / McLean, VA

In the Congress: Update on "Do-Not-Track" privacy bills that would impose new restraints on online behavior tracking and the use of mobile application and geo-location data; proposals to add parental consent for tracking to COPPA

Kurt Wimmer, Esq.
Covington & Burling LLP / Washington, DC

5:00 pm

Adjourn Day One


Friday, December 09, 2011

8:00 am

Continental Breakfast

8:30 am

Introduction and Overview

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

Jama Cantrell, Esq., Program Co-Chair
Microsoft / Redmond, WA

8:45 am

A Special Interview with USPTO Commissioner Bob Stoll About the America Invents Act

PTO implementation practices for the America Invents Act

Robert L. Stoll, Esq., Special Interview, Commissioner for Patents
United States Patents and Trademarks Office / Washington, DC

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

9:15 am

New Developments in Social Media: Update on Where It's Heading and the Key Issues

New technologies and business models: What's on the horizon? What legal and practical issues should lawyers start thinking about?

Steve Tapia, Esq., Senior Corporate Counsel
DirecTV Regional Sports Networks / Seattle, WA

9:45 am

Do Cylons Have Rights?

Avatars, virtual identities; publicity and first amendment conflicts; Gwen Stefani, pro athlete, student athlete video game cases

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

10:15 am

Break: Coffee, Tea and Conversation

10:30 am

Online Contracting

Recent cases and issues

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

Ordering off-menu: Tips for adding essential purchaser-friendly warranties to a standard from vendor agreement

Diana J.P. McKenzie, Esq.
Hunter Maclean / Savannah, GA

11:30 am

First Amendment Issues: Customizing Information vs. Filtering vs. Censorship

What are the rules and implications for new media service providers?

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

12:00 pm

Lunch (on your own)

1:15 pm

Anti-Trust: Is Anyone on the DOJ's Radar?

Expiration of the Microsoft consent decree and emergence of new dominant players in different segments of the industry: What should technology companies be watching?

Jeffrey Blumenfeld, Esq.
Crowell & Moring LLP / Washington, DC

Chris Meyers, Esq., Associate General Counsel
Microsoft / Redmond, WA

2:15 pm

Highlights of the American Invents Act

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

2:45 pm

Break: Soda, Tea and Conversation

3:00 pm

Trademark Litigation: Lessons from the Costco Omega case

John C. Sullivan, Esq., Vice President, Associate General Counsel
Costco Wholesale Corporation / Issaquah, WA

3:30 pm

Litigation Practice Tips: Electronic Records and Metadata in Litigation

Recent cases on e-discovery, spoliation, and other issues

Darren S. Cahr, Esq.
Drinker Biddle & Reath LLP / Chicago, IL

4:00 pm

Ethics for IP and IT Practitioners

Use of technology in practice (logistics and potential problems with instant messaging, live meeting collaborations, video conferencing, and other modern communications platforms); other problematic areas for IP and technology lawyers

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

5:00 pm

Evaluations and Adjourn



Regular tuition for this program is $1245 with a group rate of $935 each for two or more registrants from the same firm. For government employees, we offer a special rate of $830. 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.


There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders

Continuing Education Credits

Live credits: This program qualifies for 13.0 WA CLE (including 1 ethics) and 13.0 PA CLE (including 1 ethics) credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.

Faculty Bios

Jama Cantrell, Program Co-Chair, Legal Advisor and Counsel at Microsoft, has been with Microsoft 12 years and I have been providing legal support for the Office division for the past 3 years including counseling on product development for Office products, services and cross platform expansion of the Office business to mobile/slate.

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.

Robert L. Stoll, Special Address, Commissioner for Patents, United States Patents and Trademarks Office, was previously, Dean of Training and Education, directing efforts to train foreign officials and the public on all aspects of intellectual property. He has servered as director of the Office of Enforcement for the USPTO and was the Administrator of the Office of Legislative and International Affairs where he led development and analysis of legislation concerning intellectual property, and analysis of international issues related to intellectual property.

Jeff Barr, Senior Evangelist,, Inc., focuses on furthering awareness among software developers of the opportunity to innovate and build businesses using Amazon Web Services (AWS). He has written over 1100 posts for the AWS blog.

Jeffrey Blumenfeld is a partner at Crowell & Moring LLP where he specializes in business and legal strategy for the technology, information, and communications industries. He specifically counsels clients on competition issues, public policy concerns, and strategic business issues.

Darren S. Cahr, partner, Drinker Biddle & Reath LLP and co-chair of the Advertising and Promotions practice, focuses on intellectual property counseling and litigation. He counsels clients on intellectual property disputes, rights of publicity, social media, parallel imports, advertising and promotion law. He is listed in Best Lawyers in America and is a "Super Lawyer".

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.

Keith Enright is Senior Privacy Counsel at Google, previously, he served as chief privacy officer and vice president for Macy's, Inc, and as chief privacy officer and director, enterprise information policy for Limited Brands, Inc.

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.

Brooks E. Harlow, principal at Lukas, Nace, Gutierrez & Sachs, LLP, focuses on telecommunications law before the FCC, state utility commissions, and Federal and state courts. He represents and advises wireless and wireline telecommunications carriers, cable networks, Internet application service providers, VoIP service providers, and trade associations on regulatory, policy, transactional, and litigation matters.

Michael D. Hintze, is Associate General Counsel at Microsoft Corporation where he focuses on data privacy, electronic commerce, and the regulation of encryption. Previously, he practiced at Steptoe & Johnson LLP, focusing on export controls and commercial matters for high technology companies.

Juliette Hirt is Senior Corporate Counsel of ebrary, an e-book provider to libraries and researchers worldwide that believes books and other information should be available online to meet the growing needs of libraries, researchers, and publishers in the Internet era.

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

Bruce E. H. Johnson is a partner at Davis Wright Tremaine LLP, where his practice includes constitutional and commercial litigation, defamation defense and professional liability. He is Chair of the firm's Ethics Committee and co-authored "Advertising and Commercial Speech: A First Amendment Guide," (PLI).

Diana J. P. McKenzie is leader of the Information Technology and Outsourcing Practice Group at Hunter Maclean, focusing on technology, privacy, security, and electronic commerce transactions. She has practiced in technology contracts, ASP, ERP and systems integration, Web hosting, electronic commerce, acquisition, license, development and service agreements.

Chris Meyers, Associate General Counsel, Microsoft leads the Antitrust Group which is responsible for antitrust counseling, investigations, policy, and M&A work across all of Microsoft's business divisions. He has experience in Microsoft's European headquarters and, prior to joining Microsoft, he was a litigation associate at the law firm Sullivan & Cromwell in Washington, D.C.

Brian G. Murphy, partner at Frankfurt Kurnit Klein & Selz, P.C., 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".

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.

John C. Sullivan, Vice President, Associate General Counsel, Costco Wholesale Corporation, oversees litigation that is not related to employment or general liability matters, he advises on governance, securities, compliance, and business issues and previously, was a member of the firm of Fried, Frank, Harris, Shriver & Jacobson in New York City in the litigation department.

Kevin D. Swan, member at Ragen Swan PLLC, focuses on IP and technology transactional works and represents corporations, small businesses, and other entities in intellectual property transactions.

Steve Tapia is Senior Corporate Counsel at DirectTV Regional Sports Networks. Until recently he was a Senior Attorney in Microsoft's Law and Corporate Affairs department working on copyright issues and open source licensing strategies and policies. He is experienced in entertainment, media and intellectual property law.

David C. Thompson, Munger, Tolles & Olson LLP, is the former General Counsel and Chief Privacy Officer of, Inc. (formerly ReputationDefender). While there, he developed employment and privacy practices. He is the co-author of the book "Wild West 2.0: How to Protect and Restore Your Reputation on the Untamed Social Frontier".

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.

Linda D. Walton, member of the Labor and Employment Law National Practice Group at Perkins Coie LLP, counsels private sector employers on emerging employment law issues related to employee use of social media. She also teaches Employment Discrimination Law as Adjunct Professor at Seattle University School of Law.

Kurt Wimmer, partner, Covington & Burling LLP, is the U.S. chair of Covington's global privacy and data security practice and concentrates his practice on privacy, technology, intellectual property and media law. He focuses on representing digital media, television, mobile, publishing and new technology companies.