Law Seminars International Presents: A Comprehensive Two-Day Conference on

Cloud Services and Related Big Data Issues
Advanced Strategies for Addressing Today's Legal, Business And Technology Issues

April 29 & 30, 2013
John Davis Conference Center in Seattle, WA

Who Should Attend

Attorneys and all software, technology and digital media industry professionals

Why You Should Attend

As "the cloud" becomes ubiquitous for business and consumer applications, and harnessing "big data" presents novel challenges and opportunities, it is time for a deep dive into the implications of the cloud and big data for the global legal system. Are current legal structures adequate to define and enforce the rights and liabilities of cloud service providers, their partners, commercial clients and ordinary consumers? How do we navigate, protect, use and monetize the big data that is enabled by the cloud?

This timely two-day conference will explore the challenges presented by a ubiquitous cloud, and new issues and developments with respect to data ownership and control, contractual rights, privacy and security, law enforcement, and conflicts of law. In each of these areas, our faculty of leading in-house lawyers, private lawyers, business leaders and academics with extensive experience in cloud computing and big data will discuss the law and business of the cloud and big data today, where it is going, and where it should be going

~ Louisa Barash, Esq. of Davis Wright Tremaine LLP and Hossein Nowbar, Esq. of Microsoft Corporation, Program Co-Chairs

What You Will Learn


Monday, April 29, 2013

8:00 am

Registration Opens

8:30 am

Introduction & Overview

Louisa Barash, Esq., Program Co-Chair
Davis Wright Tremaine LLP / Seattle, WA

Hossein Nowbar, Esq., Program Co-Chair
Microsoft Corporation / Redmond, WA

8:45 am

Special Opening Address: A Look at the Future for Cloud Computing and Big Data Services

Overview of the concepts and historical development of cloud services; new technologies coming down the pike and the opportunities for creative business models

Ron Markezich, Corporate Vice President, Microsoft North American Sales and Marketing
Microsoft Corporation / Redmond, WA

9:30 am

Getting the Deal Done: Spotting and Resolving Legal Issues for Cloud Computing and Big Data Services

Tips for focusing legal assistance to serve business development goals; identifying and negotiating key legal issues from a service provider, collaborator and customer perspective; red flags and other areas for legal focus in cloud computing agreements

Mark Wittow, Esq.
K&L Gates LLP / Seattle, WA

10:15 am


10:30 am

Organizing the Cloud: The Role of Internet Identity

Federated identity; payment card industry data security standard, federal identity, credential and access management, national strategy for trusted identities in cyberspace, & fair information practice principles

Scott L. David, Esq., Executive Director, Law, Technology & Arts Group
University of Washington Law School / Seattle, WA

11:15 am

Doing Business in an Inherently Global Environment

U.S. and international regulatory issues in the cloud: Conflicts of law; licensing and online service regulations; data sovereignty; limits on cross-border data transfers; government access (Patriot Act, interception)

Robert Stankey, Esq.
Davis Wright Tremaine LLP / Washington, DC

12:00 pm

Lunch (on your own)

1:15 pm

Data Security for Buyers and Sellers of Cloud Services

Legal issues in data collection, use and security: Access control; ECPA, CFA rules; Privacy by Design, fair information practices; current privacy policy issues (notice and consent); legislation and new approaches

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

Data security standards for buyers and sellers of cloud services: Contractual protections; tips for ensuring that the seller can give you clear title to use data in the way you're planning to use it

Todd W. Smith, Esq., General Counsel
Apptio, Inc. / Bellevue, WA

2:30 pm

Open Source and Interoperability in the Cloud

Overview of OSS licensing and the impact it has on managing heterogeneous IT systems; spotting and resolving OSS compliance issues in various cloud scenarios

Mario J. Madden, Esq., Senior Attorney
Microsoft Corporation / Redmond, WA

3:15 pm


3:30 pm

Buying and Selling Cloud Services

Licenses versus service contracts; licensing databases versus cloud services; negotiating the non-negotiable contract

Andrew R. Gilmour, Esq., Manager
Concur Technologies / Redmond, WA

Deconstructing the deep-dive: Service-level agreement (SLA)

Peter J. Kinsella, Esq.
Perkins Coie LLP / Denver, CO

The elephant in the room: Liability and enforceability issues in cloud services agreements; new E.U. Commission policy paper on contracting standards; tips for more effective dispute resolution

Lothar Determann, Ph.D., Esq.
Baker & McKenzie / San Francisco, CA

5:30 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Davis Wright Tremaine LLP


Tuesday, April 30, 2013

8:30 am

Introduction and Overview

Louisa Barash, Esq., Program Co-Chair
Davis Wright Tremaine LLP / Seattle, WA

Hossein Nowbar, Esq., Program Co-Chair
Microsoft Corporation / Redmond, WA

8:45 am

Special Issues for E-commerce and Payment Systems Using Cloud Services

Possibilities, benefits, and challenges of the financial and payment industry's use of cloud computing

Heidi S. Wicker, Esq.
Schwartz & Ballen LLP / Washington, DC

Drafting tips for mobile commerce agreements

Karen A. Ross, Esq.
Davis Wright Tremaine LLP / Washington, DC

10:15 am


10:30 am

Lessons from Recent Cases Involving Data Breaches

Case law and regulatory review

Todd M. Hinnen, Esq.
Perkins Coie LLP / Seattle, WA

Planning and solutions

James M. Kensok, Vice President and Chief Information Officer
Avista Corporation / Spokane, WA

12:00 pm

Lunch (on your own)

1:15 pm

Recent Regulatory Actions Involving Cloud Services

Third-party liability risks for cloud service providers

John E. Villafranco, Esq.
Kelley Drye & Warren LLP / Washington, DC

2:00 pm

International dispute resolution

Jurisdictional issues; tips for resolving issues in foreign forums

Mark Webber, Esq.
Osborne Clarke / Reading, Berkshire, UK

2:45 pm


3:00 pm

Inter-Industry Wrap Up Discussion: Unique Regulatory Structures and Common Solutions

Areas where unique regulatory structures can mask commonality in issues and solutions: Key areas where we can learn from each other's experiences

James M. Burger, Esq., Moderator
Thompson Coburn LLP / Washington, DC


John R. Christiansen, Esq.
Christiansen IT Law / Seattle, WA


Raymond L. Gifford, Esq.
Wilkinson Barker Knauer, LLP / Denver, CO


Lawrence R. Freedman, Esq.
Edwards Wildman Palmer LLP / Washington, DC

4:30 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.

Continuing Education Credits

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


The conference will be held at the John Davis Conference Center at 1201 Third Ave.#2200 in Seattle, WA 98101. Contact The Roosevelt hotel at 206-621-1200 x 5001 for sleeping room reservations at the special negotiated rate of $119.00. Rooms are on a first come, first served basis.

If You Cannot Attend

Our complete Homestudy Course, consisting of a DVD recording and the course materials, 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

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 Tuesday, April 23, 2013. 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.

Faculty Bios

Louisa Barash, Program Co-Chair, partner, Davis Wright Tremaine LLP, focuses on technology transactions, intellectual property, commercialization, and IP counseling. She is experienced negotiating and structuring strategic alliances, joint ventures, and complex IP licenses and commercial agreements.

Hossein Nowbar, Program Co-Chair, Vice President and Deputy General Counsel, Microsoft, leads the team that provides integrated legal support for products and services in the Server and Tools business including Windows Azure, Windows Server, SQL Server, Visual Studio and Microsoft Research.

Ron Markezich is Corporate Vice President, Microsoft North American Sales and Marketing, responsible for business covering customers and partners in retail and through operator channels. Previously, he was Corporate Vice President Microsoft Online, where he was responsible for building Microsoft's cloud business for enterprise and public sector customers globally.

James M. Burger, partner, Thompson Coburn LLP, specializes in representing tech companies on IP, communications & government policy matters. Previously, he was a Senior Director in Apple's Law Dept. representing the Advanced Technology and K-12 Education Groups, as well as General Counsel Latin America & Europe.

John R. Christiansen, Christiansen IT Law, is a national expert on IT issues for healthcare organizations and technology services companies, as well as state and federal agencies. His practice includes privacy/security risk management; online contracting and licensing; strategic planning; and public policy research and analysis.

Scott L. David, Executive Director, Law, Technology & Arts Group at University of Washington Law School, focuses on intellectual property and technology counseling and transactions. He has been active in the World Economic Forum, Identity Commons, ABA Cyberspace Committee, and Workboat.

Lothar Determann, Ph.D., partner, Baker & McKenzie, focuses on software licensing, electronic commerce, data protection, intellectual property and international commercial law relating to technology transactions and outsourcing.

Lawrence R. Freedman, partner, head of Edwards Wildman Palmer LLP's cloud computing group, advises clients on contractual and regulatory issues associated with cloud computing and has spoken and written extensively on this topic. Previously, he was President and CEO of a facilities-based telecommunications company.

Raymond L. Gifford, partner, Wilkinson Barker Knauer, LLP, counsels communications, electric and gas utilities and information technology companies on state and federal aspects of regulation, administrative law, and competition policy. He is former Chairman of Colorado Public Utilities Commission.

Andrew Gilmour, Manager, Client Contracts Group (Americas), Concur Technologies, Inc., advises and negotiates direct sales of its international brands including client-facing contracts, intellectual property and licensing projects on a coordinated cross-functional basis.

Todd M. Hinnen, partner at Perkins Coie LLP, focuses on civil and criminal litigation, investigations, and regulatory compliance counseling relating to privacy and network security. Previously, he was the Acting Assistant Attorney General for National Security at the U.S. Department of Justice.

James M. Kensok, Vice President and Chief Information & Security Officer, Avista Corp., is responsible for the leadership and strategic advancement of enterprise technology strategies and security. He is experienced in developing and managing information and operational systems, network communications and strategic sourcing.

Peter J. Kinsella, partner in Technology Transactions & Privacy practice Perkins Coie LLP, advises emerging and large companies on technology, licensing and intellectual property transaction matters and structuring and negotiating domestic and international agreements in cloud services.

Mario J. Madden, Senior Attorney and OSS legal team leader, Microsoft Corporation, counsels their product groups on OSS legal and community issues and oversees OSS legal policies and management infrastructure. Previously, he was the Open Source Research and Policy Lead for Microsoft's Platform Community Strategy Team.

Karen A. Ross, Davis Wright Tremaine LLP, focuses on financial services and technology sectors, with an emphasis on emerging payment systems and financial services innovation. She represents clients with mobile wallet cloud-based products, cashless technology and SaaS transactions.

Todd Smith, General Counsel, Apptio, Inc., manages legal concerns for the enterprise SaaS vendor, including those relevant to the development and commercialization of its Technology Business Management suite, related data transfer risk allocation and international expansion.

Robert Stankey, partner, Davis Wright Tremaine LLP, focuses on global communications, technology and privacy law for U.S. and European clients. Formerly he was with AOL Europe and an international telecommunications provider.

John E. Villafranco, partner, Kelley Drye & Warren LLP, provides litigation and counseling services, with a focus in advertising law matters and consumer protection for corporations involved in marketing and advertising.

Mark Webber, partner, Osborne Clarke, advises on the crossover between intellectual property and technology focusing on when they are leveraged for business success. He is experienced in innovative technology transactions online or when implementing technology rich solutions.

Heidi S. Wicker, partner, Schwartz & Ballen LLP, advises financial services and technology companies providing electronic payment services on licensing, examination and enforcement matters, compliance and development of new payments-related products and services.

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 represents digital media, television, mobile, publishing and new technology companies.

Mark Wittow is a partner in the Seattle office of K&L Gates. His work focuses on intellectual property and technology transactions and counseling including the acquisition, development, marketing, licensing and distribution of computing devices and software.