Law Seminars International Presents: The 22nd Annual Seattle Conference on

Technology Law
Current legal, regulatory, and business developments



December 12 & 13, 2013
Fourth & Madison in Seattle, WA

Who Should Attend

Attorneys, business executives, agency officials and consultants involved in the development, licensing and distribution of software products and hosting of online services

Why You Should Attend

For the 22nd year, the Seattle Technology law conference will welcome practitioners, industry executives and agency officials from around the country at this popular program in the heart of the technology world. We are pleased to include on our faculty leading national experts who will provide valuable insights on recent regulatory and business developments. On the first day you will hear about finding the right fit between business objectives and IP ownership; FTC's current areas of concern; the use of Big Data Class Actions as an enforcement tool; employees sharing company information online; implementing privacy and data security plans, the balance between value and regulatory compliance; licensing contract provisions; and, in the cloud, contracting terms, processing payments and data rights.

On the second day, the conference looks at new developments in the IP underpinnings for technology businesses including recent cases at the intersection of antitrust and IP law; content distribution, and the continuing emergence of disruptive technologies; Big Data; new developments in patent enforcement litigation in the courts and at the U.S.P.T.O.; and, dealmaking contract provisions for data privacy and security for licensors and licensees. We hope you will join your peers for valuable discussions on critical and emerging issues in information and technology law.

~ Kate Spelman, Esq. and William A. Tanenbaum, Esq., Program Co-Chairs

What You Will Learn



Agenda

Thursday, December 12, 2013

8:00 am

Registration Begins

 
8:30 am

Introduction to Day 1: Issues Arising from Data Storage and Flows on the Internet

Kate Spelman, Esq., Program Co-Chair
K&L Gates LLP / Seattle, WA

William A. Tanenbaum, Esq., Program Co-Chair
Kaye Scholer LLP / New York, NY

 
8:45 am

Recent Regulatory Developments for Privacy and Information Security in the U.S. and the More Restrictive E.U.

Update on the Federal Trade Commission's (FTC's) primary areas of concern for internet-based technologies and services

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

New EU requirements and why you should care

Saira Nayak, Esq., Director of Policy
TRUSTe / San Francisco, CA

 
10:15 am

Break

 
10:30 am

Plaintiff's Perspective on the Use of Big Data Class Actions as a Privacy and Security Enforcement Tool

Harris v. Comscore, Inc. and other recent cases

Jay Edelson, Esq.
Edelson LLC / Chicago, IL

Chandler Givens, Esq.
Edelson LLC / Chicago, IL

 
11:15 am

Controlling Digital Chatter: What Employers Can and Cannot Do To Stop Employees from Sharing Company Information Online

Recent legal developments and analysis of outcomes: Social media and other internet postings by well meaning and not-so-well meaning employees and former employees; best practices designed to stem the flow of sensitive information via online sharing

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

 
12:00 pm

Lunch (on your own)

 
1:15 pm

Practical Tips for Counsel Who are Developing and Implementing Privacy and Data Security Plans

Counsel's role in weighing the value of information and technology initiatives vs. the cost of complying with increasingly stringent privacy requirements

Leigh Fulwood, Esq., Intellectual Property Counsel
Costco Wholesale Corporation / Issaquah, WA

Integrating long term storage of marketing data into the company's general document retention policies: How do you segregate it from the stuff you really don't want to keep that long?

Therese P. Miller, Esq.
Shook Hardy & Bacon LLP / San Francisco, CA

 
2:15 pm

Licensor and Licensee Dealmaking Tips

Typical bones of contention and innovative solutions

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

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

 
3:15 pm

Break

 
3:30 pm

Cloud Computing Trends

Evolution of contracting terms: Current typical terms for cloud services; contracting for services versus outsourcing services; data handling terms; risk-shifting terms customers can expect from cloud providers; supplier chain contracting issues

Wendy R. Kearns, Esq.
Davis Wright Tremaine LLP / Seattle, WA

Storage and processing of payment credentials in the cloud: How evolution of point of sale technologies has changed the handling of payment credentials; obligations typically imposed on the cloud provider; certifications, audits and testing expectations

Peter S. Johnson, Esq.
Davis Wright Tremaine LLP / Seattle, WA

Cybersecurity risks and risk management: Federal cyber-protection recommendations; Department of Commerce framework, best practices and cyberattack simulations; drafting cybersecurity clauses in technology contracts

Walt Sapronov, Esq.
Sapronov & Associates, P.C. / Atlanta, GA

 
5:00 pm

Adjourn Day 1

 

Friday, December 13, 2013

8:30 am

Introduction to Day 2: New Developments in the IP Underpinnings for Technology Businesses

Kate Spelman, Esq., Program Co-Chair
K&L Gates LLP / Seattle, WA

William A. Tanenbaum, Esq., Program Co-Chair
Kaye Scholer LLP / New York, NY

 
8:45 am

Copyrights: Establishing Ownership and Controlling Access to Content

Content distribution: The continuing emergence of disruptive technologies and current issues in content owners' struggles to adapt to them

Kate Spelman, Esq., Program Co-Chair
K&L Gates LLP / Seattle, WA

Big Data once again takes the stage: How do you protect data compilations when compilations traditionally have had thin protection?

Marcelo Halpern, Esq.
Perkins Coie LLP / Chicago, IL

 
10:00 am

Break

 
10:15 am

Finding the Right Fit Between Business Objectives and the Scope of IP Ownership and Licenses

How different business goals can lead to different approaches and results for the same software

William A Tanenbaum, Esq., Program Co-Chair
Kaye Scholer LLP / New York, NY

 
11:00 am

Patent Enforcement Litigation: New Developments in the Courts and at the U.S. Patent and Trademark Office (U.S.P.T.O.)

The seemingly inconsistent decisions coming out of the Federal Circuit on what is required under Section 101 for software and business method patents:

James A. D. White, Esq.
Seed Intellectual Property Law Group PLLC / Seattle, WA

Administrative alternatives to traditional patent litigation: When and how to make effective use of Inter-Party Review and re-exams as an alternative to court litigation

Erik R. Puknys, Esq.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP / Palo Alto, CA

 
12:15 pm

Lunch (on your own)

 
1:30 pm

Recent Cases at the Intersection of Antitrust Law and Intellectual Property Transactions

U.S. Supreme Court ruling on reverse payments to settle patent infringement claims; Apple case on collusion in distribution of digital books; other recent developments

Ramsey M. Al-Salam, Esq.
Perkins Coie LLP / Seattle, WA

 
2:15 pm

Protecting Trade Secrets: New Case Law and Legislative Developments

Narrow court interpretations of the Computer Fraud and Abuse Act and resulting state legislative proposals to strengthen trade secret protections

Brent Caslin, Esq.
Jenner & Block / Los Angeles, CA

 
2:45 pm

Internet Usage and the NSA: To What Extent Does it Differ from Private Sector Data Mining?

Update on the policy response to government collection of vast amounts of data; the extent to which national security monitoring should be a factor in the design of company privacy and data security policies and programs

Robert M. McKenna, Esq.
Orrick, Herrington & Sutcliffe LLP / Seattle, WA

 
3:30 pm

Evaluations and Adjourn

 


Tuition

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 11.75 WA CLE credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.



Location

The conference will be held at the Fourth & Madison Building located at 925 Fourth Avenue, Suite 2900 in Seattle, WA 98104. Special thanks to K&L Gates LLP for making this space available. Contact The Roosevelt hotel at 206-264-2002 and mention "LAWSEM" for reservations at the special negotiated rate of $119.00. Rooms are on a first come, first served basis
More about the Location
Map & Directions

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 Friday, December 6, 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

Kate Spelman, Program Co-Chair, partner, K&L Gates LLP, is experienced in copyright, media, licensing and trademark issues. She specializes in copyright matters and start-up companies, including those engaging in handheld computing devices and wireless technology.

William A. Tanenbaum, Program Co-Chair, partner, Kaye Scholer LLP, focuses on technology transactions, intellectual property protection and IP and technology litigation. He was named "Lawyer of the Year" in IT in NY. He is a past President of the Int'l Technology Law Association and is currently a VP of the Society for Information Management.

Ramsey M. Al-Salam, partner, Perkins Coie LLP, focuses on intellectual property litigation and dispute resolution. He represents a variety of clients, with specific experience in software and Internet related disputes.

Brent Caslin, partner, Jenner & Block, manages commercial and intellectual property disputes in the Western United States and around the Pacific Rim. He has tried civil and criminal cases, argued before courts of appeal, and represented clients before domestic and international arbitration tribunals.

Jay Edelson, founder and managing partner, Edelson LLC, is a leader in class actions, technology law, corporate compliance issues and consumer advocacy. He counsels companies on legal compliance and legislative issues in addition to handling all types of commercial litigation.

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

Leigh Fulwood, Intellectual Property Counsel, Costco Wholesale Corporation, supports the IT infrastructure team worldwide and its privacy and information security programs. She is responsible for protecting and licensing Costco's trademarks, and provides legal support for their large assortment of private label merchandise.

Marcelo Halpern, partner, Perkins Coie LLP, focuses on technology and intellectual property transactions including licensing, joint ventures, development, distribution, outsourcing, ecommerce, data privacy and systems integration matters. He provides general corporate and strategic counseling to software, consulting, internet, ecommerce and technology companies.

Peter S. Johnson, partner, Davis Wright Tremaine LLP, assists clients with domestic and international financial, commercial and technology transactions. He advises on e-commerce and mobile commerce initiatives, physical and electronic distribution strategies and supply chain related issues.

Wendy R. Kearns, partner, Davis Wright Tremaine, LLP, represents technology clients including software, software services, technology entertainment, wireless, and semiconductor companies, in a range of transactional and intellectual property matters. She has experience in cloud services and platform transactions and counseling.

Robert M. McKenna, partner, Orrick, Herrington & Sutcliffe LLP, is the former Attorney General of the State of Washington. His experience, stature and expertise add essential capabilities for clients seeking coordinated policy advocacy, regulatory compliance and litigation strategies across the country.

Diana J. P. McKenzie, partner, Hunter Maclean, focuses on technology, privacy, security, and electronic commerce transactions. She practices in electronic commerce, acquisition, license, development and service agreements, with an emphasis on complex transactions. She is experienced with healthcare technology transactions.

Thérèse P. Miller, of counsel, Shook, Hardy and Bacon LLP, advises multinational clients on electronic data management and information law relative to e-discovery, data security and data privacy rights, records and information management, information governance and information technology issues focusing on emerging technologies.

Saira Nayak, Director of Policy, TRUSTe, helps define the company's external policy platform, while advocating their position with industry, regulators, and other stakeholders. She also counsels clients, as they innovate around today's technologies, while differentiating themselves from the competition with data collection and use practices.

Erik R. Puknys, managing partner at Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, litigates intellectual property disputes involving semiconductors, telecommunications, and software. Previously he worked as a patent examiner at the U.S. Patent and Trademark Office.

Walt Sapronov, partner, Sapronov & Associates, P.C., represents clients in telecommunications and technology transactions and regulation. He played the role of a G.C. responding to a cyber attack on a public company in a recent simulation sponsored by the Georgia Institute of Technology. "Lessons learned" from that assessment will be discussed.

Holly K. Towle, partner, K&L Gates LLP, focuses on technology, licensing, electronics in commerce, data privacy and security. She authored "The Law of Electronic Commercial Transactions" and "Data Privacy, Protection, and Security Law".

Linda D. Walton, partner, Perkins Coie, LLP, defends employers in state and federal employment-related litigation and counsels on a wide range of employment law, including wage-and-hour law compliance, FMLA compliance, Title VII compliance, workplace harassment, and on emerging employment law issues related to employee use of social media.

James A.D. White, partner, Seed Intellectual Property Law Group PLLC, specializes in the domestic and foreign prosecution of software and internet-related patents and provides services in strategic planning and analysis of patent portfolios, patent validity and infringement opinions, and patent licensing.