Law Seminars International Presents: An Advanced Two-Day Conference on Cutting-Edge Developments in

Merchant Strategies for Mobile Payments
New business models and associated legal issues



May 13 & 14, 2013
John Davis Conference Center in Seattle, WA

Who Should Attend

Attorneys; business executives and managers in the retail, wireless, mobile device, applications development, technology, venture capital industries and financial institutions; business consultants and governmental officials

Why You Should Attend

Merchants are being asked to accept and support a dizzying range of mobile payment products as technology companies, financial institutions, carriers, issuers, investors, consumers and other merchants all jockey for a position and future in the emerging mobile payment arena. Contactless technologies, such as near-field communication and remote payment solutions that allow for more rapid or advanced checkout, and a range of value-added services and value propositions, are rushing to market.

The business models and associated legal issues for these offerings can be unique, complex, and the roles of the many players are evolving. Such programs implicate financial services and payment system regulation, privacy and data security, marketing, telecommunications regulation, consumer protection, and many other legal and regulatory issues with few settled answers.

Just as important, the need for close collaboration among companies with widely varying cultures and approaches to compliance calls for a deep appreciation of the constraints under which the various participants in a mobile payment ecosystem must operate. As important is the new reality that merchants are questioning or seeking change in the traditional allocation of risks in the payment methods arena, including compliance risks.

This conference will explore these issues with a focus on the merchant's perspective and risks. Given the gateway position held by merchants, understanding merchant concerns will be of interest to all participants and we look forward to a robust discussion.

~ Andrew J. Lorentz, Esq., Steve Mott, and Holly K. Towle, Esq., Program Co-Chairs

What You Will Learn



Agenda

Monday, May 13, 2013

8:00 am

Registration Opens

 
8:30 am

Introduction & Overview

Andrew J. Lorentz, Esq., Program Co-Chair
Davis Wright Tremaine LLP / Washington, DC

Steve Mott, Program Co-Chair, Principal and CEO
BetterBuyDesign / Stamford, CT

Holly K. Towle, Esq., Program Co-Chair
K&L Gates LLP / Seattle, WA

 
8:45 am

A Detailed Look at Mobile Payments: Who are the Players and What Are Their Technologies?

Secure barcode transactions; emPace; EMV chip cards

Jane Cloninger, Director
Edgar, Dunn & Company / San Francisco, CA

 
9:30 am

What Lawyers Need to Start Thinking About

The birth of this new industry heralds a convergence of telecom and EFT networks, banking, retail, software and hardware. Is a perfect storm of legal and regulatory issues on the horizon?

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

 
10:15 am

Break

 
10:30 am

Mobile Payments at Point of Sale: What Should Merchants Be Asking Service Providers?

New players, innovations in the customer experience and resulting issues: How mobile payment systems are merging sources of customer behavioral information in new ways; areas where merchants need to pay particular attention to who collects what data

Steve Mott, Program Co-Chair, Principal and CEO
BetterBuyDesign / Stamford, CT

Who's holding the regulatory hot potatoes in the new mobile payments arena? Questions every merchant should ask (or consider) before signing up for a new mobile payment method

Holly K. Towle, Esq., Program Co-Chair
K&L Gates LLP / Seattle, WA

 
12:00 pm

Lunch (on your own)

 
1:15 pm

Payment Network Adaptations to Emerging Payments Models: What Merchants Need to Know About Coming Changes in Clearing and Settlements

Consumer payments and the regulatory structure for transferring funds: Regulation E (implementing the Electronic Fund Transfer Act); Regulation Z; implications for development of mobile payment systems

Kevin L. Petrasic, Esq.
Paul Hastings LLP / Washington, DC

Payment networks as the "rails" upon which payment transactions ride: How adaptations and new rules are altering the payment system landscape; the risk of unintended consequences for the development of emerging payments models

Duncan B. Douglass, Esq.
Alston & Bird LLP / Atlanta, GA

Technological innovation: Areas where new technologies have created opportunities for merchants to build their own structures and areas where we still need technological advances to catch up with the rules

Lisa Hrabosky, Director, Global Core Payments
PayPal / San Jose, CA

 
2:45 pm

Break

 
3:00 pm

Authentication: Card Present vs. Card Not Present

New ways to verify a customer's identity: Cloud-based options; transaction monitoring requirements; the difference between legally being able to look at a driver's license and storing the information on the card online

David A. Tallman, Esq.
K&L Gates LLP / Washington, DC

David M. Horn, Assistant Director, Northwest Regional Office
Federal Trade Commission / Seattle, WA

Branden R. Williams, Payment Strategy Consultant
Catchlights, Inc. / Flower Mound, TX

 
5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Davis Wright Tremaine LLP and K&L Gates LLP

 

Tuesday, May 14, 2013

8:30 am

What Merchants Need to Know About How the Key Players in the Mobile Payments Services Ecosystem Relate to Each Other

Interoperability: Standards setting processes, patent wars, and antitrust issues affecting deployment of mobile payment systems

Sean P. Gates, Esq.
Morrison & Foerster LLP / Los Angeles, CA

A look at other patent infringement disputes affecting mobile payments and how merchants can get caught in the middle; strategies for managing the threat of patent infringement, including new AIA procedures for handling patent infringement claims

Erica Wilson, Esq.
Davis Wright Tremaine LLP / San Francisco, CA

 
9:30 am

What Merchants Need to Know About Cellular Carriers as Essential Players in the Mobile Payments Services Ecosystem

Key issues in the basic service relationship between mobile payments systems and wireless telecommunications service providers

Paul Boyer, Esq., Associate General Counsel
Isis / Seattle, WA

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

 
10:30 am

Break

 
10:45 am

Privacy and Data Security Challenges in Targeted Advertising for Mobile Devices: Issues from Transmission of the Offer to Completion of the Payment Transaction

Advertising: Auto-dialing, text-messaging, telemarketing and spam regulations; industry best practices and initiatives (e.g., MMA Guidelines, CTIA Best Practices); regulatory landscape for behavioral advertising and location-based services; PCI compliance

Joseph J. Lewczak, Esq.
Davis & Gilbert LLP / New York, NY

Data security: Challenges unique to mobile payments that threaten to impede widespread consumer acceptance and adoption by businesses

Tracy Shapiro, Esq.
Wilson Sonsini Goodrich & Rosati / San Francisco, CA

 
11:45 am

Practical Tips for Selecting or Creating a Mobile Payments Program that Enhances Your Loyalty Program

David L. Beam, Esq.
K&L Gates LLP / Washington, DC

 
12:30 pm

Evaluations and Adjourn

 


Tuition

Regular tuition for this program is $1145 with a group rate of $860 each for two or more registrants from the same firm. For government employees, we offer a special rate of $765. For students and people in their job for less than a year, our rate is $572.50. 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 Tuesday, May 7, 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.

Continuing Education Credits

Live credits: This program qualifies for 10.25 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 John Davis Conference Center at 1201 Third Ave.#2200 in Seattle, WA 98101. Special thanks to Davis Wright Tremaine LLP for making this space available. Sleeping rooms are avaliable at the Hilton Seattle, 1301 Sixth Avenue. Call the hotel directly at (800) 445-8667 for reservations at the special negotiated rate of $169 and mention Law Seminars International. 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 $1155. 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

Andrew J. Lorentz, Program Co-Chair, partner at Davis Wright Tremaine LLP, focuses on the retail financial services sector, emphasizing payments and billing issues. He counsels major banks, global technology companies and international retailers on financial regulation, billing and payment systems.
Full bio and contact info for Andrew J. Lorentz at Davis Wright Tremaine LLP

Steve Mott, Program Co-Chair, Principal and CEO of BetterBuyDesign, is an acknowledged expert in the electronic payments industry and focuses on market trends, digital technology, security, and innovations in payments and financial services.

Holly K. Towle, Program Co-Chair, partner at K&L Gates LLP, focuses on payment systems, privacy, data security and electronic business issues. She co-wrote "The Law of Electronic Commercial Transactions", is listed among the top 25 Information Technology lawyers and is in The Best Lawyers in America.
Full bio and contact info for Holly K. Towle at K&L Gates LLP

David L. Beam, partner at K&L Gates LLP, advises clients on compliance of federal and state laws that regulate payment systems. He also negotiates transactions among parties involved in providing payment services, drafts consumer user agreements, and defends clients in government investigations and enforcement proceedings.
Full bio and contact info for David L. Beam at K&L Gates LLP

Paul Boyer, is Associate General Counsel of Isis, the mobile payments and commerce joint venture established by AT&T Mobility, T-Mobile USA and Verizon Wireless. Previously, he was Senior Director of Legal Affairs at T-Mobile and Director of International Alliances at MCI.

Jane Cloninger, Director at Edgar, Dunn & Company, is a leading expert in the payments industry advising issuers, merchants/co-brand partners, third party processors, major merchant acquirers and card associations.

Duncan B. Douglass, partner at Alston & Bird LLP, heads the payment systems practice while focusing on transactions and regulatory issues related to payment systems and products.

Sean P. Gates, partner at Morrison & Foerster LLP, litigates in antitrust, unfair competition, patent infringement, and trade secret matters. Previously, he was Deputy Assistant Director at the FTC, where he oversaw investigations involving loyalty discounts, patent pools, production joint ventures, anticompetitive litigation and state regulatory boards.

Brooks E. Harlow, principal at Lukas, Nace, Gutierrez & Sachs, LLP, has represented clients on banking and EFT Networks as well as communications and IP Network issues for many years. His connection with the banking and communications industries has earned him a position on the Advisory Board of the mobile payments startup Byndl, Inc.

David M. Horn, Assistant Director, Northwest Regional Office of the Federal Trade Commission, speaks frequently on privacy, mobile issues, and other consumer protection and antitrust topics. Previously, he was Assistant Attorney General and later Senior Counsel with the Washington State Attorney General's Office

Lisa Hrabosky, Director, Global Core Payments at PayPal, is responsible for developing and implementing card brand strategy and compliance, ACH regulatory and NACHA Rules management, and managing PayPal's global relationships with Visa and MasterCard.

Joseph J. Lewczak, partner at Davis & Gilbert LLP, represents multinational, national and local advertising agencies, promotions agencies, advertisers, direct marketers, and telemarketers in connection with all aspects of advertising, promotions, marketing, direct marketing and telemarketing.

Kevin L. Petrasic, partner in the Global Banking and Payment Systems practice at Paul Hastings LLP, focuses on compliance, bank/thrift and holding company regulation, and compliance laws impacting payment systems.

Tracy Shapiro, of counsel at Wilson Sonsini Goodrich & Rosati, focuses on privacy, data security, advertising and marketing practices. Previously, she was at the Federal Trade Commission (FTC) and in-house counsel for Yahoo!.

David A. Tallman, partner in the mortgage banking and consumer credit group at K&L Gates LLP, focuses on regulatory compliance matters, with an emphasis on mortgage and consumer lending issues, financial privacy and information security requirements.
Full bio and contact info for David A. Tallman at K&L Gates LLP

Daniel M. Waggoner, partner at Davis Wright Tremaine LLP, focuses on communications, media and intellectual property issues under the First Amendment, intellectual property laws and the Communications Act. He represents new and traditional media programmers and content providers. He has been named a "Best Lawyer" and "Super Lawyer".
Full bio and contact info for Daniel M. Waggoner at Davis Wright Tremaine LLP

Branden R. Williams, Payment Strategy Consultant at Catchlights, Inc., is experienced in technology and information security and helps clients solve payments issues including PCI DSS compliance and strategy.

Erica Wilson, partner at Davis Wright Tremaine LLP, focuses on patent litigation and strategic advice involving patents, trade secrets, and licensing and represents clients in complex technology in the computer software/hardware, computer networking and security, semiconductor, biometrics, biotechnology, and consumer products industries.
Full bio and contact info for Erica Wilson at Davis Wright Tremaine LLP