Law Seminars International Presents

The First Comprehensive Conference On

Blog Law & Blogging for Lawyers

New legal issues and new opportunities

April 20 & 21, 2006
JW Marriott (formerly known as the Pan Pacific Hotel) in San Francisco, CA
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Who Should Attend

All attorneys and business executives who need to know about recent developments in blogging for their business and/or for their clients' business

Why Attend

Blogs (short for "Web logs") are fomenting a wide variety of legal issues. Legal blogging, also known as "blawging," has become fully mainstream. No longer just for a few hip IP lawyers or a forum for law firm gossip, blogs are quickly replacing conventional Web sites as the key marketing tool for large and small firms alike to increase their visibility via the Internet. At the same time, a growing number of attorneys are being engaged to represent clients with problems arising from blogs. From employment issues to disputes over who owns the content, the legal consequences of blogging are expanding proportionately with the number of blogs -- which by one estimate are increasing at a rate of 70,000 per day. As the first comprehensive CLE conference to look at blogging both as a marketing tool for attorneys and as a legal gray area, this program offers attendees an extraordinary opportunity to get tips from the nation's top experts on starting a legal blog for their firms and making their existing blogs more effective, to hear the current status of case law directly from those who are involved, and to gain the insights of pioneers in the evolving world of blogging. ~Program Co-Chairs: Catherine S. Kirkman, Esq., and Dennis Crouch, Esq.

What You Will Learn

- Legal gray areas arising from the proliferation of Web logs - The future of blogging -- a passing fad or here to stay? - The extent to which bloggers qualify for the First Amendment protections afforded to journalists - Content ownership and syndication issues - Employment issues arising from blogging within corporations - The latest in blogging technology, including audio and video feeds - How to set up a blog for your law firm or make your current blog more effective - How blogs differ from regular Web sites in generating traffic -- and business -- for your firm - Ethics questions surrounding the blog as a law firm marketing tool - PLUS an on-the-ground report from several law firm bloggers

Agenda

Thursday, April 20, 2006

8:00 am Registration and Continental Breakfast
8:30 am Introduction & Overview
  Catherine S. Kirkman, Esq., Program Co-Chair
Wilson Sonsini Goodrich & Rosati / Palo Alto, CA
  Dennis Crouch, Esq., Program Co-Chair
McDonnell Boehnen Hulbert & Berghoff LLP / Chicago, IL
8:45 am Blog Technology
  A walk through blog terminology and the set up of a blog, highlighting the aspects of blog technology that raise issues for later discussion; common misperceptions about blogs
  Mary Hodder, Founder & CEO
Bloqx, Inc. / Berkeley, CA
9:30 am Blogging in the Corporate World
  Establishing a corporate blogging policy; case study in how a large public company launched a corporate blog--from obtaining buy-off from IR and legal to choosing the right personnel to blog and maintaining it as a viable corporate communications tool
  Jodi Baumann, Senior Manager, Corporate Public Relations
Network Appliance, Inc. / Sunnyvale, CA
10:15 am Break
10:30 am Issues Arising from Blogs as a Form of Online Publishing: Who Owns the Blog, Domain and Content? What is Fair Use? What are the Potential Liabilities?
  IP ownership & use issues: Fair use and clearance; trademarks and domain names; ownership conflicts between sponsoring company, hosting company, individual authors, individual contributors to a group blog, and guest contributors
  Raymond T. Nimmer, Esq., Director Intellectual Property and Information Law Institute
University of Houston Law Center / Houston, TX
  Liability issues: Defamation by author or commentators; Who besides the person making the statement is liable for what? How can you protect yourself against liability?
  Evan D. Brown, Esq.
Hinshaw & Culbertson LLP / Chicago, IL
12:00 pm Lunch (on your own)
1:15 pm A Case Study of a Conflict Between a Business and Bloggers: Trade Secret Protection vs. Free Speech, and the Extent to Which Bloggers and Small On-Line Publications Qualify for the First Amendment Protections Afforded Journalists
  Perspectives on Apple vs. Nick Deplume and Apple vs. Does: Should there be professional responsibility standards for bloggers? Are bloggers in a separate category from journalists? Can there be effective remedies for trade secret misappropriation?
  Catherine S. Kirkman, Esq., Moderator
Wilson Sonsini Goodrich & Rosati / Palo Alto, CA
  Bloggers' perspective
  Terry Gross, Esq.
Gross & Belsky LLP / San Francisco, CA
  Kurt Opsahl, Esq.
Electronic Frontier Foundation / San Francisco, CA
  Trade-secret owner's perspective
  Marc S. Martin, Esq.
Kirkpatrick & Lockhart Nicholson Graham LLP / Washington, DC
  Media law perspective, including considerations that went into the drafting of proposed legislation for Washington State defining the relationship between bloggers and media law
  Bruce E.H. Johnson, Esq.
Davis Wright Tremaine LLP / Seattle, WA
3:15 pm Break
3:30 pm Considerations for Blogging in the Corporate World
  Employment law issues: Authorized employee blogs; what happens when the blogger leaves the company; dealing with friendly and unfriendly unauthorized blogs
  Raymond H. Hixson, Jr., Esq.
Heller Ehrman LLP / Menlo Park, CA
  Securities law issues: Disclosures, forward-looking statements and other areas of concern
  Page Mailliard, Esq.
Wilson Sonsini Goodrich & Rosati / Palo Alto, CA
5:00 pm Reception Sponsored by Wilson Sonsini Goodrich & Rosati

Friday, April 21, 2006

8:00 am Registration and Continental Breakfast
8:30 am Blogging's Relationship with the Broader Cyber World
  Developments in other areas of cyber-law that bloggers, and lawyers dealing with issues arising from blogs, should know
  Lauren Gelman, Esq., Associate Director
Stanford Law School Center for Internet and Society / Stanford, CA
  Tips for the blogging world arising from Google's experience working though the copyright and trademark issues arising from indexing of web site content and its plan to digitize, index and make available every book ever printed
  Glenn Otis Brown, Esq., Product Advisor
Google Inc. / Mountain View, CA
10:00 am Break
10:15 am Content Syndication: What It Is; Models; Legal Issues; and Potential Problems
  Commercial models: Key issues to consider in setting up business relationships, including hiring and licensing bloggers, terms for content distribution and syndication, and revenue sharing models
  Rick Danis, Esq., Senior Legal Director
Yahoo! Inc. / Dallas, TX
  Open/Free model: Implied licenses arising from use of technology incorporating Creative Commons licenses; how to determine whether it is a potential problem
  Mia Garlick, Esq., General Counsel
Creative Commons / San Francisco, CA
11:15 am Ethics
  Resolving the conflict between the blogging ethos of people speaking the plain truth with lawyer's obligation to avoid harm to client; the legal blog (blawg) as advertising for the law firm; professional conduct and ethical issues
  Rory Little, Esq., Professor
University of California Hastings College of the Law / San Francisco, CA
  David Hricik, Esq., Professor
Mercer University School of Law / Macon, GA
12:15 pm Lunch (on your own)
1:30 pm The Business of Blogging and Blawging for Lawyers: A Nuts and Bolts Workshop
  Business/Marketing models; working out financial issues; software and platform options; specifying deliverables and other aspects of dealing with vendors; integrating a blawg into your strategic marketing plan
  Kevin O'Keefe, Esq., President & Founder
LexBlog, Inc. / Bainbridge Island, WA
3:00 pm Break
3:15 pm Real-World Report from Some Leading Blawgers
  Getting started; lessons learned; how it's helping the firm; how to measure results; integrating blogs into existing IT systems; critical content issues
  Dennis Crouch, Esq., Program Co-Chair, Moderator
McDonnell Boehnen Hulbert & Berghoff LLP / Chicago, IL
  Bennet S. Koren, Esq.
McGlinchey Stafford, PLLC / New Orleans, LA
  Gregory J. Kopta, Esq.
Davis Wright Tremaine LLP / Seattle, WA
  Denise M. Howell, Esq.
Reed Smith LLP / Los Angeles, CA
5:00 pm Evaluations & Adjourn

Tuition

Regular tuition for this program is $995 with a group rate of $895 each for two or more registrants from the same firm. For government employees, we offer a special rate of $795. For students and people in their job for less than a year, our rate is $497.50. 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, April 14, 2006. 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

Law Seminars International is a State Bar of California approved MCLE provider. This program qualifies for 13.5 California MCLE credits, including 1.0 ethics. Upon request, we will apply for CLE credits in other states and other types of credits.

Location

The conference will be held at the JW Marriott (formerly known as the Pan Pacific Hotel) at 500 Post Street in San Francisco, CA. Call the hotel directly at (415) 771-8600 for reservations at the special negotiated rate of $189 and mention that you are attending a Law Seminars International conference. 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 VHS or DVD recording and the written course materials, is available for $1005. The written course materials alone are available for $100. We will ship your homestudy order via UPS ground within two weeks after the seminar or the date we receive payment (whichever is later).
Order Homestudy

Faculty Bios

Dennis Crouch, Program Co-Chair, is a patent attorney at McDonnell Boehnen Hulbert & Berghoff LLP and author of the popular award-winning patent law blog, "Patently-O," which provides patent law news and practice tips to thousands of patent attorneys and portfolio managers each week. He has written extensively on issues involving patent and intellectual property law and co-authors bi-annual updates to the book "Patent Application Practice."

Catherine S. Kirkman, Program Co-Chair, is the author of the highly acclaimed Silicon Valley Media Blog. A Partner at Wilson Sonsini Goodrich & Rosati, she focuses her practice on intellectual property, licensing, and commercial transactions, with specialized expertise in media law, content licensing, and e-commerce. She also chairs the ABA Committee on Government Relations to Copyright.

Jodi Baumann is an enterprise technology PR veteran who has built global programs for Network Appliance and established NetApp as a brand to watch. Previously, she held senior PR and marketing communications roles at Weber Shandwick Worldwide and the Benjamin Group.

Evan D. Brown is the author and publisher of InternetCases.com and is a litigator at Hinshaw & Cultbertson LLP. His practice focuses on commercial and IP litigation at both the state and federal levels. Mr. Brown is also vice chair of the Internet Law Committee of the IP Law Association of Chicago and a member of the editorial board for "ID3 Podcast Magazine."

Glenn Otis Brown is Product Advisor at Google, where he works on Blogger and Orkut, among many other Google services. Before joining Google, Mr. Brown was Executive Director of Creative Commons and a lecturer at Stanford Law School.

Rick Danis is a Senior Legal Director at Yahoo! Inc. where he provides legal and business counseling to the Yahoo! Media Group, including the Yahoo! News, Finance, Games, Health, Sports, Tech, Education and Yahooligans sites. He has worked extensively on business and licensing issues concerning the aggregation and distribution of blogs.

Mia Garlick is General Counsel at Creative Commons, a non-profit organization dedicated to promoting flexible copyright for creative work. In private practice, she advised clients in advertising, broadcasting, finance, Internet and technology, recording, and news.

Lauren Gelman is the Associate Director of Stanford Law School's Center for Internet and Society (CIS), where she writes and speaks about the interaction of new technologies and the law, represents clients in Internet litigation and advocacy matters, consults with businesses on new technologies, and supervises students in the Cyberlaw Clinic.

Terry Gross, a Partner at Gross & Belsky LLP, has engaged in significant complex litigation around the country on behalf of private clients and civil liberties organizations, such as the National Emergency Civil Liberties Committee, the Bill of Rights Foundation, and the Electronic Frontier Foundation. As a pioneer in Internet law, Mr. Gross has represented content providers in negotiations with networks, advised on domain name disputes, and litigated jurisdictional issues raised by Internet activity.

Raymond H. Hixson, a Shareholder in Heller Ehrman LLP, is an experienced litigator who regularly represents employers before state and federal courts and governmental agencies. His experience covers a wide variety of employment law matters, including laws dealing with employment discrimination, wage and hour requirements, employee raiding, unfair competition, trade secrets, disability accommodation, leaves of absence, and workforce reductions.

Mary Hodder is Founder and CEO of Bloqx, Inc., a Web-based multimedia startup. An information architect and interaction designer, she develops extreme usability methods for web service companies with social media sites.

Denise M. Howell of Reed Smith LLP is an appellate and intellectual property litigator. Her blog, Bag and Baggage, was one of the first legal blogs on the Web and has been featured in the "ABA Journal," "California Lawyer," and several other publications.

David Hricik is an Associate Professor of Law at Mercer University School of Law, where he teaches ethics; intellectual property and Internet law; patent law and litigation; and remedies and alternative dispute resolution.

Bruce E.H. Johnson, chair of Davis Wright Tremaine LLP's Privacy and Security Group, concentrates his practice on constitutional and commercial litigation, and defamation and privacy liability matters. He blogs on current privacy and security topics for privsecblog.com, and represents lawyers and law firms on ethics and professional responsibility issues.

Gregory J. Kopta, a Partner at Davis Wright Tremaine LLP, represents competitive telecommunications clients before regulatory agencies and before state and federal courts. He contributes regularly to the firm's telecommunications blog.

Bennet S. Koren, a Member of McGlinchey Stafford, PLLC, is Editor-in-Chief of the firm's Hurricane Law Blog. Previously in-house counsel at Citicorp, he has more than 20 years' experience in bank regulatory and consumer credit law. Mr. Koren has been listed in "Best Lawyers in America" since 1995.

Rory Little, a Professor at the University of California Hastings College of the Law, lectures nationally on criminal law topics, appellate advocacy techniques, and legal ethics. He serves on the ABA's Standing Committee on Criminal Justice Standards, and previously served on the ABA's Standing Committee on Legal Ethics.

Page Mailliard is a Partner at Wilson Sonsini Goodrich & Rosati, where she specializes in corporate, securities, and venture capital law. Her practice focuses on emerging-growth companies across a broad range of industries, including media technology, information technology infrastructures, telecommunications, software, e-commerce, and life sciences. Ms. Maillard advises companies on corporate formation, public offerings, mergers, acquisitions, joint ventures, disclosure matters, and other complex legal issues.

Marc S. Martin, a Partner with Kirkpatrick & Lockhart Nicholson Graham LLP, focuses his practice on transactional and regulatory matters in the communications, media and technology sectors. He has created a wide variety of cutting edge agreements for the distribution and repurposing of content via mobile, broadcast, cable, satellite and online networks. Prior to joining K&LNG, Mr. Martin served as the founding chief legal officer of Convera Corporation, BET.com, LLC, and AmericaOne Communications, Inc.

Raymond T. Nimmer is Leonard Childs Professor of Law and Director, Intellectual Property and Information Law Institute, at the University of Houston Law Center. He has authored over ten books, including "The Law of Computer Technology," and was Reporter to the National Conference of Commissioners on Uniform State Laws for its new commercial code.

Kevin O'Keefe, President and Founder of LexBlog, was a trial lawyer for 17 years. He founded Prairielaw.com, the leading online law community for consumers and small businesspeople, acquired by LexisNexis in 2001 and now incorporated into Martindale-Hubbell's lawyers.com. His own blog is entitled Real Lawyers :: Have Blogs.

Kurt Opsahl is a Staff Attorney with the Electronic Frontier Foundation focusing on civil liberties, free speech, and privacy law. Before joining EFF, Opsahl worked at Perkins Coie, where he represented technology clients with respect to intellectual property, privacy, defamation, and other online liability matters, including working on Kelly v. Arribasoft, MGM v. Grokster and CoStar v. LoopNet.