University of Texas School of Law

UT Law CLE

2010 Technology Law Conference

Program Features
UT Law's Technology Law Conference includes a nationally-recognized faculty and focuses on key issues involving licensing and technology agreements, trade secrets, open source compliance and litigation, outsourcing copyright and trademark, and privacy and security in the cloud.

The 2010 program includes special coverage of M&A and bankruptcy in the tech sector as well as effective use of social media.

UT Law CLE

2010 Technology Law Conference

7/18/18
Schedule

Thursday Morning, May 27, 2010

Presiding Officer:
Dawn Estes, Taber Estes Thorne & Carr PLLC - Dallas, TX

8:00 am
Registration Opens

Includes continental breakfast.

8:50 am
Welcoming Remarks

9:00 am

1.00 hr

Advanced Issues involving Licensing and Technology Agreements

What practitioners need to know about structuring and negotiating complex license agreements and other technology contracts. Includes drafting tips, a review of risk mitigation strategies and an update on current trends in light of recent cases and other current developments.

Edward A. Cavazos, Bracewell & Giuliani LLP - Austin, TX
James M. Vickery, DLA Piper - Austin, TX

10:00 am

0.50 hr

Special Licensing Issues Involved with Spin-Outs: Joint IP, Cross-Licensing and More

In typical spin-outs and similar transactions, there are often complex questions involving cross-licensing and joint ownership of intellectual property. This session addresses the special issues involved in such transactions, and provides tips and sample clauses to successfully address these issues.

Dean William Harvey, Vinson & Elkins LLP - Dallas, TX
Eric M. Reifschneider, Dewey & LeBoeuf LLP - East Palo Alto, CA

10:30 am
Break

10:45 am

0.75 hr

Technology Licensing and Contract Clauses: What Gets Litigated and Who Wins

Three experienced technology contract litigators discuss what clauses and language are most frequently litigated in technology agreements; how such disputes are typically decided; and how those drafting agreements can improve their agreements and clauses to make sure their reps, warranties, and clauses prevail.

Moderator:
Michael P. Adams, Winstead PC - Austin, TX
Panelists:
Eric J. Mayer, Susman Godfrey LLP - Houston, TX
Panelists:
Kevin James Meek, Baker Botts L.L.P. - Austin, TX

11:30 am

0.75 hr

Perfecting Trade Secrets: Common Pitfalls and Best Practices, including Related Issues on NDAs and Non-Competes

"Trade secrets" are easy to claim but frequently such information is determined as unprotected because of failures to properly identify, maintain and protect it. In this session, panelists identify common mistakes and advise how to do it right, as well as provides an update on the latest developments and status of NDAs and non-competes, with emphasis on Texas law.

Moderator:
Alan D Albright, Bracewell & Giuliani LLP - Austin, TX
Panelists:
Jennifer B. Wuamett, Freescale Semiconductor, Inc. - Austin, TX
Panelists:
Hon. Lee Yeakel, U.S. District Court, Western District of Texas - Austin, TX

Thursday Afternoon, May 27, 2010

Presiding Officer:
Robert L. King, Silicon Laboratories - Austin, TX

12:15 pm
Lunch on your Own

1:30 pm

0.50 hr

Open Source: The Era of Litigation and Enforcement Is Upon Us

The last two years have seen the First U.S. Circuit level opinion in an open source case, and the first lawsuits by FSF and SFLC. Corporations are beginning to file claims to enforce GPL. Open source lawsuits are unique—they require an informed analysis of open source legal issues, understanding of the political landscape, and spin control. This session comprises a discussion how to react to open source claims, including lawsuits, and how to avoid becoming a household name in open source enforcement.

Heather J. Meeker, Greenberg Traurig LLP - East Palo Alto, CA

2:00 pm

0.75 hr

Open Source: Business Implementation, In-House Development and Compliance Considerations

How are companies making business decisions to use open source, manage liability and oversee compliance for both internally-developed and purchased or acquired software? A panel of experts discusses approaches to evaluating and managing compliance risks involving open source.

Moderator:
Heather J. Meeker, Greenberg Traurig LLP - East Palo Alto, CA
Panelists:
Ranjeev Kumar Singh, Freescale Semiconductor, Inc. - Austin, TX
Panelists:
Brian J. Wolf, Avaya Inc. - Milpitas, CA

2:45 pm

0.75 hr

Top Ten Outsourcing Mistakes and How to Avoid Making Them

The panel discusses best practices in outsourcing contracts and provides guidance to deal with typical scenarios that arise in outsourcing arrangements from both the vendor and customer perspectives.

Moderator:
Robert R. Robinson, BancTec, Inc. - Irving, TX
Panelists:
Jeffrey B. Andrews, Thompson & Knight LLP - Houston, TX
Panelists:
David N. Guedry, Jones Day - Dallas, TX

3:30 pm
Break

3:45 pm

1.17 hrs
0.25 hr ethics

M&A in the Technology Sector: Key Issues and Special Considerations in Acquisitions of Technology Companies

This session addresses various M&A issues that arise in acquisitions of technology companies, including special "clean room" procedures for handling sensitive technology in the due diligence process; why counsel should pay close attention to "residuals" clauses and non-solicitation and standstill provisions in confidentiality agreements; potential traps in negotiating IP-related representations and warranties; the legal significance of "non-reliance" clauses; and issues relating to shared technology in divisional sales. Post-closing issues, including the role of in-house counsel in integrating acquired businesses, are also discussed.

Moderator:
Richard E. Climan, Dewey & LeBoeuf LLP - East Palo Alto, CA
Panelists:
J. Robert Suffoletta, Wilson Sonsini Goodrich & Rosati, P.C. - Austin, TX
Panelists:
Keith E. Witek, Advanced Micro Devices, Inc. - Austin, TX

4:55 pm

0.75 hr ethics

The Ethics of Negotiation: Are There Any?

The Texas Disciplinary Rules of Professional Conduct are filled with gray areas and traps for the unwary transactional lawyer. Is everything short of fraud allowed in negotiations? Mike Rubin leads a fast-paced presentation with points to ponder, hypotheticals to consider, and something to smile about.

Jason Boulette, Boulette & Golden L.L.P. - Austin, TX

5:40 pm
Adjourn to Reception

Friday Morning, May 28, 2010

Presiding Officer:
Barry Stephen Newberger, Advanced Micro Devices, Inc. - Austin, TX

8:00 am
Conference Room Opens

Includes continental breakfast.

8:30 am

0.75 hr ethics

Lawyer Communications on the Web: Malpractice, Liability and Ethical Issues

How to avoid the digital traps, or at least know when the ice under you is getting thin.

Robert L. Tobey, Johnston Tobey, P.C. - Dallas, TX

9:15 am

1.00 hr

Privacy and Security in the Cloud

What privacy and security issues arise when data storage and processing take place in the cloud? Is a new privacy framework required? Who is responsible to ensure compliance with national and local privacy law? This panel addresses threats that arise due to remote hosting and processing of data, and how and to what extent companies should be overseeing their cloud service providers with respect to the handling of personal information. Does the cloud permit increased third-party access to data for both private individuals (via subpoena) and governments (via the Patriot Act, for example)? To what extent may cloud providers mine user data for economic and strategic gains? What are the options for controlling movement of data and limiting liability for security and privacy breaches through contract language and indemnity agreements?

Moderator:
Bart W. Huffman, Cox Smith Matthews Inc. - San Antonio, TX
Panelists:
Peter D. Kennedy, Graves, Doughtery, Hearon & Moody, P.C. - Austin, TX
Panelists:
Alan Charles Raul, Sidley Austin LLP - Washington, DC

10:15 am
Break

10:30 am

0.50 hr

Key Export Compliance Tips: A Guide for Technology Lawyers

Important tips for technology lawyers to ensure compliance with U.S. export controls, sanctions and embargos. Topics covered include export jurisdiction and classification, encryption controls and key licensing issues.

Marian E. Ladner, Ladner & Associates PC - Houston, TX
Thomas P. Scott III, Ladner & Associates PC - Washington, DC

11:00 am

0.75 hr

Current Copyright Developments and Select Trademark Issues

Current copyright issues and case law developments, plus select trademark issues.

Pamela B. Huff, Cox Smith Matthews Inc - San Antonio, TX
David G. Swenson, Baylor University School Of Law - Waco, TX

Friday Afternoon, May 28, 2010

Presiding Officer:
David Andrew Bain, DataCert Inc. - Houston, TX

LUNCHEON PRESENTATION

11:45 am
Pick up Box Lunch

Included in conference registration fee.

12:00 pm

0.67 hr

Social Media, Part 1: Telling Your Story and Managing the Conversation

This session focuses on best communication practices in business and marketing, including some related legal tensions.

Keith Blanchard, Story Worldwide - New York, NY
Bart W. Huffman, Cox Smith Matthews Inc. - San Antonio, TX

12:40 pm
Break

12:50 pm

0.75 hr
0.25 hr ethics

Social Media, Part 2: Effective Use of Social Media Tools and Managing the Related Liabilities and Risks

An overview of the use of social media by employees, employers, labor unions and lawyers, and the emerging legal issues associated with same. Also discussed are the issues associated with regulating the use of social media both inside and outside of the workplace. Sample social media policies are examined.

Jason Boulette, Boulette & Golden L.L.P. - Austin, TX
Chris James, Advanced Micro Devices, Inc. - Austin, TX

1:35 pm

0.50 hr

The Admissibility of Electronic Evidence

How to offer and how to object to electronic evidence.

Steven Goode, The University of Texas School of Law - Austin, TX

2:05 pm

0.50 hr

Bankruptcy Issues involving Technology Licenses and Asset Purchases

This session outlines key bankruptcy risks involving typical technology licensing transactions, and provides recommendations on how best to minimize such risks from both licensor and licensee perspectives. The session also touches on special considerations for purchasers of distressed IP assets out of bankruptcy. Session materials cover recording and perfecting of assignments, licenses and security interests, including preemption of UCC by copyright and patent statutes.

Evelyn H. Biery, Fulbright & Jaworski L.L.P. - Houston, TX
Charles D. Huston, Daffer McDaniel LLP - Austin, TX

2:35 pm

0.50 hr

What Technology Companies Need to Know about Campaign Finance

The U.S. Supreme Court opinion in Citizens United v. Federal Election Commission (January, 2010) revises and in some cases repeals more than 100 years of federal law relating to permissible political campaign activities by corporations. This discussion provides you with information regarding the political campaign expenditures which Texas and other corporations may now make as a result of the Supreme Court's opinion and those expenditures and activities which continue to be prohibited.

J. Gaylord Armstrong, McGinnis, Lochridge & Kilgore, L.L.P. - Austin, TX

3:05 pm
Adjourn

UT Law CLE

2010 Technology Law Conference

Faculty

Conference Faculty

Michael P. Adams
Winstead PC
Austin, TX
Alan D Albright
Bracewell & Giuliani LLP
Austin, TX
Jeffrey B. Andrews
Thompson & Knight LLP
Houston, TX
J. Gaylord Armstrong
McGinnis, Lochridge & Kilgore, L.L.P.
Austin, TX
Evelyn H. Biery
Fulbright & Jaworski L.L.P.
Houston, TX
Keith Blanchard
Story Worldwide
New York, NY
Jason Boulette
Boulette & Golden L.L.P.
Austin, TX
Edward A. Cavazos
Bracewell & Giuliani LLP
Austin, TX
Richard E. Climan
Dewey & LeBoeuf LLP
East Palo Alto, CA
Steven Goode
The University of Texas School of Law
Austin, TX
David N. Guedry
Jones Day
Dallas, TX
Dean William Harvey
Vinson & Elkins LLP
Dallas, TX
Pamela B. Huff
Cox Smith Matthews Inc
San Antonio, TX
Bart W. Huffman
Cox Smith Matthews Inc.
San Antonio, TX
Charles D. Huston
Daffer McDaniel LLP
Austin, TX
Chris James
Advanced Micro Devices, Inc.
Austin, TX
Peter D. Kennedy
Graves, Doughtery, Hearon & Moody, P.C.
Austin, TX
Marian E. Ladner
Ladner & Associates PC
Houston, TX
Eric J. Mayer
Susman Godfrey LLP
Houston, TX
Kevin James Meek
Baker Botts L.L.P.
Austin, TX
Heather J. Meeker
Greenberg Traurig LLP
East Palo Alto, CA
Alan Charles Raul
Sidley Austin LLP
Washington, DC
Eric M. Reifschneider
Dewey & LeBoeuf LLP
East Palo Alto, CA
Robert R. Robinson
BancTec, Inc.
Irving, TX
Thomas P. Scott III
Ladner & Associates PC
Washington, DC
Ranjeev Kumar Singh
Freescale Semiconductor, Inc.
Austin, TX
J. Robert Suffoletta
Wilson Sonsini Goodrich & Rosati, P.C.
Austin, TX
David G. Swenson
Baylor University School Of Law
Waco, TX
Robert L. Tobey
Johnston Tobey, P.C.
Dallas, TX
James M. Vickery
DLA Piper
Austin, TX
Keith E. Witek
Advanced Micro Devices, Inc.
Austin, TX
Brian J. Wolf
Avaya Inc.
Milpitas, CA
Jennifer B. Wuamett
Freescale Semiconductor, Inc.
Austin, TX
Hon. Lee Yeakel
U.S. District Court, Western District of Texas
Austin, TX

Planning Committee

Dawn Estes—Co-Chair
Taber Estes Thorne & Carr PLLC
Dallas, TX
Bart W. Huffman—Co-Chair
Cox Smith Matthews Inc.
San Antonio, TX
Michael P. Adams
Winstead PC
Austin, TX
David Andrew Bain
DataCert Inc.
Houston, TX
Walter Earl Bissex
Bissex & Watson, P.C.
Houston, TX
Karen Boyd
Turner Boyd LLP
Palo Alto, CA
Daniel J. Brennan
Dell Inc.
Round Rock, TX
Christopher T. Brown
Netspend Corporation
Austin, TX
Christopher J. Byrne
Tessera, Inc.
San Jose, CA
Randall E. Colson
Haynes and Boone, LLP
Dallas, TX
Andrew Scott Ehmke
Haynes & Boone
Dallas, TX
Michael J. Esposito
The University of Texas School of Law
Austin, TX
Robert Eric Falstad
Sematech, Inc.
Austin, TX
Andrew James Gajkowski
Bracewell & Giuliani LLP
Austin, TX
Peter D. Kennedy
Graves, Doughtery, Hearon & Moody, P.C.
Austin, TX
Robert L. King
Silicon Laboratories
Austin, TX
William L. Lafuze
Vinson & Elkins LLP
Houston, TX
Jonathan Ethan Lass
Clark Thomas & Winters, P.C.
Austin, TX
Louise K. Miller
Daffer McDaniel LLP
Austin, TX
Mark L. Murdock
Attorney At Law
Austin, TX
Eric L. Natinsky
West Lake Hills, TX
Barry Stephen Newberger
Advanced Micro Devices, Inc.
Austin, TX
Erick Robinson
Friedman Suder & Cooke
Fort Worth, TX
Robert R. Robinson
BancTec, Inc.
Irving, TX
John Michael Shumaker
McKool Smith Pc
Austin, TX
David Strouse
Iron Mountain Digital
Bell, CA
J. Robert Suffoletta
Wilson Sonsini Goodrich & Rosati, P.C.
Austin, TX
Michele Barbero Thompson
Austin, TX
Steven Marshall Tyndall
Baker Botts LLP
Austin, TX
James M. Vickery
DLA Piper
Austin, TX
Keith E. Witek
Advanced Micro Devices, Inc.
Austin, TX

UT Law CLE

2010 Technology Law Conference

Credit Information

MCLE Credit

Texas
12.75 hrs  |  2.00 hrs Ethics
Additional Information
A Texas MCLE Reporting Form will be included in your course materials. Please complete and return to the registration desk and UT Law CLE will report credit on your behalf to the State Bar of Texas, or you can self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Attendance will be provided at the conference to keep for your records.  
California
12.75 hrs  |  2.00 hrs Ethics
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will maintain Attendance Records for four years.  
Other States
Note on Self-Reporting Your Credits in Another State
If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state before taking the program to ensure it will qualify for self-reporting your credits.

Other Credit

TX Accounting CPE
14.00 hrs
Additional Information
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you will need to sign in on the Accounting CPE Record of Attendance form at the registration desk. You will receive a Texas Accounting Certificate of Completion at the conference for your records. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

UT Law CLE

2010 Technology Law Conference

Key Dates

Austin

  • Last day for Standard Registration early registration: May 19, 2010
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): May 21, 2010
  • Last day for cancellation (partial refund): May 24, 2010
    $50 processing fee applied

UT Law CLE

2010 Technology Law Conference

Hotel / Venue

Austin

Four Seasons Hotel

98 San Jacinto Blvd
Austin, TX 78701-4082
512.685.8100 (reservations)
Map

Accommodations

$210.00 good through May 5, 2010

Parking Information

$10 Valet per day, $28.50 Overnight Valet

UT Law CLE

2010 Technology Law Conference

Sponsors