University of Texas School of Law
28th Annual
Technology Law Conference
Austin May 21-22, 2015 Four Seasons Hotel
Conference Concluded
Live Webcast May 21-22, 2015
Conference Concluded

SPONSORS
Baker Botts
Bissex & Watson, P.C.
Dell
Fish & Richardson P.C.
Graves, Dougherty, Hearon & Moody
Haynes and Boone, LLP
Jackson Walker L.L.P.
Jones & Spross PLLC
Locke Lord LLP
Norton Rose Fulbright
O'Melveny & Myers LLP
Pillsbury Winthrop Shaw Pittman LLP
Vinson & Elkins LLP
Wilson Sonsini Goodrich & Rosati, P.C.
Winston & Strawn LLP

UT Law CLE

2015 Technology Law Conference

Program Features
Join a nationally-recognized faculty of technology and licensing practitioners, in-house counsel from leading tech companies, and experts in copyright, trademark, open source, and data privacy and security at UT Law’s 28th Annual Technology Law Conference for the latest issues affecting the technology industry. This year’s program features:
  • Advanced licensing—learn practical negotiation and drafting strategies, including key clauses in light of recent developments
  • Cloud computing—gain insight into business, legal and regulatory issues, as well as negotiation strategies for  service agreements
  • Explore key issues and challenges that arise in spin-out and carve-out transactions
  • What’s New with Crowdfunding and the implications of changes to the Texas Securities Act
  • Better to Ask Forgiveness than Permission? GCs from HomeAway and Green Dot Corporation discuss the legal and ethical issues faced by tech startups with innovative business models
  • Hear an update on the Texas Uniform Trade Secrets Act and get tips for minimizing risk when hiring key talent from direct competitors
  • Responses to a Data Breach: Incident Response Planning and Advanced Preparedness
  • Examine dispute resolution clauses used in technology transactions and gain practical advice on drafting and negotiating key contracts
  • A distinguished panel of U.S. District Court Judges and practitioners discuss the Ethics of Electronic Discovery and New Technology
  • Recent developments in technology case law, plus the latest on open source licensing, digital media streaming, and more
  • Network with program faculty and attendees at the Thursday Evening Reception

UT Law CLE

2015 Technology Law Conference

9/24/18
Schedule

Thursday Morning, May 21, 2015

Presiding Officer:
Heather J. Meeker, O'Melveny & Myers LLP - Menlo Park, CA

7:30 am

Austin Only

Registration Opens

Includes continental breakfast.

8:20 am
Welcoming Remarks

8:30 am

1.00 hr

Advanced Licensing

With more and more companies monetizing their intellectual property through licensing arrangements and other forms of technology transactions, courts continue to develop licensing law and contract principles at an ever-increasing pace. Review important key agreement clauses in light of recent developments, with an emphasis on practical drafting and negotiating strategies.

Edward A. Cavazos, Pillsbury Winthrop Shaw Pittman LLP - Austin, TX
Kirk Larson, Upland Software, Inc. - Austin, TX

9:30 am

1.00 hr

Open Source Licensing Update

The latest trends in open source licensing, including practical strategies for minimizing risk, plus enforcement updates and the latest in multi-party industry open source collaboration.

Heather J. Meeker, O'Melveny & Myers LLP - Menlo Park, CA

10:30 am
Break

10:45 am

1.00 hr

Cloud Computing: Critical Business, Technology, Legal, and Regulatory Considerations and Negotiation Strategies

Gain insight into critical business, technology, legal, and regulatory issues regarding Cloud services, as well as key negotiation points from both customer and provider perspectives.

Moderator:
Sheryl A. Falk, Partner, Winston & Strawn LLP - Houston, TX
Panelists:
Randall E. Colson, Haynes and Boone, LLP - Dallas, TX
Bart W. Huffman, Locke Lord LLP - Austin, TX
Christopher M. Koa, Dorsey & Whitney - Seattle, WA

11:45 am

0.75 hr

Key Dispute Resolution Clauses in Technology-Related Contracts

Explore the pros and cons of various dispute resolution processes with respect to technology-related agreements. Examine several typical ADR clauses used by in-house counsel in such agreements, with feedback through the lens of outside litigation counsel (including discussion of international arbitration).

Moderator:
Jessica Neufeld, Munsch Hardt Kopf & Harr, P.C. - Austin, TX
Panelists:
David C. Mattka, Munsch Hardt Kopf & Harr, P.C. - Austin, TX
Minh-Hien Nguyen, Dell - Round Rock, TX

12:30 pm

Austin Only

Lunch On Your Own (in Austin)

Thursday Afternoon, May 21, 2015

Presiding Officer:
William L. LaFuze, McKool Smith - Houston, TX

1:45 pm

1.00 hr

Take It Down! Getting Material Off the Internet

Strategies and options for removing or preserving controversial and/or infringing material posted on the internet in the U.S., including the availability of injunctive relief and remedies, copyright and trademark claims, and balancing pros and cons of taking action in the social media sphere, plus how international companies deal with the "right to be forgotten” in foreign jurisdictions.

Peter D. Kennedy, Graves, Dougherty, Hearon & Moody - Austin, TX
Brandon M. Ress, Norton Rose Fulbright US, LLP - Austin, TX

2:45 pm

0.75 hr

Beyond Hashtags: Promotions and Advertising on the Digital Platform

Hot topics in marketing and promotions using new technologies and social platforms to deliver corporate messages, plus legal updates including the new FTC “Dot Com” disclosures and updates on the Telephone Consumer Privacy Act, Big Data, and Sweepstakes laws.

Tsan Abrahamson, Cobalt Law, LLP - Berkeley, CA

3:30 pm
Break

3:45 pm

0.75 hr

New Payment Systems

Hear how Moore's Law applies to the growth in innovation in payments with new technology driving down friction and increasing utility.

Robert Courtneidge, Locke Lord LLP - London, United Kingdom

4:30 pm

1.00 hr
0.50 hr ethics

Responses to a Data Breach: Incident Response Planning and Advanced Preparedness

Hear unique perspectives with extensive experience in breach preparedness and response on suggestions for preparedness and planning, the use of service providers and consultants, and related tips for responsible information security practices in the still-emerging cyber frontier.

Moderator:
Bart W. Huffman, Locke Lord LLP - Austin, TX
Panelists:
Jamie May, AllClear ID - Austin, TX
Daniel Schroeder, Habif, Arogeti & Wynne, LLP - Atlanta, GA
Sheila D. Stine, Texas Health and Human Services Commission - Austin, TX

5:30 pm
Adjourn

Austin Only

NETWORKING RECEPTION (5:30 p.m. to 6:30 p.m.)

THANK YOU TO OUR SPONSORS

Join us for drinks and hors d'oeuvres with program faculty and attendees.

Friday Morning, May 22, 2015

Presiding Officer:
Walter Earl Bissex, Bissex & Watson, P.C. - Houston, TX

8:00 am

Austin Only

Conference Room Opens

Includes continental breakfast.

8:30 am

0.50 hr

Recent Developments in Technology Law

A look at changes in the law that technology companies need to know including new law impacting patent and copyright liability for sale of “Apps” and interoperability of software, pending patent reform litigation, U.S. and EU FRAND licensing law developments, limitations on patent demand letters, implementation of Texas Uniform Trade Secrets Act, and other new developments. 

David M. Hoffman, Fish & Richardson P.C. - Austin, TX
Materials By:
David J. Healey, Fish & Richardson P.C. - Houston, TX

9:00 am

0.50 hr

Alice v. CLS Bank: Implications for Technology Transactions and Litigation

The Alice decision and the reawakening of Section 101 as an invalidity weapon against certain classes of patents has altered the playing field of patent litigation with non-practicing entities. What has caused this shift? Is it sustainable? How do practitioners that are building patent portfolios navigate the new landscape?

Kevin J. Meek, Baker Botts L.L.P. - Austin, TX

9:30 am

0.50 hr

Complex Technology and Intellectual Property Transactions

Technology transactions have unique issues, considerations and uses. Analyze issues central to the success or failure of a technology transaction involving a continuing supply of goods or services, and review some often‐overlooked issues such as client considerations, economics of the deal, vendor incentives, performance criteria, use of milestones, trade‐offs, termination, transition provisions, technological separation, as well as the risks involved with termination.

Jonathan Lass, Jackson Walker L.L.P. - Austin, TX
Bob Robinson, Shields Legal Group - Addison, TX

10:00 am
Break

10:15 am

0.50 hr

What's New with Crowdfunding: The Texas State Securities Board Takes Action

Review recent developments in crowdfunding with a focus on the changes to the Texas Securities Act and the implications of such changes from a legal and business perspective.

J. Robert Suffoletta, Wilson Sonsini Goodrich & Rosati, P.C. - Austin, TX
Hall T. Martin, Texas Entrepreneur Networks - Austin, TX

10:45 am

1.00 hr

M&A: Spin-outs and Carve-outs

Explore unique challenges that arise in spin-out and carve-out transactions, including key issues faced by buyers and sellers, disposition and licensing of intellectual property (including patents, trademarks, know-how, and software), transfer and continued performance of key contracts, dealing with personal data, and performance of integration and transition services.

Moderator:
John P. Brockland, Weil, Gotshal & Manges LLP - Redwood Shores, CA
Panelists:
Samantha Hale Crispin, Baker Botts L.L.P. - Dallas, TX
John D. Holmes, Freescale Semiconductor - Austin, TX
Keith E. Witek, Advanced Micro Devices, Inc. - Austin, TX

11:45 am

Austin Only

Pick Up Lunch (in Austin)

Included in registration.

Friday Afternoon, May 22, 2015

Presiding Officer:
Bart W. Huffman, Locke Lord LLP - Austin, TX

LUNCHEON PRESENTATION

12:05 pm

1.00 hr ethics

Better to Ask Forgiveness than Ask Permission? Tech Startups and Disruptive Business Models

From the sharing economy to digital money, much of the business action in tech now involves innovation in highly-regulated industries—with products and services that may not fit into long-established rules. How do we navigate the legal and ethical issues when the business runs into a direct conflict with existing law, but management wants to press ahead?

Moderator:
Christopher T. Brown, Attorney at Law, PLLC - Austin, TX
Panelists:
Melissa Frugé, HomeAway - Austin, TX
Adam Goldman, Capitol Partners Consulting - Austin, TX
John C. Ricci, Green Dot Corporation - Pasadena, CA
Thomas H. Watkins, Husch Blackwell LLP - Austin, TX

 
1:05 pm
Break

1:20 pm

0.50 hr

Copyright Update: Digital Media Streaming Issues

Will the 2015 “Copyright and the Music Marketplace” recommendations from the U.S. Copyright Office resolve or create more issues related to the streaming of music? Take a look at the current state of interactive versus non-interactive streaming, pending cases regarding digital streams of Pre-72 sound recordings, and whether or not the DMCA is working.

Tamera H. Bennett, Bennett Law Office, PC - Lewisville, TX

1:50 pm

0.50 hr

Coffee Shop Office Blues: Legal Issues for a Mobile Workforce

An overview of the legal issues implicated by today’s co-working, power-commuting, remote office-using mobile workforce, including IP ownership, company property protection, confidentiality preservation, and wage and hour concerns.

Laura M. Merritt, Boulette Golden & Marin L.L.P. - Austin, TX

2:20 pm

0.75 hr
0.50 hr ethics

Protecting Trade Secrets While Hiring from the Competition

Analyze the Texas Uniform Trade Secrets Act and its effect on theft of trade secret claims, with in-depth discussion of techniques for minimizing the likelihood of suit and maximizing the probability of success when hiring key talent from direct competitors. Explore the requirements of the Texas Disciplinary Rules of Professional Conduct as they relate to dealing with unrepresented and represented executives while they are still working for the competitor and during any litigation that ensues following their departure.

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

3:05 pm

0.75 hr ethics

Ethics of eDiscovery

A discussion of best practices and ethical issues in handling electronic discovery during litigation. Judges share their philosophies concerning approaches to managing eDiscovery issues in their courts, including procedural issues, production disputes, noncooperation, noncompliance with court orders, proportionality, waiver, and use of special discovery masters. Hear recent developments in eDiscovery law, including legal holds, predictive coding, proportionality, discovery of social media and personal devices’ data pursuant to BYOD policy, privilege preservation, sanctions, spoliation and obstruction. Gain practical insight on reducing unnecessary eDiscovery costs, best use of Rule 26 conferences, considerations in forms of production, and alternative review strategies in document-intensive cases.

Moderator:
Jonathan Lass, Jackson Walker L.L.P. - Austin, TX
Panelists:
Eric J. Mayer, Susman Godfrey LLP - Houston, TX
Hon. Robert L. Pitman, U.S. District Court, Western District of Texas - San Antonio, TX
Hon. Xavier Rodriguez, U.S. District Court, Western District of Texas - San Antonio, TX
Hon. Lee Yeakel, U.S. District Court, Western District of Texas - Austin, TX

3:50 pm
Adjourn

UT Law CLE

2015 Technology Law Conference

Faculty

Conference Faculty

Tsan Abrahamson
Cobalt Law, LLP
Berkeley, CA
Tamera H. Bennett
Bennett Law Office, PC
Lewisville, TX
Jason Boulette
Boulette Golden & Marin L.L.P.
Austin, TX
John P. Brockland
Weil, Gotshal & Manges LLP
Redwood Shores, CA
Christopher T. Brown
Attorney at Law, PLLC
Austin, TX
Edward A. Cavazos
Pillsbury Winthrop Shaw Pittman LLP
Austin, TX
Randall E. Colson
Haynes and Boone, LLP
Dallas, TX
Robert Courtneidge
Locke Lord LLP
London, United Kingdom
Samantha Hale Crispin
Baker Botts L.L.P.
Dallas, TX
Sheryl A. Falk
Partner, Winston & Strawn LLP
Houston, TX
Melissa Frugé
HomeAway
Austin, TX
Adam Goldman
Capitol Partners Consulting
Austin, TX
David J. Healey
Fish & Richardson P.C.
Houston, TX
David M. Hoffman
Fish & Richardson P.C.
Austin, TX
John D. Holmes
Freescale Semiconductor
Austin, TX
Bart W. Huffman
Locke Lord LLP
Austin, TX
Peter D. Kennedy
Graves, Dougherty, Hearon & Moody
Austin, TX
Christopher M. Koa
Dorsey & Whitney
Seattle, WA
Kirk Larson
Upland Software, Inc.
Austin, TX
Jonathan Lass
Jackson Walker L.L.P.
Austin, TX
Hall T. Martin
Texas Entrepreneur Networks
Austin, TX
David C. Mattka
Munsch Hardt Kopf & Harr, P.C.
Austin, TX
Jamie May
AllClear ID
Austin, TX
Eric J. Mayer
Susman Godfrey LLP
Houston, TX
Kevin J. Meek
Baker Botts L.L.P.
Austin, TX
Heather J. Meeker
O'Melveny & Myers LLP
Menlo Park, CA
Laura M. Merritt
Boulette Golden & Marin L.L.P.
Austin, TX
Jessica Neufeld
Munsch Hardt Kopf & Harr, P.C.
Austin, TX
Minh-Hien Nguyen
Dell
Round Rock, TX
Hon. Robert L. Pitman
U.S. District Court, Western District of Texas
San Antonio, TX
Brandon M. Ress
Norton Rose Fulbright US, LLP
Austin, TX
John C. Ricci
Green Dot Corporation
Pasadena, CA
Bob Robinson
Shields Legal Group
Addison, TX
Hon. Xavier Rodriguez
U.S. District Court, Western District of Texas
San Antonio, TX
Daniel Schroeder
Habif, Arogeti & Wynne, LLP
Atlanta, GA
Sheila D. Stine
Texas Health and Human Services Commission
Austin, TX
J. Robert Suffoletta
Wilson Sonsini Goodrich & Rosati, P.C.
Austin, TX
Thomas H. Watkins
Husch Blackwell LLP
Austin, TX
Keith E. Witek
Advanced Micro Devices, Inc.
Austin, TX
Hon. Lee Yeakel
U.S. District Court, Western District of Texas
Austin, TX

Planning Committee

Bart W. Huffman—Co-Chair
Locke Lord LLP
Austin, TX
Heather J. Meeker—Co-Chair
O'Melveny & Myers LLP
Menlo Park, CA
Michael P. Adams
Jackson Walker L.L.P.
Austin, TX
Adrienne L. Baugh
Dell
Round Rock, TX
Walter Earl Bissex
Bissex & Watson, P.C.
Houston, TX
Jason Boulette
Boulette Golden & Marin L.L.P.
Austin, TX
Christopher T. Brown
Attorney at Law, PLLC
Austin, TX
Albert Carrion
Husch Blackwell LLP
Austin, TX
Edward A. Cavazos
Pillsbury Winthrop Shaw Pittman LLP
Austin, TX
Shelayne Clemmer
Prichard Hawkins McFarland & Young
San Antonio, TX
Richard E. Climan
Weil, Gotshal & Manges LLP
Redwood Shores, CA
Randall E. Colson
Haynes and Boone, LLP
Dallas, TX
Sheryl A. Falk
Partner, Winston & Strawn LLP
Houston, TX
Christopher A. Garcia
Dell
Round Rock, TX
Bert A. Greene
Norton Rose Fulbright US, LLP
Austin, TX
David J. Healey
Fish & Richardson P.C.
Houston, TX
Jordan J. Herman
Baker Botts L.L.P.
Austin, TX
Joanna Jefferson
The University of Texas School of Law
Austin, TX
Lance A. Jones
Jones & Spross PLLC
Austin, TX
Peter D. Kennedy
Graves, Dougherty, Hearon & Moody
Austin, TX
Alice L. King
Alice L. King, P.C.
San Antonio, TX
Robert L. King
Silicon Laboratories
Austin, TX
William L. LaFuze
McKool Smith
Houston, TX
Jonathan Lass
Jackson Walker L.L.P.
Austin, TX
Eric L. Natinsky
Quick Technologies Inc.
Austin, TX
Barry S. Newberger
Conley Rose, PC
Austin, TX
Paul B. Saenz
Graves, Dougherty, Hearon & Moody
Austin, TX
Lesia Skrypoczka
iHeartMedia
San Antonio, TX
Stephen E. Stein
Thompson & Knight LLP
Dallas, TX
J. Robert Suffoletta
Wilson Sonsini Goodrich & Rosati, P.C.
Austin, TX
Michele B. Thompson
Law Office of Michele B. Thompson
Austin, TX
Greg R. Vetter
University of Houston Law Center
Houston, TX
Keith E. Witek
Advanced Micro Devices, Inc.
Austin, TX
W. Reid Wittliff
Wittliff | Cutter PLLC
Austin, TX

UT Law CLE

2015 Technology Law Conference

Credit Information

MCLE Credit

Texas
13.75 hrs  |  2.75 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
13.75 hrs  |  2.75 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.  
Oklahoma
16.50 hrs  |  3.50 hrs Ethics
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.
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
16.50 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.  

MCLE Credit

Texas
13.75 hrs  |  2.75 hrs Ethics
Additional Information
UT Law CLE will report credit to the State Bar of Texas on your behalf. If you are claiming credit in the last week of your birth month, self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Completion will be emailed to you upon claiming credit.
California
13.75 hrs  |  2.75 hrs Ethics
Additional Information
Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. Print and keep the Certificate of Completion for your records. A Certificate of Completion will be emailed to you upon claiming credit.

UT Law CLE

2015 Technology Law Conference

Key Dates

Austin

  • Last day for Individual early registration: May 13, 2015
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): May 15, 2015
  • Last day for cancellation (partial refund): May 18, 2015
    $50 processing fee applied

Live Webcast

  • Last day for Individual early registration: May 22, 2015
    Add $0 for registrations received after this time
  • Last day for cancellation (full refund): May 15, 2015
  • Last day for cancellation (partial refund): May 18, 2015
    $50 processing fee applied

UT Law CLE

2015 Technology Law Conference

Hotel / Venue

Austin

Four Seasons Hotel

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

Accommodations

$245 room rate good through April 19, 2015 (subject to availability). 

Reserving your room online?  Please use Corporate Promo code: UTTE0519

Please note: online reservations can only be accepted for conference-related room nights (May 20-22, 2015). Please contact the Four Seasons Hotel Reservations Department directly at 512.685.8100 if you’d like to extend your stay.

Parking Information

$12 Event Daily; $16 Valet Daily; $32.50 Overnight Self-Parking or Valet.

UT Law CLE

2015 Technology Law Conference

Sponsors