In response to current events, UT Law CLE has suspended live, in-person attendance for the 33rd Annual Technology Law Conference.

However, this year’s conference will continue virtually, via Live Webcast, as currently scheduled on May 21-22, 2020 enabling currently registered attendees to receive timely information and meet their MCLE requirements. We will notify all registrants via email with options for transferring their registration to this live webcast or requesting credits/refunds, and will post regular updates on our website regarding this conference. For further inquiries, please contact our Customer Service Team at service@utcle.org.

Overview

UT Law CLE’s 33rd Annual Technology Law Conference virtually brings together a nationally-recognized faculty of technology and licensing practitioners; in-house counsel from leading tech companies; and experts in open source, data privacy/security, and emerging technology for the latest issues affecting the industry. This year’s virtual program features:
  • Beyond SaaS: Licensing Strategies for Today’s Tech, including recent developments in licensing such as aggregation of rights under the FTC’s and DOJ’s updated Antitrust Guidelines for Licensing of Intellectual Property.
  • Discussion on key issues in private company merger and acquisition transactions from the perspective of both internal counsel and external M&A counsel.
  • Hear practical compliance and operational considerations presented by the current (and forthcoming) wave of privacy and data protection laws and regulations.
  • Combatting Creepiness in Big Data, offers recommendations to better set and manage data use expectations and realities.
  • Counterfeits, Knockoffs and Knockdowns: Controlling Your Company and Product Image on E-Commerce Platforms.
Following the conference, attendees will receive a bonus eSupplement containing up to an additional 0.50 hour of MCLE to ensure practitioners can earn their required 15.00/3.00 Texas MCLE hours for the year.

Event Schedule

Program is subject to change.
All times are Central Time Zone.

  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, May 21, 2020
    Presiding Officer:
    Steve Borgman, Vinson & Elkins LLP - Houston, TX
  • 8:20 am
    Welcoming Remarks

  • 8:30 am
    1.00 hr
    Beyond SaaS: Licensing Strategies for Today’s Tech
    Perpetual licenses are rare, “term” licenses have become subscriptions, and the phrase “software-as-a-service” falls short of describing today’s technology offerings. This presentation discusses recent developments in licensing such as aggregation of rights under the FTC’s and DOJ’s updated Antitrust Guidelines for the Licensing of Intellectual Property, “app-store” requirements, and data bundling. Also explore practical approaches to finding the balance between monetizing technology and managing risks from both the provider’s and the recipient’s perspective.

    Edward A. Cavazos, Pillsbury Winthrop Shaw Pittman LLP - Austin, TX
    Devika Kornbacher, Vinson & Elkins LLP - Houston, TX

  • 9:30 am
    5-Minute Break

  • 9:35 am
    0.75 hr
    0.25 hr ethics
    Post-COVID-19: Workplace 4.0
    This presentation focuses on how the COVID-19 experience will change our workplace now and going forward. Topics of discussion include considerations and best practices regarding re-openings and return to work for businesses who have not yet initiated that process and lessons learned from those who have, such as monitoring of government orders, testing, PPE, human resource and labor considerations and litigation; re-opening of closed facilities; ongoing opportunities for working remotely; reimagined collaborative spaces; ongoing operations for essential workers and retail/restaurant workers; and other timely areas of ongoing interest and concern. 

    Frances Jeter, Sard Verbinnen & Co - Houston, TX
    David Schellhase, Slack - San Francisco, CA

  • 10:20 am
    5-Minute Break

  • 10:25 am
    1.00 hr
    Open Source: What You Need to Know Now
    Most people doing M&A or IP due diligence just think of open source as something to avoid, but that isn’t sufficient anymore. Learn about the sweep of open source, from the basic terminology, to how it affects your employee agreements and patent portfolio, to the arguments about open source software that are showing up at the U.S. Supreme Court.

    Van Lindberg, Taylor English Duma LLP - San Antonio, TX

  • 11:25 am
    Break for Lunch—Presentation Resumes at 11:50 a.m.

  • Thank You to Our Premier Sponsor
    Vinson & Elkins LLP

  • Thursday Afternoon, May 21, 2020
    Presiding Officer:
    Jordan J. Herman, Baker Botts L.L.P. - Austin, TX
  • LUNCHEON PRESENTATION
  • 11:50 am
    1.00 hr
    Navigating Employment Law in a Pandemic
    An examination of the Emergency Paid Sick Leave Act (EPSLA) and Expanded Family Medical Leave Act (EFMLA) from the Families First Corona Response Act (FFCRA), the employment-related provisions of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), and state and local shelter-in-place orders. This session also examines the application of existing employment laws to the current pandemic, including the Texas Unemployment Compensation Act (TUCA), the America with Disabilities Act (ADA), the Occupational Safety and Health Act (OSHA), and the Worker Adjustment and Retraining Notification Act (WARN). Alternatives to layoffs, including pay reductions, work share arrangements, partial unemployment, and furloughs are also discussed.

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

  • 12:50 pm
    5-Minute Break

  • 12:55 pm
    1.00 hr
    0.50 hr ethics
    Legal Ethical Issues and Governance in the AI Arena
    Explore the types of AI being implemented in the profession and identification of the emerging services that will present ethical issues and challenges. Examine the guidance available from the Texas bar and the ABA relating to AI and identification of areas where this guidance is insufficient to answer new ethical questions raised by AI.

    Jessica Nguyen, Lexion - Seattle, WA
    Sean Sullivan, New York City Criminal Justice Agency - New York, NY
    David Wang, Wilson Sonsini Goodrich & Rosati, P.C. - Palo Alto, CA
    Steven J. Wingard, Scott Douglass & McConnico LLP - Austin, TX

  • 1:55 pm
    5-Minute Break

  • 2:00 pm
    0.75 hr
    Data Theft, Doxing, and the Sinister New Age of Ransomware
    A discussion of what to expect and how to respond when ransomware strikes, including the potential legal consequences. Elizabeth Cookson also shares her substantial experience negotiating with the bad actors when necessary so that a victim can decrypt and recover, and what factors can accelerate or complicate restoration efforts.

    Elizabeth Cookson, Kivu Consulting, Inc. - Washington, DC
    Bart W. Huffman, Reed Smith LLP - Houston, TX

  • 2:45 pm
    5-Minute Break

  • 2:50 pm
    0.50 hr
    Intellectual Property and Bankruptcy Post Mission Product Holdings
    With the uncertain future of the U.S. economy presented by the novel coronavirus, bankruptcies plaguing the oil and gas industry, and the U.S. Supreme Court’s landmark Mission Product Holdings decision, hear a review of the current state of the law dealing with intellectual property in bankruptcies.

    Randall E. Colson, Haynes and Boone, LLP - Dallas, TX

  • 3:20 pm
    5-Minute Break

  • 3:25 pm
    0.75 hr
    Key Issues in Mergers and Acquisitions of Private Companies
    Discussion on key issues in private company mergers and acquisitions, including the impact of the COVID-19 virus on transactions, recent case law developments, and post-closing deal integration matters. The discussion includes the perspectives of internal counsel and external M&A counsel.

    Moderator:
    J. Robert Suffoletta, Wilson Sonsini Goodrich & Rosati, P.C. - Austin, TX
    Panelists:
    Tracy Feanny, National Instruments Corporation - Austin, TX
    Corinna Ulrich, RealPage, Inc. - Richardson, TX

  • 4:10 pm
    5-Minute Break

  • 4:15 pm
    0.75 hr ethics
    Competency, Confidentiality, Conflicts, and Technology
    This session covers a wide range of problems that technology has created for lawyers. On the one hand, lawyers are obligated to use technology when it benefits their clients, but on the other, failure to use the technology competently can lead to ethical problems. This session analyzes issues from the mundane to the profound.

    David Hricik, Mercer University School of Law - Macon, GA

  • 5:00 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, May 22, 2020
    Presiding Officer:
    William L. LaFuze, McKool Smith - Houston, TX
  • 8:30 am
    1.00 hr
    COVID-19: Privacy Considerations and Best Practices
    The COVID-19 pandemic has dramatically altered how many companies interface with their employees, customers, and stakeholders. In a new world of primarily remote interaction, workplace lockdowns, health screening, and a heavy reliance on third parties for operational tasks, companies face a myriad of complex privacy and data protection concerns. This presentation focuses on privacy and data protection considerations for navigating the COVID-19 landscape and discusses best practices for companies to protect their employees, customers, systems, and data.

    Moderator:
    Matthew Staples, Wilson Sonsini Goodrich & Rosati, P.C. - Austin, TX
    Panelists:
    Christopher Jeffery, Taylor Wessing - Menlo Park, CA
    Jessica Cassidy Katz, Whole Foods Market - Austin, TX
    Sooji Seo, Dell - Round Rock, TX

  • 9:30 am
    5-Minute Break

  • 9:35 am
    0.75 hr
    0.50 hr ethics
    Combatting Creepiness in Big Data
    “Creepy” has become the go-to descriptor for data programs that just don’t seem…right. This presentation considers the development of that concept in law and ethics and offers recommendations to better set and manage data use expectations and realities.

    Submit your questions, comments, and/or experiences in advance to ConferenceQA@utcle.org, or come armed with your toughest questions.

    Justin Koplow, AT&T - Dallas, TX

  • 10:20 am
    5-Minute Break

  • 10:25 am
    1.00 hr
    The Ultimate Cheat Sheet for Cybersecurity and Privacy Compliance 
    It seems like a new global or domestic privacy law is being introduced every week. Just when you thought that your program was complete and running smoothly, all of a sudden you must figure out a way to implement and maintain a new requirement. Learn about reliable management tools for a data privacy and cybersecurity compliance program from the experts. Our panel of in-house lawyers from the public and private sector discuss how to make it easy to operationalize overlapping laws and how to make sure that your compliance program is always up to date.

    Moderator:
    Elizabeth Rogers, Michael Best & Friedrich LLP - Austin, TX
    Panelists:
    Jeff Adams, WP Engine - Austin, TX
    George R. Gooch, Texas Health Services Authority - Austin, TX
    Elaine Nicholson, City of Austin - Austin, TX

  • 11:25 am
    5-Minute Break

  • 11:30 am
    0.50 hr
    Public Sector Information Technology Outsourcing
    A practical discussion on strategies to address challenges, best practices and pitfalls when outsourcing information technology solutions through a procurement process by federal, state and local governments.

    Moderator:
    Jonathan Lass, Jackson Walker LLP - Austin, TX
    Panelists:
    Brian Tulga, Cardinal Source Management Consulting - Austin, TX
    Martin H. Zelinsky, Law Office of Martin H. Zelinsky - Westminster, CO

  • 12:00 pm
    Break for Lunch—Presentation Resumes at 12:25 p.m.

  • Friday Afternoon, May 22, 2020
    Presiding Officer:
    J. Matthew Lyons, Shearman & Sterling, LLP - Austin, TX
  • LUNCHEON PRESENTATION
  • 12:25 pm
    0.75 hr
    Emerging National Security Issues in the Tech Industry
    Hear an explanation of the broad array of nation-state threats against tech companies, the tools being used and developed by the U.S. government to counter these threats, and measures that tech companies should consider taking to navigate through this fast-changing landscape.

    Paul T. Luther, Baker Botts L.L.P. - Washington, DC

  • 1:10 pm
    5-Minute Break

  • 1:15 pm
    0.75 hr
    CFIUS Reform and “Emerging and Foundational Technologies”
    New CFIUS regulations went into effect on February 13, 2020, implementing extensive reforms authorized by the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). The presentation discusses key elements of the new regulations and their impact on cross-border M&A as well as the experience thus far with the new mandatory CFIUS filing requirements associated with “critical technologies.” Examine the Commerce Department’s efforts to identify and define “emerging and foundational technologies” that should be controlled for export pursuant to the Export Control Reform Act of 2018 (ECRA), and the implications for companies focusing on AI, 5G, and other emerging technologies.       

    Damara Chambers, Vinson & Elkins LLP - Washington, DC
    Heather B. Johnston, Thales - Austin, TX

  • 2:00 pm
    5-Minute Break

  • 2:05 pm
    0.75 hr
    Antitrust 2020: Changing Politics, Technology, and Problems have caused Upheaval! A Real-Time Presentation of Disruption in Antitrust and Competition Law
    Since the beginning of this year there have been profound changes in the antitrust and competition landscape. New lawsuits are being filed and existing cases pressed hard despite the COVID-19 Pandemic. Technology companies need to be aware of the storm now breaking over licensing for 5G in lawsuits pending in federal courts in Texas and Delaware. The 180 degree change at the Department of Justice that has the Antitrust Division actively litigating with non-practicing patent entities against companies that produce technology, software, semiconductors and telecom products. COVID-19 drove a dramatic to the ground rules and procedures for collaboration for companies that can provide essential technology, products and services. This will be a real-time presentation of what is happening right now and how it could impact you.

    Danielle Joy "DJ" Healey, Fish & Richardson P.C. - Houston, TX

  • 2:50 pm
    5-Minute Break

  • 2:55 pm
    0.75 hr
    0.25 hr ethics
    Counterfeits, Knockoffs, and Knockdowns: Controlling your Company and Product Image on E-commerce Platforms
    Explore techniques to control and stop counterfeits, knockoffs, and false or fraudulent reviews, in order to police your company and product character using online resolution systems, the courts, and administrative bodies. Learn how to use the DMCA and other copyright techniques to quickly get listings taken down and prevent others from using your marketing images, how to use trademark rights to police online counterfeiting, and how to mitigate the impact of disparaging reviews. This presentation also discusses using design and utility patents in online resolution systems. Also, hear a quick discussion on utilizing all of these types of IP outside of online resolution systems and the advantages and disadvantages of these more traditional techniques.

    Peter D. Kennedy, Graves, Dougherty, Hearon & Moody - Austin, TX
    Robert P. Ziemian, Haynes and Boone, LLP - Denver, CO

  • 3:40 pm
    5-Minute Break

  • 3:45 pm
    0.75 hr
    0.50 hr ethics
    Digital Evidence: The Gathering Storm
    In recent years, the number of devices and applications capturing data about every aspect of our business and personal lives has exploded, creating a storm of potentially relevant data. Practitioners who know how to collect this digital evidence and use it effectively will gain an edge on their opponents. This presentation covers novel sources of digital evidence and the available court and forensic tools that can be used to gather evidence from them.

    W. Reid Wittliff, Wittliff | Cutter, PLLC - Austin, TX

  • 4:30 pm
    Adjourn

Conference Faculty

Jeff Adams

WP Engine
Austin, TX

Jason Boulette

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

Edward A. Cavazos

Pillsbury Winthrop Shaw Pittman LLP
Austin, TX

Damara Chambers

Vinson & Elkins LLP
Washington, DC

Randall E. Colson

Haynes and Boone, LLP
Dallas, TX

Elizabeth Cookson

Kivu Consulting, Inc.
Washington, DC

Tracy Feanny

National Instruments Corporation
Austin, TX

George R. Gooch

Texas Health Services Authority
Austin, TX

Danielle Joy "DJ" Healey

Fish & Richardson P.C.
Houston, TX

David Hricik

Mercer University School of Law
Macon, GA

Bart W. Huffman

Reed Smith LLP
Houston, TX

Christopher Jeffery

Taylor Wessing
Menlo Park, CA

Frances Jeter

Sard Verbinnen & Co
Houston, TX

Heather B. Johnston

Thales
Austin, TX

Jessica Cassidy Katz

Whole Foods Market
Austin, TX

Peter D. Kennedy

Graves, Dougherty, Hearon & Moody
Austin, TX

Justin Koplow

AT&T
Dallas, TX

Devika Kornbacher

Vinson & Elkins LLP
Houston, TX

Jonathan Lass

Jackson Walker LLP
Austin, TX

Van Lindberg

Taylor English Duma LLP
San Antonio, TX

Paul T. Luther

Baker Botts L.L.P.
Washington, DC

Jessica Nguyen

Lexion
Seattle, WA

Elaine Nicholson

City of Austin
Austin, TX

Elizabeth Rogers

Michael Best & Friedrich LLP
Austin, TX

David Schellhase

Slack
San Francisco, CA

Sooji Seo

Dell
Round Rock, TX

Matthew Staples

Wilson Sonsini Goodrich & Rosati, P.C.
Austin, TX

J. Robert Suffoletta

Wilson Sonsini Goodrich & Rosati, P.C.
Austin, TX

Sean Sullivan

New York City Criminal Justice Agency
New York, NY

Brian Tulga

Cardinal Source Management Consulting
Austin, TX

Corinna Ulrich

RealPage, Inc.
Richardson, TX

David Wang

Wilson Sonsini Goodrich & Rosati, P.C.
Palo Alto, CA

Steven J. Wingard

Scott Douglass & McConnico LLP
Austin, TX

W. Reid Wittliff

Wittliff | Cutter, PLLC
Austin, TX

Martin H. Zelinsky

Law Office of Martin H. Zelinsky
Westminster, CO

Robert P. Ziemian

Haynes and Boone, LLP
Denver, CO

Planning Committee

Bart W. Huffman—Co-Chair

Reed Smith LLP
Houston, TX

J. Robert Suffoletta—Co-Chair

Wilson Sonsini Goodrich & Rosati, P.C.
Austin, TX

Steve Borgman

Vinson & Elkins LLP
Houston, TX

Jason Boulette

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

Edward A. Cavazos

Pillsbury Winthrop Shaw Pittman LLP
Austin, TX

R. Eddie Dixon Jr.

National Instruments Corporation
Austin, TX

Danielle Joy "DJ" Healey

Fish & Richardson P.C.
Houston, TX

Jordan J. Herman

Baker Botts L.L.P.
Austin, TX

Lance A. Jones

Jones & Spross PLLC
Austin, TX

Jessica Cassidy Katz

Whole Foods Market
Austin, TX

Peter D. Kennedy

Graves, Dougherty, Hearon & Moody
Austin, TX

Robert L. King

Austin, TX

William L. LaFuze

McKool Smith
Houston, TX

Jonathan Lass

Jackson Walker LLP
Austin, TX

J. Matthew Lyons

Shearman & Sterling, LLP
Austin, TX

Karon Macdaniel

Advanced Micro Devices, Inc.
Austin, TX

Heather J. Meeker

O'Melveny & Myers LLP
Menlo Park, CA

Eric L. Natinsky

Quick Technologies Inc.
Austin, TX

David W. O'Brien

Haynes and Boone, LLP
Austin, TX

Elizabeth Rogers

Michael Best & Friedrich LLP
Austin, TX

Michele B. Thompson

Law Office of Michele B. Thompson
Austin, TX

James M. Vickery

DLA Piper LLP US
Austin, TX

Doug Weiner

Hewlett Packard Enterprise
Austin, TX

Keith E. Witek

Google, Inc.
Austin, TX

W. Reid Wittliff

Wittliff | Cutter, PLLC
Austin, TX

Courtney S. York

Akin Gump Strauss Hauer & Feld LLP
Dallas, TX

Credit Info

MCLE Credit
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.
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 will report credit on your behalf to the Kansas Continuing Legal Education Commission (KSCLE) within 30 days after the conference. UT Law CLE will maintain Attendance Records for four years.
As The University of Texas School of Law is a State Bar of Texas approved MCLE provider (Sponsor #13), our courses are presumptively approved for MCLE credit based on a 50-minute credit hour, and in accordance with the Regulations of the Supreme Court of New Jersey Board on Continuing Legal Education. More information and details can be found in the Board of Continuing Legal Education Regulations.

New Jersey MCLE credit is based on a 50-minute credit hour. This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim New York MCLE credit, New Jersey credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. Self-report your credit directly to the Supreme Court of New Jersey Board on CLE.
As The University of Texas School of Law is a State Bar of California approved MCLE provider (#1944), and the State Bar of California is a New York Approved Jurisdiction, our courses are approved for MCLE credit based on a 50-minute credit hour, and in accordance with the Program Rules and the Regulations and Guidelines of the New York State Continuing Legal Education Board. More information and details can be found at Section 6 of the Regulations and Guidelines.

New York MCLE credit is based on a 50-minute credit hour. This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim New York MCLE credit, New York credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. Self-report your credit directly to the New York State CLE Board.
The University of Texas School of Law (Provider #169) live webcast presentations meet the requirements and are presumptively approved by the Oklahoma Bar Association for MCLE credit based on a 50-minute credit hour. This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim Oklahoma MCLE credit, Oklahoma credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the webcast.
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 to ensure it will qualify for self-reporting your credits.

To claim Other States MCLE credit, Other States credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you.

This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion .

MCLE credit is presented based on a 60-minute credit hour.
Other Credit
The University of Texas School of Law (Provider #250) live webcast presentations meet the requirements and 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.

This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim Texas Accounting CPE credit, the Texas Accounting CPE credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. Self-report your CPE credit directly to the Texas State Board of Public Accountancy.

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.

Key Dates

Live Webcast – May 21-22, 2020
Conference Concluded
Austin - CANCELED – May 21-22, 2020 – Four Seasons Hotel
Conference Concluded
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Live Webcast
Last day for cancellation (full refund): May 15, 2020

$50 processing fee applied after this date

Last day for cancellation: May 18, 2020

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