University of Texas School of Law

UT Law CLE

2013 Technology Law Conference

Program Features
Now in its 26th year, UT Law's Technology Law Conference brings together a nationally-recognized faculty of leading technology, licensing and M&A counsel along with experts in copyright, trademark, open source, public-private technology collaborations, and data privacy and security for two days of sophisticated and practical presentations and discussions. The program also draws a prominent audience and sponsorship from leading technology companies as well as their legal, financial and data security advisors.

2013 Program highlights include:
    • Privacy from the Outside In—an overview of the FTC's privacy principles and enforcement activities, as presented by the Commission's Chief Privacy Officer, offers suggestions and best practices for incorporating privacy requirements into business operations
    • Antitrust Enforcement in the Licensing and Technology Arenas—with tremendous activity in anti-trust enforcement in the technology sector this year, this session helps business executives and licensing counsel understand the evolving changes in antitrust regulation and emerging case law in patent licensing
    • Better than Plastic-The Evolving Mobile Payments Ecosystem—with mobile payments expected to exceed $214 billion in the U.S. by 2015, the way we transact business is changing, both on and offline. Learn about the mobile payment solutions currently taking shape in the marketplace, along with the related legal and regulatory issues
    • Patents for General Technology Lawyers-Implications of the America Invents Act—a look at the America Invents Act from the perspective of a technology lawyer, with a focus on the implications of the First-to-File régime and the impact of the new post-grant procedures for invalidating patents
    • Town Meets Gown: Developing Successful Technology Collaborations with Universities—learn best practices as expert panelists discuss the unique aspects of working with universities and university faculty on technology collaborations, including sponsored research, technology licensing, and consulting and other direct engagement with faculty members

UT Law CLE

2013 Technology Law Conference

5/20/19
Schedule

Thursday Morning, May 23, 2013

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

7:30 am
Registration Opens

Includes continental breakfast.

8:20 am
Welcoming Remarks

8:30 am

0.50 hr

The Licensing of Standard-Essential Patents

Patents essential to industry standards are often subject to commitments to offer licenses on fair, reasonable and non-discriminatory ("FRAND") terms. An exploration of the nature and meaning of a FRAND commitment and the impact it has on real-world licensing negotiations.

Eric M. Reifschneider, QUALCOMM Incorporated - San Diego, CA

9:00 am

0.50 hr

Open Source Enforcement Update

Recent enforcement actions—formal and informal—regarding open source licenses, and tips on how to avoid claims.

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

9:30 am
Break

9:45 am

0.75 hr

Town Meets Gown: Developing Successful Technology Collaborations with Universities

Expert panelists discuss the unique aspects of working with universities and university faculty on technology collaborations, including sponsored research, technology licensing, and consulting and other direct engagement with faculty members. The impact of a university's mission, policies and practices on these relationships is addressed, and best practices for reconciling the divergent cultures and practices of industry and academia are provided. Highlights include university intellectual property policies and practices, publication rights, conflict policies and the impact of recent jurisprudence.

Moderator:
Heather J. Meeker, Greenberg Traurig, LLP - East Palo Alto, CA
Panelists:
Richard Friedman, USC Stevens Center for Innovation - Los Angeles, CA
Panelists:
Ross Spencer Garsson, Greenberg Traurig, LLP - Austin, TX

10:30 am

0.75 hr

Antitrust Enforcement in the Licensing and Technology Arenas

Since mid-2012, there has been tremendous activity in anti-trust enforcement involving standards-essential patents, e.g., the FTC's consent decree in In re Robert Bosch GmbH and the FTC's proposed consent decree in In re Google, Inc. The balance of patent and antitrust regulation could be impacted by the U.S. Supreme Court's anticipated decision in a case this Term, FTC v. Watson Pharmaceuticals (dealing with reverse settlements). Private litigation could result in the first decisions on what is a fair, reasonable and non-discriminatory royalty rate, with briefs submitted and decisions pending before at least two different district courts. Antitrust enforcement is expected to remain a high priority for regulators, and antitrust litigation involving standards is showing no signs of abating anytime soon. This session helps business executives and licensing counsel understand the evolving changes in antitrust regulation and emerging case law in patent licensing.

Richard J. Gilbert, University of California, Berkeley - Berkeley, CA
David J. Healey, Fish & Richardson P.C. - Houston, TX

11:15 am

0.50 hr

Social Media in a Technology Workforce

Employees at your organization are on social media whether you have a policy or not. To write a policy, or update an existing one, you'll need to learn about the high-level social media risks and the social media policies that have gone too far according to the NLRB. This session outlines a practical social media governance cycle and provides tips for identifying and addressing social media concerns in your organization.

Ryan M. Garcia, Dell - Austin, TX

11:45 am
Lunch on Your Own

Thursday Afternoon, May 23, 2013

Presiding Officer:
Jonathan Lass, Jackson Walker L.L.P. - Austin, TX

1:00 pm

0.75 hr

Privacy from the Outside In

An overview of FTC privacy principles and enforcement activities, and practical suggestions for incorporating privacy requirements into business operations.

Peter B. Miller, Chief Privacy Officer, Federal Trade Commission - Washington, DC
Commentator:
Bart W. Huffman, Locke Lord LLP - Austin, TX

1:45 pm

0.75 hr

Dealing with Data: The Ins and Outs of the Data Marketplace

An analysis of the practical legal aspects of obtaining and using data acquired from third parties, including contractual considerations and regulatory compliance. Panelists discuss practical examples based on real-life scenarios involving such issues as "scraping," risk allocation, marketing regulations, and more.

Moderator:
Edward A. Cavazos, Bracewell & Giuliani LLP - Austin, TX
Panelists:
Andrew J. Gajkowski, Bracewell & Giuliani LLP - Austin, TX
Panelists:
J. Seth Randle, WhaleShark Media, Inc. - Austin, TX

2:30 pm

0.50 hr

Better than Plastic—The Evolving Mobile Payments Ecosystem

Mobile payments are expected to exceed $214 billion in the U.S. by 2015, promising to fundamentally alter the way consumers and merchants transact business, both online and in the real world. A look at the mobile payment solutions currently taking shape in the marketplace, along with discussion of related legal and regulatory issues.

Slade S. Cutter, Cutter Law, P.C. - Austin, TX

3:00 pm
Break

3:15 pm

0.50 hr

Patents for General Technology Lawyers—Implications of the America Invents Act

A look at the America Invents Act from the perspective of a technology lawyer, with a focus on the implications of the First-to-File régime and the impact of the new post-grant procedures for invalidating patents.

Andrew S. Ehmke, Haynes and Boone, LLP - Dallas, TX

3:45 pm

0.50 hr

SaaS Update: Black Swans Flock Together

Keys to drafting contract terms related to service levels and disaster recovery in light of recent large-scale cloud service outages.

Brian J. Henchey, Baker Botts - Dallas, TX

4:15 pm

0.75 hr

Cybersecurity: Developments, Challenges and a Modest Case for Self-Defense

What is the cybersecurity problem? The answer to this and many other issues are examined, including practical and policy considerations, legislative efforts and executive action, legal risks in day-to-day security operations, and the availability of affirmative defenses.

Moderator:
Jonathan Lass, Jackson Walker L.L.P. - Austin, TX
Panelists:
Neal Maguire, Verizon - New York, NY
Doug Steelman, Dell SecureWorks - Atlanta, GA
Jennifer S. Zucker, Wiley Rein LLP - Washington, DC

5:00 pm

0.50 hr

Software and Digital Media

A review of the extent to which modern copyright law, including the Digital Millennium Copyright Act, is adequate to protect the interests of content providers and distributors, or whether the balance has shifted too far toward enabling others to capture value from the creative work of content providers who wish to commercialize their works. Also considered are concepts of first sale, DMCA and fair use as it relates to products such as eBooks, hard copy publications, digital music and the like.

Raymond T. Nimmer, University of Houston Law Center - Houston, TX

5:30 pm
Adjourn to Networking Reception

Thank you to our Sponsors.

Friday Morning, May 24, 2013

Presiding Officer:
William L. LaFuze, Vinson & Elkins LLP - Houston, TX

7:30 am
Conference Room Opens

Includes continental breakfast.

8:30 am

1.00 hr
0.25 hr ethics

Best Practices in Electronic Discovery

An exploration of best practices in handling electronic discovery. Topics include recent developments in eDiscovery law, including legal holds, proportionality, discovery of social media, privilege preservation, sanctions, spoliation and obstruction; strategies for reducing unnecessary eDiscovery costs, including early ESI identification and case assessment, best use of Rule 26 conferences, considerations in forms of production, and alternate review strategies in document-intensive cases; and judicial approaches to managing eDiscovery in their courts, including procedural issues, production disputes, noncooperation, noncompliance with court orders, production and privilege issues, proportionality, privilege waiver and use of special discovery masters.

Moderator:
Jonathan Lass, Jackson Walker L.L.P. - Austin, TX
Panelists:
Gene W. Albert, Lexbe LC - Austin, TX
Eric J. Mayer, Susman Godfrey LLP - Houston, 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

9:30 am

0.75 hr

The Evolution of Cloud Computing in the Enterprise Space

A practical discussion of the unique benefits and challenges of the cloud for enterprise solutions, including a look at how major cloud providers are working to address compliance concerns, and suggestions with respect to issues such as risk allocation and data security, including the implications of the HIPAA final rule issued earlier this year.

Moderator:
Bart W. Huffman, Locke Lord LLP - Austin, TX
Panelists:
Susan T. Boyd, Microsoft - Redmond, WA
Panelists:
Jennifer L. Rangel, Locke Lord LLP - Austin, TX

10:15 am
Break

10:30 am

0.75 hr

M&A Valuations and Purchase Price Negotiations in the Technology Sector

An investment banker and two seasoned M&A practitioners with extensive experience in handling technology-focused transactions discuss the particular valuation metrics and methodologies that drive price negotiations in M&A deals in the technology sector. Both patent portfolio acquisitions and acquisitions of entire operating companies are addressed, including transactions structured as "earn-outs."

Moderator:
Richard E. Climan, Weil, Gotshal & Manges LLP - Redwood City, CA
Panelist:
Jennifer Muller, Houlihan Lokey - San Francisco, CA

11:15 am

0.75 hr

The U.S. Foreign Corrupt Practices Act: Managing Risks in the Technology Sector

At the start of 2013, the technology sector had the second highest number of ongoing FCPA investigations, just behind the energy sector, with some fifteen technology companies, including Sony, Oracle, and Hewlett-Packard, under review for alleged improper payments abroad to foreign officials. Given their regions of operation, types of government interaction and business models, technology companies often face unique FCPA risks in conducting their international business. This session explores these risks and the "best practice" strategies that companies are employing to address them.

Matteson Ellis, Matteson Ellis Law, PLLC - Austin, TX

12:00 pm
Pick Up Lunch

Included in conference registration fee.

Friday Afternoon, May 24, 2013

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

Luncheon Presentation

12:20 pm

0.75 hr

Indemnities

Insights into warranty and indemnification terms from both the seller and buyer points of view. Typical points of negotiation from sample clauses are explored and checklists of issues to consider are also provided.

Moderator:
Minh-Hien Nguyen, Dell - Round Rock, TX
Panelists:
Anthony E. Peterman, Dell - Round Rock, TX
Panelists:
Kim Marie Vo, Advanced Micro Devices, Inc. - Austin, TX

1:05 pm
Break

1:15 pm

1.00 hr ethics

Who is the Client?

Too many entities, too many clients—a discussion of modern-day entity creation and its challenges.

Thomas H. Watkins, Brown McCarroll, L.L.P. - Austin, TX

2:15 pm

0.75 hr ethics

Mediation of Technology Disputes

An examination of both broad strategic concepts and detailed practice tips, including the psychology of choice, the predictability of irrationality, "3-D" negotiation and why attorneys sometimes get "stuck" in the process. With lessons from Star Trek, this session promises to be fun, to provoke new ways of thinking and to provide practical, new skills to help ensure successful mediations for our clients.

Karl Bayer, Dispute Resolution Expert - Austin, TX

3:00 pm
Adjourn

UT Law CLE

2013 Technology Law Conference

Faculty

Conference Faculty

Gene W. Albert
Lexbe LC
Austin, TX
Karl Bayer
Dispute Resolution Expert
Austin, TX
Susan T. Boyd
Microsoft
Redmond, WA
Edward A. Cavazos
Bracewell & Giuliani LLP
Austin, TX
Richard E. Climan
Weil, Gotshal & Manges LLP
Redwood City, CA
Slade S. Cutter
Cutter Law, P.C.
Austin, TX
Andrew S. Ehmke
Haynes and Boone, LLP
Dallas, TX
Matteson Ellis
Matteson Ellis Law, PLLC
Austin, TX
Richard Friedman
USC Stevens Center for Innovation
Los Angeles, CA
Andrew J. Gajkowski
Bracewell & Giuliani LLP
Austin, TX
Ryan M. Garcia
Dell
Austin, TX
Ross Spencer Garsson
Greenberg Traurig, LLP
Austin, TX
Richard J. Gilbert
University of California, Berkeley
Berkeley, CA
David J. Healey
Fish & Richardson P.C.
Houston, TX
Brian J. Henchey
Baker Botts
Dallas, TX
Bart W. Huffman
Locke Lord LLP
Austin, TX
Jonathan Lass
Jackson Walker L.L.P.
Austin, TX
Neal Maguire
Verizon
New York, NY
Eric J. Mayer
Susman Godfrey LLP
Houston, TX
Heather J. Meeker
Greenberg Traurig, LLP
East Palo Alto, CA
Peter B. Miller
Chief Privacy Officer, Federal Trade Commission
Washington, DC
Jennifer Muller
Houlihan Lokey
San Francisco, CA
Minh-Hien Nguyen
Dell
Round Rock, TX
Raymond T. Nimmer
University of Houston Law Center
Houston, TX
Anthony E. Peterman
Dell
Round Rock, TX
J. Seth Randle
WhaleShark Media, Inc.
Austin, TX
Jennifer L. Rangel
Locke Lord LLP
Austin, TX
Eric M. Reifschneider
QUALCOMM Incorporated
San Diego, CA
Hon. Xavier Rodriguez
U.S. District Court, Western District of Texas
San Antonio, TX
Doug Steelman
Dell SecureWorks
Atlanta, GA
Kim Marie Vo
Advanced Micro Devices, Inc.
Austin, TX
Thomas H. Watkins
Brown McCarroll, L.L.P.
Austin, TX
Hon. Lee Yeakel
U.S. District Court, Western District of Texas
Austin, TX
Jennifer S. Zucker
Wiley Rein LLP
Washington, DC

Planning Committee

Bart W. Huffman—Chair
Locke Lord LLP
Austin, TX
Michael P. Adams
Winstead PC
Austin, TX
Christopher T. Brown
Attorney at Law, PLLC
Austin, TX
Edward A. Cavazos
Bracewell & Giuliani LLP
Austin, TX
Richard E. Climan
Weil, Gotshal & Manges LLP
Redwood City, CA
Randall E. Colson
Haynes and Boone, LLP
Dallas, TX
Christopher A. Garcia
Dell
Round Rock, TX
Meagan McKenney Gillette
U.S. District Court, Western District of Texas
San Antonio, TX
Megan E. Gray
Gray Matters
Washington, DC
Dean W. Harvey
Andrews Kurth LLP
Dallas, TX
David J. Healey
Fish & Richardson P.C.
Houston, TX
Jordan J. Herman
Baker Botts
Austin, TX
Peter D. Kennedy
Graves, Dougherty, Hearon & Moody
Austin, TX
Robert L. King
Silicon Laboratories
Austin, TX
William L. LaFuze
Vinson & Elkins LLP
Houston, TX
Jonathan Lass
Jackson Walker L.L.P.
Austin, TX
Heather J. Meeker
Greenberg Traurig, LLP
East Palo Alto, CA
Mark L. Murdock
Attorney at Law
Austin, TX
Eric L. Natinsky
Quick Technologies Inc.
Austin, TX
Minh-Hien Nguyen
Dell
Round Rock, TX
J. Robert Suffoletta
Wilson Sonsini Goodrich & Rosati, P.C.
Austin, TX
Michele B. Thompson
Law Office of Michele B. Thompson
Austin, TX
Michelle M. Turner
The University of Texas School of Law
Austin, TX
James M. Vickery
DLA Piper
Austin, TX
Keith E. Witek
Advanced Micro Devices, Inc.
Austin, TX
W. Reid Wittliff
Lancaster, Helling, Grable & Wittliff, L.L.P.
Austin, TX

UT Law CLE

2013 Technology Law Conference

Credit Information

MCLE Credit

Texas
13.00 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
13.00 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.  
Louisiana
13.00 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. UT Law CLE will report credit on your behalf to the Supreme Court of Louisiana Continuing Legal Education Committee within 30 days after the conference. You will receive a Certificate of Attendance at the conference to keep for your records.
Oklahoma
15.50 hrs  |  2.50 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
15.50 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.  

UT Law CLE

2013 Technology Law Conference

Key Dates

Austin

  • Last day for Green Registration - USB Key ONLY early registration: May 17, 2013
    Add $50 for registrations received after this time
  • Last day for Standard Registration early registration: May 17, 2013
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): May 17, 2013
  • Last day for cancellation (partial refund): May 20, 2013
    $50 processing fee applied

UT Law CLE

2013 Technology Law Conference

Hotel / Venue

Austin

Four Seasons Hotel

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

Accommodations

$230.00 good through May 13, 2013
Reserve your room online.

Parking Information

Valet parking is $16 during the day of the event and $32.50 for overnight use. Limited self-parking is available for $12 during the day of the event.

UT Law CLE

2013 Technology Law Conference

Sponsors