eConference

2016 Technology Law eConference

Contains material from Jun 2016

2016 Technology Law eConference
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Extraordinary material. I love the mix of speakers, the great experiences they shared, the insights into the opportunities, challenges, and pitfalls of today's technology law sphere.

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UT Law’s 29th Annual Technology Law eConference brings together 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 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
  • Open source software licensing and developments in compliance initiatives
  • The Evolving U.S. and EU Privacy Framework, with insight from Dell and BP International
  • Ethical issues involved in the use and regulation of big data, as well as the intersection of data mining and political activities
  • Cybersecurity—recent legal and regulatory developments, tips for developing and testing incident response plans, and best practices for cyber risk management
  • Protecting Trademarks and Copyrights Online
  • A look at how technology is changing the employee-employer relationship—agreements for protecting yourself from the “moonlighting employee,” as well as the evolving difference between employees and “end-users” when Working for the App
  • Key Issues in Corporate Transactions, plus legal and business considerations for taking a company public
  • A panel of U.S. District Court Judges discuss current issues in technology law and best practices as they occur in federal litigation

Includes: Video Audio Paper Slides


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1. Protecting Your Technology Post-Alice? (Jun 2016)

Kevin J. Meek

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(mp4)
34 mins
(mp3)
34 mins
(pdf)
17 pgs
Session 1 —34 mins
Protecting Your Technology Post-Alice? (Jun 2016)

The Alice case has reestablished Section 101 as a real test of patent validity and scope. How does this case change a company’s strategy toward patent acquisition and valuation? Do portfolios need to be reevaluated or reorganized? Do filing targets and budgets need to be reevaluated? 

Originally presented: May 2016 Technology Law Conference

Kevin J. Meek, Baker Botts - Austin, TX

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2. Open Source Software Licensing Compliance in the Age of Community and Containers (Jun 2016)

Heather J. Meeker

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(mp4)
44 mins
(mp3)
44 mins
(pdf)
8 pgs
Session 2 —44 mins
Open Source Software Licensing Compliance in the Age of Community and Containers (Jun 2016)

A look at the latest developments in open source community compliance initiatives, as well as trends in technology that present new challenges for compliance initiatives.

Originally presented: May 2016 Technology Law Conference

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

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3. Understanding Dispute Resolution Options in Technology Agreements (Jun 2016)

John R. Lane

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(mp4)
35 mins
(mp3)
35 mins
(pdf)
11 pgs
Session 3 —35 mins
Understanding Dispute Resolution Options in Technology Agreements (Jun 2016)

A discussion of key strategies for determining the best options for your technology agreement, including a look at the types of ADR in domestic and international disputes, treaty obligations applicable to litigation and ADR, and model ADR clauses.

Originally presented: May 2016 Technology Law Conference

John R. Lane, Fish & Richardson P.C. - Houston, TX

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4. The Evolving U.S. and E.U. Privacy Framework (Jun 2016)

Laura Ewbank, Gavin D. George, Lisa E. Zolidis

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(mp4)
62 mins
(mp3)
62 mins
Paper
(pdf)
3 pgs
(pdf)
8 pgs
Paper
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Slides
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Session 4 —62 mins
The Evolving U.S. and E.U. Privacy Framework (Jun 2016)

Explore the E.U. and U.S. approaches to addressing the need to provide national security while maintaining privacy protections for individuals, examining international data transfer protections including the end of Safe Harbor and the creation of Privacy Shield.

Originally presented: May 2016 Technology Law Conference

Laura Ewbank, Microsoft Corporation - Redmond, WA
Gavin D. George, Haynes and Boone, LLP - Dallas, TX
Lisa E. Zolidis, Dell - Round Rock, TX

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5. The Ethics of Using Big Data (Jun 2016)

Martin Abrams

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(mp4)
42 mins
(mp3)
42 mins
(pdf)
5 pgs
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15 pgs
Session 5 —42 mins
The Ethics of Using Big Data (Jun 2016)

Traditional legal compliance just doesn’t cut it for governing big data processes. Data is re-purposed for uses beyond expectations. The Federal Trade Commission is concerned with hidden discrimination. Privacy regulators are concerned with secret outcomes. To be acceptable, the process needs to be legal, fair, and just—how can companies meet these expectations? 

Originally presented: May 2016 Technology Law Conference

Martin Abrams, The Information Accountability Foundation - Plano, TX

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6. Data Mining and Democracy: The Use of Technology and Data for Political Activities (Jun 2016)

Marci Harris

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(mp4)
31 mins
(mp3)
31 mins
(pdf)
19 pgs
Session 6 —31 mins
Data Mining and Democracy: The Use of Technology and Data for Political Activities (Jun 2016)

Originally presented: May 2016 Technology Law Conference

Marci Harris, POPVOX - San Francisco, CA

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7. eHealth: Where Are We Now? (Jun 2016)

Jennifer L. Rangel

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(mp4)
46 mins
(mp3)
46 mins
(pdf)
22 pgs
(pdf)
36 pgs
Session 7 —46 mins
eHealth: Where Are We Now? (Jun 2016)

Explore recent trends arising from the intersection of technology and health care, including the use of telemedicine/telehealth, wearable health technology, mobile medical apps, and a review of current data sharing issues and how health data can be shared among payors, providers, and employers, and for what purposes.

Originally presented: May 2016 Technology Law Conference

Jennifer L. Rangel, Locke Lord LLP - Austin, TX

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8. Recent Developments in Cybersecurity Law and Policy (Jun 2016)

Jonathan W. Gannon

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(mp4)
53 mins
(mp3)
53 mins
(pdf)
9 pgs
Session 8 —53 mins
Recent Developments in Cybersecurity Law and Policy (Jun 2016)

An overview of recent developments in cybersecurity law and policy, including executive branch initiatives and regulatory efforts, with a focus on the recently-enacted Cybersecurity Information Sharing Act of 2015—the result of several years of debate about how Congress should address cybersecurity issues.

Originally presented: May 2016 Technology Law Conference

Jonathan W. Gannon, AT&T Services, Inc. - Columbia, MD

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9. Development and Testing of Incident Response Plans (Jun 2016)

Christopher M. Koa, Bill F. Odom, R. Jason Straight, Luke Tenery

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(mp4)
54 mins
(mp3)
54 mins
(pdf)
6 pgs
Session 9 —54 mins
Development and Testing of Incident Response Plans (Jun 2016)

Across industries, the threat of increasingly inevitable—and devastating—data breaches has increasingly become a Board of Directors concern. Learn critical best practices to consider adopting—and key pitfalls to avoid—in conducting proactive data breach response planning, including identifying critical vulnerabilities, assembling an effective incident response team, defining training exercises that will prepare the response team to mobilize when crises hit, and addressing legal and regulatory requirements and risks.

Originally presented: May 2016 Technology Law Conference

Christopher M. Koa, Dorsey & Whitney - Seattle, WA
Bill F. Odom, EY - Houston, TX
R. Jason Straight, UnitedLex Corp. - New York, NY
Luke Tenery, Kroll - Chicago, IL

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10. Cyber Risk Management (Jun 2016)

Gerard M. Stegmaier, Robert Wallace

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(mp4)
43 mins
(mp3)
43 mins
(pdf)
5 pgs
Paper
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2 pgs
Slides
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5 pgs
Session 10 —43 mins
Cyber Risk Management (Jun 2016)

Survey the current cyber threat landscape and explore ways to manage the related risks. Gain a view from the front lines of recent attacks along with tips on how to mitigate the risks and manage a crisis should a company become a victim.

Originally presented: May 2016 Technology Law Conference

Gerard M. Stegmaier, Goodwin Procter LLP - Washington, DC
Robert Wallace, Mandiant - Dallas, TX

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11. Technology Law from the Bench (Jun 2016)

Jonathan Lass, Hon. Xavier Rodriguez, Hon. Lee Yeakel

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(mp4)
40 mins
(mp3)
40 mins
(pdf)
12 pgs
(pdf)
18 pgs
Slides
(pdf)
5 pgs
Session 11 —40 mins
Technology Law from the Bench (Jun 2016)

This panel discusses technology, eDiscovery, and information governance best practices as they occur in federal litigation specifically from the view of the bench. Topics include recent developments in eDiscovery law, including legal holds, cost-shifting, proportionality, privilege preservation, and sanctions; and judicial approaches to managing eDiscovery, including procedural issues, production disputes, noncooperation, noncompliance with court orders, production and privilege issues, proportionality, privilege waiver, and use of special discovery masters, with a focus on the December 2015 amendments to the Federal Rules of Civil Procedure.

Originally presented: May 2016 Technology Law Conference

Jonathan Lass, Jackson Walker L.L.P. - Austin, 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

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12. Advanced Licensing (Jun 2016)

Edward A. Cavazos, Keith E. Witek

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(mp4)
60 mins
(mp3)
59 mins
(pdf)
26 pgs
Session 12 —60 mins
Advanced Licensing (Jun 2016)

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.

Originally presented: May 2016 Technology Law Conference

Edward A. Cavazos, Pillsbury Winthrop Shaw Pittman LLP - Austin, TX
Keith E. Witek, Tesla Motors - Austin, TX

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13. Protecting Trademarks and Copyrights Online: Perspectives and Strategies from In-House and Outside Counsel (Jun 2016)

Alicia Morris Groos, Sanjiv Sarwate

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(mp4)
61 mins
(mp3)
60 mins
(pdf)
41 pgs
(pdf)
22 pgs
Session 13 —61 mins
Protecting Trademarks and Copyrights Online: Perspectives and Strategies from In-House and Outside Counsel (Jun 2016)

For many companies and other IP owners, trademark and copyright issues involving domain names, websites, online marketplaces, and social media platforms continue to account for a significant amount of legal spend and effort, especially as infringements may occur across the globe and IP owners receive backlash in the media and on social networks. Trademark and copyright owners need to develop strategies to determine how and when to protect their IP. Examine recent legal developments in this area, and hear practical discussion and tips on these topics from both in-house and outside counsel perspectives.

Originally presented: May 2016 Technology Law Conference

Alicia Morris Groos, Norton Rose Fulbright - Austin, TX
Sanjiv Sarwate, Dell - Round Rock, TX

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14. The Case of the Moonlighting Employee (Jun 2016)

Allison L. Bowers, Brenna Holmes Nava

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(mp4)
47 mins
(mp3)
47 mins
(pdf)
28 pgs
Slides
(pdf)
8 pgs
Session 14 —47 mins
The Case of the Moonlighting Employee (Jun 2016)

When your company's employee creates IP for the competitor, who owns it? Hear litigation options as well as state-of-the-art agreements for such a scenario and learn how employers can best protect themselves when they discover that their employee has been secretly competing while on the company payroll.

Originally presented: May 2016 Technology Law Conference

Allison L. Bowers, Hutcheson | Bowers LLLP - Austin, TX
Brenna Holmes Nava, Rackspace Hosting, Inc. - San Antonio, TX

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15. Working for the App (Jun 2016)

Jason Boulette

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(mp4)
45 mins
(mp3)
45 mins
(pdf)
35 pgs
(pdf)
13 pgs
Session 15 —45 mins
Working for the App (Jun 2016)

Explore the effects of the sharing economy on the traditional employment model as companies use technology to connect providers and end-users in novel ways, and employees increasingly view themselves as individual entrepreneurs with their own business aspirations. Understand more about the scope and limitations of the employee–vs.–contractor classification system, the use of arbitration agreements as a response to judicial second-guessing, the scope of an employee’s fiduciary duty, the ownership of employee inventions, and some of the potential consequences associated with replacing the traditional employment model with individually-defined, market-driven, peer-to-peer business relationships.

Originally presented: May 2016 Technology Law Conference

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

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16. Algorithmic Liability: Robots, Drones, Trolleys, and More (Jun 2016)

Bryant Walker Smith

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(mp4)
28 mins
(mp3)
27 mins
(pdf)
45 pgs
(pdf)
14 pgs
Session 16 —28 mins
Algorithmic Liability: Robots, Drones, Trolleys, and More (Jun 2016)

Originally presented: May 2016 Technology Law Conference

Bryant Walker Smith, University of South Carolina School of Law - Columbia, SC

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17. The Social Media Economy (Jun 2016)

Adam A. Berry, Stephen E. Stein

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(mp4)
46 mins
(mp3)
46 mins
(pdf)
32 pgs
Session 17 —46 mins
The Social Media Economy (Jun 2016)

Learn how IP assets, including patents, trade secrets, data, content, and media, are being bought, sold, licensed, and monetized (and best practices for doing so), reviewing relevant, current transactions.

Originally presented: May 2016 Technology Law Conference

Adam A. Berry, Twitter, Inc. - San Francisco, CA
Stephen E. Stein, Thompson & Knight LLP - Dallas, TX

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18. Taking a Company Public: Key Legal and Business Considerations (Jun 2016)

Rob Horton, J. Robert Suffoletta

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(mp4)
45 mins
(mp3)
45 mins
(pdf)
89 pgs
Paper
(pdf)
5 pgs
(pdf)
13 pgs
Session 18 —45 mins
Taking a Company Public: Key Legal and Business Considerations (Jun 2016)

Review the new initial public offering (IPO) playbook four years after the JOBS Act, with special attention to the confidential submission process, use of testing the waters communications, and the typical IPO timeline. Explore key issues regarding the decision whether to go public, trends in employee compensation for companies going public, and due diligence considerations involving IP matters.

Originally presented: May 2016 Technology Law Conference

Rob Horton, MuleSoft - San Francisco, CA
J. Robert Suffoletta, Wilson Sonsini Goodrich & Rosati, P.C. - Austin, TX

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19. Key Issues in Corporate Transactions: Lessons Learned from Select Delaware Cases (Jun 2016)

Wilson Chu, Margot Carter, Lisa R. Stark

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(mp4)
60 mins
(mp3)
59 mins
(pdf)
17 pgs
Session 19 —60 mins
Key Issues in Corporate Transactions: Lessons Learned from Select Delaware Cases (Jun 2016)

Discuss lessons learned from select Delaware cases of particular relevance to emerging companies, and explore strategies for satisfying fiduciary and contractual obligations to common and preferred stockholders with divergent interests, binding selling stockholders to indemnification and other obligations desired by the buyer in a sales process, balancing the fiduciary obligations of designated directors with the demands of the designating stockholder, preserving the target’s attorney–client privilege with respect to pre-closing communication, and insulating sellers from liability for extra-contractual statements made during the due diligence process.

Originally presented: May 2016 Technology Law Conference

Wilson Chu, McDermott Will & Emery - Dallas, TX
Margot Carter, Living Mountain Capital LLC - Dallas, TX
Lisa R. Stark, K&L Gates LLP - Wilmington, DE