Program
As is customary with ITechLaw conferences, speakers will present multinational perspectives. There will be numerous opportunities to meet with ITechLaw members and attendees, as our mission is to provide unparalleled opportunities for international networking and knowledge sharing.
Wednesday, april 23
1:00–5:00 p.m.
Substantive Law Committee Meetings • Bellagio
6:30–8:00 p.m.
Welcome Reception • Monet 1, Bellagio
Thursday, April 24
8:00–8:45 a.m.
Continental Breakfast
In-House Counsel Committee Meeting
8:45–9:00 a.m.
Welcome and Opening Address
Enrique Batalla, President of ITechLaw
Annual Meeting Proceedings, Elections of Board of Directors and Officers: Enrique Batalla, President and Richard Allan Horning, Immediate Past President and Chair of Nominating Committee
9:00–9:20 a.m.
Keynote Address
Joydeep Mukherjee, Vice President and Head, Knowledge Services, Infosys, Bangalore
9:20–10:50 a.m.
E-Commerce Update
Recent developments in e-commerce, comparing European, Asian and American Internet commerce, the convergence of e-privacy compliance and the most recent precedent setting cases impacting business trends on the Internet.
Moderator: Alan Sutin, Greenberg Traurig, New York
Matt Murphy, MMLC Group, Beijing; Sajai Singh, J Sager Associates, Bangalore; Françoise Gilbert, IT Law Group, Palo Alto; Michael Chissick, Field Fisher Waterhouse, London
10:50–11:15 a.m.
Networking Coffee Break
11:15 a.m.–1:00 p.m.
International Aspects of Internet Gaming: Trends and Development in Internet Gaming
Moderator: Antonio Mille, Estudio Mille, Buenos Aires
This section will focus on emerging trends in Internet gaming including those countries that have begun licensing Internet gaming sites, the growth of the Internet gaming industry over the last decade, and the issues concerning unregulated versus regulated gaming sites.
• Has the U.S. Really Killed Online Gambling? The State of Online Gambling After Recent U.S. Initiatives: An international perspective examining the state of the restructuring of the online gambling industry and the legal issues that this restructured industry faces in the U.S. and elsewhere.
Ian Kyer, Fasken Martineau LLP, Toronto
• A Response from Europe
Paul Taylor, Osborne Clarke, Reading
• In the Ring: Antigua vs. the United States:
A mock appellate argument to the World Trade Court representing the dispute between the country of Antigua and the United States of America regarding America’s recent prohibition against banks, credit card companies and financial institutions from processing Internet gaming transactions.
The arguments will be presented to a former member of the World Trade Court, who will analyze the arguments and suggest the factors which will be of most importance in the World Trade Court’s analysis of the dispute.
Judge: Salvatore (Sam) Basile, Greenberg Traurig, Las Vegas; appearing for Antigua: Hon. Alfonse D’Amato, Park Strategies, New York; appearing for the U.S.: Marc Friedman, Sills Cummis Epstein & Gross PC, New York
1:00–2:30 p.m.
Networking Lunch
Sponsored by Quatrro
Committee Tables: IP Committee, Data Protection Committee, E-Commerce Committee and Outsourcing Committee
2:30–4:15 p.m.
Liability and Convergence in Internet Communication and Telecoms
Moderator: Rick Joyce, Venable, Washington, D.C.
• Panel Discussion on Convergence: Discussion of the new legal challenges that recent developments in technology bring to mobile operators, broadband and Internet providers and how the consolidation of telecom companies worldwide affect both the companies and consumers, including legal aspects of consolidation and cross-licensing.
Panel: John Muleta, M2 Z Communications, Arlington; Will Johnson, Verizon, Washington, D.C.; Derek Slater, Google, Inc., Mountain View
4:15–4:40 p.m.
Networking Coffee Break
4:40–6:30 p.m.
Liability Issues with the Developing Technologies
Moderator: Sandra Jeskie, Duane Morris LLP, Philadelphia
• WiMAX and Royalty Issues: A look at WiMAX technology and broadband access and intellectual property rights. A comparison of how other broadband access technologies deal with intellectual property issues and whether WiMAX vendors should expect to hear from patent holders in the very near future.
Jack Fijolek, UTStarcom, Alameda
• Copyright Protection of Internet Content: A review of several methods of enforcing copyright protection for Internet content, including an update on recent court decisions.
Richard Gabriel, Holme Roberts & Owen, Denver
• Mass Enforcement of Copyrights: Discussion of the Recording Industry Association of America’s strategies and methods for enforcing copyrights by mass copyright infringement actions in the U.S.
Matt Oppenheim, The Oppenheim Group, Washington, D.C.
• European Copyright Update: A review of the European perspective on issues of copyright protection, including recent court decisions.
Joerg Wimmers, Taylor Wessing, Hamburg
• Interception of Electronic Communications: Protection of Trade Secrets/Combating Terrorism vs. Invasion of Privacy: With the expansion of Voice Over Internet Protocol (VoIP) based communications, the debate over interception of electronic communications has become more heated than ever. Governments and businesses seek interception as protection against terrorism and/or industrial espionage (theft of trade secrets). Personal privacy is definitely at risk. A look at the potential liabilities for all sides of this debate.
Konrad Trope, Novo Law Group PC, Newport Beach
7:30–10:30 p.m.
Gala Reception and Dinner • Bellagio
Ticketed Event.
Friday, April 25
8:00–9:00 a.m.
Continental Breakfast
ITechLaw Women’s International Network (I-WIN) Committee Meeting
9:00–10:35 a.m.
Practical Issues Dealing with Open Source
Moderator: Richard Allan Horning, Fish & Richardson LLP, Redwood City
• GPL 3.0 - A User’s Guide: The General Public License (GPL) is the most widely used license for OSS. Last year, a new version of the license was publicly debated and finally released. Important changes were made to address concerns that arose with the prior version.
Lothar Determann, Baker & McKenzie, San Francisco
• Open Source Licensing Models and How to Select One: Using OSS does not mean that commercial entities do not make money from its distribution. Added value services, integrated systems and dual releases are a few of the important business models in use today. What model should be selected and what licenses work best with each model?
Lawrence Rosen, Rosenlaw & Einschlag, Ukiah
• Handling OSS in M&A Transactions: M&As continue despite the fact that target companies are using OSS or actively distribute OSS as part of their business model. Due diligence must be able to identify and mitigate licensing restrictions and compliance issues.
Jim Markwith, Microsoft, Redmond
• Creative Commons: Benefits and Pitfalls. Patent pledges and Wikis are instances of shared knowledge and developments being used to drive profits. What are the tradeoffs of public dedication versus maintaining proprietary rights?
Richard Owens, Blakes, Toronto
10:35–11:05 a.m.
Networking Coffee Break
11:05 a.m.–12:35 p.m.
Latest Issues in Intellectual Property
Moderator: Eric M. Nelson, Knobbe Martens Olson & Bear LLP, San Diego
• Top Mistakes in Patent and Technology Licensing: Analyzing the top ten most commonly made mistakes in patent/technology licensing. These often result from a gap between commercial law practice and patent law practice. On the one hand, corporate attorneys responsible for a company’s commercial licensing activities, may lack the specialized knowledge of patent law needed to deal with the unique issues in that area. On the other hand, patent attorneys managing the patent portfolio often lack sufficient familiarity with transactional practice to draft a commercial license.
Joe Yang, PatentEsque Law Group, LLP, Menlo Park
• Rise of Patent Holding Companies: Good or Bad for Business? What to expect from a patent holding company. U.S. and European perspectives explored.
Moses Mares, Acacia Research, Newport Beach; Per Josefson, Mannheimer Swartling, Stockholm
• Hidden Trademark Use: The Dark World of Sponsored Links and Meta-tags. A comparison between U.S. and EU positions in this area.
Jenna Leavitt, Pillsbury Winthrop Shaw Pittman LLP, Los Angeles; Susan Barty, CMS Cameron McKenna, London
12:35–2:00 p.m.
Networking Lunch
Local Representatives Committee Meeting
2:00–3:45 p.m.
Outsourcing: Recent Developments and Trends
Moderator: John Beardwood, Fasken Martineau DuMoulin, Toronto
• Outsourcing Update: The Big Picture
The Business Overview: Recent major and global outsourcing deals will be reviewed and recent trends and industry developments discussed.
Thomas Torlone, Deloitte Consulting LLP, San Francisco.
The Legal Overview: Outsourcing terms and conditions have developed significantly over the last five years - how and in response to which customer requirements have outsourcing contracts developed and will they develop.
Gregg Kirchhoefer, Kirkland & Ellis, Chicago
• Managing Risks: Why Gambling with Your Outsource Provider Doesn’t Pay
The Off-shoring Option: Off-shored data center management, development and maintenance services are an integral part of any major outsourcing deal. This presentation will evaluate and assess risks related to off-shored services and present best practices in respect of off-shore risk management.
Matthew Karlyn, Foley & Lardner LLP, Boston
Designing Termination Clauses: Termination for breach is a catastrophic event in an outsourcing relationship. Nevertheless, more than 50% of all outsourcing agreements fail within the first four years. Best practices in respect of termination provisions will be explored and considerations on when and how to terminate and how to plan and manage the transition to a replacement provider will be discussed.
Diana McKenzie, Neal Gerber & Eisenberg, Chicago
Proactive Remedies Schemes: While most contractual remedies work retroactively, proactive remedies are used to identify and manage risks by adopting an “early warning system.” The main features of proactive remedies regimes and practical experiences in global projects will be presented.
Roger Bickerstaff, Bird & Bird, London
3:45–4:10 p.m.
Networking Coffee Break
4:10–5:45 p.m.
Redesigning the Outsourcing Business Model: Outsourcing for the Future
Moderator: Amy-Lynne Williams, Deeth Williams Wall LLP, Toronto
• Virtualization: Virtualization is a key driver of efficiency savings but has inherent risks in terms of security issues, privacy and difficult licensing issues to manage.
Mike Hepburn, McGuire Woods, Chicago
• On the Straight and Narrow - Aligning of Customer and Vendor Incentives: Handling the fundamental contradiction inherent in the outsourcing model -- customer required service improvements, innovation and efficiency improvements vs. vendor preference to maintain an unchanged delivery apparatus while providing efficiency improvements.
Iain Monaghan, Pinsent Masons, London
• Managing Multi-vendor Environments: Maintaining competition between suppliers is a fundamental tool to achieve success in outsourcing. This can be obtained by multi-vendor strategies designed to secure continuous price competition. Key contractual provisions, structures and pitfalls in relation to multi-vendor management will be examined.
Brad Peterson, Mayer Brown Rowe, Chicago
• Capturing Customer Satisfaction: How to Ensure Value for Money Delivery: Outsourcing is betting against the odds as customer satisfaction is often low despite contractual performance. This presentation explores a cutting-edge development – value for money adjustments – designed to capture all elements leading to customer satisfaction and tying those elements to the remuneration model.
Ole Horsfeldt, Gorrissen Federspiel Kierkegaard, Copenhagen
5:45–6:00 p.m.
Closing Address
Enrique Batalla, President of ITechLaw
Saturday, April 26
8:00 a.m.–6:00 p.m.
Executive Committee and Board Meetings
