2023 Media Law Conference

Wednesday October 4 – Friday October 6, 2023

The conference focuses on the practical aspects of media law and litigation, with a mix of plenary and boutique sessions on a wide variety of topics.

Wednesday October 4, 2023

11am
Registration Opens – Lansdowne Ballroom Foyer

2:45–3:45pm Lansdowne Ballroom AB
Program: Fair Use, Parody and Transformation
A discussion of the impact of the Supreme Court’s Warhol and Jack Daniel’s decisions. With Tom Hentoff, Williams & Connolly (represented Lynn Goldsmith); Harvard Professor Rebecca Tushnet (who wrote amicus briefs in both cases); Roman Martinez, Latham & Watkins (argued Warhol in SCOTUS); Susan Kohlmann, Jenner & Block (who submitted amicus briefs in both cases); and moderator James Rosenfeld, Davis Wright Tremaine.

4–5pm
BOUTIQUE SLOT A

During the Conference there are 5 Boutique Slots, each an hour, for 18 different boutiques. At each slot you can choose to attend any one of the boutiques being offered without pre-registration. Copyright, Digital Media, Entertainment, Ethics, Libel Developments, Newsgathering and Prepub – are offered 2x.

• Digital Media – Ballroom C
  Liability for content moderation; government speech: jawboning or coercion?; data privacy developments; Sec. 230 and more.
  Jeff Hermes, MLRC; Regina Thomas, Yahoo;
  Jennifer Dukarski, Butzel Long; Stephanie Abrutyn, Dentons
• Ethics for Media Lawyers – Ballroom D
  Managing journalist/company conflicts; ethics of ChatGPT and other AI; remote work issues.
  Theresa House, Arnold & Porter; Andrew Pauwels, Honigman
  Ashley Messenger, NPR; Adrianna Rodriguez, TelevisaUnivision
• Entertainment Law – Thurber
  Discussion of a ripped from the headlines hypothetical.
  Jonathan Anschell, Mattel; Lee Brenner, Venable
  Cory Greenberg, Tubi; Jessica Davidovitch, Warner Bros. Discovery
• Newsgathering – Amphitheater
  Camera coverage of the Trump trials; gag orders; journalist safety; and more.
  Rachel Fugate, Shullman Fugate; Kristi Ramsay, CNN;
  Brian Barrett, Associated Press; Leita Walker, Ballard Spahr
• Trial Techniques – Bacon
  Practical media trial strategies.
  Charles “Chip” Babcock, Jackson & Walker

6-7pm
Opening Reception on the Outdoor Patio
Sponsored by Mandell Menkes LLC

7-9:15pm
Dinner and Program:  Dominion v. Fox: What’s Its Impact Ballroom AB
A discussion of what happened in the case, the legal decisions and strategies, the settlement, and the case’s ramifications.
With Floyd Abrams, Cahill Gordon; Prof. RonNell Andersen Jones, U. of Utah Law School; Lee Levine; Charles “Chip” Babcock, Jackson Walker; Tom Clare, Clare Locke LLP (counsel to Dominion).
Sponsored by Venable LLP

9:20-10:40pm
A Movie Screening: “Floyd Abrams – Speaking Freely” Ballroom AB
A showing of a recent PBS biopic about Floyd Abrams and the First Amendment.

Thursday October 5

8:15-10:00am (program starts at 9am)
Breakfast with Program: The Supreme Court – Direction and Dynamics Ballroom AB
A roundtable among star Supreme Court journalists and litigators about whether the Court has become too political or biased, how the justices and the Chief are relating to each other, changes resulting from the pandemic, its ethical issues, breaking precedent and views on its First Amendment jurisprudence.
With Amy Howe, SCOTUSblog; Greg Stohr, Bloomberg; Donald Verrilli, former Solicitor General, partner Munger Tolles & Olson. Moderator: Dave Heller, MLRC.

10:10-11:10am
BOUTIQUE SLOT B

• FOIA – Bacon
  Hot topics; recent cases of note; legislative reform; and more.
  David McCraw, New York Times; Katie Townsend, RCFP
• Libel Developments – Thurber
  Actual malice developments; libel suits as a political tool; neutral reportage after Dominion; and more.
  Anna Kadyshevich, Warner Bros. Discovery; Matthew Leish, Miller Korzenik Sommers Rayman;
  Kate Bolger, Davis Wright Tremaine; Matthew Schafer, Paramount
• Media Deals – Ballroom D
  Interactive drafting: closing a talent release; getting the grant of rights just right.
  Alexia Bedat, Klaris Law; Raphael Winick, The Walt Disney Co.
• PrePublication Review – Amphitheater
  Interactive discussion of legal issues in a hypothetical news article.
  Fabio Bertoni, The New Yorker; Al-Amyn Sumar, New York Times;
  Victoria Baranetsky, The Center for Investigative Reporting; Dan Novack, Penguin Random House
• Right of Publicity & Privacy – Ballroom C
  AI and right of publicity/proposed federal legislation; state law RoP updates; “Trump too Small’ in the Supreme Court; and more.
  Ben Sheffner, MPA; Jacquelyn Schell, Ballard Spahr
  

11:25-12:25pm
BOUTIQUE SLOT C

• Copyright Developments – Ballroom C
  AI and copyright; fair use after Warhol; substantial similarity; fate of the “server test.”
  Lauren Fisher, Vox Media; JP Jassy, Jassy Vick Carolan;
  Josh Bornstein, Fox Rothschild; Collin Peng Sue, Netflix
• International Law – Bacon
  Libel and privacy developments from across the pond and down under.
  Adam Cannon, The Sun; Jack Browning, Davis Wright Tremaine
• Newsgathering – Amphitheater
  See Slot A
• Subpoenas & Shield Laws – Thurber
  The DOJ Guidelines; the PRESS Act in Congress; the raid of the Marion County Record newspaper; and more.
  David Vigilante, CNN; Jeffrey Portnoy, Cades Shutes
• Trial Tales – Ballroom D
  In-depth analysis of Palin v. NYT and Gaudette v. Mainely Media.
  Michael Berry, Ballard Spahr. With Dana Green, New York Times; David Axelrod, Ballard Spahr; Cynthia Counts, Fisher Broyles

12:30-2pm
Lunch and Program: Senator Ron Wyden and Sec. 230 / Journalism Jeopardy
A taped Zoom Q&A with Sen. Wyden (D-OR) about the future of Sec. 230 and the legislative initiatives to amend it as well as the PRESS Act. Plus a rousing round of Journalism Jeopardy.
Sponsored by Jenner & Block

2-3pm
BOUTIQUE SLOT D

• Advertising & Commercial Speech – Bacon
  Auto-renewals; FTC 2023 guides; banning fake reviews and testimonials; cannabis advertising; and more.
  Brendan Healey, Baron Harris Healey; Katherine Surprenant, Klaris Law
   
• Anti-SLAPP – Ballroom D
  Slapping Back: Discussion on Recovering Fees and New Legislation
  Kaitlin Gurney, Ballard Spahr; Laura Prather, Haynes & Boone
  
• Copyright Developments – Ballroom C
  See Slot C
  
• Entertainment Law – Thurber
  See Slot A
  
• Libel Developments – Amphitheater
  See Slot B
  

3-6pm
Recreation Time
Enjoy Lansdowne’s running and bike paths, tennis courts (with round-robin for hackers), golf course, pool and spa.

5:30-6:30pm
Next Generation / First Timers Happy Hour at Coton & Rye Hotel Bar
Drinks and networking for members of MLRC’s Next Gen committee and first timers to the conference.

6-7pm
London Conference 2024 Open Planning Meeting
Ballroom C

7-9pm
Dinner (on your own)
Free time to dine and network with clients and friends. Click for list of restaurants and bars in Leesburg. If you have no plans, there will be sign-up sheets at the conference registration table to join MLRC Staff and Board Members for dinner in the hotel.

9-10:30pm
After-Dinner Reception / Wine Tasting at the Waterfall Terrace
Sponsored by Mutual Insurance

FRIDAY OCTOBER 6

9-10:30am (program starts at 9:30)
Breakfast and Program: Online Content Moderation: What’s Its Future – Ballroom AB
A session on content moderation by social media platforms and the impact of the Oversight Board, created to help Facebook answer some of the most difficult questions around freedom of expression online. The session will feature Brent Harris, who, in his role as VP of Governance at Meta, led the efforts to create and develop the Oversight Board. Moderator: Alison Stein, Jenner & Block

10:45-11:45am
BOUTIQUE SLOT E

• Digital Media – Thurber
  See Slot A
  
• Ethics for Media Lawyers – Ballroom C
  See Slot A
  
• Hot Topics in Photography – Ballroom D
  Treatment of photographers by police and protestors; fair use and photography; the Copyright Claims Board; and more.
  Mickey Osterreicher, Finnerty Osterreicher & Abdulla / NPPA
  
• Music Copyright – Bacon
  Types of copyrights in music and applicable rights; royalties: how the money flow; music copyright infringement; and more.
  Scott Sholder, Cowen DeBaets; Emma Raviv, Spotify
  
• PrePublication Review – Amphitheater
  See Slot B

12-1:30pm
Lunch with Program: AI: Will it Overwhelm Us and How – Ballroom AB
Panel discussion on the legal, media, cultural and ethical impacts of AI in journalism and beyond.
Nicol Turner Lee, Director of the Center for Technology Innovation at the Brookings Institute; Sy Damle, former GC at the US Copyright Office, partner Latham & Watkins; Evan Young, NOTA AI; Phoebe Connelly, Washington Post, Director Next Generation Audiences. Moderator: Lauren Chamblee, Microsoft.
Sponsored by Arnold & Porter

Conference Planning Group

Robert Balin, Davis Wright Tremaine; Lauren Chamblee, Microsoft; Michael Grygiel, Greenberg Traurig; Bob Latham, Jackson Walker; Carol LoCicero, Thomas & LoCicero; Steven Mandell, Mandell Menkes; Rachel Matteo-Boehm, Bryan Cave Leighton Paisner; Peter Rienecker, Warner Bros. Discovery; Anna Rodriguez, TelevisaUnivision; Charles Tobin, Ballard Spahr; George Freeman, MLRC; Dave Heller, MLRC