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Legal Frontiers in Digital Media 2013

May 16-17, 2013 | Stanford, CA

pdf Conference Program | Podcast (via iTunes)

The sixth annual conference on emerging legal issues surrounding digital publishing and content distribution.  A joint conference of Media Law Resource Center and Stanford Law School Center for Internet & Society.

This intensive two-day event designed for lawyers and web publishing professionals responsible for sorting out the emerging legal issues surrounding the distribution of content on digital platforms.

Here's a rundown of this year’s sessions:

Thursday, May 16, 2013

1. Into the Breach: Managing Data Security Incidents
(1:00 PM – 2:30 PM)

This session will explore the major problems that occur when there is a data breach and what steps to take in the hours and days following such an incident. First, our computer forensics specialist, Winston Krone, will walk us through the anatomy of a data breach, including investigating its source and scope, and what remedial measures to take. Then we will ask our expert panel to discuss some key considerations during a typical data breach scenario, including: working with counsel and law enforcement, when to disclose the breach to users, steps to avoid litigation and public relations considerations.


Matthew A. Fischer, Partner, Sedgwick LLP (Moderator)
Winston Krone, Managing Director, Kivu Consulting (Tutorial)
Jonathan D. Avila, Vice President and Chief Privacy Officer, Wal-Mart Stores, Inc.
Bo Holland, Founder & CEO, AllClear ID
Joanne McNabb, Director of Privacy Education and Policy, California Attorney General

2. What's Your Exposure? Understanding Key Issues in Privacy Class Actions (2:45 PM – 4:00 PM)

With an explosion of invasion of privacy class action suits in recent months, this panel will update us on recent wins and losses in these cases brought in reaction to breaches and data collection controversies. Topics will include: recent decisions on motions to dismiss; class action certification, appeals, and settlements; developments in the area of arbitration clauses & class action waivers; and Article III standing with respect to what harm must occur for a privacy breach to give rise to the right to sue.


Rosemarie T. Ring, Partner, Munger, Tolles & Olson (Moderator)
Scott A. Kamber, Managing Member, KamberLaw, LLC
Blake Lawit, Senior Director, Litigation, LinkedIn
Michael G. Rhodes, Partner, Cooley LLP

3. Getting it Right: What Obligations Do New Media Have in the Search for Truth? (4:15 PM – 5:30 PM)

This session will look at how the mainstream media and journalists have reacted to the lightning-fast pace of information (and often, misinformation) spread on social media platforms, and explore the way forward for journalism in this environment. The panel will explore such questions as: Should social media sites be proactive (or reactive) in policing their content for deliberatively false information? Are the pressures of being timely in an instantaneous age of mass communications compelling traditional journalists to take risks that in the past they would not take? How do lawyers and editors at entities in the hot seat of breaking news (which might or might not be correct) separate the wheat from the chaff?


Timothy L. Alger, Partner, Perkins Coie (Moderator)
Steve Buttry, Digital Transformation Editor, Digital First Media
Kashmir Hill, Senior Online Editor, Forbes
Mark Little, Founder and CEO, Storyful
Regina Thomas, Assistant General Counsel,Copyright & Media Law, AOL Inc.

Friday, May 17, 2013

4. Digital Copyright Mashup (8:30 AM -9:45 AM)

This panel will discuss a mix of hot digital copyright issues, including:

• The Cablevision doctrine -- Its implications in the Aereo case as well as in cloud computing, e.g., personal backups and music lockers.
• DMCA Update: The implications of private storage lockers; defining “willful blindness” in the wake of Viacom v. Youtube; standard technical measures and the obligations of search engines.
• Reconciling the dual roles of copyright holders and service providers in policing unauthorized content.
• Is SOPA a four-letter word? What’s next in the battle over online piracy.


Jeremy Feigelson, Partner, Debevoise & Plimpton LLP (Moderator)
Darin Bassin, Executive VP and General Counsel, CBS Interactive
Benjamin Glatstein, Attorney – Copyright & Trade Secrets Group, Microsoft
David H. Kramer, Partner, Wilson Sonsini Goodrich & Rosati
Laurence F. Pulgram, Partner, Fenwick & West LLP

5. Balancing Innovation and Intellectual Property Protection in New Forms of News Distribution (10:00 AM - 11:15 AM)

This session will examine what happens when innovation and intellectual property rights collide in the news delivery business. The discussion will explore the tension and try to forge understanding between the entrepreneurs, technology companies, and other innovators and investors who develop or fund new products and platforms that aggregate, excerpt, and distill third-party content -- but often without clear authorization from those third parties; and the media organizations who create much of the content on which these new products and platforms rely -- but from whom obtaining clear authorization may be challenging. How do we move forward without stifling innovation or trampling intellectual property rights?

We will begin with a tutorial on how various aggregation-related sites and mobile applications acquire, display, and monetize third-party content, and how they address the intellectual property problem. This will be followed by a panel discussion on workable ideas for fostering technological innovation in the digital delivery and distribution of content while still allowing the content creator to receive a proportionate benefit or compensation.


Timothy Jucovy, Associate Counsel, Washington Post (Moderator)
Harlan Yu, Partner & Co-Founder, Robinson + Yu (tutorial)
Anthony Falzone, Deputy General Counsel, Pinterest
Geoff Griffith, Senior Counsel, Google
Stuart Karle, Chief Operating Officer, Reuters
David Vigilante, Senior Vice President, Legal, CNN

6. Digital Media Venture Capital 2013 (11:30 AM - 12:45 PM)

Our third annual discussion with members of venture capital firms to get their perspective on the future of digital media. Always a lively discussion, our VC's will provide insights on near-term trends and trajectories in the digital media industry and will comment on the practicality and commercial viability of all the latest technologies, apps and digital platforms.


Tobin M. Dommer, Special Counsel, Sheppard Mullin (Moderator)
David J. Blumberg, Managing Partner, Blumberg Capital
David Hornik, General Partner, August Capital
Andrea Zurek, Founding Partner, XG Ventures

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