MSBA Computer and Technology Law Section

2013 Computer & Technology Law Institute

DATE & LOCATION
Tuesday, November 19, 2013
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Third Floor City Center, Minneapolis

Below are the individual CLE topics and abstracts, in chronological order of their planned presentation.

 

The Year in Review: Top 10 Tech Law Developments for 2013
What are some of the most important legal developments over the past year? Two experienced technology lawyers – a litigator and corporate counsel – will explain how these developments are (or should be) impacting your legal practice.

(big) Data Portability Challenges
our data is everywhere and it grows incessantly. Sites such as Facebook, Google, Twitter and Bing continuously and rapidly expand the amount of information they store and organize about us. Almost concomitantly, the desire to control our data emerges. We seek to be able to easily port it from one site to another. This is as strong a desire as it is complex. It is mired by conflicting interests and difficult operating environments that collide and thwart the quest to deliver it. Much of the data portability debate centers on user privacy and rights in data, but site operator interests are also relevant and require discussion. This presentation addresses 3 key themes in this context: (1) The Site – User Contractual relationship; (2) Impenetrability of Terms of Use and Information regulation; and (3) Big Data Privacy Challenges.

New Money: Hot Topics in Mobile Payments and Virtual Currency
Come hear about recent developments in the technology, law, and regulatory environment regarding mobile payments and virtual currency. The current and potential future impact of these developments will be discussed in the context of the mobile payments and virtual currency ecosystems as a whole and as applied to specific issues. The presentation will address topics such as contract drafting, privacy and data security concerns, and regulatory guidance and enforcement.

Managing Privacy and Data Security Risks Through a Vendor Management Program
This session will provide an overview of the privacy and data security considerations associated with the management of service providers across industries. What steps should be taken to select and retain service providers, and how can companies manage risk by imposing contractual obligations on vendors? What privacy and data security risks should in-house and outside counsel consider when retaining service providers in the U.S. and abroad? What are the special considerations resulting from recent information security incidents that impact vendor management programs?

Patents, Policy, Politics and Practice: Are Non Practicing Entities—or Patent Trolls—Everything the Media Claims?
Understand why Non Practicing Entities (NPEs) are not all alike and why definitions for “patent trolls” may be problematic; hear about efforts by states and Attorneys General to fight NPEs and pending bills before Congress; learn how the debate over patent-eligibility for software and eCommerce relates to NPE activities; obtain the latest information about the impact of the America Invents Act and practical practice pointers.

Responding to a bSA or Vendor Software Audit, and Software Asset Management Strategy
Because most software audits and disputes are settled confidentially and without judicial involvement, there is little case law on the subject to guide respondents. And major players including the BSA are purposefully vague regarding their practices, standards and results. Steve has represented over 60 businesses in responding to audit demands involving the BSA and other software vendors. he will offer strategies and tips for responding to vendor software audits. And he will provide a checklist of best-practices for software asset management.

Where Technology Meets Attorney Ethics
What are the potential ethics pitfalls when lawyers “ByoD,” using their own personal devices for work matters? or when attorneys use apps or the cloud? What are best practices for protecting client confidences when using new technologies? A noted privacy attorney and forensics expert provides insights on significant ethics/professional responsibility issues at the cutting edge of  technology.

Register Here

 

CREDITS
Minnesota CLE is applying to the
Minnesota State Board of CLE for
6.5 CLE credits, including 1.0 ethics
credit for the 3:30 p.m. session.
Attendees may claim a maximum of 6.5 credits for this seminar

ABA Cybersecurity Legal Task Force issues Report and Resolution 118

The Report and Resolution 118, adopted at the 2013 Annual Meeting in San Francisco, "condemns intrusions into computer systems and networks utilized by lawyers and law firms and urges federal, state, and other governmental bodies to examine and amend existing laws to fight such intrusions."

From the Introductory paragraph of the report:

This Report explains the American Bar Association’s (“ABA”) resolution regarding the growing problem of intrusions into the computer networks utilized by lawyers and law firms. It notes the alarming rise of attacks on these electronic networks and the recent rise of nation states as significant actors in hacking activities over the past decade. The Report also condemns these unauthorized, illegal intrusions and urges governmental bodies at all levels—federal, state, local, territorial, and tribal—to examine, and if necessary, amend or supplement existing laws to deter and punish these intrusions but only in a manner that respects and protects client confidentiality, the broader confidential lawyer-client relationship, and traditional state court regulation and oversight of lawyers and the legal profession. Further, the Report notes the different measures available to combat hacking, including diplomatic and law enforcement tools, legislation, and regulatory measures. This Report also underscores the importance of protecting confidential client information, the attorney-client privilege, and other core legal principles. Finally, the Report describes the ethical rules and professional obligations of lawyers and law firms implicated by information security breaches. This includes the lawyer’s obligation to take reasonable steps to prevent the unauthorized disclosure of or unauthorized access to confidential client information and, when necessary, inform clients of such breaches should they occur. Overall, the Resolution builds upon the several ABA Resolutions passed by the House of Delegates and Board of Governors relating to information security and client confidentiality. Moreover, it is the expectation of the Task Force that there will be additional resolutions on cyber dealing with the issues of privacy, legal and illegal intrusions, and government responsibilities. This resolution does not address U.S. government activities authorized by law in the national security realm.

E-discovery law symposium tomorrow at Wlm Mitchell College of Law

Attend “You Love it, You Hate it. Now You Have to Live With it: E-Discovery” and you’ll hear a variety of perspectives on what e-discovery requires in litigation and the latest nuances in the e-discovery world. Speakers and panelists include in-house and outside counsel, judges and technology experts. A few members of the Computer & Technology Law Section, such as Bridget A. Sullivan, Sean L. Harrington, John J. Carney, will be among the speakers.

“You Love it, You Hate it. Now You Have to Live With it: E-Discovery”
Friday, Oct. 4 | 9 am–4:30 pm
William Mitchell College of Law Auditorium

Attendees of the symposium will receive a complimentary copy of Volume 40, Issue 2 of the William Mitchell Law Review, which will include the articles written by the Minnesota E-Discovery Working Group, a grass-roots organization founded in 2011 with the goal of writing five separate papers that address various aspects of e-discovery best practices from a Minnesota perspective and that could be used as a resource by both judges and lawyers in Minnesota.

Registration is $130, with a reduced rate of $50 for judges and public service attorneys. Free for students. Be sure to complete the form as the contact information entered will be used to send you your copy of the law review.

Application will be made for 5.0 standard and 1.0 ethics CLE credits. Co-sponsored by: American Board of Trial Advocates (ABOTA), MSBA Civil Litigation and Computer/Technology sections,  Minnesota Defense Lawyers Association and Minnesota Judges Association (MJA).

Register for the conference