th annual technology law conference

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www.utcle.org 512.475.6700 34 TH ANNUAL TECHNOLOGY LAW CONFERENCE May 26–28, 2021 Live Webcast THE UNIVERSITY OF TEXAS Earn up to 12.25 Hours of Credit Including 2.50 Hours of Ethics (Hours Vary by State) MCLE Credit Approved in TX, CA, OK, and PA; NJ and NY Available Via Reciprocity TX Accounting CPE Available PREMIER SPONSORS Baker Botts L.L.P. Dell Technologies Fish & Richardson P.C. Vinson & Elkins LLP Wilson Sonsini Goodrich & Rosati, P.C. SPONSORS Haynes and Boone, LLP Kilpatrick Townsend & Stockton LLP Pillsbury Winthrop Shaw Pittman LLP Reed Smith LLP Shearman & Sterling LLP

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Page 1: TH ANNUAL TECHNOLOGY LAW CONFERENCE

www.utcle.org ■ 512.475.6700

34TH ANNUAL

TECHNOLOGY LAW CONFERENCE

May 26–28, 2021 Live Webcast

T H E U N I V E R S I T Y O F T E X A S

Earn up to 12.25 Hours of Credit

Including 2.50 Hours of Ethics (Hours Vary by State)

MCLE Credit Approved in TX, CA, OK, and PA; NJ and NY Available Via Reciprocity

TX Accounting CPE Available

PREMIER SPONSORSBaker Botts L.L.P.Dell Technologies

Fish & Richardson P.C.Vinson & Elkins LLP

Wilson Sonsini Goodrich & Rosati, P.C.

SPONSORSHaynes and Boone, LLP

Kilpatrick Townsend & Stockton LLPPillsbury Winthrop Shaw Pittman LLP Reed Smith LLP

Shearman & Sterling LLP

Page 2: TH ANNUAL TECHNOLOGY LAW CONFERENCE

WEDNESDAY AFTERNOON, MAY 26, 2021

Presiding Officer: Bart W. Huffman, Reed Smith LLP, Houston, TX

12:10 p.m. Welcoming Remarks

12:20 p.m. 1.00 hr

Advanced Data Licensing and Other Data-centric TransactionsAn overview of fundamental IP concepts as applied to data and practical pointers on drafting and negotiating agreements involving data assets.

Edward A. Cavazos, Pillsbury Winthrop Shaw Pittman LLP, Austin, TX

1:20 p.m. 10-Minute Break

1:30 p.m. .75 hr | .25 hr ethics

Employees, Trade Secrets, and AntitrustEmployee covenants not to compete, non-disclosure agreements, and no-poach agreements are at the intersection of trade secret and antitrust law. This presentation addresses the most recent developments on employee issues and competition as well as other trending issues in trade secret and antitrust law.

Danielle Joy "DJ" Healey, Fish & Richardson P.C., Houston, TX

2:15 p.m. 10-Minute Break

2:25 p.m. .50 hr

Section 230: Rorschach Test?Section 230 has been blamed as the law that gave rise to the ills of Big Tech, the root of anti-conservative bias, and the spread of rampant online misinformation. This presentation attempts to separate fact from fiction, and to look into the crystal ball to see what's next for the future of Section 230 and content-based liability in the U.S.

Michelle C. Lee, Pinterest, San Francisco, CA

2:55 p.m. 10-Minute Break

3:05 p.m. .75 hr | .25 hr ethics

Employment Issues Post-COVIDAn exploration of the post-COVID workplace, including legal issues surrounding the use of technology to scan and monitor employee symptoms, implement and enforce vaccine mandates, and expand remote and dispersed work arrangements.

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

3:50 p.m. 10-Minute Break

4:00 p.m. 1.00 hr | .50 hr ethics

Artificial Intelligence and Machine Learning: Legal and Ethical ConsiderationsHow can people help AI to avoid picking up bad habits or worse, perpetuating discrimination? AI and ML are transforming people’s daily lives, but at the same time raise legal and ethical concerns like bias and discrimination, fairness, IP ownership, and data rights and privacy. This panel discusses real-world examples of such concerns, the role AI and ML systems may play, and the associated legal implications.

Moderator:Hong Shi, Haynes and Boone, LLP, Austin, TX

Panelists:Adam Berry, Fourth, Austin, TXMaria De Arteaga Gonzalez, The University of Texas

at Austin, McCombs School of Business, Austin, TX

5:00 p.m. Adjourn

THURSDAY AFTERNOON

Presiding Officer: Courtney S. York, Akin Gump Strauss Hauer & Feld LLP, Dallas, TX

12:05 p.m. 1.00 hr | .25 hr ethics

Compliance and Cooperation for Open Source in BusinessThis presentation covers recent developments in litigation relating to open source licensing and business, new licensing trends such as source available and ethical licensing, and the state of the art in compliance best practices. It focuses on what practicing attorneys should know about the risks and rewards of using open source software, as well as contributing or releasing open-source software written by private companies.

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

1:05 p.m. 10-Minute Break

1:15 p.m. .75 hr | .25 hr ethics

Mergers and Acquisitions of Private Companies: Recent Developments in Deal Terms and Case LawDiscussion of key issues in private company mergers and acquisitions, including best practices in due diligence, use of representation and warranty insurance, and recent case law developments. The discussion includes the perspectives of internal counsel and outside M&A counsel.

Moderator:J. Robert Suffoletta, Wilson Sonsini Goodrich &

Rosati, P.C., West Lake Hills, TX

Panelists:Tracy Feanny, NI, Austin, TXCori Ulrich, RealPage, Inc., Dallas, TX

2:00 p.m. 10-Minute Break

34TH ANNUAL

TECHNOLOGY LAW CONFERENCEMay 26–28, 2021 ■ Live Webcast

Earn up to 12.25 Hours of Credit Including 2.50 Hours of Ethics (Hours Vary by State)

MCLE Credit Approved in TX, CA, OK, and PA; NJ and NY Available Via Reciprocity

TX Accounting CPE Available

Times listed are in Central Time

phone 512.475.6700 ■ www.utcle.org/conferences/PC21/signup ■ fax 512.475.6876

This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 12.25 hours, of which 2.50 credit hours will apply to legal ethics/professional responsibility credit. The University of Texas School of Law is a State Bar of California approved MCLE provider (#1944), and an Oklahoma Bar Association MCLE presumptively-approved provider (#169).

MCLE

Page 3: TH ANNUAL TECHNOLOGY LAW CONFERENCE

2:10 p.m. 1.00 hr

Mergers and Acquisitions of Private Companies: Post-Acquisition IntegrationDiscussion from internal and outside counsel on the importance of M&A integration, including process, best practices, and the role counsel plays in identifying issues.

Moderator:Bart W. Huffman, Reed Smith LLP, Houston, TX

Panelists:Erin R. Boase, Aviat Networks, Austin, TXKim Erlanson, Dell Technologies, Round Rock, TX

3:10 p.m. 10-Minute Break

3:20 p.m. .50 hr

The Supreme Court’s Decision in Google v. OracleIt was billed the "copyright case of the century." Now that the Supreme Court has weighed in, what is next? How broad—or narrow—is this ruling, and what does it mean for software? And what does the court's discussion of fair use mean for copyrighted works outside of software? This presentation deconstructs the Supreme Court's opinion to identify exactly what the Supreme Court said—and where the next battle lines are likely to be drawn.

Van Lindberg, Taylor English Duma LLP, San Antonio, TX

3:50 p.m. 10-Minute Break

4:00 p.m. 1.00 hr | .25 hr ethics

Advanced Contract Formation for Digital Technology, Property Transfers, and DataLearn how to navigate “clickwrap” agreements, the linked terms, and other digital transactions, while on the journey to contract formation. Plus, Is your technical competence sufficient? And how do you deal with vendors who won’t employ counsel?

Harold Federow, Port of Seattle, Seattle, WAMichael Standard, GSK, Warren, NJ

5:00 p.m. Adjourn

FRIDAY MORNING, MAY 28, 2021

Presiding Officer: Steve Borgman, Kilpatrick Townsend & Stockton LLP, Houston, TX

9:00 a.m. 1.00 hr | .25 hr ethics

Living it Up in Privacy Law California: Hot Topics in CCPA and CPRACalifornia continues to lead the way in passing comprehensive data privacy legislation at the state level. The recently passed CPRA is no exception. This panel covers the recent developments in enforcement actions under the CCPA, preparing for compliance with the CPRA, and a reminder of other existing California privacy laws, such as Shine the Light and the California Online Privacy Protection Act.

Moderator:Devika Kornbacher, Vinson & Elkins LLP, Houston, TX

Panelists:Thomas Cioce, National Football League,

New York, NYDavid Manek, Ankura Consulting Group, Chicago, IL

10:00 a.m. 10-Minute Break

10:10 a.m. 1.00 hr | .25 hr ethics

Freedom of Motion? Global Developments in International Data TransferJust when you think you’ve got things straight for protecting personal data that must cross borders in business, the regulators, legislators, and courts change up the rules. This panel discusses what steps companies can take to assess and simplify their international data transfers in this evolving global landscape, as well as give some more detailed insights into such developments as the July 2020 Schrems II (III) decision, new draft EU Model Clauses, Brexit implications, the ASEAN voluntary Model Clauses, Japan’s APPI amendments and more.

Moderator:Lisa E. Zolidis, NI, Austin, TX

Panelists:Nicholas Accomando, GSK, Raleigh, NCAndreas Splittgerber, Reed Smith, Munich, Germany

11:10 a.m. 10-Minute Break

11:20 a.m. .50 hr

New Administration Changes Impacting TechnologyNew leadership in Washington, in the White House’s Office of Science and Technology Policy, the Federal Communications Commission, the Federal Trade Commission, the Federal Aviation Administration, as well as the Commerce, Treasury, and State Departments, is expected to impact regulation and oversight of technologies every company uses, and the technology sector, in a number of ways. In this presentation, learn more about the issues that are top of mind in Washington and how you can prepare for them.

Shiva Aminian, Akin Gump Strauss Hauer & Feld LLP, Los Angeles, CA

Jennifer L. Richter, Akin Gump Strauss Hauer & Feld LLP, Washington, DC

11:50 a.m. 10-Minute Break

12:00 p.m. .75 hr

Goodbye Third-Party Cookies: Why They’re Going Away, and What’s the Impact to Adtech for our Companies?The passage of the GDPR and the CCPA forced businesses to make operational and structural changes on their websites that accomplished the lawmakers’ desired effect of granting consumers greater choice over the data that is collected during a website visit. Industry and legal experts discuss what’s next now that the Cookies are crumbling. Will concepts like a universal personal ID satisfy the rigid consent requirements of the GDPR and other privacy laws that regulate tracking technologies? Tune in to the conversation and the solutions they are implementing to help the adtech industry survive.

Moderator:Elizabeth Rogers, Michael Best & Friedrich LLP,

Austin, TX

Panelists:Cynthia Cole, Baker Botts, Palo Alto, CARebecca L. Gerard, Walgreens Co., Deerfield, IL

12:45 p.m. 10-Minute Break

12:55 p.m. .75 hr | .25 hr ethics

Emerging Trends in Incident Response: Active Defense, Ransomware Mitigation, and Security in a Remote-Work WorldThis discussion addresses emerging issues in incident response including: What constitutes active defense? What are the legal and practical limitations on active defense? What are some examples of active defense in the real world? How is ransomware changing the cybersecurity landscape? What issues should organizations consider when deciding whether and how to pay ransoms? How has the threat profile changed as a result of increased remote work over the last year?

Anthony D. Glosson, Kilpatrick Townsend & Stockton LLP, Atlanta, GA

Allyn Lynd, Critical Start, Plano, TX

1:40 p.m. Adjourn

phone 512.475.6700 ■ www.utcle.org/conferences/PC21/signup ■ fax 512.475.6876

Are you a 1st or 2nd year attorney? Attend most UT Law CLE conferences for just $150!

Call 512.475.6700 to register.

Page 4: TH ANNUAL TECHNOLOGY LAW CONFERENCE

CONFERENCE FACULTY

NICHOLAS ACCOMANDO GSK Raleigh, NC

SHIVA AMINIAN Akin Gump Strauss Hauer & Feld LLP Los Angeles, CA

ADAM BERRY Fourth Austin, TX

ERIN R. BOASE Aviat Networks Austin, TX

JASON BOULETTE Boulette Golden & Marin L.L.P. Austin, TX

EDWARD A. CAVAZOS Pillsbury Winthrop Shaw Pittman LLP Austin, TX

THOMAS CIOCE National Football League New York, NY

CYNTHIA COLE Baker Botts Palo Alto, CA

MARIA DE ARTEAGA GONZALEZ The University of Texas at Austin, McCombs School of Business Austin, TX

KIM ERLANSON Dell Technologies Round Rock, TX

TRACY FEANNY NI Austin, TX

HAROLD FEDEROW Port of Seattle Seattle, WA

REBECCA L. GERARD Walgreens Co. Deerfield, IL

ANTHONY D. GLOSSON Kilpatrick Townsend & Stockton LLP Atlanta, GA

DANIELLE JOY "DJ" HEALEY Fish & Richardson P.C. Houston, TX

BART W. HUFFMAN Reed Smith LLP Houston, TX

DEVIKA KORNBACHER Vinson & Elkins LLP Houston, TX

MICHELLE C. LEE Pinterest San Francisco, CA

VAN LINDBERG Taylor English Duma LLP San Antonio, TX

ALLYN LYND Critical Start Plano, TX

DAVID MANEK Ankura Consulting Group Chicago, IL

HEATHER J. MEEKER O'Melveny & Myers LLP Menlo Park, CA

JENNIFER L. RICHTER Akin Gump Strauss Hauer & Feld LLP Washington, DC

ELIZABETH ROGERS Michael Best & Friedrich LLP Austin, TX

HONG SHI Haynes and Boone, LLP Austin, TX

ANDREAS SPLITTGERBER Reed Smith Munich, Germany

MICHAEL STANDARD GSK Warren, NJ

J. ROBERT SUFFOLETTA Wilson Sonsini Goodrich & Rosati, P.C. West Lake Hills, TX

CORI ULRICH RealPage, Inc. Dallas, TX

LISA E. ZOLIDIS NI Austin, TX

PLANNING COMMITTEE

BART W. HUFFMAN—CO-CHAIR Reed Smith LLP Houston, TX

LISA E. ZOLIDIS—CO-CHAIR NI Austin, TX

STEVE BORGMAN Kilpatrick Townsend & Stockton LLP Houston, TX

JASON BOULETTE Boulette Golden & Marin L.L.P. Austin, TX

CHRISTOPHER T. BROWN Attorney at Law, PLLC Austin, TX

EDWARD A. CAVAZOS Pillsbury Winthrop Shaw Pittman LLP Austin, TX

TRACY FEANNY NI Austin, TX

DANIELLE JOY "DJ" HEALEY Fish & Richardson P.C. Houston, TX

PAUL A. HUGGINS Huggins Reddien LLP Austin, TX

JOHN KAERCHER Baker Botts Austin, TX

JESSICA CASSIDY KATZ Whole Foods Market Austin, TX

JUSTIN KOPLOW AT&T Dallas, TX

WILLIAM L. LAFUZE McKool Smith Houston, TX

JONATHAN LASS Jackson Walker LLP Austin, TX

J. MATTHEW LYONS Wilson Sonsini Goodrich & Rosati, P.C. West Lake Hills, TX

KARON MACDANIEL Advanced Micro Devices, Inc. Austin, TX

HEATHER J. MEEKER O'Melveny & Myers LLP Menlo Park, CA

ERIC L. NATINSKY Quick Technologies Inc. Austin, TX

DAVID W. O'BRIEN Haynes and Boone, LLP Austin, TX

BRIAN PETERMAN Silicon Labs Austin, TX

ELIZABETH ROGERS Michael Best & Friedrich LLP Austin, TX

MARK E. SCOTT Dickinson Wright PLLC Austin, TX

J. ROBERT SUFFOLETTA Wilson Sonsini Goodrich & Rosati, P.C. West Lake Hills, TX

MICHELE B. THOMPSON Law Office of Michele B. Thompson Austin, TX

KEITH E. WITEK Google, Inc. Mountain View, CA

W. REID WITTLIFF Wittliff | Cutter, PLLC Austin, TX

COURTNEY S. YORK Akin Gump Strauss Hauer & Feld LLP Dallas, TX

phone 512.475.6700 ■ www.utcle.org/conferences/PC21/signup ■ fax 512.475.6876

Page 5: TH ANNUAL TECHNOLOGY LAW CONFERENCE

PLEASE PRINT CLEARLY PC21

Bar Card # ❑ TX ❑ Other State: ❑ N/A

Name [ Mr. / Ms. ]

Firm

Address

City State Zip

Telephone Fax

Registrant’s Email (required)

Assistant’s Email (optional) Invoices, confirmations, and receipts are emailed to these addresses.

LIVE WEBCAST REGISTRATIONIncludes Electronic Course Binder Download (PDF) in "Your Briefcase." Special group registration rates available. Call 512.475.6700.

❑ Individual Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $545 | $595 After April 30

Printed and Shipped Course Binder – Available for order through Friday, May 28, 2021Please note that the printed binder will arrive 2–3 weeks after the scheduled webcast. Delivery to P.O. boxes is not permitted.

❑ Printed and Shipped Course Binder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $59.54 ($55*)

TOTAL EVENT REGISTRATION $

FIRST AND SECOND YEAR ATTORNEYS MAY ATTEND FOR JUST $150! CALL 512.475.6700 TO REGISTER.

POST-CONFERENCE PRODUCTS

eConference – For Texas and California MCLE CreditIncludes Electronic Course Binder Download (PDF) and program video/audio. Available 4-6 weeks after live event. Hours may vary depending on actual event runtime.

❑ Individual eConference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $595

Post-Course Binder – For Research and Self-Study Comprehensive binder with papers and slides, available for delivery 4–6 weeks after live event.

❑ Electronic Post-Course Download (PDF) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $265.21 ($245*)

❑ Printed Post-Course Binder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $319.34 ($295*)

Annual eLibrary Subscription – For Research and Self-Study Extensive resources including audio, video, papers, and slides from UT Law CLE programs.

❑ eLibrary 12-Month Subscription . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $319.34 ($295*)

TOTAL POST-CONFERENCE PRODUCTS $

METHOD OF PAYMENT

❑ Check (make check payable to The University of Texas at Austin)

❑ VISA ❑ MasterCard ❑ American Express ❑ P.O. (include a copy of the purchase order upon submission)

Card / P.O. # CVV # Exp. Date /

(mm/yy)

Authorized Signature

* Tax-exempt rate for, e.g., government employees and nonprofits. Include a Texas Sales and Use Tax Exemption Certificate with order.

REGISTRATION FORM

phone 512.475.6700 ■ www.utcle.org/conferences/PC21/signup ■ fax 512.475.6876

REGISTRATION BENEFITS

Comprehensive Course Materials: Access

course materials in "Your Briefcase"

approximately 48 hours before the live

webcast, and enjoy unlimited access to the

final, complete course materials –

downloadable PDFs of papers and slides.

Accredited eConference: Complimentary

access to the eConference – with papers,

slides, and video – accredited for one year in

both TX and CA are available in "Your

Briefcase" 4–6 weeks after the live webcast.

TX MCLE Credit Reporting: UT Law CLE can

report credit on your behalf directly to the State

Bar of Texas. Track the Texas MCLE credit

reported on your behalf at "Your Account"

after you’ve logged in at www.utcle.org.

TROUBLE LOGGING IN?

A UT Law CLE account is created for

conference attendees and product customers

with information provided on the order form.

An email address will serve as the User Name.

Forget Your Password or Need it Reset?

Just select “Forgot Password” under “Sign In

or Join” at www.utcle.org.

Still Need Assistance? Contact customer

service at 512.475.6700 or [email protected]

during business hours.

HOW TO REGISTER

Online:

www.utcle.org/conferences/PC21/signup

Mail:

The University of Texas

School of Law

ATTN: CLE

PO Box 7759

Austin, TX 78713-7759

Fax:

512.475.6876

Questions? 512.475.6700

Page 6: TH ANNUAL TECHNOLOGY LAW CONFERENCE

The University of Texas at AustinTHE UNIVERSITY OF TEXAS SCHOOL OF LAWPO Box 7759 • Austin, TX 78713-7759

This program is not printed or mailed at state expense.

NON-PROFIT-ORGU.S. Postage

PAIDU T School of Law

Visitwww.utcle.org

[email protected]

Call512.475.6700

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34TH ANNUAL

TECHNOLOGY LAW CONFERENCEMay 26–28, 2021 ■ Live Webcast

PC21

UT Law CLE is committed to Practice Excellence.We are here to support our community while we navigate the coronavirus pandemic together. Information and updates regarding our in-person conferences and live webcasts will be posted at www.utcle.org.

In addition, we continue to offer multiple educational opportunities online—both live and on-demand—by bringing practitioners together virtually. We are fortunate to serve so many of you who strive for excellence in the practice of law.

LIVE WEBCASTMay 26–28, 2021

KEY DATES

May 21, 2021 Last day for full refund cancellation

May 24, 2021 Last day for partial refund cancellation

$50 processing fee applied

May 26, 2021, 12:10 p.m., CT Webcast begins

May 28, 2021 Last day to order printed and shipped binder

at conference pricing

UT Law CLE is committed to helping attorneys

meet their annual Texas MCLE requirements.

Following the event, live webcast customers

will receive a free, on-demand eSupplement

that will bring their total available hours to

15.00, including 3.00 hours of ethics.

Our efforts for real change against racism.

Learn how we as lawyers can join the fight against racial injustice.

Visit www.utcle.org for more.

ACTION THROUGH EDUCATION

PREMIER SPONSORS

SPONSORS

Haynes and Boone, LLP

Kilpatrick Townsend & Stockton LLP

Pillsbury Winthrop Shaw Pittman LLP

Reed Smith LLP

Shearman & Sterling LLP

THANK YOU TO OUR SPONSORS