Seminar  Program

Communications Law in the Digital Age 2018


Select a Location:

Why You Should Attend

Media and communications law must respond to new challenges, including those arising from digital and social media. The areas of First Amendment, defamation, privacy, intellectual property, newsgathering, right of publicity, and reporter’s privilege law are rapidly changing. The expert faculty of law firm practitioners, in-house counsel, government officials, and academics will address these issues. Unlike any other program, Communications Law in the Digital Age 2018 is a comprehensive, “one-stop shop,” providing the legal, strategic, and practical knowledge needed to keep apace with these areas of law.

Topics Include

  • The FCC’s approach to deregulation of the communications sector
  • New First Amendment developments
  • Domestic legislative, judicial, and regulatory developments on data protection and privacy
  • Updates on reporter’s privilege and newsgathering liability
  • Important recent intellectual property decisions affecting the media
  • Current issues in right of publicity law
  • Recent developments in Section 230, commercial speech, and anti-SLAPP law
  • International media law updates
  • Earn one hour of Ethics credit

Who Should Attend

This program is designed for firm attorneys, in-house counsel, and other professionals who practice in the fields of media and telecommunications, corporate compliance, privacy, and First Amendment law.


PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Day One: 8:45 a.m. - 5:15 p.m.

8:45 Opening Remarks

Jeffrey P. Cunard, Jeremy Feigelson, Lee Levine



9:00 Electronic Media Regulation
  • Politics: What has been the Trump administration’s influence on media regulation and do the midterm elections change anything?
  • Mergers and media ownership: In the wake of AT&T-Time Warner and other mega-deals, what is the FCC’s role?
  • Has the FCC’s media modernization initiative done anything to make traditional media companies more competitive?
  • Might net neutrality rules ever be revived?
  • The repack and a next generation transmission standard: What’s next for broadcast television?
  • How will the FCC’s ongoing efforts to identify and open up spectrum for new technologies impact the media landscape?

Speaker: Kathleen A. Kirby 

Moderator: Jeffrey P. Cunard

Panel: Rick Chessen, Rick Kaplan, Sherrese M. Smith, Gigi B. Sohn



10:15 Networking Break

10:30 First Amendment Jurisprudence
  • How did the First Amendment fare in Masterpiece Cakeshop?
  • What do we know about “what not to wear” at polling places?
  • Does the First Amendment right not to be blocked on Twitter extend beyond @realDonaldTrump?
  • Assessing Justice Kennedy’s legacy: What will his departure mean for the First Amendment?
  • Did Janus “weaponize” the First Amendment in the cause of economic deregulation?  
  • What can the government require health care providers to tell their patients?

Speaker: Paul M. Smith 

Moderator:  Lee Levine

Panel: Floyd Abrams, RonNell Andersen Jones, Adam Liptak, Kathleen M. Sullivan



11:45 Lunch

1:45 Intellectual Property Law Updates for Media Lawyers
  • Embedding links:  Did Goldman v. Breitbart err in rejecting the Ninth Circuit’s server test?
  • Revisiting transformation:  Can Google Books and TVEyes be reconciled?
  • Is the Federal Circuit’s fair use decision in Oracle v. Google a blow to innovation?
  • Thirteen strikes and you’re out:  Is the DMCA safe harbor working?
  • Did Disney misuse Redbox?
  • Digital first sale, again:  Will ReDigi go to the Supreme Court?

Speaker: Bruce P. Keller­

Moderator: Jeffrey P. Cunard

Panel: Devereux Chatillon, Joseph C. Gratz, Jennifer L. Pariser, Eva E. Subotnik



3:00 Networking Break

3:15 Access
  • Who's that juror—Is juror anonymity the new normal in high-profile cases?
  • The Glomar doctrine is spreading, will it become a cancer on FOIA?
  • Jurisdiction, standing, and ripeness: Are courts creating new roadblocks for public access to government information?
  • From Scott Pruitt's calendar to White House visitor logs: How are FOIA requests faring under the Trump Administration?
  • What are the latest efforts to increase public access to secret court dockets in government surveillance matters?
  • What information is the public entitled to know about cops and how do they get it?

Speaker: Katie Townsend

Moderator: Lee Levine

Panel: David E. McCraw, James A. McLaughlin, David A. Schulz



4:15 Right of Publicity and Related Claims
  • Will the First Amendment protect docudramas after de Havilland v. FX Networks?
  • Digital replicas, postmortem rights and more: Are the state legislatures turning a privacy right into a property right?
  • Victory for video games in Lohan/Gravano: What next for the medium under right of publicity laws?
  • How vulnerable are social media sites to the new wave of right of publicity class actions?

Speaker: Jennifer Rothman 

Moderator: Jeremy Feigelson

Panel: Stephanie S. Abrutyn, Kelli L. Sager, Ari J. Scharg



5:15 Adjourn

Day Two: 8:45 a.m. - 5:15 p.m.

8:45 Defamation and Related Claims 
  • How will Judge Rakoff’s evidentiary hearing fare on appeal in Palin?
  • What do the “Dossier” cases tell us about the scope of the fair report privilege?
  • Has the Texas Supreme Court recalibrated “libel by implication” in Tatum?
  • Has the First Circuit sounded the death knell for injunctions in defamation cases?
  • What is the legal significance of hyperlinking for republication, the fair report privilege, and other context-driven doctrines?
  • How have the Rolling Stone cases affected reporting on the #MeToo movement?  And what is the likely impact of public denial lawsuits by those painted as “liars” when their accusations are denied?

Speaker: Jonathan R. Donnellan

Moderator: Lee Levine

Panel: Kevin T. Baine, Tom Clare, Barbara W. Wall, Susan Weiner



10:00 Networking Break

10:15 Reporter’s Privilege and Anonymous Speech
  • What does the First Amendment have to say about border searches of journalists?
  • Did the DOJ phone records subpoenas violate the guidelines?
  • What threats do ongoing leak investigations pose for reporters?
  • Does the Supreme Court’s decision in Carpenter have ramifications for source protection?
  • What do the Glassdoor decisions mean for the rights of anonymous speakers?
  • Where will the states go in applying the privilege after Kalven and Robles

Speaker: Karen Kaiser 

Moderator: Lee Levine

Panel: Jason P. Conti, George Freeman, Mary-Rose Papandrea



11:15 Hot Topics in Communications Law: Section 230, Commercial Speech, and Anti-SLAPP Law
  • Are reviews now safely protected after Yelp?
  • Is it full speed ahead for tort plaintiffs after Snapchat?
  • Are the terrorism cases in the rearview after Fields v. Twitter?
  • After losses in NIFLA v. Becerra and CTIAv. Berkeley, will the Ninth Circuit rein in its expansive application of Zauderer?
  • Does Google have a First Amendment right to refuse ads that promise a “divine cure for cancer”?
  • Are the days of applying anti-SLAPP statues in federal court numbered?  

Moderator: Jeremy Feigelson

Speakers: Patrick J. Carome, Bruce E.H. Johnson, Jack M. Weiss



12:15 Lunch (Please note that lunch will be provided)

12:45 Legal Ethics for Media Lawyers: Current Issues
  • Are there any ethical constraints (left) on trying a case in the media?
  • When can a lawyer disclose confidential information that has become "generally known”?
  • What are the ethical responsibilities of lawyers who travel internationally and whose electronic devices may be subject to search at borders?
  • What are the confidentiality obligations of lawyers who blog and tweet?  
  • When does the lawyer have a duty to inform a client--or a former client--of a mistake in the representation?  

Moderator: Leonard Niehoff 

Panel: Lucy Dalglish, Sue Friedberg, Jeffrey Glasser



1:45 Newsgathering and Privacy Liability
  • Does DNC v. Wikileaks foreshadow the end of Bartnicki?
  • Has the 9th Circuit ended the debate over AgGag?
  • What’s the significance of Chelsea Manning’s failed First Amendment defense on appeal?
  • How are the courts looking at surreptitious surveillance?
  • What, if anything, does Carpenter mean for the intrusion tort and newsgathering liability?
  • Can an Espionage Act case against Julian Assange be squared with the First Amendment?

(IAPP Privacy credit for Privacy Professionals)

Speaker: Thomas S. Leatherbury

Moderator: Lee Levine

Panel: Dale M. Cohen, Rachel E. Fugate, Lynn B. Oberlander



2:45 Privacy and Data Protection
  • The big new California privacy law: Will an opt-out right now become the national standard?
  • GDPR, six months in and counting:  What is the impact on US companies, free speech, and the media?
  • Does the LabMD decision herald a new era of less aggressive data security enforcement by the FTC?
  • CLOUD-y with a chance of warrants: What does the new U.S. CLOUD Act mean for protecting customer data stored overseas?
  • After Carpenter v. US, does cellphone data finally enjoy clear privacy protection?
  • TCPA and robocalls -- Is the law definitively narrowing in defendants’ favor, and two years after Spokeo, who has standing to sue?

(IAPP Privacy credit for Privacy Professionals)

Speaker: Jane E. Kirtley      

Moderator: Jeremy Feigelson

Panel: Justin Brookman, Jacqueline Connor, Alfredo Della Monica, Pauline Wen



4:00 Networking Break

4:15 Hot Topics in International Media Law
  • Privacy and regulation in a post-GDPR world:  What are the real-world differences between the U.S. and European approaches to data privacy?
  • How is reporting affected by the right to be forgotten?
  • Royal weddings and more:  Has anything really changed in the UK – and elsewhere – on defamation?
  • To what extent will U.S. companies be subject to the jurisdiction of European data protection authorities?
  • Is data localization a meaningful impediment to global business?  
  • Internet and the resurgence of populism and totalitarianism:  How successful are governmental efforts at blocking access to “offending” websites?

(IAPP Privacy credit for Privacy Professionals)

Speaker: Mark Stephens 

Panel: Peter C. Canfield, Anya Proops QC, Hugh Tomlinson

Moderator: Jeffrey P. Cunard



5:15 Adjourn

Co-Chair(s)
Jeffrey P. Cunard ~ Debevoise & Plimpton LLP
Jeremy Feigelson ~ Debevoise & Plimpton LLP
Lee Levine ~ Ballard Spahr LLP
Speaker(s)
Floyd Abrams ~ Cahill Gordon & Reindel LLP
Stephanie S. Abrutyn ~ Senior Vice President & Chief Counsel, Litigation, Home Box Office, Inc.
Kevin T. Baine ~ Williams & Connolly LLP
Justin Brookman ~ Director, Consumer Privacy and Technology Policy, Consumers Union
Peter C. Canfield ~ Partner, Jones Day
Patrick J. Carome ~ WilmerHale
Devereux Chatillon ~ Chatillon Weiss LLP
Rick Chessen ~ Senior Vice President, Law & Regulatory Policy, National Cable & Telecommunications Association
Tom Clare ~ Clare Locke LLP
Dale M. Cohen ~ Director, Documentary FIlm Legal Clinic, UCLA School of Law; Senior Counsel for Frontline, WGBH
Jacqueline Connor ~ Bureau of Consumer Protection, Federal Trade Commission
Jason P. Conti ~ General Counsel and Chief Compliance Officer , Dow Jones & Company, Inc
Lucy A. Dalglish ~ Dean, Philip Merrill College of Journalism, University of Maryland
Alfredo Della Monica ~ Vice President & Senior Counsel - U.S. Privacy, General Counsel Organization, American Express
Jonathan R. Donnellan ~ Vice President and Co-General Counsel, Hearst Corporation
George Freeman ~ Executive Director, Media Law Resource Center
Sue Friedberg ~ Buchanan Ingersoll & Rooney PC
Rachel E. Fugate ~ Shullman Fugate PLLC
Jeffrey Glasser ~ Vice President, Legal, Los Angeles Times
Joseph C. Gratz ~ Durie Tangri LLP
Bruce E. H. Johnson ~ Davis Wright Tremaine LLP
RonNell Andersen Jones ~ Lee E. Teitelbaum Endowed Chair and Professor of Law, S.J. Quinney College of Law, University of Utah
Karen Kaiser ~ Senior Vice President, General Counsel, and Corporate Secretary, The Associated Press
Rick Kaplan ~ General Counsel and Executive Vice President, Legal and Regulatory Affairs, National Association of Broadcasters
Bruce P. Keller ~ Assistant U.S. Attorney, Special Counsel to the U.S. Attorney, District of New Jersey, United States Attorney's Office
Kathleen A. Kirby ~ Wiley Rein LLP
Jane E. Kirtley ~ Silha Professor of Media Ethics and Law, University of Minnesota
Thomas S. Leatherbury ~ Vinson & Elkins LLP
Adam Liptak ~ Supreme Court Correspondent, The New York Times
David E. McCraw ~ Vice President and Deputy General Counsel, The New York Times Company
James A. McLaughlin ~ Deputy General Counsel, Director of Government Affairs, The Washington Post
Leonard Niehoff ~ Honigman Miller Schwartz & Cohn, Professor, The University of Michigan Law School
Lynn B. Oberlander ~ Executive Vice President and General Counsel, Gizmodo Media Group, LLC
Mary-Rose Papandrea ~ Associate Dean for Academic Affairs and Professor of Law, University of North Carolina School of Law
Jennifer L. Pariser ~ Vice President, Copyright & Legal Affairs, Motion Picture Association of America
Jennifer E. Rothman ~ Professor of Law, Joseph Scott Fellow, Loyola Law School, Loyola Marymount University
Kelli L. Sager ~ Davis Wright Tremaine LLP
Ari J. Scharg ~ Edelson
David A. Schulz ~ Ballard Spahr LLP
Paul M. Smith ~ Vice President, Litigation and Strategy, Campaign Legal Center; Visiting Professor , Georgetown University Law School
Sherrese M. Smith ~ Paul Hastings LLP
Gigi B. Sohn ~ Distinguished Fellow, Georgetown Law Institute for Technology Law and Policy, Open Society Foundations
Mark Stephens, CBE ~ Howard Kennedy LLP
Eva E. Subotnik ~ Associate Professor of Law, Co-Director, Intellectual Property Law Center, St. John's University School of Law
Kathleen M. Sullivan ~ Quinn Emanuel Urquhart & Sullivan, LLP
Hugh Tomlinson ~ Matrix Chambers
Katie Townsend ~ Legal Director, Reporters Committee for Freedom of the Press
Barbara W. Wall ~ Senior Vice President and Chief Legal Officer, Gannett Co., Inc.
Susan Weiner ~ General Counsel, NBCUniversal News Group, Executive Vice President, NBCUniversal
Jack M. Weiss ~ Liskow & Lewis
Pauline Wen ~ Senior Vice President and Chief Privacy Counsel, 21st Century Fox, Inc.
Program Attorney(s)
Seema Lal Meehan ~ Director, Special Projects and Senior Program Attorney , Practising Law Institute

New York City Seminar Location

PLI New York Center
, 1177 Avenue of the Americas, (2nd floor), entrance on 45th Street, New York, New York 10036. (800) 260-4754.

New York City Hotel Accommodations

Crowne Plaza Times Square Manhattan, 1605 Broadway (48th Street), New York, NY 10019 (212) 977-4000. When calling, mention Practising Law Institute. You can also make reservations online to access PLI's rates.

The Muse, 130 West 46th Street, New York, NY 10036. Please call reservations at 1-800-546-7866. When calling, please mention Practising Law Institute and Corporate Rate ID 786839408. In addition, you can book online at PLI Muse Hotel

Millennium Broadway Hotel, 145 West 44th Street, New York, NY 10036. Please call reservations at 1-800-622-5569. When calling, please mention Practising Law Institute. In addition, you can book online at PLI Millennium Hotel .

 Hyatt Times Square, 135 W. 45th Street, New York, NY 10036. For reservations, please call (646) 364-1234. When calling mention rate code CR56218 or Practising Law Institute.

Why You Should Attend

Media and communications law must respond to new challenges, including those arising from digital and social media. The areas of First Amendment, defamation, privacy, intellectual property, newsgathering, right of publicity, and reporter’s privilege law are rapidly changing. The expert faculty of law firm practitioners, in-house counsel, government officials, and academics will address these issues. Unlike any other program, Communications Law in the Digital Age 2018 is a comprehensive, “one-stop shop,” providing the legal, strategic, and practical knowledge needed to keep apace with these areas of law.

Topics Include

  • The FCC’s approach to deregulation of the communications sector
  • New First Amendment developments
  • Domestic legislative, judicial, and regulatory developments on data protection and privacy
  • Updates on reporter’s privilege and newsgathering liability
  • Important recent intellectual property decisions affecting the media
  • Current issues in right of publicity law
  • Recent developments in Section 230, commercial speech, and anti-SLAPP law
  • International media law updates
  • Earn one hour of Ethics credit

Who Should Attend

This program is designed for firm attorneys, in-house counsel, and other professionals who practice in the fields of media and telecommunications, corporate compliance, privacy, and First Amendment law.


PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Day One: 8:45 a.m. - 5:15 p.m.

8:45 Opening Remarks

Jeffrey P. Cunard, Jeremy Feigelson, Lee Levine



9:00 Electronic Media Regulation
  • Politics: What has been the Trump administration’s influence on media regulation and do the midterm elections change anything?
  • Mergers and media ownership: In the wake of AT&T-Time Warner and other mega-deals, what is the FCC’s role?
  • Has the FCC’s media modernization initiative done anything to make traditional media companies more competitive?
  • Might net neutrality rules ever be revived?
  • The repack and a next generation transmission standard: What’s next for broadcast television?
  • How will the FCC’s ongoing efforts to identify and open up spectrum for new technologies impact the media landscape?

Speaker: Kathleen A. Kirby 

Moderator: Jeffrey P. Cunard

Panel: Rick Chessen, Rick Kaplan, Sherrese M. Smith, Gigi B. Sohn



10:15 Networking Break

10:30 First Amendment Jurisprudence
  • How did the First Amendment fare in Masterpiece Cakeshop?
  • What do we know about “what not to wear” at polling places?
  • Does the First Amendment right not to be blocked on Twitter extend beyond @realDonaldTrump?
  • Assessing Justice Kennedy’s legacy: What will his departure mean for the First Amendment?
  • Did Janus “weaponize” the First Amendment in the cause of economic deregulation?  
  • What can the government require health care providers to tell their patients?

Speaker: Paul M. Smith 

Moderator:  Lee Levine

Panel: Floyd Abrams, RonNell Andersen Jones, Adam Liptak, Kathleen M. Sullivan



11:45 Lunch

1:45 Intellectual Property Law Updates for Media Lawyers
  • Embedding links:  Did Goldman v. Breitbart err in rejecting the Ninth Circuit’s server test?
  • Revisiting transformation:  Can Google Books and TVEyes be reconciled?
  • Is the Federal Circuit’s fair use decision in Oracle v. Google a blow to innovation?
  • Thirteen strikes and you’re out:  Is the DMCA safe harbor working?
  • Did Disney misuse Redbox?
  • Digital first sale, again:  Will ReDigi go to the Supreme Court?

Speaker: Bruce P. Keller­

Moderator: Jeffrey P. Cunard

Panel: Devereux Chatillon, Joseph C. Gratz, Jennifer L. Pariser, Eva E. Subotnik



3:00 Networking Break

3:15 Access
  • Who's that juror—Is juror anonymity the new normal in high-profile cases?
  • The Glomar doctrine is spreading, will it become a cancer on FOIA?
  • Jurisdiction, standing, and ripeness: Are courts creating new roadblocks for public access to government information?
  • From Scott Pruitt's calendar to White House visitor logs: How are FOIA requests faring under the Trump Administration?
  • What are the latest efforts to increase public access to secret court dockets in government surveillance matters?
  • What information is the public entitled to know about cops and how do they get it?

Speaker: Katie Townsend

Moderator: Lee Levine

Panel: David E. McCraw, James A. McLaughlin, David A. Schulz



4:15 Right of Publicity and Related Claims
  • Will the First Amendment protect docudramas after de Havilland v. FX Networks?
  • Digital replicas, postmortem rights and more: Are the state legislatures turning a privacy right into a property right?
  • Victory for video games in Lohan/Gravano: What next for the medium under right of publicity laws?
  • How vulnerable are social media sites to the new wave of right of publicity class actions?

Speaker: Jennifer Rothman 

Moderator: Jeremy Feigelson

Panel: Stephanie S. Abrutyn, Kelli L. Sager, Ari J. Scharg



5:15 Adjourn

Day Two: 8:45 a.m. - 5:15 p.m.

8:45 Defamation and Related Claims 
  • How will Judge Rakoff’s evidentiary hearing fare on appeal in Palin?
  • What do the “Dossier” cases tell us about the scope of the fair report privilege?
  • Has the Texas Supreme Court recalibrated “libel by implication” in Tatum?
  • Has the First Circuit sounded the death knell for injunctions in defamation cases?
  • What is the legal significance of hyperlinking for republication, the fair report privilege, and other context-driven doctrines?
  • How have the Rolling Stone cases affected reporting on the #MeToo movement?  And what is the likely impact of public denial lawsuits by those painted as “liars” when their accusations are denied?

Speaker: Jonathan R. Donnellan

Moderator: Lee Levine

Panel: Kevin T. Baine, Tom Clare, Barbara W. Wall, Susan Weiner



10:00 Networking Break

10:15 Reporter’s Privilege and Anonymous Speech
  • What does the First Amendment have to say about border searches of journalists?
  • Did the DOJ phone records subpoenas violate the guidelines?
  • What threats do ongoing leak investigations pose for reporters?
  • Does the Supreme Court’s decision in Carpenter have ramifications for source protection?
  • What do the Glassdoor decisions mean for the rights of anonymous speakers?
  • Where will the states go in applying the privilege after Kalven and Robles

Speaker: Karen Kaiser 

Moderator: Lee Levine

Panel: Jason P. Conti, George Freeman, Mary-Rose Papandrea



11:15 Hot Topics in Communications Law: Section 230, Commercial Speech, and Anti-SLAPP Law
  • Are reviews now safely protected after Yelp?
  • Is it full speed ahead for tort plaintiffs after Snapchat?
  • Are the terrorism cases in the rearview after Fields v. Twitter?
  • After losses in NIFLA v. Becerra and CTIAv. Berkeley, will the Ninth Circuit rein in its expansive application of Zauderer?
  • Does Google have a First Amendment right to refuse ads that promise a “divine cure for cancer”?
  • Are the days of applying anti-SLAPP statues in federal court numbered?  

Moderator: Jeremy Feigelson

Speakers: Patrick J. Carome, Bruce E.H. Johnson, Jack M. Weiss



12:15 Lunch (Please note that lunch will be provided)

12:45 Legal Ethics for Media Lawyers: Current Issues
  • Are there any ethical constraints (left) on trying a case in the media?
  • When can a lawyer disclose confidential information that has become "generally known”?
  • What are the ethical responsibilities of lawyers who travel internationally and whose electronic devices may be subject to search at borders?
  • What are the confidentiality obligations of lawyers who blog and tweet?  
  • When does the lawyer have a duty to inform a client--or a former client--of a mistake in the representation?  

Moderator: Leonard Niehoff 

Panel: Lucy Dalglish, Sue Friedberg, Jeffrey Glasser



1:45 Newsgathering and Privacy Liability
  • Does DNC v. Wikileaks foreshadow the end of Bartnicki?
  • Has the 9th Circuit ended the debate over AgGag?
  • What’s the significance of Chelsea Manning’s failed First Amendment defense on appeal?
  • How are the courts looking at surreptitious surveillance?
  • What, if anything, does Carpenter mean for the intrusion tort and newsgathering liability?
  • Can an Espionage Act case against Julian Assange be squared with the First Amendment?

(IAPP Privacy credit for Privacy Professionals)

Speaker: Thomas S. Leatherbury

Moderator: Lee Levine

Panel: Dale M. Cohen, Rachel E. Fugate, Lynn B. Oberlander



2:45 Privacy and Data Protection
  • The big new California privacy law: Will an opt-out right now become the national standard?
  • GDPR, six months in and counting:  What is the impact on US companies, free speech, and the media?
  • Does the LabMD decision herald a new era of less aggressive data security enforcement by the FTC?
  • CLOUD-y with a chance of warrants: What does the new U.S. CLOUD Act mean for protecting customer data stored overseas?
  • After Carpenter v. US, does cellphone data finally enjoy clear privacy protection?
  • TCPA and robocalls -- Is the law definitively narrowing in defendants’ favor, and two years after Spokeo, who has standing to sue?

(IAPP Privacy credit for Privacy Professionals)

Speaker: Jane E. Kirtley      

Moderator: Jeremy Feigelson

Panel: Justin Brookman, Jacqueline Connor, Alfredo Della Monica, Pauline Wen



4:00 Networking Break

4:15 Hot Topics in International Media Law
  • Privacy and regulation in a post-GDPR world:  What are the real-world differences between the U.S. and European approaches to data privacy?
  • How is reporting affected by the right to be forgotten?
  • Royal weddings and more:  Has anything really changed in the UK – and elsewhere – on defamation?
  • To what extent will U.S. companies be subject to the jurisdiction of European data protection authorities?
  • Is data localization a meaningful impediment to global business?  
  • Internet and the resurgence of populism and totalitarianism:  How successful are governmental efforts at blocking access to “offending” websites?

(IAPP Privacy credit for Privacy Professionals)

Speaker: Mark Stephens 

Panel: Peter C. Canfield, Anya Proops QC, Hugh Tomlinson

Moderator: Jeffrey P. Cunard



5:15 Adjourn

Co-Chair(s)
Jeffrey P. Cunard ~ Debevoise & Plimpton LLP
Jeremy Feigelson ~ Debevoise & Plimpton LLP
Lee Levine ~ Ballard Spahr LLP
Speaker(s)
Floyd Abrams ~ Cahill Gordon & Reindel LLP
Stephanie S. Abrutyn ~ Senior Vice President & Chief Counsel, Litigation, Home Box Office, Inc.
Kevin T. Baine ~ Williams & Connolly LLP
Justin Brookman ~ Director, Consumer Privacy and Technology Policy, Consumers Union
Peter C. Canfield ~ Partner, Jones Day
Patrick J. Carome ~ WilmerHale
Devereux Chatillon ~ Chatillon Weiss LLP
Rick Chessen ~ Senior Vice President, Law & Regulatory Policy, National Cable & Telecommunications Association
Tom Clare ~ Clare Locke LLP
Dale M. Cohen ~ Director, Documentary FIlm Legal Clinic, UCLA School of Law; Senior Counsel for Frontline, WGBH
Jacqueline Connor ~ Bureau of Consumer Protection, Federal Trade Commission
Jason P. Conti ~ General Counsel and Chief Compliance Officer , Dow Jones & Company, Inc
Lucy A. Dalglish ~ Dean, Philip Merrill College of Journalism, University of Maryland
Alfredo Della Monica ~ Vice President & Senior Counsel - U.S. Privacy, General Counsel Organization, American Express
Jonathan R. Donnellan ~ Vice President and Co-General Counsel, Hearst Corporation
George Freeman ~ Executive Director, Media Law Resource Center
Sue Friedberg ~ Buchanan Ingersoll & Rooney PC
Rachel E. Fugate ~ Shullman Fugate PLLC
Jeffrey Glasser ~ Vice President, Legal, Los Angeles Times
Joseph C. Gratz ~ Durie Tangri LLP
Bruce E. H. Johnson ~ Davis Wright Tremaine LLP
RonNell Andersen Jones ~ Lee E. Teitelbaum Endowed Chair and Professor of Law, S.J. Quinney College of Law, University of Utah
Karen Kaiser ~ Senior Vice President, General Counsel, and Corporate Secretary, The Associated Press
Rick Kaplan ~ General Counsel and Executive Vice President, Legal and Regulatory Affairs, National Association of Broadcasters
Bruce P. Keller ~ Assistant U.S. Attorney, Special Counsel to the U.S. Attorney, District of New Jersey, United States Attorney's Office
Kathleen A. Kirby ~ Wiley Rein LLP
Jane E. Kirtley ~ Silha Professor of Media Ethics and Law, University of Minnesota
Thomas S. Leatherbury ~ Vinson & Elkins LLP
Adam Liptak ~ Supreme Court Correspondent, The New York Times
David E. McCraw ~ Vice President and Deputy General Counsel, The New York Times Company
James A. McLaughlin ~ Deputy General Counsel, Director of Government Affairs, The Washington Post
Leonard Niehoff ~ Honigman Miller Schwartz & Cohn, Professor, The University of Michigan Law School
Lynn B. Oberlander ~ Executive Vice President and General Counsel, Gizmodo Media Group, LLC
Mary-Rose Papandrea ~ Associate Dean for Academic Affairs and Professor of Law, University of North Carolina School of Law
Jennifer L. Pariser ~ Vice President, Copyright & Legal Affairs, Motion Picture Association of America
Jennifer E. Rothman ~ Professor of Law, Joseph Scott Fellow, Loyola Law School, Loyola Marymount University
Kelli L. Sager ~ Davis Wright Tremaine LLP
Ari J. Scharg ~ Edelson
David A. Schulz ~ Ballard Spahr LLP
Paul M. Smith ~ Vice President, Litigation and Strategy, Campaign Legal Center; Visiting Professor , Georgetown University Law School
Sherrese M. Smith ~ Paul Hastings LLP
Gigi B. Sohn ~ Distinguished Fellow, Georgetown Law Institute for Technology Law and Policy, Open Society Foundations
Mark Stephens, CBE ~ Howard Kennedy LLP
Eva E. Subotnik ~ Associate Professor of Law, Co-Director, Intellectual Property Law Center, St. John's University School of Law
Kathleen M. Sullivan ~ Quinn Emanuel Urquhart & Sullivan, LLP
Hugh Tomlinson ~ Matrix Chambers
Katie Townsend ~ Legal Director, Reporters Committee for Freedom of the Press
Barbara W. Wall ~ Senior Vice President and Chief Legal Officer, Gannett Co., Inc.
Susan Weiner ~ General Counsel, NBCUniversal News Group, Executive Vice President, NBCUniversal
Jack M. Weiss ~ Liskow & Lewis
Pauline Wen ~ Senior Vice President and Chief Privacy Counsel, 21st Century Fox, Inc.
Program Attorney(s)
Seema Lal Meehan ~ Director, Special Projects and Senior Program Attorney , Practising Law Institute

Why You Should Attend

Media and communications law must respond to new challenges, including those arising from digital and social media. The areas of First Amendment, defamation, privacy, intellectual property, newsgathering, right of publicity, and reporter’s privilege law are rapidly changing. The expert faculty of law firm practitioners, in-house counsel, government officials, and academics will address these issues. Unlike any other program, Communications Law in the Digital Age 2018 is a comprehensive, “one-stop shop,” providing the legal, strategic, and practical knowledge needed to keep apace with these areas of law.

Topics Include

  • The FCC’s approach to deregulation of the communications sector
  • New First Amendment developments
  • Domestic legislative, judicial, and regulatory developments on data protection and privacy
  • Updates on reporter’s privilege and newsgathering liability
  • Important recent intellectual property decisions affecting the media
  • Current issues in right of publicity law
  • Recent developments in Section 230, commercial speech, and anti-SLAPP law
  • International media law updates
  • Earn one hour of Ethics credit

Who Should Attend

This program is designed for firm attorneys, in-house counsel, and other professionals who practice in the fields of media and telecommunications, corporate compliance, privacy, and First Amendment law.


PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Day One: 8:45 a.m. - 5:15 p.m.

8:45 Opening Remarks

Jeffrey P. Cunard, Jeremy Feigelson, Lee Levine



9:00 Electronic Media Regulation
  • Politics: What has been the Trump administration’s influence on media regulation and do the midterm elections change anything?
  • Mergers and media ownership: In the wake of AT&T-Time Warner and other mega-deals, what is the FCC’s role?
  • Has the FCC’s media modernization initiative done anything to make traditional media companies more competitive?
  • Might net neutrality rules ever be revived?
  • The repack and a next generation transmission standard: What’s next for broadcast television?
  • How will the FCC’s ongoing efforts to identify and open up spectrum for new technologies impact the media landscape?

Speaker: Kathleen A. Kirby 

Moderator: Jeffrey P. Cunard

Panel: Rick Chessen, Rick Kaplan, Sherrese M. Smith, Gigi B. Sohn



10:15 Networking Break

10:30 First Amendment Jurisprudence
  • How did the First Amendment fare in Masterpiece Cakeshop?
  • What do we know about “what not to wear” at polling places?
  • Does the First Amendment right not to be blocked on Twitter extend beyond @realDonaldTrump?
  • Assessing Justice Kennedy’s legacy: What will his departure mean for the First Amendment?
  • Did Janus “weaponize” the First Amendment in the cause of economic deregulation?  
  • What can the government require health care providers to tell their patients?

Speaker: Paul M. Smith 

Moderator:  Lee Levine

Panel: Floyd Abrams, RonNell Andersen Jones, Adam Liptak, Kathleen M. Sullivan



11:45 Lunch

1:45 Intellectual Property Law Updates for Media Lawyers
  • Embedding links:  Did Goldman v. Breitbart err in rejecting the Ninth Circuit’s server test?
  • Revisiting transformation:  Can Google Books and TVEyes be reconciled?
  • Is the Federal Circuit’s fair use decision in Oracle v. Google a blow to innovation?
  • Thirteen strikes and you’re out:  Is the DMCA safe harbor working?
  • Did Disney misuse Redbox?
  • Digital first sale, again:  Will ReDigi go to the Supreme Court?

Speaker: Bruce P. Keller­

Moderator: Jeffrey P. Cunard

Panel: Devereux Chatillon, Joseph C. Gratz, Jennifer L. Pariser, Eva E. Subotnik



3:00 Networking Break

3:15 Access
  • Who's that juror—Is juror anonymity the new normal in high-profile cases?
  • The Glomar doctrine is spreading, will it become a cancer on FOIA?
  • Jurisdiction, standing, and ripeness: Are courts creating new roadblocks for public access to government information?
  • From Scott Pruitt's calendar to White House visitor logs: How are FOIA requests faring under the Trump Administration?
  • What are the latest efforts to increase public access to secret court dockets in government surveillance matters?
  • What information is the public entitled to know about cops and how do they get it?

Speaker: Katie Townsend

Moderator: Lee Levine

Panel: David E. McCraw, James A. McLaughlin, David A. Schulz



4:15 Right of Publicity and Related Claims
  • Will the First Amendment protect docudramas after de Havilland v. FX Networks?
  • Digital replicas, postmortem rights and more: Are the state legislatures turning a privacy right into a property right?
  • Victory for video games in Lohan/Gravano: What next for the medium under right of publicity laws?
  • How vulnerable are social media sites to the new wave of right of publicity class actions?

Speaker: Jennifer Rothman 

Moderator: Jeremy Feigelson

Panel: Stephanie S. Abrutyn, Kelli L. Sager, Ari J. Scharg



5:15 Adjourn

Day Two: 8:45 a.m. - 5:15 p.m.

8:45 Defamation and Related Claims 
  • How will Judge Rakoff’s evidentiary hearing fare on appeal in Palin?
  • What do the “Dossier” cases tell us about the scope of the fair report privilege?
  • Has the Texas Supreme Court recalibrated “libel by implication” in Tatum?
  • Has the First Circuit sounded the death knell for injunctions in defamation cases?
  • What is the legal significance of hyperlinking for republication, the fair report privilege, and other context-driven doctrines?
  • How have the Rolling Stone cases affected reporting on the #MeToo movement?  And what is the likely impact of public denial lawsuits by those painted as “liars” when their accusations are denied?

Speaker: Jonathan R. Donnellan

Moderator: Lee Levine

Panel: Kevin T. Baine, Tom Clare, Barbara W. Wall, Susan Weiner



10:00 Networking Break

10:15 Reporter’s Privilege and Anonymous Speech
  • What does the First Amendment have to say about border searches of journalists?
  • Did the DOJ phone records subpoenas violate the guidelines?
  • What threats do ongoing leak investigations pose for reporters?
  • Does the Supreme Court’s decision in Carpenter have ramifications for source protection?
  • What do the Glassdoor decisions mean for the rights of anonymous speakers?
  • Where will the states go in applying the privilege after Kalven and Robles

Speaker: Karen Kaiser 

Moderator: Lee Levine

Panel: Jason P. Conti, George Freeman, Mary-Rose Papandrea



11:15 Hot Topics in Communications Law: Section 230, Commercial Speech, and Anti-SLAPP Law
  • Are reviews now safely protected after Yelp?
  • Is it full speed ahead for tort plaintiffs after Snapchat?
  • Are the terrorism cases in the rearview after Fields v. Twitter?
  • After losses in NIFLA v. Becerra and CTIAv. Berkeley, will the Ninth Circuit rein in its expansive application of Zauderer?
  • Does Google have a First Amendment right to refuse ads that promise a “divine cure for cancer”?
  • Are the days of applying anti-SLAPP statues in federal court numbered?  

Moderator: Jeremy Feigelson

Speakers: Patrick J. Carome, Bruce E.H. Johnson, Jack M. Weiss



12:15 Lunch (Please note that lunch will be provided)

12:45 Legal Ethics for Media Lawyers: Current Issues
  • Are there any ethical constraints (left) on trying a case in the media?
  • When can a lawyer disclose confidential information that has become "generally known”?
  • What are the ethical responsibilities of lawyers who travel internationally and whose electronic devices may be subject to search at borders?
  • What are the confidentiality obligations of lawyers who blog and tweet?  
  • When does the lawyer have a duty to inform a client--or a former client--of a mistake in the representation?  

Moderator: Leonard Niehoff 

Panel: Lucy Dalglish, Sue Friedberg, Jeffrey Glasser



1:45 Newsgathering and Privacy Liability
  • Does DNC v. Wikileaks foreshadow the end of Bartnicki?
  • Has the 9th Circuit ended the debate over AgGag?
  • What’s the significance of Chelsea Manning’s failed First Amendment defense on appeal?
  • How are the courts looking at surreptitious surveillance?
  • What, if anything, does Carpenter mean for the intrusion tort and newsgathering liability?
  • Can an Espionage Act case against Julian Assange be squared with the First Amendment?

(IAPP Privacy credit for Privacy Professionals)

Speaker: Thomas S. Leatherbury

Moderator: Lee Levine

Panel: Dale M. Cohen, Rachel E. Fugate, Lynn B. Oberlander



2:45 Privacy and Data Protection
  • The big new California privacy law: Will an opt-out right now become the national standard?
  • GDPR, six months in and counting:  What is the impact on US companies, free speech, and the media?
  • Does the LabMD decision herald a new era of less aggressive data security enforcement by the FTC?
  • CLOUD-y with a chance of warrants: What does the new U.S. CLOUD Act mean for protecting customer data stored overseas?
  • After Carpenter v. US, does cellphone data finally enjoy clear privacy protection?
  • TCPA and robocalls -- Is the law definitively narrowing in defendants’ favor, and two years after Spokeo, who has standing to sue?

(IAPP Privacy credit for Privacy Professionals)

Speaker: Jane E. Kirtley      

Moderator: Jeremy Feigelson

Panel: Justin Brookman, Jacqueline Connor, Alfredo Della Monica, Pauline Wen



4:00 Networking Break

4:15 Hot Topics in International Media Law
  • Privacy and regulation in a post-GDPR world:  What are the real-world differences between the U.S. and European approaches to data privacy?
  • How is reporting affected by the right to be forgotten?
  • Royal weddings and more:  Has anything really changed in the UK – and elsewhere – on defamation?
  • To what extent will U.S. companies be subject to the jurisdiction of European data protection authorities?
  • Is data localization a meaningful impediment to global business?  
  • Internet and the resurgence of populism and totalitarianism:  How successful are governmental efforts at blocking access to “offending” websites?

(IAPP Privacy credit for Privacy Professionals)

Speaker: Mark Stephens 

Panel: Peter C. Canfield, Anya Proops QC, Hugh Tomlinson

Moderator: Jeffrey P. Cunard



5:15 Adjourn

Co-Chair(s)
Jeffrey P. Cunard ~ Debevoise & Plimpton LLP
Jeremy Feigelson ~ Debevoise & Plimpton LLP
Lee Levine ~ Ballard Spahr LLP
Speaker(s)
Floyd Abrams ~ Cahill Gordon & Reindel LLP
Stephanie S. Abrutyn ~ Senior Vice President & Chief Counsel, Litigation, Home Box Office, Inc.
Kevin T. Baine ~ Williams & Connolly LLP
Justin Brookman ~ Director, Consumer Privacy and Technology Policy, Consumers Union
Peter C. Canfield ~ Partner, Jones Day
Patrick J. Carome ~ WilmerHale
Devereux Chatillon ~ Chatillon Weiss LLP
Rick Chessen ~ Senior Vice President, Law & Regulatory Policy, National Cable & Telecommunications Association
Tom Clare ~ Clare Locke LLP
Dale M. Cohen ~ Director, Documentary FIlm Legal Clinic, UCLA School of Law; Senior Counsel for Frontline, WGBH
Jacqueline Connor ~ Bureau of Consumer Protection, Federal Trade Commission
Jason P. Conti ~ General Counsel and Chief Compliance Officer , Dow Jones & Company, Inc
Lucy A. Dalglish ~ Dean, Philip Merrill College of Journalism, University of Maryland
Alfredo Della Monica ~ Vice President & Senior Counsel - U.S. Privacy, General Counsel Organization, American Express
Jonathan R. Donnellan ~ Vice President and Co-General Counsel, Hearst Corporation
George Freeman ~ Executive Director, Media Law Resource Center
Sue Friedberg ~ Buchanan Ingersoll & Rooney PC
Rachel E. Fugate ~ Shullman Fugate PLLC
Jeffrey Glasser ~ Vice President, Legal, Los Angeles Times
Joseph C. Gratz ~ Durie Tangri LLP
Bruce E. H. Johnson ~ Davis Wright Tremaine LLP
RonNell Andersen Jones ~ Lee E. Teitelbaum Endowed Chair and Professor of Law, S.J. Quinney College of Law, University of Utah
Karen Kaiser ~ Senior Vice President, General Counsel, and Corporate Secretary, The Associated Press
Rick Kaplan ~ General Counsel and Executive Vice President, Legal and Regulatory Affairs, National Association of Broadcasters
Bruce P. Keller ~ Assistant U.S. Attorney, Special Counsel to the U.S. Attorney, District of New Jersey, United States Attorney's Office
Kathleen A. Kirby ~ Wiley Rein LLP
Jane E. Kirtley ~ Silha Professor of Media Ethics and Law, University of Minnesota
Thomas S. Leatherbury ~ Vinson & Elkins LLP
Adam Liptak ~ Supreme Court Correspondent, The New York Times
David E. McCraw ~ Vice President and Deputy General Counsel, The New York Times Company
James A. McLaughlin ~ Deputy General Counsel, Director of Government Affairs, The Washington Post
Leonard Niehoff ~ Honigman Miller Schwartz & Cohn, Professor, The University of Michigan Law School
Lynn B. Oberlander ~ Executive Vice President and General Counsel, Gizmodo Media Group, LLC
Mary-Rose Papandrea ~ Associate Dean for Academic Affairs and Professor of Law, University of North Carolina School of Law
Jennifer L. Pariser ~ Vice President, Copyright & Legal Affairs, Motion Picture Association of America
Jennifer E. Rothman ~ Professor of Law, Joseph Scott Fellow, Loyola Law School, Loyola Marymount University
Kelli L. Sager ~ Davis Wright Tremaine LLP
Ari J. Scharg ~ Edelson
David A. Schulz ~ Ballard Spahr LLP
Paul M. Smith ~ Vice President, Litigation and Strategy, Campaign Legal Center; Visiting Professor , Georgetown University Law School
Sherrese M. Smith ~ Paul Hastings LLP
Gigi B. Sohn ~ Distinguished Fellow, Georgetown Law Institute for Technology Law and Policy, Open Society Foundations
Mark Stephens, CBE ~ Howard Kennedy LLP
Eva E. Subotnik ~ Associate Professor of Law, Co-Director, Intellectual Property Law Center, St. John's University School of Law
Kathleen M. Sullivan ~ Quinn Emanuel Urquhart & Sullivan, LLP
Hugh Tomlinson ~ Matrix Chambers
Katie Townsend ~ Legal Director, Reporters Committee for Freedom of the Press
Barbara W. Wall ~ Senior Vice President and Chief Legal Officer, Gannett Co., Inc.
Susan Weiner ~ General Counsel, NBCUniversal News Group, Executive Vice President, NBCUniversal
Jack M. Weiss ~ Liskow & Lewis
Pauline Wen ~ Senior Vice President and Chief Privacy Counsel, 21st Century Fox, Inc.
Program Attorney(s)
Seema Lal Meehan ~ Director, Special Projects and Senior Program Attorney , Practising Law Institute
New Jersey Groupcast Location

New Jersey Institute for Continuing Legal Education, One Constitution Square, New Brunswick, NJ 08901-1520. 732-249-5100.

Why You Should Attend

Media and communications law must respond to new challenges, including those arising from digital and social media. The areas of First Amendment, defamation, privacy, intellectual property, newsgathering, right of publicity, and reporter’s privilege law are rapidly changing. The expert faculty of law firm practitioners, in-house counsel, government officials, and academics will address these issues. Unlike any other program, Communications Law in the Digital Age 2018 is a comprehensive, “one-stop shop,” providing the legal, strategic, and practical knowledge needed to keep apace with these areas of law.

Topics Include

  • The FCC’s approach to deregulation of the communications sector
  • New First Amendment developments
  • Domestic legislative, judicial, and regulatory developments on data protection and privacy
  • Updates on reporter’s privilege and newsgathering liability
  • Important recent intellectual property decisions affecting the media
  • Current issues in right of publicity law
  • Recent developments in Section 230, commercial speech, and anti-SLAPP law
  • International media law updates
  • Earn one hour of Ethics credit

Who Should Attend

This program is designed for firm attorneys, in-house counsel, and other professionals who practice in the fields of media and telecommunications, corporate compliance, privacy, and First Amendment law.


PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Day One: 8:45 a.m. - 5:15 p.m.

8:45 Opening Remarks

Jeffrey P. Cunard, Jeremy Feigelson, Lee Levine



9:00 Electronic Media Regulation
  • Politics: What has been the Trump administration’s influence on media regulation and do the midterm elections change anything?
  • Mergers and media ownership: In the wake of AT&T-Time Warner and other mega-deals, what is the FCC’s role?
  • Has the FCC’s media modernization initiative done anything to make traditional media companies more competitive?
  • Might net neutrality rules ever be revived?
  • The repack and a next generation transmission standard: What’s next for broadcast television?
  • How will the FCC’s ongoing efforts to identify and open up spectrum for new technologies impact the media landscape?

Speaker: Kathleen A. Kirby 

Moderator: Jeffrey P. Cunard

Panel: Rick Chessen, Rick Kaplan, Sherrese M. Smith, Gigi B. Sohn



10:15 Networking Break

10:30 First Amendment Jurisprudence
  • How did the First Amendment fare in Masterpiece Cakeshop?
  • What do we know about “what not to wear” at polling places?
  • Does the First Amendment right not to be blocked on Twitter extend beyond @realDonaldTrump?
  • Assessing Justice Kennedy’s legacy: What will his departure mean for the First Amendment?
  • Did Janus “weaponize” the First Amendment in the cause of economic deregulation?  
  • What can the government require health care providers to tell their patients?

Speaker: Paul M. Smith 

Moderator:  Lee Levine

Panel: Floyd Abrams, RonNell Andersen Jones, Adam Liptak, Kathleen M. Sullivan



11:45 Lunch

1:45 Intellectual Property Law Updates for Media Lawyers
  • Embedding links:  Did Goldman v. Breitbart err in rejecting the Ninth Circuit’s server test?
  • Revisiting transformation:  Can Google Books and TVEyes be reconciled?
  • Is the Federal Circuit’s fair use decision in Oracle v. Google a blow to innovation?
  • Thirteen strikes and you’re out:  Is the DMCA safe harbor working?
  • Did Disney misuse Redbox?
  • Digital first sale, again:  Will ReDigi go to the Supreme Court?

Speaker: Bruce P. Keller­

Moderator: Jeffrey P. Cunard

Panel: Devereux Chatillon, Joseph C. Gratz, Jennifer L. Pariser, Eva E. Subotnik



3:00 Networking Break

3:15 Access
  • Who's that juror—Is juror anonymity the new normal in high-profile cases?
  • The Glomar doctrine is spreading, will it become a cancer on FOIA?
  • Jurisdiction, standing, and ripeness: Are courts creating new roadblocks for public access to government information?
  • From Scott Pruitt's calendar to White House visitor logs: How are FOIA requests faring under the Trump Administration?
  • What are the latest efforts to increase public access to secret court dockets in government surveillance matters?
  • What information is the public entitled to know about cops and how do they get it?

Speaker: Katie Townsend

Moderator: Lee Levine

Panel: David E. McCraw, James A. McLaughlin, David A. Schulz



4:15 Right of Publicity and Related Claims
  • Will the First Amendment protect docudramas after de Havilland v. FX Networks?
  • Digital replicas, postmortem rights and more: Are the state legislatures turning a privacy right into a property right?
  • Victory for video games in Lohan/Gravano: What next for the medium under right of publicity laws?
  • How vulnerable are social media sites to the new wave of right of publicity class actions?

Speaker: Jennifer Rothman 

Moderator: Jeremy Feigelson

Panel: Stephanie S. Abrutyn, Kelli L. Sager, Ari J. Scharg



5:15 Adjourn

Day Two: 8:45 a.m. - 5:15 p.m.

8:45 Defamation and Related Claims 
  • How will Judge Rakoff’s evidentiary hearing fare on appeal in Palin?
  • What do the “Dossier” cases tell us about the scope of the fair report privilege?
  • Has the Texas Supreme Court recalibrated “libel by implication” in Tatum?
  • Has the First Circuit sounded the death knell for injunctions in defamation cases?
  • What is the legal significance of hyperlinking for republication, the fair report privilege, and other context-driven doctrines?
  • How have the Rolling Stone cases affected reporting on the #MeToo movement?  And what is the likely impact of public denial lawsuits by those painted as “liars” when their accusations are denied?

Speaker: Jonathan R. Donnellan

Moderator: Lee Levine

Panel: Kevin T. Baine, Tom Clare, Barbara W. Wall, Susan Weiner



10:00 Networking Break

10:15 Reporter’s Privilege and Anonymous Speech
  • What does the First Amendment have to say about border searches of journalists?
  • Did the DOJ phone records subpoenas violate the guidelines?
  • What threats do ongoing leak investigations pose for reporters?
  • Does the Supreme Court’s decision in Carpenter have ramifications for source protection?
  • What do the Glassdoor decisions mean for the rights of anonymous speakers?
  • Where will the states go in applying the privilege after Kalven and Robles

Speaker: Karen Kaiser 

Moderator: Lee Levine

Panel: Jason P. Conti, George Freeman, Mary-Rose Papandrea



11:15 Hot Topics in Communications Law: Section 230, Commercial Speech, and Anti-SLAPP Law
  • Are reviews now safely protected after Yelp?
  • Is it full speed ahead for tort plaintiffs after Snapchat?
  • Are the terrorism cases in the rearview after Fields v. Twitter?
  • After losses in NIFLA v. Becerra and CTIAv. Berkeley, will the Ninth Circuit rein in its expansive application of Zauderer?
  • Does Google have a First Amendment right to refuse ads that promise a “divine cure for cancer”?
  • Are the days of applying anti-SLAPP statues in federal court numbered?  

Moderator: Jeremy Feigelson

Speakers: Patrick J. Carome, Bruce E.H. Johnson, Jack M. Weiss



12:15 Lunch (Please note that lunch will be provided)

12:45 Legal Ethics for Media Lawyers: Current Issues
  • Are there any ethical constraints (left) on trying a case in the media?
  • When can a lawyer disclose confidential information that has become "generally known”?
  • What are the ethical responsibilities of lawyers who travel internationally and whose electronic devices may be subject to search at borders?
  • What are the confidentiality obligations of lawyers who blog and tweet?  
  • When does the lawyer have a duty to inform a client--or a former client--of a mistake in the representation?  

Moderator: Leonard Niehoff 

Panel: Lucy Dalglish, Sue Friedberg, Jeffrey Glasser



1:45 Newsgathering and Privacy Liability
  • Does DNC v. Wikileaks foreshadow the end of Bartnicki?
  • Has the 9th Circuit ended the debate over AgGag?
  • What’s the significance of Chelsea Manning’s failed First Amendment defense on appeal?
  • How are the courts looking at surreptitious surveillance?
  • What, if anything, does Carpenter mean for the intrusion tort and newsgathering liability?
  • Can an Espionage Act case against Julian Assange be squared with the First Amendment?

(IAPP Privacy credit for Privacy Professionals)

Speaker: Thomas S. Leatherbury

Moderator: Lee Levine

Panel: Dale M. Cohen, Rachel E. Fugate, Lynn B. Oberlander



2:45 Privacy and Data Protection
  • The big new California privacy law: Will an opt-out right now become the national standard?
  • GDPR, six months in and counting:  What is the impact on US companies, free speech, and the media?
  • Does the LabMD decision herald a new era of less aggressive data security enforcement by the FTC?
  • CLOUD-y with a chance of warrants: What does the new U.S. CLOUD Act mean for protecting customer data stored overseas?
  • After Carpenter v. US, does cellphone data finally enjoy clear privacy protection?
  • TCPA and robocalls -- Is the law definitively narrowing in defendants’ favor, and two years after Spokeo, who has standing to sue?

(IAPP Privacy credit for Privacy Professionals)

Speaker: Jane E. Kirtley      

Moderator: Jeremy Feigelson

Panel: Justin Brookman, Jacqueline Connor, Alfredo Della Monica, Pauline Wen



4:00 Networking Break

4:15 Hot Topics in International Media Law
  • Privacy and regulation in a post-GDPR world:  What are the real-world differences between the U.S. and European approaches to data privacy?
  • How is reporting affected by the right to be forgotten?
  • Royal weddings and more:  Has anything really changed in the UK – and elsewhere – on defamation?
  • To what extent will U.S. companies be subject to the jurisdiction of European data protection authorities?
  • Is data localization a meaningful impediment to global business?  
  • Internet and the resurgence of populism and totalitarianism:  How successful are governmental efforts at blocking access to “offending” websites?

(IAPP Privacy credit for Privacy Professionals)

Speaker: Mark Stephens 

Panel: Peter C. Canfield, Anya Proops QC, Hugh Tomlinson

Moderator: Jeffrey P. Cunard



5:15 Adjourn

Co-Chair(s)
Jeffrey P. Cunard ~ Debevoise & Plimpton LLP
Jeremy Feigelson ~ Debevoise & Plimpton LLP
Lee Levine ~ Ballard Spahr LLP
Speaker(s)
Floyd Abrams ~ Cahill Gordon & Reindel LLP
Stephanie S. Abrutyn ~ Senior Vice President & Chief Counsel, Litigation, Home Box Office, Inc.
Kevin T. Baine ~ Williams & Connolly LLP
Justin Brookman ~ Director, Consumer Privacy and Technology Policy, Consumers Union
Peter C. Canfield ~ Partner, Jones Day
Patrick J. Carome ~ WilmerHale
Devereux Chatillon ~ Chatillon Weiss LLP
Rick Chessen ~ Senior Vice President, Law & Regulatory Policy, National Cable & Telecommunications Association
Tom Clare ~ Clare Locke LLP
Dale M. Cohen ~ Director, Documentary FIlm Legal Clinic, UCLA School of Law; Senior Counsel for Frontline, WGBH
Jacqueline Connor ~ Bureau of Consumer Protection, Federal Trade Commission
Jason P. Conti ~ General Counsel and Chief Compliance Officer , Dow Jones & Company, Inc
Lucy A. Dalglish ~ Dean, Philip Merrill College of Journalism, University of Maryland
Alfredo Della Monica ~ Vice President & Senior Counsel - U.S. Privacy, General Counsel Organization, American Express
Jonathan R. Donnellan ~ Vice President and Co-General Counsel, Hearst Corporation
George Freeman ~ Executive Director, Media Law Resource Center
Sue Friedberg ~ Buchanan Ingersoll & Rooney PC
Rachel E. Fugate ~ Shullman Fugate PLLC
Jeffrey Glasser ~ Vice President, Legal, Los Angeles Times
Joseph C. Gratz ~ Durie Tangri LLP
Bruce E. H. Johnson ~ Davis Wright Tremaine LLP
RonNell Andersen Jones ~ Lee E. Teitelbaum Endowed Chair and Professor of Law, S.J. Quinney College of Law, University of Utah
Karen Kaiser ~ Senior Vice President, General Counsel, and Corporate Secretary, The Associated Press
Rick Kaplan ~ General Counsel and Executive Vice President, Legal and Regulatory Affairs, National Association of Broadcasters
Bruce P. Keller ~ Assistant U.S. Attorney, Special Counsel to the U.S. Attorney, District of New Jersey, United States Attorney's Office
Kathleen A. Kirby ~ Wiley Rein LLP
Jane E. Kirtley ~ Silha Professor of Media Ethics and Law, University of Minnesota
Thomas S. Leatherbury ~ Vinson & Elkins LLP
Adam Liptak ~ Supreme Court Correspondent, The New York Times
David E. McCraw ~ Vice President and Deputy General Counsel, The New York Times Company
James A. McLaughlin ~ Deputy General Counsel, Director of Government Affairs, The Washington Post
Leonard Niehoff ~ Honigman Miller Schwartz & Cohn, Professor, The University of Michigan Law School
Lynn B. Oberlander ~ Executive Vice President and General Counsel, Gizmodo Media Group, LLC
Mary-Rose Papandrea ~ Associate Dean for Academic Affairs and Professor of Law, University of North Carolina School of Law
Jennifer L. Pariser ~ Vice President, Copyright & Legal Affairs, Motion Picture Association of America
Jennifer E. Rothman ~ Professor of Law, Joseph Scott Fellow, Loyola Law School, Loyola Marymount University
Kelli L. Sager ~ Davis Wright Tremaine LLP
Ari J. Scharg ~ Edelson
David A. Schulz ~ Ballard Spahr LLP
Paul M. Smith ~ Vice President, Litigation and Strategy, Campaign Legal Center; Visiting Professor , Georgetown University Law School
Sherrese M. Smith ~ Paul Hastings LLP
Gigi B. Sohn ~ Distinguished Fellow, Georgetown Law Institute for Technology Law and Policy, Open Society Foundations
Mark Stephens, CBE ~ Howard Kennedy LLP
Eva E. Subotnik ~ Associate Professor of Law, Co-Director, Intellectual Property Law Center, St. John's University School of Law
Kathleen M. Sullivan ~ Quinn Emanuel Urquhart & Sullivan, LLP
Hugh Tomlinson ~ Matrix Chambers
Katie Townsend ~ Legal Director, Reporters Committee for Freedom of the Press
Barbara W. Wall ~ Senior Vice President and Chief Legal Officer, Gannett Co., Inc.
Susan Weiner ~ General Counsel, NBCUniversal News Group, Executive Vice President, NBCUniversal
Jack M. Weiss ~ Liskow & Lewis
Pauline Wen ~ Senior Vice President and Chief Privacy Counsel, 21st Century Fox, Inc.
Program Attorney(s)
Seema Lal Meehan ~ Director, Special Projects and Senior Program Attorney , Practising Law Institute
Atlanta Groupcast Location

Atlanta Bar Association, 400 International Tower, 229 Peachtree Street, NE, Atlanta, GA 30303-1601. (404) 521-0781.

Why You Should Attend

Media and communications law must respond to new challenges, including those arising from digital and social media. The areas of First Amendment, defamation, privacy, intellectual property, newsgathering, right of publicity, and reporter’s privilege law are rapidly changing. The expert faculty of law firm practitioners, in-house counsel, government officials, and academics will address these issues. Unlike any other program, Communications Law in the Digital Age 2018 is a comprehensive, “one-stop shop,” providing the legal, strategic, and practical knowledge needed to keep apace with these areas of law.

Topics Include

  • The FCC’s approach to deregulation of the communications sector
  • New First Amendment developments
  • Domestic legislative, judicial, and regulatory developments on data protection and privacy
  • Updates on reporter’s privilege and newsgathering liability
  • Important recent intellectual property decisions affecting the media
  • Current issues in right of publicity law
  • Recent developments in Section 230, commercial speech, and anti-SLAPP law
  • International media law updates
  • Earn one hour of Ethics credit

Who Should Attend

This program is designed for firm attorneys, in-house counsel, and other professionals who practice in the fields of media and telecommunications, corporate compliance, privacy, and First Amendment law.


PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Day One: 8:45 a.m. - 5:15 p.m.

8:45 Opening Remarks

Jeffrey P. Cunard, Jeremy Feigelson, Lee Levine



9:00 Electronic Media Regulation
  • Politics: What has been the Trump administration’s influence on media regulation and do the midterm elections change anything?
  • Mergers and media ownership: In the wake of AT&T-Time Warner and other mega-deals, what is the FCC’s role?
  • Has the FCC’s media modernization initiative done anything to make traditional media companies more competitive?
  • Might net neutrality rules ever be revived?
  • The repack and a next generation transmission standard: What’s next for broadcast television?
  • How will the FCC’s ongoing efforts to identify and open up spectrum for new technologies impact the media landscape?

Speaker: Kathleen A. Kirby 

Moderator: Jeffrey P. Cunard

Panel: Rick Chessen, Rick Kaplan, Sherrese M. Smith, Gigi B. Sohn



10:15 Networking Break

10:30 First Amendment Jurisprudence
  • How did the First Amendment fare in Masterpiece Cakeshop?
  • What do we know about “what not to wear” at polling places?
  • Does the First Amendment right not to be blocked on Twitter extend beyond @realDonaldTrump?
  • Assessing Justice Kennedy’s legacy: What will his departure mean for the First Amendment?
  • Did Janus “weaponize” the First Amendment in the cause of economic deregulation?  
  • What can the government require health care providers to tell their patients?

Speaker: Paul M. Smith 

Moderator:  Lee Levine

Panel: Floyd Abrams, RonNell Andersen Jones, Adam Liptak, Kathleen M. Sullivan



11:45 Lunch

1:45 Intellectual Property Law Updates for Media Lawyers
  • Embedding links:  Did Goldman v. Breitbart err in rejecting the Ninth Circuit’s server test?
  • Revisiting transformation:  Can Google Books and TVEyes be reconciled?
  • Is the Federal Circuit’s fair use decision in Oracle v. Google a blow to innovation?
  • Thirteen strikes and you’re out:  Is the DMCA safe harbor working?
  • Did Disney misuse Redbox?
  • Digital first sale, again:  Will ReDigi go to the Supreme Court?

Speaker: Bruce P. Keller­

Moderator: Jeffrey P. Cunard

Panel: Devereux Chatillon, Joseph C. Gratz, Jennifer L. Pariser, Eva E. Subotnik



3:00 Networking Break

3:15 Access
  • Who's that juror—Is juror anonymity the new normal in high-profile cases?
  • The Glomar doctrine is spreading, will it become a cancer on FOIA?
  • Jurisdiction, standing, and ripeness: Are courts creating new roadblocks for public access to government information?
  • From Scott Pruitt's calendar to White House visitor logs: How are FOIA requests faring under the Trump Administration?
  • What are the latest efforts to increase public access to secret court dockets in government surveillance matters?
  • What information is the public entitled to know about cops and how do they get it?

Speaker: Katie Townsend

Moderator: Lee Levine

Panel: David E. McCraw, James A. McLaughlin, David A. Schulz



4:15 Right of Publicity and Related Claims
  • Will the First Amendment protect docudramas after de Havilland v. FX Networks?
  • Digital replicas, postmortem rights and more: Are the state legislatures turning a privacy right into a property right?
  • Victory for video games in Lohan/Gravano: What next for the medium under right of publicity laws?
  • How vulnerable are social media sites to the new wave of right of publicity class actions?

Speaker: Jennifer Rothman 

Moderator: Jeremy Feigelson

Panel: Stephanie S. Abrutyn, Kelli L. Sager, Ari J. Scharg



5:15 Adjourn

Day Two: 8:45 a.m. - 5:15 p.m.

8:45 Defamation and Related Claims 
  • How will Judge Rakoff’s evidentiary hearing fare on appeal in Palin?
  • What do the “Dossier” cases tell us about the scope of the fair report privilege?
  • Has the Texas Supreme Court recalibrated “libel by implication” in Tatum?
  • Has the First Circuit sounded the death knell for injunctions in defamation cases?
  • What is the legal significance of hyperlinking for republication, the fair report privilege, and other context-driven doctrines?
  • How have the Rolling Stone cases affected reporting on the #MeToo movement?  And what is the likely impact of public denial lawsuits by those painted as “liars” when their accusations are denied?

Speaker: Jonathan R. Donnellan

Moderator: Lee Levine

Panel: Kevin T. Baine, Tom Clare, Barbara W. Wall, Susan Weiner



10:00 Networking Break

10:15 Reporter’s Privilege and Anonymous Speech
  • What does the First Amendment have to say about border searches of journalists?
  • Did the DOJ phone records subpoenas violate the guidelines?
  • What threats do ongoing leak investigations pose for reporters?
  • Does the Supreme Court’s decision in Carpenter have ramifications for source protection?
  • What do the Glassdoor decisions mean for the rights of anonymous speakers?
  • Where will the states go in applying the privilege after Kalven and Robles

Speaker: Karen Kaiser 

Moderator: Lee Levine

Panel: Jason P. Conti, George Freeman, Mary-Rose Papandrea



11:15 Hot Topics in Communications Law: Section 230, Commercial Speech, and Anti-SLAPP Law
  • Are reviews now safely protected after Yelp?
  • Is it full speed ahead for tort plaintiffs after Snapchat?
  • Are the terrorism cases in the rearview after Fields v. Twitter?
  • After losses in NIFLA v. Becerra and CTIAv. Berkeley, will the Ninth Circuit rein in its expansive application of Zauderer?
  • Does Google have a First Amendment right to refuse ads that promise a “divine cure for cancer”?
  • Are the days of applying anti-SLAPP statues in federal court numbered?  

Moderator: Jeremy Feigelson

Speakers: Patrick J. Carome, Bruce E.H. Johnson, Jack M. Weiss



12:15 Lunch (Please note that lunch will be provided)

12:45 Legal Ethics for Media Lawyers: Current Issues
  • Are there any ethical constraints (left) on trying a case in the media?
  • When can a lawyer disclose confidential information that has become "generally known”?
  • What are the ethical responsibilities of lawyers who travel internationally and whose electronic devices may be subject to search at borders?
  • What are the confidentiality obligations of lawyers who blog and tweet?  
  • When does the lawyer have a duty to inform a client--or a former client--of a mistake in the representation?  

Moderator: Leonard Niehoff 

Panel: Lucy Dalglish, Sue Friedberg, Jeffrey Glasser



1:45 Newsgathering and Privacy Liability
  • Does DNC v. Wikileaks foreshadow the end of Bartnicki?
  • Has the 9th Circuit ended the debate over AgGag?
  • What’s the significance of Chelsea Manning’s failed First Amendment defense on appeal?
  • How are the courts looking at surreptitious surveillance?
  • What, if anything, does Carpenter mean for the intrusion tort and newsgathering liability?
  • Can an Espionage Act case against Julian Assange be squared with the First Amendment?

(IAPP Privacy credit for Privacy Professionals)

Speaker: Thomas S. Leatherbury

Moderator: Lee Levine

Panel: Dale M. Cohen, Rachel E. Fugate, Lynn B. Oberlander



2:45 Privacy and Data Protection
  • The big new California privacy law: Will an opt-out right now become the national standard?
  • GDPR, six months in and counting:  What is the impact on US companies, free speech, and the media?
  • Does the LabMD decision herald a new era of less aggressive data security enforcement by the FTC?
  • CLOUD-y with a chance of warrants: What does the new U.S. CLOUD Act mean for protecting customer data stored overseas?
  • After Carpenter v. US, does cellphone data finally enjoy clear privacy protection?
  • TCPA and robocalls -- Is the law definitively narrowing in defendants’ favor, and two years after Spokeo, who has standing to sue?

(IAPP Privacy credit for Privacy Professionals)

Speaker: Jane E. Kirtley      

Moderator: Jeremy Feigelson

Panel: Justin Brookman, Jacqueline Connor, Alfredo Della Monica, Pauline Wen



4:00 Networking Break

4:15 Hot Topics in International Media Law
  • Privacy and regulation in a post-GDPR world:  What are the real-world differences between the U.S. and European approaches to data privacy?
  • How is reporting affected by the right to be forgotten?
  • Royal weddings and more:  Has anything really changed in the UK – and elsewhere – on defamation?
  • To what extent will U.S. companies be subject to the jurisdiction of European data protection authorities?
  • Is data localization a meaningful impediment to global business?  
  • Internet and the resurgence of populism and totalitarianism:  How successful are governmental efforts at blocking access to “offending” websites?

(IAPP Privacy credit for Privacy Professionals)

Speaker: Mark Stephens 

Panel: Peter C. Canfield, Anya Proops QC, Hugh Tomlinson

Moderator: Jeffrey P. Cunard



5:15 Adjourn

Co-Chair(s)
Jeffrey P. Cunard ~ Debevoise & Plimpton LLP
Jeremy Feigelson ~ Debevoise & Plimpton LLP
Lee Levine ~ Ballard Spahr LLP
Speaker(s)
Floyd Abrams ~ Cahill Gordon & Reindel LLP
Stephanie S. Abrutyn ~ Senior Vice President & Chief Counsel, Litigation, Home Box Office, Inc.
Kevin T. Baine ~ Williams & Connolly LLP
Justin Brookman ~ Director, Consumer Privacy and Technology Policy, Consumers Union
Peter C. Canfield ~ Partner, Jones Day
Patrick J. Carome ~ WilmerHale
Devereux Chatillon ~ Chatillon Weiss LLP
Rick Chessen ~ Senior Vice President, Law & Regulatory Policy, National Cable & Telecommunications Association
Tom Clare ~ Clare Locke LLP
Dale M. Cohen ~ Director, Documentary FIlm Legal Clinic, UCLA School of Law; Senior Counsel for Frontline, WGBH
Jacqueline Connor ~ Bureau of Consumer Protection, Federal Trade Commission
Jason P. Conti ~ General Counsel and Chief Compliance Officer , Dow Jones & Company, Inc
Lucy A. Dalglish ~ Dean, Philip Merrill College of Journalism, University of Maryland
Alfredo Della Monica ~ Vice President & Senior Counsel - U.S. Privacy, General Counsel Organization, American Express
Jonathan R. Donnellan ~ Vice President and Co-General Counsel, Hearst Corporation
George Freeman ~ Executive Director, Media Law Resource Center
Sue Friedberg ~ Buchanan Ingersoll & Rooney PC
Rachel E. Fugate ~ Shullman Fugate PLLC
Jeffrey Glasser ~ Vice President, Legal, Los Angeles Times
Joseph C. Gratz ~ Durie Tangri LLP
Bruce E. H. Johnson ~ Davis Wright Tremaine LLP
RonNell Andersen Jones ~ Lee E. Teitelbaum Endowed Chair and Professor of Law, S.J. Quinney College of Law, University of Utah
Karen Kaiser ~ Senior Vice President, General Counsel, and Corporate Secretary, The Associated Press
Rick Kaplan ~ General Counsel and Executive Vice President, Legal and Regulatory Affairs, National Association of Broadcasters
Bruce P. Keller ~ Assistant U.S. Attorney, Special Counsel to the U.S. Attorney, District of New Jersey, United States Attorney's Office
Kathleen A. Kirby ~ Wiley Rein LLP
Jane E. Kirtley ~ Silha Professor of Media Ethics and Law, University of Minnesota
Thomas S. Leatherbury ~ Vinson & Elkins LLP
Adam Liptak ~ Supreme Court Correspondent, The New York Times
David E. McCraw ~ Vice President and Deputy General Counsel, The New York Times Company
James A. McLaughlin ~ Deputy General Counsel, Director of Government Affairs, The Washington Post
Leonard Niehoff ~ Honigman Miller Schwartz & Cohn, Professor, The University of Michigan Law School
Lynn B. Oberlander ~ Executive Vice President and General Counsel, Gizmodo Media Group, LLC
Mary-Rose Papandrea ~ Associate Dean for Academic Affairs and Professor of Law, University of North Carolina School of Law
Jennifer L. Pariser ~ Vice President, Copyright & Legal Affairs, Motion Picture Association of America
Jennifer E. Rothman ~ Professor of Law, Joseph Scott Fellow, Loyola Law School, Loyola Marymount University
Kelli L. Sager ~ Davis Wright Tremaine LLP
Ari J. Scharg ~ Edelson
David A. Schulz ~ Ballard Spahr LLP
Paul M. Smith ~ Vice President, Litigation and Strategy, Campaign Legal Center; Visiting Professor , Georgetown University Law School
Sherrese M. Smith ~ Paul Hastings LLP
Gigi B. Sohn ~ Distinguished Fellow, Georgetown Law Institute for Technology Law and Policy, Open Society Foundations
Mark Stephens, CBE ~ Howard Kennedy LLP
Eva E. Subotnik ~ Associate Professor of Law, Co-Director, Intellectual Property Law Center, St. John's University School of Law
Kathleen M. Sullivan ~ Quinn Emanuel Urquhart & Sullivan, LLP
Hugh Tomlinson ~ Matrix Chambers
Katie Townsend ~ Legal Director, Reporters Committee for Freedom of the Press
Barbara W. Wall ~ Senior Vice President and Chief Legal Officer, Gannett Co., Inc.
Susan Weiner ~ General Counsel, NBCUniversal News Group, Executive Vice President, NBCUniversal
Jack M. Weiss ~ Liskow & Lewis
Pauline Wen ~ Senior Vice President and Chief Privacy Counsel, 21st Century Fox, Inc.
Program Attorney(s)
Seema Lal Meehan ~ Director, Special Projects and Senior Program Attorney , Practising Law Institute
Boston Groupcast Location

Massachusetts CLE, 10 Winter Place, Boston, Massachusetts 02100. (617) 350-7006.

Why You Should Attend

Media and communications law must respond to new challenges, including those arising from digital and social media. The areas of First Amendment, defamation, privacy, intellectual property, newsgathering, right of publicity, and reporter’s privilege law are rapidly changing. The expert faculty of law firm practitioners, in-house counsel, government officials, and academics will address these issues. Unlike any other program, Communications Law in the Digital Age 2018 is a comprehensive, “one-stop shop,” providing the legal, strategic, and practical knowledge needed to keep apace with these areas of law.

Topics Include

  • The FCC’s approach to deregulation of the communications sector
  • New First Amendment developments
  • Domestic legislative, judicial, and regulatory developments on data protection and privacy
  • Updates on reporter’s privilege and newsgathering liability
  • Important recent intellectual property decisions affecting the media
  • Current issues in right of publicity law
  • Recent developments in Section 230, commercial speech, and anti-SLAPP law
  • International media law updates
  • Earn one hour of Ethics credit

Who Should Attend

This program is designed for firm attorneys, in-house counsel, and other professionals who practice in the fields of media and telecommunications, corporate compliance, privacy, and First Amendment law.


PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Day One: 8:45 a.m. - 5:15 p.m.

8:45 Opening Remarks

Jeffrey P. Cunard, Jeremy Feigelson, Lee Levine



9:00 Electronic Media Regulation
  • Politics: What has been the Trump administration’s influence on media regulation and do the midterm elections change anything?
  • Mergers and media ownership: In the wake of AT&T-Time Warner and other mega-deals, what is the FCC’s role?
  • Has the FCC’s media modernization initiative done anything to make traditional media companies more competitive?
  • Might net neutrality rules ever be revived?
  • The repack and a next generation transmission standard: What’s next for broadcast television?
  • How will the FCC’s ongoing efforts to identify and open up spectrum for new technologies impact the media landscape?

Speaker: Kathleen A. Kirby 

Moderator: Jeffrey P. Cunard

Panel: Rick Chessen, Rick Kaplan, Sherrese M. Smith, Gigi B. Sohn



10:15 Networking Break

10:30 First Amendment Jurisprudence
  • How did the First Amendment fare in Masterpiece Cakeshop?
  • What do we know about “what not to wear” at polling places?
  • Does the First Amendment right not to be blocked on Twitter extend beyond @realDonaldTrump?
  • Assessing Justice Kennedy’s legacy: What will his departure mean for the First Amendment?
  • Did Janus “weaponize” the First Amendment in the cause of economic deregulation?  
  • What can the government require health care providers to tell their patients?

Speaker: Paul M. Smith 

Moderator:  Lee Levine

Panel: Floyd Abrams, RonNell Andersen Jones, Adam Liptak, Kathleen M. Sullivan



11:45 Lunch

1:45 Intellectual Property Law Updates for Media Lawyers
  • Embedding links:  Did Goldman v. Breitbart err in rejecting the Ninth Circuit’s server test?
  • Revisiting transformation:  Can Google Books and TVEyes be reconciled?
  • Is the Federal Circuit’s fair use decision in Oracle v. Google a blow to innovation?
  • Thirteen strikes and you’re out:  Is the DMCA safe harbor working?
  • Did Disney misuse Redbox?
  • Digital first sale, again:  Will ReDigi go to the Supreme Court?

Speaker: Bruce P. Keller­

Moderator: Jeffrey P. Cunard

Panel: Devereux Chatillon, Joseph C. Gratz, Jennifer L. Pariser, Eva E. Subotnik



3:00 Networking Break

3:15 Access
  • Who's that juror—Is juror anonymity the new normal in high-profile cases?
  • The Glomar doctrine is spreading, will it become a cancer on FOIA?
  • Jurisdiction, standing, and ripeness: Are courts creating new roadblocks for public access to government information?
  • From Scott Pruitt's calendar to White House visitor logs: How are FOIA requests faring under the Trump Administration?
  • What are the latest efforts to increase public access to secret court dockets in government surveillance matters?
  • What information is the public entitled to know about cops and how do they get it?

Speaker: Katie Townsend

Moderator: Lee Levine

Panel: David E. McCraw, James A. McLaughlin, David A. Schulz



4:15 Right of Publicity and Related Claims
  • Will the First Amendment protect docudramas after de Havilland v. FX Networks?
  • Digital replicas, postmortem rights and more: Are the state legislatures turning a privacy right into a property right?
  • Victory for video games in Lohan/Gravano: What next for the medium under right of publicity laws?
  • How vulnerable are social media sites to the new wave of right of publicity class actions?

Speaker: Jennifer Rothman 

Moderator: Jeremy Feigelson

Panel: Stephanie S. Abrutyn, Kelli L. Sager, Ari J. Scharg



5:15 Adjourn

Day Two: 8:45 a.m. - 5:15 p.m.

8:45 Defamation and Related Claims 
  • How will Judge Rakoff’s evidentiary hearing fare on appeal in Palin?
  • What do the “Dossier” cases tell us about the scope of the fair report privilege?
  • Has the Texas Supreme Court recalibrated “libel by implication” in Tatum?
  • Has the First Circuit sounded the death knell for injunctions in defamation cases?
  • What is the legal significance of hyperlinking for republication, the fair report privilege, and other context-driven doctrines?
  • How have the Rolling Stone cases affected reporting on the #MeToo movement?  And what is the likely impact of public denial lawsuits by those painted as “liars” when their accusations are denied?

Speaker: Jonathan R. Donnellan

Moderator: Lee Levine

Panel: Kevin T. Baine, Tom Clare, Barbara W. Wall, Susan Weiner



10:00 Networking Break

10:15 Reporter’s Privilege and Anonymous Speech
  • What does the First Amendment have to say about border searches of journalists?
  • Did the DOJ phone records subpoenas violate the guidelines?
  • What threats do ongoing leak investigations pose for reporters?
  • Does the Supreme Court’s decision in Carpenter have ramifications for source protection?
  • What do the Glassdoor decisions mean for the rights of anonymous speakers?
  • Where will the states go in applying the privilege after Kalven and Robles

Speaker: Karen Kaiser 

Moderator: Lee Levine

Panel: Jason P. Conti, George Freeman, Mary-Rose Papandrea



11:15 Hot Topics in Communications Law: Section 230, Commercial Speech, and Anti-SLAPP Law
  • Are reviews now safely protected after Yelp?
  • Is it full speed ahead for tort plaintiffs after Snapchat?
  • Are the terrorism cases in the rearview after Fields v. Twitter?
  • After losses in NIFLA v. Becerra and CTIAv. Berkeley, will the Ninth Circuit rein in its expansive application of Zauderer?
  • Does Google have a First Amendment right to refuse ads that promise a “divine cure for cancer”?
  • Are the days of applying anti-SLAPP statues in federal court numbered?  

Moderator: Jeremy Feigelson

Speakers: Patrick J. Carome, Bruce E.H. Johnson, Jack M. Weiss



12:15 Lunch (Please note that lunch will be provided)

12:45 Legal Ethics for Media Lawyers: Current Issues
  • Are there any ethical constraints (left) on trying a case in the media?
  • When can a lawyer disclose confidential information that has become "generally known”?
  • What are the ethical responsibilities of lawyers who travel internationally and whose electronic devices may be subject to search at borders?
  • What are the confidentiality obligations of lawyers who blog and tweet?  
  • When does the lawyer have a duty to inform a client--or a former client--of a mistake in the representation?  

Moderator: Leonard Niehoff 

Panel: Lucy Dalglish, Sue Friedberg, Jeffrey Glasser



1:45 Newsgathering and Privacy Liability
  • Does DNC v. Wikileaks foreshadow the end of Bartnicki?
  • Has the 9th Circuit ended the debate over AgGag?
  • What’s the significance of Chelsea Manning’s failed First Amendment defense on appeal?
  • How are the courts looking at surreptitious surveillance?
  • What, if anything, does Carpenter mean for the intrusion tort and newsgathering liability?
  • Can an Espionage Act case against Julian Assange be squared with the First Amendment?

(IAPP Privacy credit for Privacy Professionals)

Speaker: Thomas S. Leatherbury

Moderator: Lee Levine

Panel: Dale M. Cohen, Rachel E. Fugate, Lynn B. Oberlander



2:45 Privacy and Data Protection
  • The big new California privacy law: Will an opt-out right now become the national standard?
  • GDPR, six months in and counting:  What is the impact on US companies, free speech, and the media?
  • Does the LabMD decision herald a new era of less aggressive data security enforcement by the FTC?
  • CLOUD-y with a chance of warrants: What does the new U.S. CLOUD Act mean for protecting customer data stored overseas?
  • After Carpenter v. US, does cellphone data finally enjoy clear privacy protection?
  • TCPA and robocalls -- Is the law definitively narrowing in defendants’ favor, and two years after Spokeo, who has standing to sue?

(IAPP Privacy credit for Privacy Professionals)

Speaker: Jane E. Kirtley      

Moderator: Jeremy Feigelson

Panel: Justin Brookman, Jacqueline Connor, Alfredo Della Monica, Pauline Wen



4:00 Networking Break

4:15 Hot Topics in International Media Law
  • Privacy and regulation in a post-GDPR world:  What are the real-world differences between the U.S. and European approaches to data privacy?
  • How is reporting affected by the right to be forgotten?
  • Royal weddings and more:  Has anything really changed in the UK – and elsewhere – on defamation?
  • To what extent will U.S. companies be subject to the jurisdiction of European data protection authorities?
  • Is data localization a meaningful impediment to global business?  
  • Internet and the resurgence of populism and totalitarianism:  How successful are governmental efforts at blocking access to “offending” websites?

(IAPP Privacy credit for Privacy Professionals)

Speaker: Mark Stephens 

Panel: Peter C. Canfield, Anya Proops QC, Hugh Tomlinson

Moderator: Jeffrey P. Cunard



5:15 Adjourn

Co-Chair(s)
Jeffrey P. Cunard ~ Debevoise & Plimpton LLP
Jeremy Feigelson ~ Debevoise & Plimpton LLP
Lee Levine ~ Ballard Spahr LLP
Speaker(s)
Floyd Abrams ~ Cahill Gordon & Reindel LLP
Stephanie S. Abrutyn ~ Senior Vice President & Chief Counsel, Litigation, Home Box Office, Inc.
Kevin T. Baine ~ Williams & Connolly LLP
Justin Brookman ~ Director, Consumer Privacy and Technology Policy, Consumers Union
Peter C. Canfield ~ Partner, Jones Day
Patrick J. Carome ~ WilmerHale
Devereux Chatillon ~ Chatillon Weiss LLP
Rick Chessen ~ Senior Vice President, Law & Regulatory Policy, National Cable & Telecommunications Association
Tom Clare ~ Clare Locke LLP
Dale M. Cohen ~ Director, Documentary FIlm Legal Clinic, UCLA School of Law; Senior Counsel for Frontline, WGBH
Jacqueline Connor ~ Bureau of Consumer Protection, Federal Trade Commission
Jason P. Conti ~ General Counsel and Chief Compliance Officer , Dow Jones & Company, Inc
Lucy A. Dalglish ~ Dean, Philip Merrill College of Journalism, University of Maryland
Alfredo Della Monica ~ Vice President & Senior Counsel - U.S. Privacy, General Counsel Organization, American Express
Jonathan R. Donnellan ~ Vice President and Co-General Counsel, Hearst Corporation
George Freeman ~ Executive Director, Media Law Resource Center
Sue Friedberg ~ Buchanan Ingersoll & Rooney PC
Rachel E. Fugate ~ Shullman Fugate PLLC
Jeffrey Glasser ~ Vice President, Legal, Los Angeles Times
Joseph C. Gratz ~ Durie Tangri LLP
Bruce E. H. Johnson ~ Davis Wright Tremaine LLP
RonNell Andersen Jones ~ Lee E. Teitelbaum Endowed Chair and Professor of Law, S.J. Quinney College of Law, University of Utah
Karen Kaiser ~ Senior Vice President, General Counsel, and Corporate Secretary, The Associated Press
Rick Kaplan ~ General Counsel and Executive Vice President, Legal and Regulatory Affairs, National Association of Broadcasters
Bruce P. Keller ~ Assistant U.S. Attorney, Special Counsel to the U.S. Attorney, District of New Jersey, United States Attorney's Office
Kathleen A. Kirby ~ Wiley Rein LLP
Jane E. Kirtley ~ Silha Professor of Media Ethics and Law, University of Minnesota
Thomas S. Leatherbury ~ Vinson & Elkins LLP
Adam Liptak ~ Supreme Court Correspondent, The New York Times
David E. McCraw ~ Vice President and Deputy General Counsel, The New York Times Company
James A. McLaughlin ~ Deputy General Counsel, Director of Government Affairs, The Washington Post
Leonard Niehoff ~ Honigman Miller Schwartz & Cohn, Professor, The University of Michigan Law School
Lynn B. Oberlander ~ Executive Vice President and General Counsel, Gizmodo Media Group, LLC
Mary-Rose Papandrea ~ Associate Dean for Academic Affairs and Professor of Law, University of North Carolina School of Law
Jennifer L. Pariser ~ Vice President, Copyright & Legal Affairs, Motion Picture Association of America
Jennifer E. Rothman ~ Professor of Law, Joseph Scott Fellow, Loyola Law School, Loyola Marymount University
Kelli L. Sager ~ Davis Wright Tremaine LLP
Ari J. Scharg ~ Edelson
David A. Schulz ~ Ballard Spahr LLP
Paul M. Smith ~ Vice President, Litigation and Strategy, Campaign Legal Center; Visiting Professor , Georgetown University Law School
Sherrese M. Smith ~ Paul Hastings LLP
Gigi B. Sohn ~ Distinguished Fellow, Georgetown Law Institute for Technology Law and Policy, Open Society Foundations
Mark Stephens, CBE ~ Howard Kennedy LLP
Eva E. Subotnik ~ Associate Professor of Law, Co-Director, Intellectual Property Law Center, St. John's University School of Law
Kathleen M. Sullivan ~ Quinn Emanuel Urquhart & Sullivan, LLP
Hugh Tomlinson ~ Matrix Chambers
Katie Townsend ~ Legal Director, Reporters Committee for Freedom of the Press
Barbara W. Wall ~ Senior Vice President and Chief Legal Officer, Gannett Co., Inc.
Susan Weiner ~ General Counsel, NBCUniversal News Group, Executive Vice President, NBCUniversal
Jack M. Weiss ~ Liskow & Lewis
Pauline Wen ~ Senior Vice President and Chief Privacy Counsel, 21st Century Fox, Inc.
Program Attorney(s)
Seema Lal Meehan ~ Director, Special Projects and Senior Program Attorney , Practising Law Institute
Ice Miller LLP, One American Square, Suite 2900, Indianapolis, IN 46282

Why You Should Attend

Media and communications law must respond to new challenges, including those arising from digital and social media. The areas of First Amendment, defamation, privacy, intellectual property, newsgathering, right of publicity, and reporter’s privilege law are rapidly changing. The expert faculty of law firm practitioners, in-house counsel, government officials, and academics will address these issues. Unlike any other program, Communications Law in the Digital Age 2018 is a comprehensive, “one-stop shop,” providing the legal, strategic, and practical knowledge needed to keep apace with these areas of law.

Topics Include

  • The FCC’s approach to deregulation of the communications sector
  • New First Amendment developments
  • Domestic legislative, judicial, and regulatory developments on data protection and privacy
  • Updates on reporter’s privilege and newsgathering liability
  • Important recent intellectual property decisions affecting the media
  • Current issues in right of publicity law
  • Recent developments in Section 230, commercial speech, and anti-SLAPP law
  • International media law updates
  • Earn one hour of Ethics credit

Who Should Attend

This program is designed for firm attorneys, in-house counsel, and other professionals who practice in the fields of media and telecommunications, corporate compliance, privacy, and First Amendment law.


PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Day One: 7:45 a.m. - 4:15 p.m.

7:45 Opening Remarks

Jeffrey P. Cunard, Jeremy Feigelson, Lee Levine



8:00 Electronic Media Regulation
  • Politics: What has been the Trump administration’s influence on media regulation and do the midterm elections change anything?
  • Mergers and media ownership: In the wake of AT&T-Time Warner and other mega-deals, what is the FCC’s role?
  • Has the FCC’s media modernization initiative done anything to make traditional media companies more competitive?
  • Might net neutrality rules ever be revived?
  • The repack and a next generation transmission standard: What’s next for broadcast television?
  • How will the FCC’s ongoing efforts to identify and open up spectrum for new technologies impact the media landscape?

Speaker: Kathleen A. Kirby 

Moderator: Jeffrey P. Cunard

Panel: Rick Chessen, Rick Kaplan, Sherrese M. Smith, Gigi B. Sohn



9:15 Networking Break

9:30 First Amendment Jurisprudence
  • How did the First Amendment fare in Masterpiece Cakeshop?
  • What do we know about “what not to wear” at polling places?
  • Does the First Amendment right not to be blocked on Twitter extend beyond @realDonaldTrump?
  • Assessing Justice Kennedy’s legacy: What will his departure mean for the First Amendment?
  • Did Janus “weaponize” the First Amendment in the cause of economic deregulation?  
  • What can the government require health care providers to tell their patients?

Speaker: Paul M. Smith 

Moderator:  Lee Levine

Panel: Floyd Abrams, RonNell Andersen Jones, Adam Liptak, Kathleen M. Sullivan



10:45 Lunch

12:45 Intellectual Property Law Updates for Media Lawyers
  • Embedding links:  Did Goldman v. Breitbart err in rejecting the Ninth Circuit’s server test?
  • Revisiting transformation:  Can Google Books and TVEyes be reconciled?
  • Is the Federal Circuit’s fair use decision in Oracle v. Google a blow to innovation?
  • Thirteen strikes and you’re out:  Is the DMCA safe harbor working?
  • Did Disney misuse Redbox?
  • Digital first sale, again:  Will ReDigi go to the Supreme Court?

Speaker: Bruce P. Keller­

Moderator: Jeffrey P. Cunard

Panel: Devereux Chatillon, Joseph C. Gratz, Jennifer L. Pariser, Eva E. Subotnik



2:00 Networking Break

2:15 Access
  • Who's that juror—Is juror anonymity the new normal in high-profile cases?
  • The Glomar doctrine is spreading, will it become a cancer on FOIA?
  • Jurisdiction, standing, and ripeness: Are courts creating new roadblocks for public access to government information?
  • From Scott Pruitt's calendar to White House visitor logs: How are FOIA requests faring under the Trump Administration?
  • What are the latest efforts to increase public access to secret court dockets in government surveillance matters?
  • What information is the public entitled to know about cops and how do they get it?

Speaker: Katie Townsend

Moderator: Lee Levine

Panel: David E. McCraw, James A. McLaughlin, David A. Schulz



3:15 Right of Publicity and Related Claims
  • Will the First Amendment protect docudramas after de Havilland v. FX Networks?
  • Digital replicas, postmortem rights and more: Are the state legislatures turning a privacy right into a property right?
  • Victory for video games in Lohan/Gravano: What next for the medium under right of publicity laws?
  • How vulnerable are social media sites to the new wave of right of publicity class actions?

Speaker: Jennifer Rothman 

Moderator: Jeremy Feigelson

Panel: Stephanie S. Abrutyn, Kelli L. Sager, Ari J. Scharg



4:15 Adjourn

Day Two: 7:45 a.m. - 4:15 p.m.

7:45 Defamation and Related Claims 
  • How will Judge Rakoff’s evidentiary hearing fare on appeal in Palin?
  • What do the “Dossier” cases tell us about the scope of the fair report privilege?
  • Has the Texas Supreme Court recalibrated “libel by implication” in Tatum?
  • Has the First Circuit sounded the death knell for injunctions in defamation cases?
  • What is the legal significance of hyperlinking for republication, the fair report privilege, and other context-driven doctrines?
  • How have the Rolling Stone cases affected reporting on the #MeToo movement?  And what is the likely impact of public denial lawsuits by those painted as “liars” when their accusations are denied?

Speaker: Jonathan R. Donnellan

Moderator: Lee Levine

Panel: Kevin T. Baine, Tom Clare, Barbara W. Wall, Susan Weiner



9:00 Networking Break

9:15 Reporter’s Privilege and Anonymous Speech
  • What does the First Amendment have to say about border searches of journalists?
  • Did the DOJ phone records subpoenas violate the guidelines?
  • What threats do ongoing leak investigations pose for reporters?
  • Does the Supreme Court’s decision in Carpenter have ramifications for source protection?
  • What do the Glassdoor decisions mean for the rights of anonymous speakers?
  • Where will the states go in applying the privilege after Kalven and Robles

Speaker: Karen Kaiser 

Moderator: Lee Levine

Panel: Jason P. Conti, George Freeman, Mary-Rose Papandrea



10:15 Hot Topics in Communications Law: Section 230, Commercial Speech, and Anti-SLAPP Law
  • Are reviews now safely protected after Yelp?
  • Is it full speed ahead for tort plaintiffs after Snapchat?
  • Are the terrorism cases in the rearview after Fields v. Twitter?
  • After losses in NIFLA v. Becerra and CTIAv. Berkeley, will the Ninth Circuit rein in its expansive application of Zauderer?
  • Does Google have a First Amendment right to refuse ads that promise a “divine cure for cancer”?
  • Are the days of applying anti-SLAPP statues in federal court numbered?  

Moderator: Jeremy Feigelson

Speakers: Patrick J. Carome, Bruce E.H. Johnson, Jack M. Weiss



11:15 Lunch (Please note that lunch will be provided)

11:45 Legal Ethics for Media Lawyers: Current Issues
  • Are there any ethical constraints (left) on trying a case in the media?
  • When can a lawyer disclose confidential information that has become "generally known”?
  • What are the ethical responsibilities of lawyers who travel internationally and whose electronic devices may be subject to search at borders?
  • What are the confidentiality obligations of lawyers who blog and tweet?  
  • When does the lawyer have a duty to inform a client--or a former client--of a mistake in the representation?  

Moderator: Leonard Niehoff 

Panel: Lucy Dalglish, Sue Friedberg, Jeffrey Glasser



12:45 Newsgathering and Privacy Liability
  • Does DNC v. Wikileaks foreshadow the end of Bartnicki?
  • Has the 9th Circuit ended the debate over AgGag?
  • What’s the significance of Chelsea Manning’s failed First Amendment defense on appeal?
  • How are the courts looking at surreptitious surveillance?
  • What, if anything, does Carpenter mean for the intrusion tort and newsgathering liability?
  • Can an Espionage Act case against Julian Assange be squared with the First Amendment?

(IAPP Privacy credit for Privacy Professionals)

Speaker: Thomas S. Leatherbury

Moderator: Lee Levine

Panel: Dale M. Cohen, Rachel E. Fugate, Lynn B. Oberlander



1:45 Privacy and Data Protection
  • The big new California privacy law: Will an opt-out right now become the national standard?
  • GDPR, six months in and counting:  What is the impact on US companies, free speech, and the media?
  • Does the LabMD decision herald a new era of less aggressive data security enforcement by the FTC?
  • CLOUD-y with a chance of warrants: What does the new U.S. CLOUD Act mean for protecting customer data stored overseas?
  • After Carpenter v. US, does cellphone data finally enjoy clear privacy protection?
  • TCPA and robocalls -- Is the law definitively narrowing in defendants’ favor, and two years after Spokeo, who has standing to sue?

(IAPP Privacy credit for Privacy Professionals)

Speaker: Jane E. Kirtley      

Moderator: Jeremy Feigelson

Panel: Justin Brookman, Jacqueline Connor, Alfredo Della Monica, Pauline Wen



3:00 Networking Break

3:15 Hot Topics in International Media Law
  • Privacy and regulation in a post-GDPR world:  What are the real-world differences between the U.S. and European approaches to data privacy?
  • How is reporting affected by the right to be forgotten?
  • Royal weddings and more:  Has anything really changed in the UK – and elsewhere – on defamation?
  • To what extent will U.S. companies be subject to the jurisdiction of European data protection authorities?
  • Is data localization a meaningful impediment to global business?  
  • Internet and the resurgence of populism and totalitarianism:  How successful are governmental efforts at blocking access to “offending” websites?

(IAPP Privacy credit for Privacy Professionals)

Speaker: Mark Stephens 

Panel: Peter C. Canfield, Anya Proops QC, Hugh Tomlinson

Moderator: Jeffrey P. Cunard



4:15 Adjourn

Co-Chair(s)
Jeffrey P. Cunard ~ Debevoise & Plimpton LLP
Jeremy Feigelson ~ Debevoise & Plimpton LLP
Lee Levine ~ Ballard Spahr LLP
Speaker(s)
Floyd Abrams ~ Cahill Gordon & Reindel LLP
Stephanie S. Abrutyn ~ Senior Vice President & Chief Counsel, Litigation, Home Box Office, Inc.
Kevin T. Baine ~ Williams & Connolly LLP
Justin Brookman ~ Director, Consumer Privacy and Technology Policy, Consumers Union
Peter C. Canfield ~ Partner, Jones Day
Patrick J. Carome ~ WilmerHale
Devereux Chatillon ~ Chatillon Weiss LLP
Rick Chessen ~ Senior Vice President, Law & Regulatory Policy, National Cable & Telecommunications Association
Tom Clare ~ Clare Locke LLP
Dale M. Cohen ~ Director, Documentary FIlm Legal Clinic, UCLA School of Law; Senior Counsel for Frontline, WGBH
Jacqueline Connor ~ Bureau of Consumer Protection, Federal Trade Commission
Jason P. Conti ~ General Counsel and Chief Compliance Officer , Dow Jones & Company, Inc
Lucy A. Dalglish ~ Dean, Philip Merrill College of Journalism, University of Maryland
Alfredo Della Monica ~ Vice President & Senior Counsel - U.S. Privacy, General Counsel Organization, American Express
Jonathan R. Donnellan ~ Vice President and Co-General Counsel, Hearst Corporation
George Freeman ~ Executive Director, Media Law Resource Center
Sue Friedberg ~ Buchanan Ingersoll & Rooney PC
Rachel E. Fugate ~ Shullman Fugate PLLC
Jeffrey Glasser ~ Vice President, Legal, Los Angeles Times
Joseph C. Gratz ~ Durie Tangri LLP
Bruce E. H. Johnson ~ Davis Wright Tremaine LLP
RonNell Andersen Jones ~ Lee E. Teitelbaum Endowed Chair and Professor of Law, S.J. Quinney College of Law, University of Utah
Karen Kaiser ~ Senior Vice President, General Counsel, and Corporate Secretary, The Associated Press
Rick Kaplan ~ General Counsel and Executive Vice President, Legal and Regulatory Affairs, National Association of Broadcasters
Bruce P. Keller ~ Assistant U.S. Attorney, Special Counsel to the U.S. Attorney, District of New Jersey, United States Attorney's Office
Kathleen A. Kirby ~ Wiley Rein LLP
Jane E. Kirtley ~ Silha Professor of Media Ethics and Law, University of Minnesota
Thomas S. Leatherbury ~ Vinson & Elkins LLP
Adam Liptak ~ Supreme Court Correspondent, The New York Times
David E. McCraw ~ Vice President and Deputy General Counsel, The New York Times Company
James A. McLaughlin ~ Deputy General Counsel, Director of Government Affairs, The Washington Post
Leonard Niehoff ~ Honigman Miller Schwartz & Cohn, Professor, The University of Michigan Law School
Lynn B. Oberlander ~ Executive Vice President and General Counsel, Gizmodo Media Group, LLC
Mary-Rose Papandrea ~ Associate Dean for Academic Affairs and Professor of Law, University of North Carolina School of Law
Jennifer L. Pariser ~ Vice President, Copyright & Legal Affairs, Motion Picture Association of America
Jennifer E. Rothman ~ Professor of Law, Joseph Scott Fellow, Loyola Law School, Loyola Marymount University
Kelli L. Sager ~ Davis Wright Tremaine LLP
Ari J. Scharg ~ Edelson
David A. Schulz ~ Ballard Spahr LLP
Paul M. Smith ~ Vice President, Litigation and Strategy, Campaign Legal Center; Visiting Professor , Georgetown University Law School
Sherrese M. Smith ~ Paul Hastings LLP
Gigi B. Sohn ~ Distinguished Fellow, Georgetown Law Institute for Technology Law and Policy, Open Society Foundations
Mark Stephens, CBE ~ Howard Kennedy LLP
Eva E. Subotnik ~ Associate Professor of Law, Co-Director, Intellectual Property Law Center, St. John's University School of Law
Kathleen M. Sullivan ~ Quinn Emanuel Urquhart & Sullivan, LLP
Hugh Tomlinson ~ Matrix Chambers
Katie Townsend ~ Legal Director, Reporters Committee for Freedom of the Press
Barbara W. Wall ~ Senior Vice President and Chief Legal Officer, Gannett Co., Inc.
Susan Weiner ~ General Counsel, NBCUniversal News Group, Executive Vice President, NBCUniversal
Jack M. Weiss ~ Liskow & Lewis
Pauline Wen ~ Senior Vice President and Chief Privacy Counsel, 21st Century Fox, Inc.
Program Attorney(s)
Seema Lal Meehan ~ Director, Special Projects and Senior Program Attorney , Practising Law Institute
Nashville Groupcast Location

The Nashville Bar Association, 150 4th Avenue, North, Suite #1050, Nashville, TN 37219. (615) 242-9272.

Why You Should Attend

Media and communications law must respond to new challenges, including those arising from digital and social media. The areas of First Amendment, defamation, privacy, intellectual property, newsgathering, right of publicity, and reporter’s privilege law are rapidly changing. The expert faculty of law firm practitioners, in-house counsel, government officials, and academics will address these issues. Unlike any other program, Communications Law in the Digital Age 2018 is a comprehensive, “one-stop shop,” providing the legal, strategic, and practical knowledge needed to keep apace with these areas of law.

Topics Include

  • The FCC’s approach to deregulation of the communications sector
  • New First Amendment developments
  • Domestic legislative, judicial, and regulatory developments on data protection and privacy
  • Updates on reporter’s privilege and newsgathering liability
  • Important recent intellectual property decisions affecting the media
  • Current issues in right of publicity law
  • Recent developments in Section 230, commercial speech, and anti-SLAPP law
  • International media law updates
  • Earn one hour of Ethics credit

Who Should Attend

This program is designed for firm attorneys, in-house counsel, and other professionals who practice in the fields of media and telecommunications, corporate compliance, privacy, and First Amendment law.


PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Day One: 8:45 a.m. - 5:15 p.m.

8:45 Opening Remarks

Jeffrey P. Cunard, Jeremy Feigelson, Lee Levine



9:00 Electronic Media Regulation
  • Politics: What has been the Trump administration’s influence on media regulation and do the midterm elections change anything?
  • Mergers and media ownership: In the wake of AT&T-Time Warner and other mega-deals, what is the FCC’s role?
  • Has the FCC’s media modernization initiative done anything to make traditional media companies more competitive?
  • Might net neutrality rules ever be revived?
  • The repack and a next generation transmission standard: What’s next for broadcast television?
  • How will the FCC’s ongoing efforts to identify and open up spectrum for new technologies impact the media landscape?

Speaker: Kathleen A. Kirby 

Moderator: Jeffrey P. Cunard

Panel: Rick Chessen, Rick Kaplan, Sherrese M. Smith, Gigi B. Sohn



10:15 Networking Break

10:30 First Amendment Jurisprudence
  • How did the First Amendment fare in Masterpiece Cakeshop?
  • What do we know about “what not to wear” at polling places?
  • Does the First Amendment right not to be blocked on Twitter extend beyond @realDonaldTrump?
  • Assessing Justice Kennedy’s legacy: What will his departure mean for the First Amendment?
  • Did Janus “weaponize” the First Amendment in the cause of economic deregulation?  
  • What can the government require health care providers to tell their patients?

Speaker: Paul M. Smith 

Moderator:  Lee Levine

Panel: Floyd Abrams, RonNell Andersen Jones, Adam Liptak, Kathleen M. Sullivan



11:45 Lunch

1:45 Intellectual Property Law Updates for Media Lawyers
  • Embedding links:  Did Goldman v. Breitbart err in rejecting the Ninth Circuit’s server test?
  • Revisiting transformation:  Can Google Books and TVEyes be reconciled?
  • Is the Federal Circuit’s fair use decision in Oracle v. Google a blow to innovation?
  • Thirteen strikes and you’re out:  Is the DMCA safe harbor working?
  • Did Disney misuse Redbox?
  • Digital first sale, again:  Will ReDigi go to the Supreme Court?

Speaker: Bruce P. Keller­

Moderator: Jeffrey P. Cunard

Panel: Devereux Chatillon, Joseph C. Gratz, Jennifer L. Pariser, Eva E. Subotnik



3:00 Networking Break

3:15 Access
  • Who's that juror—Is juror anonymity the new normal in high-profile cases?
  • The Glomar doctrine is spreading, will it become a cancer on FOIA?
  • Jurisdiction, standing, and ripeness: Are courts creating new roadblocks for public access to government information?
  • From Scott Pruitt's calendar to White House visitor logs: How are FOIA requests faring under the Trump Administration?
  • What are the latest efforts to increase public access to secret court dockets in government surveillance matters?
  • What information is the public entitled to know about cops and how do they get it?

Speaker: Katie Townsend

Moderator: Lee Levine

Panel: David E. McCraw, James A. McLaughlin, David A. Schulz



4:15 Right of Publicity and Related Claims
  • Will the First Amendment protect docudramas after de Havilland v. FX Networks?
  • Digital replicas, postmortem rights and more: Are the state legislatures turning a privacy right into a property right?
  • Victory for video games in Lohan/Gravano: What next for the medium under right of publicity laws?
  • How vulnerable are social media sites to the new wave of right of publicity class actions?

Speaker: Jennifer Rothman 

Moderator: Jeremy Feigelson

Panel: Stephanie S. Abrutyn, Kelli L. Sager, Ari J. Scharg



5:15 Adjourn

Day Two: 8:45 a.m. - 5:15 p.m.

8:45 Defamation and Related Claims 
  • How will Judge Rakoff’s evidentiary hearing fare on appeal in Palin?
  • What do the “Dossier” cases tell us about the scope of the fair report privilege?
  • Has the Texas Supreme Court recalibrated “libel by implication” in Tatum?
  • Has the First Circuit sounded the death knell for injunctions in defamation cases?
  • What is the legal significance of hyperlinking for republication, the fair report privilege, and other context-driven doctrines?
  • How have the Rolling Stone cases affected reporting on the #MeToo movement?  And what is the likely impact of public denial lawsuits by those painted as “liars” when their accusations are denied?

Speaker: Jonathan R. Donnellan

Moderator: Lee Levine

Panel: Kevin T. Baine, Tom Clare, Barbara W. Wall, Susan Weiner



10:00 Networking Break

10:15 Reporter’s Privilege and Anonymous Speech
  • What does the First Amendment have to say about border searches of journalists?
  • Did the DOJ phone records subpoenas violate the guidelines?
  • What threats do ongoing leak investigations pose for reporters?
  • Does the Supreme Court’s decision in Carpenter have ramifications for source protection?
  • What do the Glassdoor decisions mean for the rights of anonymous speakers?
  • Where will the states go in applying the privilege after Kalven and Robles

Speaker: Karen Kaiser 

Moderator: Lee Levine

Panel: Jason P. Conti, George Freeman, Mary-Rose Papandrea



11:15 Hot Topics in Communications Law: Section 230, Commercial Speech, and Anti-SLAPP Law
  • Are reviews now safely protected after Yelp?
  • Is it full speed ahead for tort plaintiffs after Snapchat?
  • Are the terrorism cases in the rearview after Fields v. Twitter?
  • After losses in NIFLA v. Becerra and CTIAv. Berkeley, will the Ninth Circuit rein in its expansive application of Zauderer?
  • Does Google have a First Amendment right to refuse ads that promise a “divine cure for cancer”?
  • Are the days of applying anti-SLAPP statues in federal court numbered?  

Moderator: Jeremy Feigelson

Speakers: Patrick J. Carome, Bruce E.H. Johnson, Jack M. Weiss



12:15 Lunch (Please note that lunch will be provided)

12:45 Legal Ethics for Media Lawyers: Current Issues
  • Are there any ethical constraints (left) on trying a case in the media?
  • When can a lawyer disclose confidential information that has become "generally known”?
  • What are the ethical responsibilities of lawyers who travel internationally and whose electronic devices may be subject to search at borders?
  • What are the confidentiality obligations of lawyers who blog and tweet?  
  • When does the lawyer have a duty to inform a client--or a former client--of a mistake in the representation?  

Moderator: Leonard Niehoff 

Panel: Lucy Dalglish, Sue Friedberg, Jeffrey Glasser



1:45 Newsgathering and Privacy Liability
  • Does DNC v. Wikileaks foreshadow the end of Bartnicki?
  • Has the 9th Circuit ended the debate over AgGag?
  • What’s the significance of Chelsea Manning’s failed First Amendment defense on appeal?
  • How are the courts looking at surreptitious surveillance?
  • What, if anything, does Carpenter mean for the intrusion tort and newsgathering liability?
  • Can an Espionage Act case against Julian Assange be squared with the First Amendment?

(IAPP Privacy credit for Privacy Professionals)

Speaker: Thomas S. Leatherbury

Moderator: Lee Levine

Panel: Dale M. Cohen, Rachel E. Fugate, Lynn B. Oberlander



2:45 Privacy and Data Protection
  • The big new California privacy law: Will an opt-out right now become the national standard?
  • GDPR, six months in and counting:  What is the impact on US companies, free speech, and the media?
  • Does the LabMD decision herald a new era of less aggressive data security enforcement by the FTC?
  • CLOUD-y with a chance of warrants: What does the new U.S. CLOUD Act mean for protecting customer data stored overseas?
  • After Carpenter v. US, does cellphone data finally enjoy clear privacy protection?
  • TCPA and robocalls -- Is the law definitively narrowing in defendants’ favor, and two years after Spokeo, who has standing to sue?

(IAPP Privacy credit for Privacy Professionals)

Speaker: Jane E. Kirtley      

Moderator: Jeremy Feigelson

Panel: Justin Brookman, Jacqueline Connor, Alfredo Della Monica, Pauline Wen



4:00 Networking Break

4:15 Hot Topics in International Media Law
  • Privacy and regulation in a post-GDPR world:  What are the real-world differences between the U.S. and European approaches to data privacy?
  • How is reporting affected by the right to be forgotten?
  • Royal weddings and more:  Has anything really changed in the UK – and elsewhere – on defamation?
  • To what extent will U.S. companies be subject to the jurisdiction of European data protection authorities?
  • Is data localization a meaningful impediment to global business?  
  • Internet and the resurgence of populism and totalitarianism:  How successful are governmental efforts at blocking access to “offending” websites?

(IAPP Privacy credit for Privacy Professionals)

Speaker: Mark Stephens 

Panel: Peter C. Canfield, Anya Proops QC, Hugh Tomlinson

Moderator: Jeffrey P. Cunard



5:15 Adjourn

Co-Chair(s)
Jeffrey P. Cunard ~ Debevoise & Plimpton LLP
Jeremy Feigelson ~ Debevoise & Plimpton LLP
Lee Levine ~ Ballard Spahr LLP
Speaker(s)
Floyd Abrams ~ Cahill Gordon & Reindel LLP
Stephanie S. Abrutyn ~ Senior Vice President & Chief Counsel, Litigation, Home Box Office, Inc.
Kevin T. Baine ~ Williams & Connolly LLP
Justin Brookman ~ Director, Consumer Privacy and Technology Policy, Consumers Union
Peter C. Canfield ~ Partner, Jones Day
Patrick J. Carome ~ WilmerHale
Devereux Chatillon ~ Chatillon Weiss LLP
Rick Chessen ~ Senior Vice President, Law & Regulatory Policy, National Cable & Telecommunications Association
Tom Clare ~ Clare Locke LLP
Dale M. Cohen ~ Director, Documentary FIlm Legal Clinic, UCLA School of Law; Senior Counsel for Frontline, WGBH
Jacqueline Connor ~ Bureau of Consumer Protection, Federal Trade Commission
Jason P. Conti ~ General Counsel and Chief Compliance Officer , Dow Jones & Company, Inc
Lucy A. Dalglish ~ Dean, Philip Merrill College of Journalism, University of Maryland
Alfredo Della Monica ~ Vice President & Senior Counsel - U.S. Privacy, General Counsel Organization, American Express
Jonathan R. Donnellan ~ Vice President and Co-General Counsel, Hearst Corporation
George Freeman ~ Executive Director, Media Law Resource Center
Sue Friedberg ~ Buchanan Ingersoll & Rooney PC
Rachel E. Fugate ~ Shullman Fugate PLLC
Jeffrey Glasser ~ Vice President, Legal, Los Angeles Times
Joseph C. Gratz ~ Durie Tangri LLP
Bruce E. H. Johnson ~ Davis Wright Tremaine LLP
RonNell Andersen Jones ~ Lee E. Teitelbaum Endowed Chair and Professor of Law, S.J. Quinney College of Law, University of Utah
Karen Kaiser ~ Senior Vice President, General Counsel, and Corporate Secretary, The Associated Press
Rick Kaplan ~ General Counsel and Executive Vice President, Legal and Regulatory Affairs, National Association of Broadcasters
Bruce P. Keller ~ Assistant U.S. Attorney, Special Counsel to the U.S. Attorney, District of New Jersey, United States Attorney's Office
Kathleen A. Kirby ~ Wiley Rein LLP
Jane E. Kirtley ~ Silha Professor of Media Ethics and Law, University of Minnesota
Thomas S. Leatherbury ~ Vinson & Elkins LLP
Adam Liptak ~ Supreme Court Correspondent, The New York Times
David E. McCraw ~ Vice President and Deputy General Counsel, The New York Times Company
James A. McLaughlin ~ Deputy General Counsel, Director of Government Affairs, The Washington Post
Leonard Niehoff ~ Honigman Miller Schwartz & Cohn, Professor, The University of Michigan Law School
Lynn B. Oberlander ~ Executive Vice President and General Counsel, Gizmodo Media Group, LLC
Mary-Rose Papandrea ~ Associate Dean for Academic Affairs and Professor of Law, University of North Carolina School of Law
Jennifer L. Pariser ~ Vice President, Copyright & Legal Affairs, Motion Picture Association of America
Jennifer E. Rothman ~ Professor of Law, Joseph Scott Fellow, Loyola Law School, Loyola Marymount University
Kelli L. Sager ~ Davis Wright Tremaine LLP
Ari J. Scharg ~ Edelson
David A. Schulz ~ Ballard Spahr LLP
Paul M. Smith ~ Vice President, Litigation and Strategy, Campaign Legal Center; Visiting Professor , Georgetown University Law School
Sherrese M. Smith ~ Paul Hastings LLP
Gigi B. Sohn ~ Distinguished Fellow, Georgetown Law Institute for Technology Law and Policy, Open Society Foundations
Mark Stephens, CBE ~ Howard Kennedy LLP
Eva E. Subotnik ~ Associate Professor of Law, Co-Director, Intellectual Property Law Center, St. John's University School of Law
Kathleen M. Sullivan ~ Quinn Emanuel Urquhart & Sullivan, LLP
Hugh Tomlinson ~ Matrix Chambers
Katie Townsend ~ Legal Director, Reporters Committee for Freedom of the Press
Barbara W. Wall ~ Senior Vice President and Chief Legal Officer, Gannett Co., Inc.
Susan Weiner ~ General Counsel, NBCUniversal News Group, Executive Vice President, NBCUniversal
Jack M. Weiss ~ Liskow & Lewis
Pauline Wen ~ Senior Vice President and Chief Privacy Counsel, 21st Century Fox, Inc.
Program Attorney(s)
Seema Lal Meehan ~ Director, Special Projects and Senior Program Attorney , Practising Law Institute
Cleveland Groupcast Location

The Cleveland Metropolitan Bar Association, 1375 E. 9th Street – Floor 2, Cleveland, Ohio 44114. 216-696-2404.

Why You Should Attend

Media and communications law must respond to new challenges, including those arising from digital and social media. The areas of First Amendment, defamation, privacy, intellectual property, newsgathering, right of publicity, and reporter’s privilege law are rapidly changing. The expert faculty of law firm practitioners, in-house counsel, government officials, and academics will address these issues. Unlike any other program, Communications Law in the Digital Age 2018 is a comprehensive, “one-stop shop,” providing the legal, strategic, and practical knowledge needed to keep apace with these areas of law.

Topics Include

  • The FCC’s approach to deregulation of the communications sector
  • New First Amendment developments
  • Domestic legislative, judicial, and regulatory developments on data protection and privacy
  • Updates on reporter’s privilege and newsgathering liability
  • Important recent intellectual property decisions affecting the media
  • Current issues in right of publicity law
  • Recent developments in Section 230, commercial speech, and anti-SLAPP law
  • International media law updates
  • Earn one hour of Ethics credit

Who Should Attend

This program is designed for firm attorneys, in-house counsel, and other professionals who practice in the fields of media and telecommunications, corporate compliance, privacy, and First Amendment law.


PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Day One: 8:45 a.m. - 5:15 p.m.

8:45 Opening Remarks

Jeffrey P. Cunard, Jeremy Feigelson, Lee Levine



9:00 Electronic Media Regulation
  • Politics: What has been the Trump administration’s influence on media regulation and do the midterm elections change anything?
  • Mergers and media ownership: In the wake of AT&T-Time Warner and other mega-deals, what is the FCC’s role?
  • Has the FCC’s media modernization initiative done anything to make traditional media companies more competitive?
  • Might net neutrality rules ever be revived?
  • The repack and a next generation transmission standard: What’s next for broadcast television?
  • How will the FCC’s ongoing efforts to identify and open up spectrum for new technologies impact the media landscape?

Speaker: Kathleen A. Kirby 

Moderator: Jeffrey P. Cunard

Panel: Rick Chessen, Rick Kaplan, Sherrese M. Smith, Gigi B. Sohn



10:15 Networking Break

10:30 First Amendment Jurisprudence
  • How did the First Amendment fare in Masterpiece Cakeshop?
  • What do we know about “what not to wear” at polling places?
  • Does the First Amendment right not to be blocked on Twitter extend beyond @realDonaldTrump?
  • Assessing Justice Kennedy’s legacy: What will his departure mean for the First Amendment?
  • Did Janus “weaponize” the First Amendment in the cause of economic deregulation?  
  • What can the government require health care providers to tell their patients?

Speaker: Paul M. Smith 

Moderator:  Lee Levine

Panel: Floyd Abrams, RonNell Andersen Jones, Adam Liptak, Kathleen M. Sullivan



11:45 Lunch

1:45 Intellectual Property Law Updates for Media Lawyers
  • Embedding links:  Did Goldman v. Breitbart err in rejecting the Ninth Circuit’s server test?
  • Revisiting transformation:  Can Google Books and TVEyes be reconciled?
  • Is the Federal Circuit’s fair use decision in Oracle v. Google a blow to innovation?
  • Thirteen strikes and you’re out:  Is the DMCA safe harbor working?
  • Did Disney misuse Redbox?
  • Digital first sale, again:  Will ReDigi go to the Supreme Court?

Speaker: Bruce P. Keller­

Moderator: Jeffrey P. Cunard

Panel: Devereux Chatillon, Joseph C. Gratz, Jennifer L. Pariser, Eva E. Subotnik



3:00 Networking Break

3:15 Access
  • Who's that juror—Is juror anonymity the new normal in high-profile cases?
  • The Glomar doctrine is spreading, will it become a cancer on FOIA?
  • Jurisdiction, standing, and ripeness: Are courts creating new roadblocks for public access to government information?
  • From Scott Pruitt's calendar to White House visitor logs: How are FOIA requests faring under the Trump Administration?
  • What are the latest efforts to increase public access to secret court dockets in government surveillance matters?
  • What information is the public entitled to know about cops and how do they get it?

Speaker: Katie Townsend

Moderator: Lee Levine

Panel: David E. McCraw, James A. McLaughlin, David A. Schulz



4:15 Right of Publicity and Related Claims
  • Will the First Amendment protect docudramas after de Havilland v. FX Networks?
  • Digital replicas, postmortem rights and more: Are the state legislatures turning a privacy right into a property right?
  • Victory for video games in Lohan/Gravano: What next for the medium under right of publicity laws?
  • How vulnerable are social media sites to the new wave of right of publicity class actions?

Speaker: Jennifer Rothman 

Moderator: Jeremy Feigelson

Panel: Stephanie S. Abrutyn, Kelli L. Sager, Ari J. Scharg



5:15 Adjourn

Day Two: 8:45 a.m. - 5:15 p.m.

8:45 Defamation and Related Claims 
  • How will Judge Rakoff’s evidentiary hearing fare on appeal in Palin?
  • What do the “Dossier” cases tell us about the scope of the fair report privilege?
  • Has the Texas Supreme Court recalibrated “libel by implication” in Tatum?
  • Has the First Circuit sounded the death knell for injunctions in defamation cases?
  • What is the legal significance of hyperlinking for republication, the fair report privilege, and other context-driven doctrines?
  • How have the Rolling Stone cases affected reporting on the #MeToo movement?  And what is the likely impact of public denial lawsuits by those painted as “liars” when their accusations are denied?

Speaker: Jonathan R. Donnellan

Moderator: Lee Levine

Panel: Kevin T. Baine, Tom Clare, Barbara W. Wall, Susan Weiner



10:00 Networking Break

10:15 Reporter’s Privilege and Anonymous Speech
  • What does the First Amendment have to say about border searches of journalists?
  • Did the DOJ phone records subpoenas violate the guidelines?
  • What threats do ongoing leak investigations pose for reporters?
  • Does the Supreme Court’s decision in Carpenter have ramifications for source protection?
  • What do the Glassdoor decisions mean for the rights of anonymous speakers?
  • Where will the states go in applying the privilege after Kalven and Robles

Speaker: Karen Kaiser 

Moderator: Lee Levine

Panel: Jason P. Conti, George Freeman, Mary-Rose Papandrea



11:15 Hot Topics in Communications Law: Section 230, Commercial Speech, and Anti-SLAPP Law
  • Are reviews now safely protected after Yelp?
  • Is it full speed ahead for tort plaintiffs after Snapchat?
  • Are the terrorism cases in the rearview after Fields v. Twitter?
  • After losses in NIFLA v. Becerra and CTIAv. Berkeley, will the Ninth Circuit rein in its expansive application of Zauderer?
  • Does Google have a First Amendment right to refuse ads that promise a “divine cure for cancer”?
  • Are the days of applying anti-SLAPP statues in federal court numbered?  

Moderator: Jeremy Feigelson

Speakers: Patrick J. Carome, Bruce E.H. Johnson, Jack M. Weiss



12:15 Lunch (Please note that lunch will be provided)

12:45 Legal Ethics for Media Lawyers: Current Issues
  • Are there any ethical constraints (left) on trying a case in the media?
  • When can a lawyer disclose confidential information that has become "generally known”?
  • What are the ethical responsibilities of lawyers who travel internationally and whose electronic devices may be subject to search at borders?
  • What are the confidentiality obligations of lawyers who blog and tweet?  
  • When does the lawyer have a duty to inform a client--or a former client--of a mistake in the representation?  

Moderator: Leonard Niehoff 

Panel: Lucy Dalglish, Sue Friedberg, Jeffrey Glasser



1:45 Newsgathering and Privacy Liability
  • Does DNC v. Wikileaks foreshadow the end of Bartnicki?
  • Has the 9th Circuit ended the debate over AgGag?
  • What’s the significance of Chelsea Manning’s failed First Amendment defense on appeal?
  • How are the courts looking at surreptitious surveillance?
  • What, if anything, does Carpenter mean for the intrusion tort and newsgathering liability?
  • Can an Espionage Act case against Julian Assange be squared with the First Amendment?

(IAPP Privacy credit for Privacy Professionals)

Speaker: Thomas S. Leatherbury

Moderator: Lee Levine

Panel: Dale M. Cohen, Rachel E. Fugate, Lynn B. Oberlander



2:45 Privacy and Data Protection
  • The big new California privacy law: Will an opt-out right now become the national standard?
  • GDPR, six months in and counting:  What is the impact on US companies, free speech, and the media?
  • Does the LabMD decision herald a new era of less aggressive data security enforcement by the FTC?
  • CLOUD-y with a chance of warrants: What does the new U.S. CLOUD Act mean for protecting customer data stored overseas?
  • After Carpenter v. US, does cellphone data finally enjoy clear privacy protection?
  • TCPA and robocalls -- Is the law definitively narrowing in defendants’ favor, and two years after Spokeo, who has standing to sue?

(IAPP Privacy credit for Privacy Professionals)

Speaker: Jane E. Kirtley      

Moderator: Jeremy Feigelson

Panel: Justin Brookman, Jacqueline Connor, Alfredo Della Monica, Pauline Wen



4:00 Networking Break

4:15 Hot Topics in International Media Law
  • Privacy and regulation in a post-GDPR world:  What are the real-world differences between the U.S. and European approaches to data privacy?
  • How is reporting affected by the right to be forgotten?
  • Royal weddings and more:  Has anything really changed in the UK – and elsewhere – on defamation?
  • To what extent will U.S. companies be subject to the jurisdiction of European data protection authorities?
  • Is data localization a meaningful impediment to global business?  
  • Internet and the resurgence of populism and totalitarianism:  How successful are governmental efforts at blocking access to “offending” websites?

(IAPP Privacy credit for Privacy Professionals)

Speaker: Mark Stephens 

Panel: Peter C. Canfield, Anya Proops QC, Hugh Tomlinson

Moderator: Jeffrey P. Cunard



5:15 Adjourn

Co-Chair(s)
Jeffrey P. Cunard ~ Debevoise & Plimpton LLP
Jeremy Feigelson ~ Debevoise & Plimpton LLP
Lee Levine ~ Ballard Spahr LLP
Speaker(s)
Floyd Abrams ~ Cahill Gordon & Reindel LLP
Stephanie S. Abrutyn ~ Senior Vice President & Chief Counsel, Litigation, Home Box Office, Inc.
Kevin T. Baine ~ Williams & Connolly LLP
Justin Brookman ~ Director, Consumer Privacy and Technology Policy, Consumers Union
Peter C. Canfield ~ Partner, Jones Day
Patrick J. Carome ~ WilmerHale
Devereux Chatillon ~ Chatillon Weiss LLP
Rick Chessen ~ Senior Vice President, Law & Regulatory Policy, National Cable & Telecommunications Association
Tom Clare ~ Clare Locke LLP
Dale M. Cohen ~ Director, Documentary FIlm Legal Clinic, UCLA School of Law; Senior Counsel for Frontline, WGBH
Jacqueline Connor ~ Bureau of Consumer Protection, Federal Trade Commission
Jason P. Conti ~ General Counsel and Chief Compliance Officer , Dow Jones & Company, Inc
Lucy A. Dalglish ~ Dean, Philip Merrill College of Journalism, University of Maryland
Alfredo Della Monica ~ Vice President & Senior Counsel - U.S. Privacy, General Counsel Organization, American Express
Jonathan R. Donnellan ~ Vice President and Co-General Counsel, Hearst Corporation
George Freeman ~ Executive Director, Media Law Resource Center
Sue Friedberg ~ Buchanan Ingersoll & Rooney PC
Rachel E. Fugate ~ Shullman Fugate PLLC
Jeffrey Glasser ~ Vice President, Legal, Los Angeles Times
Joseph C. Gratz ~ Durie Tangri LLP
Bruce E. H. Johnson ~ Davis Wright Tremaine LLP
RonNell Andersen Jones ~ Lee E. Teitelbaum Endowed Chair and Professor of Law, S.J. Quinney College of Law, University of Utah
Karen Kaiser ~ Senior Vice President, General Counsel, and Corporate Secretary, The Associated Press
Rick Kaplan ~ General Counsel and Executive Vice President, Legal and Regulatory Affairs, National Association of Broadcasters
Bruce P. Keller ~ Assistant U.S. Attorney, Special Counsel to the U.S. Attorney, District of New Jersey, United States Attorney's Office
Kathleen A. Kirby ~ Wiley Rein LLP
Jane E. Kirtley ~ Silha Professor of Media Ethics and Law, University of Minnesota
Thomas S. Leatherbury ~ Vinson & Elkins LLP
Adam Liptak ~ Supreme Court Correspondent, The New York Times
David E. McCraw ~ Vice President and Deputy General Counsel, The New York Times Company
James A. McLaughlin ~ Deputy General Counsel, Director of Government Affairs, The Washington Post
Leonard Niehoff ~ Honigman Miller Schwartz & Cohn, Professor, The University of Michigan Law School
Lynn B. Oberlander ~ Executive Vice President and General Counsel, Gizmodo Media Group, LLC
Mary-Rose Papandrea ~ Associate Dean for Academic Affairs and Professor of Law, University of North Carolina School of Law
Jennifer L. Pariser ~ Vice President, Copyright & Legal Affairs, Motion Picture Association of America
Jennifer E. Rothman ~ Professor of Law, Joseph Scott Fellow, Loyola Law School, Loyola Marymount University
Kelli L. Sager ~ Davis Wright Tremaine LLP
Ari J. Scharg ~ Edelson
David A. Schulz ~ Ballard Spahr LLP
Paul M. Smith ~ Vice President, Litigation and Strategy, Campaign Legal Center; Visiting Professor , Georgetown University Law School
Sherrese M. Smith ~ Paul Hastings LLP
Gigi B. Sohn ~ Distinguished Fellow, Georgetown Law Institute for Technology Law and Policy, Open Society Foundations
Mark Stephens, CBE ~ Howard Kennedy LLP
Eva E. Subotnik ~ Associate Professor of Law, Co-Director, Intellectual Property Law Center, St. John's University School of Law
Kathleen M. Sullivan ~ Quinn Emanuel Urquhart & Sullivan, LLP
Hugh Tomlinson ~ Matrix Chambers
Katie Townsend ~ Legal Director, Reporters Committee for Freedom of the Press
Barbara W. Wall ~ Senior Vice President and Chief Legal Officer, Gannett Co., Inc.
Susan Weiner ~ General Counsel, NBCUniversal News Group, Executive Vice President, NBCUniversal
Jack M. Weiss ~ Liskow & Lewis
Pauline Wen ~ Senior Vice President and Chief Privacy Counsel, 21st Century Fox, Inc.
Program Attorney(s)
Seema Lal Meehan ~ Director, Special Projects and Senior Program Attorney , Practising Law Institute
Columbus Groupcast Location

Columbus Bar Association, 175 S. Third Street, Suite 1100, Columbus, OH 43215. Phone: 614-221-4112, FAX: (614) 340-2081.
Related Items

On-Demand  On-Demand Programs

Communications Law in the Digital Age 2017 Nov. 17, 2017

Handbook  Course Handbook Archive

Communications Law in the Digital Age 2018  
Communications Law in the Digital Age 2017 Jeffrey P. Cunard, Debevoise & Plimpton LLP
Jeremy Feigelson, Debevoise & Plimpton LLP
Lee Levine, Ballard Spahr LLP
 
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