Communications Law in the Digital Age 2013

Communications Law in the Digital Age 2013
Total Credits: 13.25
Ethics: 1.00
General: 12.25

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

Morning Session: 8:45 a.m. - 12:00 p.m.

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8:45 Electronic Media Regulation

  • Will the FCC be successful in conducting an incentive auction for broadcast spectrum?
  • Does the FCC still regulate broadcast indecency?
  • Should the statutory schemes applicable to retransmission of broadcast programming be overhauled?
  • What are the prospects for significant reform of the Communications Act?
  • What should the FCC do about the All-Vid proceeding in light of Echostar and new video apps

Speaker: Kathleen A. Kirby
Moderator: Jeffrey P. Cunard
Panel: Jane E. Mago, Cristina Chou Pauzé, Sherrese M. Smith, Gigi B. Sohn

10:15 Networking Break

10:30 Developments in First Amendment Jurisprudence

  • Will McBurney curtail the flow of public records under state FOIA laws?
  • Can courts forbid the public display of gruesome images of fetuses if children may see them?
  • Does the Boston Marathon bombing portend a retreat from Brandenburg’s strict limits on incitement?
  • Does the First Amendment permit injunctions prohibiting expression about the private lives of public figures?
  • Will the Supreme Court strike down or further restrict limits on campaign contributions?

Speaker: Jack M. Weiss
Moderator: Lee Levine
Panel: Floyd Abrams, Adam Liptak, Paul M. Smith, Kathleen M. Sullivan

12:00 Lunch

Afternoon Session: 2:00 p.m. - 5:15 p.m.

Please note the schedule has been changed. The “Newsgathering Liability” panel now concludes at 3:15. The “Reporters Privilege and Anonymous Speech” panel now begins at 3:30.

2:00 Newsgathering Liability

  • Are the guilty pleas in Kiriakou and Sachtleben just the tip of the iceberg?
  • What have we learned from the Manning and Snowden cases?
  • Was James Rosen really an “aider and abettor” of an Espionage Act violation?
  • How bad are restrictions on newsgathering in the UK and could they ever be transplanted here?
  • Can news outlets freely take information from social media accounts?
  • Should states pass regulations governing the use of reconnaissance drones by non-governmental entities?
  • Why the renewed interest in “Anti-Paparazzi Laws”?
  • Will more states pass “Ag-Gag” laws and are they constitutional?

Speaker: Thomas S. Leatherbury
Moderator: Lee Levine
Panel: Lucy A. Dalglish, James C. Goodale, David A. Schulz, John W. Zucker, Gerson A. Zweifach

3:15 Networking Break

3:30 Reporters Privilege and Anonymous Speech

  • Are there lessons to learn from the AP subpoena and the Rosen search warrant?
  • Where does the reporter’s privilege stand in the wake of the Government’s efforts to enforce its subpoena seeking Jim Risen’s confidential sources?
  • Is there finally going to be a federal shield law this time around?
  • What does every media lawyer need to know about the new DOJ subpoena guidelines?
  • Does The Central Park Five decision put the media’s fears about Chevron to rest?
  • Where do things stand on the Aurora shooting subpoena?
  • What impact has the passage of additional state shield laws had on the right to protect confidential sources?
  • Has a consensus been reached as to whether and when to fight to protect anonymous posters?

Speaker: George Freeman
Moderator: Lee Levine
Panel: Bruce D. Brown, Eve B. Burton, Karen Kaiser, David E. McCraw, Barbara W. Wall

5:15 Adjourn

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

Morning Session: 8:45 a.m. - 12:30 p.m.

8:45 Defamation

  • Has “libel tourism” reached the end of the road?
  • What will be the impact of the British Defamation Act of 2013?
  • Has the well-financed libel plaintiff returned?
  • Has social media generated a new wave of libel cases?
  • Do state anti-SLAPP statutes apply in federal court?
  • Is it becoming more difficult to prove libel-by-implication?

Speaker: Kevin T. Baine
Moderator: Lee Levine
Panel: Sandra S. Baron, Hon. Robert D. Sack, Mark Stephens

9:45 Right of Publicity and Related Claims

  • Is misappropriation law different for fictional works?
  • Are courts ignoring prior restraint law in right-of-publicity cases?
  • What are the implications of Hart, Brown, and Keller?
  • What are the implications of the Dryer class action settlement?
  • Is professional wrestling really higher on the scale of First Amendment values than other sports?

Speaker: Kelli L. Sager
Moderator: Bruce P. Keller
Panel: Stephanie S. Abrutyn, Darci J. Bailey, Gillian Lusins

10:45 Networking Break

11:00 Intellectual Property

  • After Prince and Meltwater, is fair use expanding or contracting?
  • Is anything left to the DMCA safe harbors after YouTube and Veoh?
  • How are recent copyright cases affecting the technical design of new digital business?
  • New boundaries of first sale: digital “used” – and foreign made – copies
  • When does U.S. intellectual property law have extraterritorial impact?
  • Can a “timeline” in social media be trademarked?

Speaker: Mary Snapp
Moderator: Bruce P. Keller
Panel: Andrew P. Bridges, Susan P. Crawford, Jeffrey P. Cunard, Jennifer L. Pariser

12:30 Lunch

Please note that lunch will be provided.

Afternoon Session: 1:00 p.m. - 5:15 p.m.

1:00 Legal Ethics for Media Lawyers: Current Issues

  • What happens when professional judgment and a client’s litigation directions collide?
  • Are porn trolls unethical? And what about lawyer sock puppets?
  • Do lawyers have a First Amendment right to blog about their clients’ cases (and how do social media platforms create other problems for lawyers)?
  • How should lawyers deal with media clients who gain access to privileged or classified information?
  • What professional responsibility risks are created by lawyers as defamation targets (and plaintiffs)?

Moderator: Bruce E. H. Johnson
Panel: Pamela A. Bresnahan, Dale M. Cohen, Sue Friedberg, Hon. Mark R. Hornak

2:00 Networking Break

2:15 Global Privacy and Advertising Developments

  • Comprehensive U.S. privacy legislation - how likely are the prospects?
  • What’s new in the world of privacy and mobile apps?
  • How are businesses complying with the new COPPA regulations?
  • What is happening with the EU data protection regime and how will it affect U.S. businesses?
  • When can social networking data be used for employment and credit decisions?
  • Privacy legislation vs. self-regulation: What’s the right approach?
  • Where is the line between commercial and noncommercial peech in the world of buzz marketing and blogs?

Speaker: Jane E. Kirtley
Moderator: Jeffrey P. Cunard
Panel: David Bender, Katrina Blodgett, Steven G. Brody, S. Jenell Trigg

3:45 Networking Break

4:00 Hot Issues in Social Media

  • How are journalists using social media to find stories, and what are the legal pitfalls of such use?
  • Are social media libel suits on the increase, and what unique issues do they raise?
  • What new guidelines govern the use of social media by jurors, judges, and courtroom observers?
  • What tort liability might social media providers face for negligent distribution of material?
  • What are the consequences for anonymous speech when news sites require that comments from readers be posted through Facebook accounts?

Speaker: RonNell Andersen Jones
Moderator: Jeffrey P. Cunard
Panel: Reggie Davis, Jonathan D. Hart, Lyrissa Barnett Lidsky

5:15 Adjourn

11/14/2013 8:45 AM - 11/15/2013 5:15 PM
Columbus Bar Association
175 South Third Street
Suite 1100
Columbus, Ohio 43215

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