Friday, February 7, 2020
7:30 AM - 5:00 PM | Conference Registration and Sponsor Exhibits
7:30 AM - 9:00 AM | Continental Breakfast
8:00 AM - 9:00 AM | Workshops | Series 1
- Hot Issues in Access and Newsgathering
Our panel will discuss several recent, sometimes challenging newsgathering issues, including: the rise of sweeping “ag-gag” laws, victim’s rights laws (e.g., Marsy’s Law), and similar statutory schemes aimed at preventing the investigation or disclosure of information; the adequacy of the DOJ search efforts in response to FOIA requests pertaining to the Mueller investigation; the implications of the Seventh Circuit’s decision to abstain from adjudicating a state court’s timeliness in making court records available; the indictment of Julian Assange; and the rise of “First Amendment” audits and citizen reporting.
Lead Facilitator: Eric Schroeder, Bryan Cave Leighton Paisner, Atlanta, GA
Mike Grygiel, Greenberg Traurig, Albany, NY
Blaine Kimery, Vedder Price, Chicago, IL
Jeremy Kutner, ProPublica, New York NY
Wes Lewis, Haynes and Boone, Austin, TX
Mickey H. Osterreicher, National Press Photographer’s Association, Buffalo, NY
Tenaya Rodewald, Sheppard Mullin, Palo Alto, CA
Natalie Spears, Dentons, Chicago, IL
Christine Walz, Holland & Knight, New York, NY
- Hot Issues in Anti-SLAPP and Other Legislation
This session will discuss how long anti-SLAPP laws will remain viable as options in defending federal court lawsuits and consider what types of risk calculations litigators must make, in circuits that have rejected anti-SLAPP laws in federal court, when deciding whether to remove and thereby lose their state’s SLAPP remedies. Also, is there a model anti-SLAPP law that could be constructed that would protect the exercise of First Amendment rights in federal court lawsuits? Finally, we will review whether courts (state or federal) are receptive to non-forum SLAPP defenses through application of the dépeçage doctrine, and how to persuade judges to endorse its application.
Lead Facilitator: Bruce Johnson, Davis Wright Tremaine, Seattle, WA
Andy Pauwels, Honigman, Detroit, MI
Laura Prather, Haynes and Boone, Austin, TX
Katie Townsend, Reporter’s Committee for Freedom of the Press, Washington, D.C.
- Hot Issues in Data Privacy
One month after the CCPA effective date, a year and a half into the GDPR, and with state privacy laws proposed or under consideration in over 20 states, what do and will individual privacy rights look like – and how can companies address those rights and consumer expectations – now and over the next few years? We will discuss where the CCPA has ended up; what (if anything) we can expect to change in the CCPA; whether (and in what form) a federal privacy law might be passed; lessons from GDPR practices and enforcement; and what companies can do to try to future-proof their data and privacy practices given the uncertainty.
Lead Facilitator: Doron Goldstein, Katten Muchin Rosenman, New York, NY
Adrienne Fowler, Harris Wilshire & Grannis, Washington, D.C.
Kristine Holm, Fox Corp, Beverly Hills, CA
Melissa Kern, Frost Brown Todd, Cincinnati, OH
Kathleen Scott, Wiley Rein, Washington, D.C.
S. Jenell Trigg, Lerman Senter, Washington, D.C.
- Hot Issues in Entertainment
The past year has seen a number of groundbreaking decisions on entertainment issues. We discuss developments and trends in: Movies, Television, Celebrities and Games (libel, right of publicity and copyright challenges involving documentaries, paparazzi/Gigi Hadid, and Fortnight and suits filed by Ariana Grande & Kim Kardashian); Music (what will happen post-Stairway to Heaven and Blurred Lines to cases against performers/songwriters such as Ariana Grande, Ed Sheeran, Katy Perry); Politics (tuning up for the 2020 campaign season); and Graffiti cases.
Lead Facilitator: Robb Harvey, Waller Landsen Dortch & Davis, Nashville, TN
Sumar Al-Amyn, Ballard Spahr, New York, NY
David Arnoff, Fox Rothschild, Los Angeles, CA
Jonathan Anschell, CBS, Los Angeles, CA
Lincoln Bandlow, The law Offices of Lincoln Bandlow, PC, Los Angeles, CA
David Fink, Venable, Los Angeles, CA
Dori Hanswirth, Arnold & Porter Kaye Scholer, New York, NY
Gloria Franke Shaw, Katten Muchen and Rosenman, Los Angeles, CA
Joel Tantalo, Tantalo & Adler, Los Angeles, CA
Leah Monsanto, Discovery
- Hot Issues in Social Media
Using social media to gather and disseminate news continues to pose specific challenges. In this workshop, we’ll discuss litigation concerns, including the intersection of tweets and personal jurisdiction; social media posts that cross the line into harassment; parody Twitter accounts; and discovery and preservation of social media evidence. We’ll discuss copyright concerns, including parody tweets and the Second Circuit’s denial of review of the Southern District of New York’s rejection of the server test in Goldman v. Breitbart News Network, LLC. We’ll also address advertising concerns, including Ariana Grande’s lawsuit against Forever 21 for allegedly posting photos of models that look like her in social media ads. Other topics include the continuing debate over what constitutes a public forum on social media in the wake of Knight First Amendment Institute at Columbia Univ. v. Trump; insurance issues; social media platforms’ ever-changing terms and conditions; legislation that may impact social media; and more.
Lead Facilitator: Monica Dias, Frost Brown Todd, Cincinnati, OH
Katie Fallow, Knight First Amendment Institute at Columbia University, New York, NY
Patrick Groshong, AXIS PRO, Kansas City, MO
Michael Lambert, Prince Lobel, Boston, MA
Steve Mandell, Mandell Menkes, Chicago, IL
JT Morris, JT Morris Law, Austin, TX
Lo-Mae Lai, Paramount, San Francisco, CA
Matthew Shafer, CBS, New York, NY
Regina Thomas, Verizon Media, Washington, D.C.
9:15 AM - 10:45 AM | Plenary: Twenty-Five Years Later: McIntyre v. Ohio Elections Commission
A quarter century ago, the Supreme Court upheld the First Amendment rights of activist Margaret McIntyre, charged with a crime, to distribute anonymous political leaflets at a public meeting. Since then, a lot of important journalism – and a lot of really hateful speech, much of it online – has rested on the same rights of anonymity that Ms. McIntyre won for all of us. Panelists will explore whether, in today’s venomous political environment, the Court would decide her case the same way – and should it?
Lead Facilitator: Chuck Tobin, Ballard Spahr, Washington, D.C.
Stephen Vladeck, University of Texas, Austin, TX
David A. Goldberger, Professor Emeritus of Law, Moritz College of Law, The Ohio State University, Columbus, OH
Beth Littrell, Senior Staff Attorney, Special Litigation, Southern Poverty Law Center, Montgomery, AL
10:45 AM - 11:00 AM | Break
11:00 AM - 12:00 PM | Workshops | Series 2
- Hot Issues in Advertising and Promotions
You bet your life this will be the highlight of the conference workshops. The Supreme Court punted on whether the FCC’s interpretation of the TCPA binds federal district courts. In related (for pun purposes) news, more and more states are taking a gamble on legalized sports betting. The proliferation of cannabidiol (CBD) infused edibles, cosmetics and supplements is all the buzz and expanding recreational cannabis creates plenty of issues to hash out. Join us for a lively discussion about these recent legal developments and their impact on the world of advertising and promotions law.
Lead Facilitator: Natalie Harris, Baron Harris Healey, Chicago, IL
Susan Tillotson Bunch, Thomas & Locicero, Tampa, FL
Bryan Clark, Vedder Price, Chicago, IL
Andy Siegel, CBS, New York, NY
- Hot Issues in Entertainment (see Series 1 above)
- Hot Issues in Ethics
This session will discuss a wide range of ethics issues, including attorney-client confidentiality, conflicts of interest, and candor toward tribunals. It will also discuss recent ABA formal opinions on the ethical obligations that arise when a law office or law firm has suffered a data breach or when a natural or other disaster affects a lawyer's provision of services. As always, participants are invited to bring their own ethical questions to the discussion.
Lead Facilitator: Len Niehoff, Honigman, Ann Arbor, MI
Heather Goldman, Bryan Cave Leighton Paisner, Washington, DC
Lyrissa Lidsky, Dean, Univ. of Missouri, Columbia, MO
Ashley Messenger, National Public Radio, Washington, D.C.
Tom Williams, Haynes and Boone, Ft. Worth, TX
- Hot Issues on the Internet
There is one constant in the world of the Internet: change. From antitrust investigations of technology companies to new laws and regulations in privacy and cybersecurity, issues in the internet are always in flux. New technologies promise to provide deeper insights into our behavior while adding layers of security through blockchain. Meanwhile, in the area of internet-based content, individuals are left questioning what reality is and how to use and interpret the information they find. This workshop will dive into several hot topics including: the state of net neutrality, updates in online trustworthiness ratings and deepfakes, the state of CDA Section 230, emerging copyright issues, trends in scraping and aggregating, anonymity, digital eavesdropping and behavioral tracking, artificial intelligence, the state of internet-related litigation and standing concerns, the EU’s General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), emerging privacy and security laws, the rise in hacking, data lakes and monetization, and other critical issues impacting the Internet of Things.
Lead Facilitator: Jennifer Dukarski, Butzel Long, Detroit, MI
Anette Beebe, Beebe Law, Phoenix, AZ
Patrick Carome, WilmerHale, Washington, D.C.
Brendan Charney, Davis Wright Tremaine, Los Angeles, CA
Judy Endejan, Offices of Judy Endejan, Seattle, WA
Jeremy Feigelson, Debevoise & Plimpton, New York, NY
Craig Linder, Dow Jones, New York, NY
David Wittenstein, Cooley, Washington, D.C.
- Hot Issues in Libel and Privacy
Panelists will lead you through an examination of important developments and high-profile cases. Plus, the state of the law on the fair report privilege and the reporting of third-party allegations; public figure and actual malice; defamatory meaning and opinion; libel by implication; and politically-charged defamation cases.
Lead Facilitator: Marc Fuller, Vinson & Elkins, Dallas, TX
Stephanie Abrutyn, Time Warner Company, New York, NY
Rob Bertsche, Prince Lobel Tye, Boston, MA
Herschel Fink, Jaffe Raitt Heuer & Weiss, Detroit, MI
Stephen Kiehl, CNN, Atlanta, GA
Bob Latham, Jackson Walker, Dallas TX
Stephen Schaefer, Mutual Insurance, Washington, D.C.
Leita Walker, Ballard Spahr, Minneapolis, MN
12:00 PM - 12:30 PM | Luncheon (RSVP required)
12:30 PM - 2:00 PM | Plenary: Preparing for the Future, Celebrating the Past
Twenty-Five years ago, a small group of attorneys launched the first conference of the Forum on Communications Law, providing a relaxed environment where outside counsel could enhance their relationships with in-house counsel, who, in turn, could pick the brains of their law firm colleagues and discuss best practices with other in-house counsel. After paying tribute to the past leaders of the Forum, prominent in-house counsel will discuss (i) what they see as the challenges for their respective industries in the near and distant future; (ii) what they expect from outside counsel; and (iii) what organizations, such as the Forum, can and should do to help young (and senior) practitioners prepare for the challenges ahead in the rapidly evolving media law practice.
Lynn Carrillo, Vice President, Legal, NBCUniversal News Group, Miami, FL
Carolyn Forrest, Vice President Legal Affairs, Fox Television Stations, LLC, Atlanta, Georgia
Lauren Fisher, Chief Legal Officer, Vox Media, Washington, D.C.
James A. McLaughlin, Deputy General Counsel & Director of Government Affairs, The Washington Post, Washington, D.C.
Randy Shapiro, Global Media Counsel, Bloomberg, LP, New York, NY
Savalle Sims, General Counsel, Discovery, Inc., New York, NY
2:00 PM - 3:30 PM | 12th Annual First Amendment and Media Law Diversity Moot Court Competition: Final Round of Oral Arguments (Non-CLE)
2:30 PM - 7:00 PM | Cocktails, Conversations & Connections
- 2:30 PM - 3:30 PM | Insurance Committee (Non-CLE)
Discuss choice of counsel, insurer billing and defense guidelines, insuring music risks, media liability coverage in package policies, and the GDPR and EU free speech regulations impacting media risks and coverage.
- 2:30 PM - 3:30 PM | Intellectual Property Committee (Non-CLE)
The discussion will focus on fair use, the interplay between trademark and the First Amendment, and other copyright decisions.
- 3:30 PM - 4:30 PM | Digital Communications Committee (Non-CLE)
The Twitterverse never ceases to provide the public with an abundance of entertainment…and interesting repercussions to go with it. From Chris Cuomo #FREDO and beyond… what key tweets made waves.
- 4:30 PM - 5:30 PM | In-House Counsel Committee (in-house lawyers only) (Non-CLE)
Candid conversation on elections, whether media companies should be doing more to fight against reputational attacks (“doxxing,” false claims of fact about reporters, online harassment campaigns), as well as the 2020 Election and other pressing issues.
- 4:30 PM - 5:30 PM | Young Lawyers Committee (Non-CLE)
Spend time with Tom Gimbel, President of Austin City Limits Enterprises and General Manager of the Austin City Limits television series, whose music industry career includes roles at indie and major record labels and in artist management.
- 4:30 PM - 5:30 PM | Teach Media Law Committee (Non-CLE)
Join fellow teachers of media law, First Amendment, or related subjects, and anyone interested in doing so, for an informal conversation about issues of shared interests, such as textbooks and casebooks, audiovisual aids, supplementary materials, syllabi, and pedagogy.
- 5:30 PM - 7:00 PM | Women in Communications Law (Non-CLE)
We hope that you will join the WICL session this year as we welcome Kristin Grady Gilger and Julia Wallace authors of the newly released There’s No Crying in Newsrooms. This leadership book tells the stories of remarkable women who pushed through barrier after barrier at media organizations around the country. It documents the journey of women who called in news stories while in labor and fought for advancement while being called “pushy” and even worse. We will discuss the lessons learned from these pioneers and what it takes to succeed in the media and other male-dominated industries. There’s No Crying in Newsrooms: What Women Have Learned about What It Takes to Lead is available at https://www.nocryinginnewsrooms.com/ and on Amazon.
3:00 PM - 6:00 PM | Annual Tennis Tournament (transportation provided)
Cost: $45.00 per person
7:00 PM - 11:00 PM | Conference Annual Dinner