25th Annual Forum on Communications Law Conference

Schedule

February 6-8, 2020

Hilton Austin | Austin, TX | Central Time (CT)

Thursday, February 6, 2020

8:00 AM - 3:00 PM | Conference Registration and Sponsors Exhibits

8:00 AM - 9:00 AM | Joint Breakfast: Moot Court Competition and Media Advocacy Workshop

9:00 AM - 11:45 AM | 12th Annual First Amendment and Media Law Diversity Moot Court Competition: Semi-Final Rounds of Oral Arguments (Non-CLE)

The Forum’s 12th Annual First Amendment and Media Law Diversity Moot Court Competition is designed primarily to expose minority law students to the Forum on Communications Law and the practice of media law.

9:00 AM - 10:45 AM | 23rd Annual Media Advocacy Workshop-Part 1

Participants will break into small group sessions to focus on three different media law problems. One oral argument involves analysis of the Espionage Act and the First Amendment as it relates to the press. Another oral argument explores the intersection between copyright law and free speech in a digital media context. Finally, participants will engage in a pre-publication review exercise to develop their legal vetting skills.

10:45 AM - 11:00 AM | Break

11:00 AM - 12:15 PM | 23rd Annual Media Advocacy Workshop-Part 2

12:15 PM - 12:45 PM | Media Advocacy Luncheon

12:45 PM - 1:45 PM | Media Advocacy Lunch Panel: Texas Citizens Participation Act (TCPA) (Non-CLE)

The lunch panel features a discussion about the Texas Citizens Participation Act (TCPA), Texas’s anti-SLAPP statute. Our panel of media lawyers and Justice Jane Bland of the Supreme Court of Texas will discuss the difficult issues of interpretation that have faced litigators and the courts concerning the TCPA, including its extension to contexts outside of media and First Amendment litigation. Our media attorney panelists will also discuss the legislative processes that resulted in the TCPA and the 2019 amendments to the statute. They will share first-hand experience attempting to fashion and preserve protections against meritless lawsuits targeting the rights of free speech, association, and petition—while also attempting to avoid entanglement with run-of-the-mill commercial disputes.

Lead Facilitator:
Megan Coker, Vinson & Elkins, Dallas, TX

Speakers:

  • Justice Jane Bland, Supreme Court of Texas, Austin, TX
  • Marc Fuller, Counsel, Vinson & Elkins LLP, Dallas, TX
  • Laura Prather, Partner, Haynes & Boone LLP, Austin, TX

1:45 PM - 3:30 PM | 23rd Annual Media Advocacy Workshop - Part 3

2:00 PM - 5:00 PM | Optional Tours (RSVP Required)

  • Lady Bird Johnson Wildflower Center (transportation provided)
    Cost: $36.00 per person

    Join us for a guided, Docent-led tour of the Lady Bird Johnson Wildflower Center. Founded in 1982 as the National Wildflower Research Center (and renamed for Mrs. Johnson in 1997), the Wildflower Center features more than 900 species of native Texas plants in both garden and natural settings on its 284 acre spread. Among other sites, the Wildflower Center has 9 acres of cultivated gardens (including the Family Garden and the Habitat Garden), a 16 acre Arboretum, miles of walking trails, exhibits, a gift store, and a café. After the tour, you will have time to wander the grounds and experience Texas’ natural beauty at its finest.
  • Texas State Capitol and Governor's Mansion
    Cost: Free

3:30 PM - 4:30 PM | Joint Reception: Moot Court Competition and Media Advocacy Workshop

4:00 PM - 5:30 PM | Governing Committee Meeting (by invitation only)

7:00 PM - 10:00 PM | Opening Night Reception: Bar-be-Cue Taste Off at Studio 6A-KLRU (transportation provided)

Please join us for our Opening Reception at Austin’s own Historic Studio 6A-KLRU, home of Austin City Limits (ACL) for its first 36 years and a designated Rock ‘n Roll landmark by the Rock and Roll Hall of Fame and Museum. ACL is the longest running music series in television history, and Studio 6A (ACL Studios) has seen everyone from country music legends Willie Nelson and Ray Charles to modern music heroes Coldplay and Van Morrison and a host of hugely popular acts in between. Austin City Limits is the only television show to receive the National Medal of the Arts. In addition to live music, we will have a Barbecue Taste Off, featuring some of the Texas’s award-winning barbecue just like the early days of ACL tapings, there will be free beer. (There will also be many other options for beverages if you don’t want to pretend you are at an early Willie Nelson taping.)

 

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

    Facilitators:
    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

    Facilitators:
    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

    Facilitators:
    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

    Facilitators:
    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

    Facilitators:
    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.

Panelists:
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

    Facilitators:
    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

    Facilitators:
    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

    Facilitators:
    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

    Facilitators:
    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.

Lead Facilitators:
Lynn Carrillo, Vice President, Legal, NBCUniversal News Group, Miami, FL
Carolyn Forrest, Vice President Legal Affairs, Fox Television Stations, LLC, Atlanta, Georgia

Panelists:
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

Saturday, February 8, 2020

7:30 AM - 3:00 PM | Registration and Sponsor Exhibits

7:30 AM - 9:00 AM | Full Breakfast

8:30 AM - 9:30 AM | Workshops | Series 3

  • 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

    Facilitators:
    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

    Facilitators:
    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

    Facilitators:
    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
  • Hot Issues in Reporter's Privelege
    Can/should Julian Assange claim a reporter’s privilege in the face of a House request for Wikileaks records? Is the raid on freelance journalist Bryan Carmody by San Francisco police an outlier or a harbinger? Is the anonymous Op-Ed writer/Trump insider a “source”? We’ll talk about these and other questions at our Workshop on Reporter’s Privilege.

    Lead Facilitator: Jack Greiner, Graydon, Cincinnati, OH

    Facilitators:
    Derek Bauer, Baker Hostetler, Atlanta, GA
    Joel Glover, Jackson Walker, Dallas, TX
    Jean Paul Jassy, Jassy Vick and Carolan, Los Angeles, CA
    Chris Moeser, TEGNA, Tysons Corner, VA
  • Hot Issues in FCC and Regulatory Matters
    The FCC workshop will cover current hot topics at the FCC and will discuss compliance issues created by recent FCC Report & Orders as well as look at likely FCC policy and rulemaking items for the coming year.

    Lead Facilitator: Joe Di Scipio, Fox Corp., Washington, D.C.

    Facilitators:
    Henry Gola, Wiley Rein, Washington, D.C
    Umair Javed, Federal Communications Commission, Washington, D.C.
    Margaret Tobey, NBC Universal, Washington, D.C.

9:45 AM - 11:15 AM | Plenary: In Harm's Aftermath: Covering the News in Violent Times

Mass shootings are (unfortunately) the new status quo – examining the media’s role in the aftermath of these tragic events. What is the media’s role in covering mass shootings and their aftermath? How does the interplay among journalists, law enforcement, the judiciary, and social media impact the public’s understanding of these events? State laws vary on the type of information that can be publicly disclosed and when it can be disclosed. What is the impact of the different state public records laws? Should more information be provided to the public at large or at least to victims and their families? Through discussion of recent mass shootings in Texas and Florida the panel will address the balance between the public’s right to know and states’ interest in prosecuting the offender and protecting the privacy of victims and their families.

Lead Facilitator: Mark A. Bailen, Baker Hostetler, Washington, D.C.

Panelists:
Judge Andre Davis, ret. 4th Cir Judge, Baltimore City Solicitor, Baltimore, MD
Deanna Shullman, Shullman Fugate, West Palm Beach, FL
Joe Moody, Texas State Representative, Austin, TX
Shelby Webb, reporter, Houston Chronicle, Houston, TX

11:15 AM - 11:30 AM | Break

11:30 AM - 12:30 PM | Workshops | Series 4

  • 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

    Facilitators:
    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 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

    Facilitators:
    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

    Facilitators:
    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 International and Cross Border Vetting
    This session will discuss several recent events from the last year including efforts to free journalists from jail and keeping reporters out of harm’s way.

    Lead Facilitator: Katharine Larsen, Thomson Reuters, New York, NY

    Facilitators:
    Brian Barrett, The Associated Press, New York, NY
    Leah Monsanto, Discovery
    Adrianna Rodriquez, Univision, Miami, FL
    Lee Wiliams, CNN, Atlanta, GA
  • 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

    Facilitators:
    Katie Fallow, Knight First Amendment Institute at Columbia Univ., 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.

12:30 PM - 1:00 PM | Luncheon

1:00 PM - 2:00 PM | Plenary: Breaking News! Fake News and Deep Fakes - How Technology Impacts American Democracy

What technological developments are enabling a proliferation of fake news and deep fakes? Left unchecked, how will current technology impact the media? Do these developments have the potential to disrupt our democracy? And, are current legislative proposals attempting to address these developments a possible solution? Please join us as we discuss what happens when you combine the perfect storm of sophisticated technology, social media platforms and media conglomerates working to provide news content and the upcoming 2020 Election!

Lead Facilitator: Sherrese Smith, Paul Hastings, Washington, D.C.

Panelists:
Donie O’Sullivan, Reporter, CNN, Atlanta, GA
Ben Sheffner, Senior Vice President & Associate General Counsel, Copyright & Legal Affairs, at the Motion Picture Association of America, Inc., Los Angeles, CA
Drew Shenkman, Senior Counsel, CNN, Atlanta, GA

2:30 PM - 5:30 PM | Optional Tours (transportation provided)

  • Tour of Lyndon Baines Johnson Presidential Library
    Cost: $32.00 per person

    Join us for a self-guided tour of the Lyndon Baines Johnson Presidential Library and Museum on the University of Texas campus. The museum collection on display includes the clothing worn by the 36th President and First Lady at the 1964 inauguration, pens, paper, and chairs used in the Oval Office, the desk used for the signing of the 1965 Voting Rights Act, and thousands of objects related to their daily lives, official duties, and political events. You can also listen to dozens of LBJ’s historic phone conversations, step into a replica of the Oval Office, experience the President’s decision making process in interactive displays about the Six-Day War and the Vietnam War, view (and experience) exhibits on the history and landmark legislation of that time, and learn about Lady Bird Johnson’s environmental efforts. The Library also houses 45 million pages of historical documents, 650,000 photos and 5,000 hours of recordings from President Johnson's political career, including about 643 hours of his recorded telephone conversations.

  • Whisky and Beer Tours
    • Brewery Tour at Jester King in the Texas Hill Country
      Cost: $45.00 per person
    • Tour of Treaty Oak Distillery in the Texas Hill Country
      Cost: $45.00 per person

Come experience some Texas hospitality and spirit with a trip to Dripping Springs (about 30 minutes from downtown, in the Texas Hill Country) and visit either Treaty Oak Distilling or Jester King Brewery. The bus will drive you out to Dripping Springs and drop you off for a tour of either Treaty Oak or Jester King. At Treaty Oak (which specializes in whisky, but also has gin and other spirits), you will have an opportunity to tour the distillery (with a full size cocktail) and then enjoy a tasting afterwards! At Jester King Brewery, an authentic Farmhouse Brewery, you will enjoy a tour and tasting and then have an opportunity to roam around the farm, restaurant, event hall, and 165 acres of preserved land (where you can purchase additional beers from Jester King and other breweries).

  • Austin Walking Tour
    Just Named One of the top 25 Coolest Neighborhoods in the World! We will show you why this district earned such a prestigious award. Discover parts of East Austin that never made it into a guidebook on the ever changing street art scene in Austin. Head to murals by popular artists, including Blek le Rat, JonOne and Meres1 while getting the chance to take a photo in front of your favorites. Plus, get a local perspective on Austin sights and travel tips from your guide along the way.
    Cost: $25.00 per person

6:00 PM - 7:00 PM | Closing Reception