Thursday, June 9 and Friday, June 10

Schedule is subject to change.

Thursday, June 9, 2005
8:00-9:00	Registration, Coffee & Danish (Sponsored by Morris, Manning & Martin, LLP)
9:00-9:15	Co-chair Greetings and Introduction
9:15-10:00	Plenary Session/Keynote Speaker “Reid's Remedies: 35 Years of IT Lessons Learned - Some the Hard Way - That Are Critical to the 21st Century IT Success” Speaker: Warren S. Reid, Co-Chair, WSR Consulting Group, LLC, Los Angeles Today's headlines and statistics show that large-scale systems projects continue to fail or get scrapped at a dizzying pace - $55 billion a year is lost in the U.S. alone. Mr. Reid will share his experience, expertise, lessons, tricks, and hopes on how to help your clients achieve success (1) in high-tech, computer systems and software transactions & projects and (2) in the courtroom
10:00-10:15	Coffee Break (Sponsored by Morris, Manning & Martin, LLP)
10:15-11:15	1st Breakout Sessions

TRACK #1 IT Transactional Law and Litigation “IT Contracts Using Radical Approaches to Foster Successful Outcomes” Presenters: Ron Ben-Yehuda, Esq., Gibson Dunn & Crutcher LLP, Los Angeles Lubomyr Chabursky, WSR Consulting Group, LLC, Ottawa, Canada This session explains how to apply traditional quality assurance processes to ensure that the commitments underlying a customer-developer relationship are clear, precise, comprehensive, realistic and balanced, to foster better run projects by keeping the parties on the same page regarding their expectations.

TRACK #2 Outsourcing “The Six 'Nastiest' Clauses in Every Outsourcing Agreement: A Point/Counterpoint Between the Outsourcers' and the Customers' Attorneys" Presenters: Cheryl L. Slusarchuk, Esq., McCarthy Tetrault, LLP, Vancouver D. Craig Wolff, Esq., Shaw Pittman, LLP, Washington, D.C. Two experienced attorneys, who represent the opposite sides of an outsourcing deal, will share practical take-home experience regarding what each side claims it wants and needs in its clauses, and what each side historically has accepted. They will discuss the “going-in” positions, what actually is “traded-off,” and what one can realistically expect in the deal.

TRACK#3 Current Developments in IT Law “Litigating Patent Infringement Matters Today -- It's Not Your Father’s Case!” Presenters: Stephen J. Davidson, Esq., Leonard, Street & Dienard, Minneapolis, MN Dr. Phillip K. Anthony, CEO, DecisionQuest, Los Angeles In late 2004, Sun Microsystems paid Eastman Kodak Company $92,000,000 to settle software patent infringement claims after a federal court jury found that Kodak's patents were valid. The presenters will show how they used the latest technology (i) to produce and direct this complex, 21st century patent case, (ii) to help the jury to understand and appreciate what the case was “really all about,” and (iii) to learn what evidence the jurors would find most persuasive.

11:15-11:30	Coffee Break (Sponsored by Morris, Manning & Martin, LLP)
11:30-12:30	2nd Breakout Sessions

TRACK #1 IT Transactional Law and Litigation “Getting the Most Out of Your Experts in Complex IT Cases - Views From All Angles" Presenters: Martin J. Trupiano, Esq., Squires, Sanders & Dempsey, LLP, Los Angeles Charles S. Tigerman, Esq., Mindlin & Tigerman, Encino, CA From the perspective of an arbitrator, attorney, and an IT expert witness, this session will explain how to retain the best expert, successfully prepare the expert's report, and persuasively present the opinion testimony to the trier-of-fact. It will also demonstrate how to attack opposing expert witnesses using Daubert motions and effective cross-examination techniques.

TRACK #2 Outsourcing “Counsels' Perspectives on the Real Challenges of Outsourcing Here and Abroad: Examining the Details of the Toughest Clauses That Should Make It Into Your Contracts” Presenters: Michele Kane, Esq., Senior Vice President, The Walt Disney Company, Burbank, CA Wendy Gross, Esq., Torys, LLP, Toronto, Canada   If you are interested in or struggling with actual wording and underpinnings of the most troubling outsourcing clauses, and the compromises that are made, this is the session for you. This session is presented by attorneys from Canada and the United States, well known in their field, who have structured and negotiated large and complex outsourcing deals.

TRACK#3 Current Developments in IT Law "Secondary Liability for ISPs and Websites: Latest Developments on Defamation, Copyright Infringement and the DMCA" Presenters: Eric Goldman, Assistant Professor of Law, Marquette University School of Law, Milwaukee, WI Ian Ballon, Esq., Partner, Manatt Phelps & Phillips, LLP, Palo Alto/Los Angeles Internet service providers and web site operators are concerned about potential liability for the acts of their users. This session will cover some of the most recent cases addressing secondary liability issues, including the recent Supreme Court hearing in the Grokster peer-to-peer file sharing case.

12:30-2:00	Lunch/Luncheon speaker "The European Union: Current & Proposed Directions Affecting the IT Industry" Enrique Jimenez Batalla, Senior Partner, Enrique Batalla Abogados, Madrid, Spain (Sponsored by Willenken Wilson Loh & Stris LLP)
2:00-3:00	3rd Breakout Sessions

TRACK #1 IT Transactional Law and Litigation “The 10 Most Important Ways to Manage IT Transaction Risk From Procurement to Outsourcing" Presenters: Duncan Card, Esq., Bennett Jones LLP, Toronto David C. Metz, Esq., Hitachi Data Systems Corporation, Elkridge, MD Successful projects, systems and technical product launches are all the result of strong and properly executed “risk management”. Without it – you are doomed! A very experienced transaction attorney/technology strategist and a CIO will share their expertise on practical risk assessment, management and control strategies and techniques that will put your company or client in the winner’s circle.

TRACK #2 Outsourcing “International Outsourcing: Practical Advice for IT Outsourcing Projects in China and India” Presenters: Jie Chen, Esq., June He Law Offices, Beijing, China Manohar T. Reddy, The Chugh Firm, Cerritos, CA   The topic says it all! There are secrets to be learned and painful lessons that can be avoided as these two experts share their first hand experiences in the “dos and don’ts” of outsourcing in China and India.

TRACK#3 Current Developments in IT Law "Litigating International High-Tech IP Cases" Presenters: George Takach, Esq., McCarthy Tetrault, LLP, Toronto, Canada Michael J. Garvin, Esq., Hahn Loeser & Parks LLP, Cleveland, OH   Litigation involving patents, trademarks, copyrights and trade secrets is playing an ever-larger role in determining the winners and losers in today’s economy. This session explores how the “globalization” of IP disputes not only makes life much more difficult for high tech companies, but also presents high tech companies who own IP, as well as those accused of infringing others’ IP, enhanced opportunities to accomplish their legal and business objectives.

3:00-3:15	Coffee Break (Sponsored by Willenken Wilson Loh & Stris LLP)
3:15-4:15	4th Breakout Sessions

TRACK #1 IT Transactional Law and Litigation “Simplifying Complex IT Litigation with the Trier of Fact: A Litigator's Strategy Session" Presenters: Larry Kunin, Esq., Morris, Manning & Martin, LLP, Atlanta, GA Michael Gold, Esq., Jeffer, Mangels, Butler Marmaro, LLP, Los Angeles Michael Maddigan, Esq., O'Melveny & Myers, LLP, Los Angeles Specific winning (and losing strategies) will be presented by hardened attorneys, arbitrators and mediators on what has worked for them –and what has not --in Court and ADR.

TRACK #2 Outsourcing “Getting Back On Track: What to do After Your Outsourcing Deal Takes a Wrong Turn” Presenters: Adel Bebawy, Latham & Watkins, LLP, Menlo Park, CA This session examines the strategies and practical steps that should and can be taken to understand the problem, assess the options, and then select and implement a plan to either put the deal back on track, or to move it in-house or to another service provider. Experienced outsourcing counsel will discuss the techniques used and lessons learned from restructuring and renegotiating complex outsourcing arrangements gone bad.

TRACK#3 Current Developments in IT Law "A False Sense of Security - Addressing the Growing Threat of Computer Crime" Presenters: Matthew T. Sant, Esq., Irell & Manella, LLP, Newport Beach, CA This session will cover the obligations and opportunities facing the private sector's attempts to address the growing problem of international computer crime. A multimedia presentation will include current thoughts, ways to combat the issue, and interesting materials from the FBI, IT security firms, and academia. It will have a "CSI" case study type feel to it.

4:30-5:45	Cocktail Party Sponsored by LegalTerminal.com
END OF DAY 1

 

 

Friday, June 10, 2005
8:00-9:00	Registration, Coffee & Danish (Sponsored by Steve Brower, Esq.)
9:00-9:15	Co-chair Greetings
9:15-10:00	Plenary Session/Keynote Speaker "When Media and Technology Meet - Experience from the Front Line" Mr. Carmi Zlotnik, Executive Vice President, Original Programming, Business, Development & New Media, HBO
10:00-10:15	Coffee Break (Sponsored by Steve Brower, Esq.)
10:15-11:15	1st Breakout Sessions

TRACK #1 IT Transactional Law and Litigation “Computer Disasters - Lessons Learned in Getting the Facts Before the Court - An Experts' Panel” Presenters: George J. Coleman, Esq., Snett & Wilmer, LLP, Phoenix, AZ Bruce E. Blitch, CIO, Expert Witness, Phoenix, AZ John Cosgrove, P.E., Expert Witness, Cosgrove Computer Systems, INc., Los Angeles Warren S. Reid, C.M.C., C.S.T.E., Expert Witness, WSR Consulting Group, LLC, Los Angeles Large-scale computer systems disasters boil down to technical project practices (esp. project and risk management, testing, and systems development methodology) and people issues (the overall business environment together with the experience, suitability and flexibility of the parties). This session explains how to present a persuasive case about these complex and misunderstood issues to the trier of fact where there are good arguments on both sides of the coin but no universally accepted standards.

TRACK #2 Open Source “Open Source--What Is It? What are the Common Contract Terms?” Presenters: Michael Krieger, Esq., Willenken Wilson Loh & Stris, LLP, Los Angeles Richard Hsu, Esq., Townsend & Townsend & Crew, LLP, Palo Alto, CA This session will address the outsourcing contract itself. It will focus on what clauses are common to such agreements, and what makes contractual provisions in outsourcing transactions “different.”

TRACK#3 Current Developments in IT Law “IT Insurance: What You Don't Know WILL Hurt You!” Presenters: Jay M. Levin, Esq., Reed Smith LLP, Philadelphia, PA Steven Brower, Esq., Stephan, Oringher, Richman & Theodora, P.C., Costa Mesa, CA IT insurance is complicated, not well understood, and full of surprises. Leading industry legal experts will pull back the veil, and share with you the most common misconceptions and the best strategies used by transaction lawyers and litigation counsel involved in IT insurance coverage.

11:15-11:30	Coffee Break (Sponsored by Steve Brower, Esq.)
11:30-12:30	2nd Breakout Sessions

TRACK #1 IT Transactional Law and Litigation “Mock Trial Part 1: The Case, Opening Statements, and Discovery” Presenters: Tom Christo, Esq., Christo Law Offices PLLC & Test Case Scenario.com, Boston, MA Michael J. Silverman, Esq., Duane Morris, LLP, Chicago, IL Don Conwell, Esq., Fowler White Boggs Banker, Tampa, FL This interactive role-play in the University’s spectacular new courtroom will have participants implementing the materials developed and presented during the previous conference sessions. Portions of a hypothetical systems failure case involving the problems faced by an international travel consortium developing its website will be tried. Experienced lawyers and business people, and expert witnesses will deliver Oscar® caliber performances in the mock trial. It promises to be an eye-opening experience, particularly for those who have not yet had the “opportunity” to participate in a trial of a complex system failure.

TRACK #2 Open Source “Developing Commercial Products in an Open Source World” Presenters: Stephen Mutkoski, Esq., Microsoft Corporation, Redmond, WA Raymond T. Nimmer, Professor, University of Houston School of Law, Houston, TX More and more applications are using open source code. Two thoughtful, passionate, and powerful communicators will weigh in on a subject that is near and dear to their respective hearts and will continue to intrigue the media, confound the technologists and to tie up the courts for some time. This is their first teaming … will it be their last??

TRACK#3 Current Developments in IT Law “Hot Issues in IP Due Diligence in M&A Deals” Presenters: Alec R. Szibbo, Esq., Davis & Company, Vancouver, Canada Robert Hart, Chief Intellectual Property Counsel, Harman International Industries Inc., Northridge, CA With technology companies, the most important asset is often the company’s IP portfolio. But what is the value and enforceability of those IP assets? This session will address the due diligence activities that any company should undertake in acquiring or merging with another entity to make sure there are no “surprises” later on.

12:30-2:00	Lunch/Luncheon speaker (Sponsored by Ulmer & Berne LLP)
2:00-3:00	3rd Breakout Sessions

TRACK #1 IT Transactional Law and Litigation “Mock Trial Part 2: Percipient and Expert Witnesses” Presenters: Tom Christo, Esq., Christo Law Offices PLLC & Test Case Scenario.com, Boston, MA Michael J. Silverman, Esq., Duane Morris, LLP, Chicago, IL Don Conwell, Esq., Fowler White Boggs Banker, Tampa, FL Expert Witnesses: Lubomyr Chabursky, WSR Consulting Group, LLC, Ottawa Dwight Clarke, President, Forbes Elliot Corporation, Chatsworth, CA See description above.

TRACK #2 Open Source “Litigating Open Source Infringement Cases” Presenters: Jason Wilson, Esq., Willenken Wilson, Loh & Stris, LLP, Los Angeles Mark Scarsi, Esq., O'Melveny & Myers LLP, Los Angeles With the rapid expansion of open source development and usage, litigation is now becoming a major concern. What cases have been brought thus far, what issues are likely to lead to litigation in the future, and what an open source vendor or user can do to minimize the risks of litigation are just some of the topics to be touched on in this session.

TRACK#3 Current Developments in IT Law “Sarbanes-Oxley - What Every Laywer Must Know and Do” Presenters: Francis F. Goins, Esq., Ulmer & Berne, LLP, Cleveland, OH Michael Pregmon Jr., Internal Control Institute, Orlando, FL Directors and Officers are now more responsible than ever for “stewarding” the ubiquitous and critical IT assets of the enterprise. An attorney, board member, and SOX consultant will explore in this session what every director and officer must know and do to protect, manage and control IT strategies, practices and assets and the information they produce.

3:00-3:15	Coffee Break (Sponsored by Ulmer & Berne LLP)
3:15-4:15	4th Breakout Sessions

TRACK #1 IT Transactional Law and Litigation “Mock Trial Part 3: Closing Arguments, Judges Opinion, Summary of Critical Lessons Learned from this Real-Time Experience” Presenters: Tom Christo, Esq., Christo Law Offices PLLC & Test Case Scenario.com, Boston, MA Michael J. Silverman, Esq., Duane Morris, LLP, Chicago, IL Don Conwell, Esq., Fowler White Boggs Banker, Tampa, FL See description above.

TRACK #2 Open Source “Identifying and Implementing Appropriate Risk-Management Practices When Using 'Free and Open Source Software' ” Presenter: Holly K. Towle, Esq., Preston, Gates & Ellis, LLP, Seattle, WA This session will focus on the risks of open source and what needs to be done to minimize those risks in your company or your client’s company.

TRACK#3 Current Developments in IT Law “Hot Legal Issues: Latest Court Decisions and Legislation Affecting the IT Industry” Presenter: Michael D. Scott, Conference Co-Chair, Professor of Law, Southwestern Law School, Los Angeles IT law is constantly changing. This session will focus on some of the “hot button” issues facing the legislatures and the courts.

END OF DAY 2