All businesses now create and host online content — on their websites, mobile apps, social media and other digital platforms. That means every company has exposure to content liability risks that media and entertainment companies have faced for years, while media and entertainment companies take steps to ensure their branded or user-generated content does not expose them to new liability risks. This session will provide practical guidance to navigate the thicket of copyright, trademark, privacy, right of publicity and defamation issues when businesses produce or host online content. Special focus will be given to emerging issues involving:

• Branded Content and Shoppable Media: legal and practical considerations
• Live-streaming clearance
• Social Media: right of publicity, contest clearance and more
• Emojis, emoticons, GIFs and Bot content
• Communications Decency Act section 230 protection and legislative landscape

PANELISTS

MODERATOR

When the bitcoin cryptocurrency first appeared seven years ago, few expected that its implications would stretch beyond virtual currency and online payments. Yet over the past few years, the underlying framework that powers bitcoin – known as blockchain technology, has spawned intense investment and development for usage across diverse industries.

A blockchain is a decentralized, distributed ledger of transactions that have been verified using cryptographic functions. Technology innovators are exploring how to use this concept of distributed networks – which eliminate “middlemen,” – for applications that can transform many industries from media and entertainment, online advertising, e-commerce, the supply chain, the Internet of Things, energy grids, and insurance.

This session will educate you about this exciting shared future, as the panelists discuss:

• What is blockchain technology and how do distributed networks work?

• New technological innovations and how they will impact many industries

• Legal issues triggered when business is conducted via distributed networks

PANELISTS

MODERATOR

Digital technology and data exponentially expand the ability to reach consumers. But they have also increased the risk of consumer class action litigation. Leading litigators will advise how businesses can avoid litigation exposure, by reviewing top class action trends involving:

• the federal Video Privacy Protection Act and Michigan’s Video Rental Privacy Act
• Advertising & User Communications
  • Telephone Consumer Protection Act and mobile messaging
  • False advertising claims in the digital world
• laws governing auto-renewals and consumer opt-in for digital subscription plans

PANELISTS

MODERATOR

Do website and mobile application operators have obligations to make their products, services, video programming, content, and digital communications systems accessible to persons with disabilities? Companies increasingly face advocacy pressure and legal claims for violations of civil rights and disability laws if they fail to provide accessible seats for venues, and accessible, navigable website content with auxiliary aids (such as closed or open captioning of video, descriptive narration of content, and text attached to still). This session will discuss:

• The legal landscape
• What may be coming down the pike from the regulators and disability advocacy groups
• How companies can practically address disability laws as they operate in the digital age




PANELISTS





MODERATOR

Marketing departments are constantly finding new ways to use technology to reach customers but need to stay on track with the law. This session will help you understand the latest technologies for online ad and device tracking and marketing to consumers, the rules for using these technologies, and how to minimize legal risk. Through an interactive discussion and online demonstration, you will learn how your organization can make the most of advances in technology, including:

• Getting to know your eCommerce and mCommerce customers – what data do you want to collect?

• Tracking users' online activity, personal device use and physical location – how, when and where do you want to reach your customers?

• Collecting and combining data – how do you use social media, contests, promotions and third parties

• Customizing the mobile experience for your customer – how do you incorporate privacy and security by design?

PANELISTS

MODERATOR

As more businesses and individuals move to cloud storage, internet service providers hold vast quantities of emails, documents and other electronic records of their customers. When government agencies conduct investigations, they increasingly obtain warrants and other legal process directed to ISPs seeking digital records of the service provider’s customer, often without the customer knowing anything about it. The government’s warrant practices have raised serious questions, which are the subject of two challenges brought by Microsoft Corporation:

• Does the Stored Communications Act authorize a U.S. court to issue and enforce a SCA warrant against a U.S.-based service provider for a customer’s electronic communications stored on servers located outside the U.S.? In 2016, the 2nd Circuit answered this question “No” in the “Microsoft Ireland” server case. The case remains active and seems destined to wind up in the Supreme Court.
• Can the government obtain search warrants and other process compelling production of customer data without notice to the customer, and at the same prevent the ISP from notifying its customer through the use of indefinite secrecy orders? This is the subject of a pending case filed by Microsoft in the Western District of Washington, in which Microsoft makes a Fourth Amendment challenge to the SCA’s provision authorizing searches of cloud data without notice to the customer, and a First Amendment challenge to the SCA provision authorizing gag orders that prevent ISPs from talking about the legal process they receive. In this session, Microsoft’s lead counsel in the Washington case will summarize the legal issues and explain how they affect businesses in every sector.

SPEAKER

Virtual reality is the “it” technology. While not surprising, early adopters are games and adult entertainment, and virtual reality is being used to enhance storytelling, allowing a user to share a day in a refugee camp, swim the Great Barrier Reef, or have VIP seats to Hamilton. Virtual reality and augmented reality also have the promise to transform many industries beyond entertainment – with other uses of the technology including the ability to give instant access to information, remove screens from our desks, and offer new ways to socialize and explore our surroundings.

Find out where we are now, what’s coming, and what the legal issues will be as companies in all sectors explore the new virtual reality.

PANELISTS

MODERATOR

China has experienced a digital transformation and now has the world’s largest population of digital consumers. The country has more than 600 million internet users, with 500 million of those on mobile devices, with still much more room to grow. This has led to increasing demand for an array of digital services, such as social networking; instant messaging; e-commerce and online shopping; mobile payments; online auction portals; and even cloud services. For the modern Chinese consumer, technology has created a digital way of life.

No surprise. Global companies eye China — and its booming digital consumer base — as an important growth market for their products and services. This two-part session will provide guidance on how U.S. companies can do business and navigate challenges in China’s digital ecosystem. Part 1 features a Q&A chat with Gary Locke, former U.S. Ambassador to China, former U.S. Commerce Secretary and former Governor of Washington state — who will share unique insight from his years of experience interacting with the Chinese government. This will be followed by a roundtable with leading in-house counsel. Throughout their discussions, Gov. Locke and the panelists will examine:

• Digital market opportunities to reach China’s netizens

• Competitive challenges and potential partnerships with Chinese companies

• Dealing with the Chinese government

• Future outlook for digital China

FEATURED SPEAKER & PANELISTS

MODERATOR