23rd Annual Conference - The Future Is Here: Our Keynote Lunch Panel Explores Virtual, Augmented and Diminished Reality. Are You Prepared? ...
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23rd Annual Conference The Future Is Here: Our Keynote Lunch Panel Explores Virtual, Augmented and Diminished Reality. Are You Prepared? March 1–3, 2018 Silverado Resort & Spa Napa Valley, CA
Dear Colleague: With great pleasure, we invite you to join us March 1–3, 2018, at the 23rd Annual Conference of the ABA Forum on Communications Law in Napa, California. Our 2018 Annual Conference venue is shaping up to be an exciting opportunity to explore the cutting-edge legal issues facing media and communications lawyers with an impressive roster of dynamic and diverse speakers and facilitators. You know what Pokémon Go is and maybe have even played it (or watched your children play with it), but there is so much more to learn about augmented and virtual reality. There are even products offering “diminished reality” experiences. Our keynote luncheon on Friday will feature a demonstration of the latest technology and an expert panel led by James Gatto, with Sheppard Mullin Richter & Hampton, will explore some of the thorny legal issues for both creators and users of the technology. Before our keynote luncheon, we will open the Conference with two compelling plenary sessions. In the first session, we will explore the impact of “fake news” on professional journalism and social media, the risks it poses to free expression on the Internet, and the legal remedies and pitfalls when dealing with it. The second plenary will discuss the current state of monitoring online content, including the legal requirements, social, political and ethical considerations, and technological and commercial challenges, and debate what we can expect in the near future. On Saturday morning, our third plenary session will explore the legacy of FCC v. Pacifica Foundation, in which, forty years ago, the U.S. Supreme Court upheld the FCC’s first indecency policies banning George Carlin’s “seven dirty words” comedic monologue. We will hear from Kelly Carlin, who like her father, has a lot to say about the decision and free speech and from a panel of experts and insiders who examine the challenges confronting the FCC in defining indecency standards and enforcing its policies. Our small-group workshops are led by expert practitioners who will facilitate robust discussions among attendees of best practices and practice tips on the “hot issues” of the day. These workshops are a key reason lawyers find our Conference so useful in their daily practices. This year’s Conference offers sessions on: Access and Newsgathering; Advertising and Promotions; Anti-SLAPP and Other Legislation; Entertainment Law; Ethics; International and Cross Border Vetting; Internet and Data Privacy; Libel and Privacy; Reporter’s Privilege; and Social Media. For our Saturday lunch program, we are trying something new. Our conference requires a year of planning, but we have accepted the suggestion and challenge of last year’s attendees to present a panel discussion on whatever the most topical legal issues are when we convene. One month before the conference, we will begin fielding suggestions. Email your suggestions to anyone on the Conference Planning Committee. We will assemble an expert panel to discuss the topic requested most. The Conference also sets the stage for our young lawyers Media Advocacy Workshop, an all-day practicum on Thursday, March 1, run by the Forum’s Training and Development Committee. (More information on the Workshop, which requires separate registration on the Workshop form, can be found within this brochure.) In addition, the Conference will host a variety of meetings of Forum Committees, including: Digital Communications, In- House Counsel, Teach Media Law, Young Lawyers and Law School Students, and Women in Communications Law. The Forum’s Tenth Annual First Amendment and Media Law Diversity Moot Court Competition will take place on March 1 and March 2. The Competition is designed to expose minority law students to the Forum and the practice of media law. The preliminary rounds will be held on the morning of Thursday, March 1, and we invite attendees and their families to attend. The final round will take place immediately following lunch on Friday afternoon, March 2, and will be heard by a distinguished panel of judges: the Honorable James E. Graves, Jr., Circuit Judge of the United States Court of Appeals for the Fifth Circuit; the Honorable Richard R. Clifton, Circuit Judge of the United States Court of Appeals for the Ninth Circuit; and another distinguished jurist. We ask everyone who is not engaged in 2 | 23rd Annual Conference
another activity to attend and support these students who potentially will be among the next
generation of members in our media bar.
Beyond the excellent CLE programs, our Conference provides an opportunity to spend
quality time with colleagues and families in an informal setting. We’ve arranged a host
of social activities, including wine tastings and winery tours (which require a reservation
on the registration page) and the annual tennis tournament. Napa Valley, known for its
wine, beautiful scenery, and wine tastings, is an ideal location for the 2018 Conference.
Our Conference’s first time in this unique setting furnishes attendees and their families
with numerous activities, including hiking and cycling, which are listed on our Conference
webpage. We urge you to register and make your travel arrangements today!
My thanks to our Program Co-Chairs, who began working on this Conference just a week
following the conclusion of our 2017 Conference, for their unwavering commitment to
excellence and service. Their names are listed in this brochure.
We are grateful for our Passport sponsors, whose generosity funds all of the Forum’s
activities during our 2017–2018 Conference Year, including the Media Advocacy Workshop
and the Moot Court Competition and for our Annual Conference sponsors. Thanks to our
sponsors, your registration fee, which has not been increased in almost a decade, not only
will entitle you to attend the Conference programs, but also to attend our opening reception
on Thursday, March 1, at Copia, the acclaimed restaurant of the Culinary Institute of America
in downtown Napa, with shuttle service to its downtown Napa location, two breakfasts, two
luncheons, our Annual Dinner and our closing reception. (Casual attire is recommended for
Conference attendees, but keep in mind that you will need a jacket to keep warm in Napa
Valley during the winter months.)
We look forward to seeing you this coming March in Napa Valley! Cheers! Salud! L’Chaim!
Salute! Gān Bēi! Santé! and Kanpai!
Carolyn Y. Forrest
Forum Chair
Fox Television Stations, LLC
Atlanta, GA
CONFERENCE PLANNING COMMITTEE
Carolyn Y. Forrest Kelli L. Sager
Program Co-Chair & Forum Chair Program Co-Chair & Past Forum Chair
Fox Television Stations, LLC Davis Wright Tremaine
Atlanta, GA Los Angeles, CA
David J. Bodney Sherrese M. Smith
Program Co-Chair & Forum Immediate Program Co-Chair
Past Chair Paul Hastings
Ballard Spahr Washington, DC
Phoenix, AZ
Dave Giles Charles Tobin
Program Co-Chair & Forum Chair Elect Program Co-Chair & Past Forum Chair
EW Scripps Ballard Spahr
Cincinnati, OH Washington, DC
Laura Lee Prather
Program Co-Chair
Haynes and Boone
Austin, TX
March 1–3, 2018 | 3PLENARY SESSIONS MODERATOR
Laura Prather, Partner, Haynes & Boone,
FRIDAY, MARCH 2, 2018 Austin, TX
9:15 am–10:45 am SPEAKERS
FAKE NEWS: RIGHTS, RISKS AND THE Sophia Cope, Staff Attorney, Electronic
ROLE OF THE MEDIA IN A Frontier Foundation, San Francisco, CA
DUPLICITOUS WORLD Daphne Keller, Director of Intermediary
In recent years, “fake news” has taken Liability, Center for Internet and Society,
center stage in debates about journalism Stanford University, CA
and politics around the globe. What are Maria Crimi Speth, Shareholder, Jaburg Wilk,
the domestic and international implications Phoenix, AZ
of fake news? What risks are posed when Peter Stern, Policy Manager, Facebook, Austin,
persons and powers, foreign and domestic, TX
plant fake news stories about matters of Alan Waldbaum, Assistant General Counsel,
public concern? What are the risks of liability Microsoft, Redmond, WA
when the press is duped by fakers foreign
and domestic? Are social media companies SATURDAY, MARCH 3, 2018
taking appropriate steps to reduce the 9:45 am–11:15 am
spread of fake news? What legal remedies FORTY YEARS AFTER FCC V. PACIFICA
are available to news organizations whose FOUNDATION
intellectual property is hijacked by purveyors Forty years have passed since the Supreme
of phony stories? Court upheld the FCC’s first indecency
MODERATOR policies banning George Carlin’s “seven dirty
David Bodney, Partner, Ballard Spahr, Phoenix, AZ words” in FCC v. Pacifica Foundation. This
panel will explore the legacy of Pacifica,
SPEAKERS the challenges which face the FCC in
Johnita P. Due, Vice President and Assistant defining indecency standards and enforcing
General Counsel, CNN, Atlanta, GA indecency policy, and the technological and
Erick Erickson, Host, Atlanta’s Evening News jurisprudential changes that may open the
on 95.5FM and AM750 News/Talk WSB, Former door to the Supreme Court revisiting the
Editor, RedState.com, Founder and Editor, The First Amendment principles announced in
Resurgent, Contributor, FOX News Channel, that case.
Atlanta, GA
Eugene Robinson, Columnist, The Washington MODERATOR
Post, Washington, D.C. Sherrese M. Smith, Partner, Paul Hastings,
Susan Weiner, General Counsel, NBCUniversal Washington, DC
News Group, Executive Vice President & Deputy SPEAKERS
General Counsel, NBCUniversal, New York, NY Kelly Carlin, Writer, actress, producer,
monologist, and Internet radio host for Sirius
11:00 am–12:30 pm XM, Los Angeles, CA
MONITORING ONLINE CONTENT: LEGAL Joseph M. Di Scipio, Senior Vice President,
V. SOCIAL RESPONSIBILITIES Legal and FCC Compliance, Fox Television
What are companies doing voluntarily Stations, LLC, Washington, DC
to monitor comments and how are they Peter Karanjia, Former Deputy General
doing it (i.e. people v. algorithm)? What Counsel, Federal Communications Commission;
legal and ethical issues are involved with Partner, Davis Wright Tremaine, Washington, DC
live streaming of objectionable content Maria Kirby, Former Senior Media Advisor to
(i.e. murder/suicide)? How are companies Former FCC Chairman Tom Wheeler; Senior
handling moderation of user comments Policy Council, Apple, Washington, DC
(i.e. requiring real names or verification), Alan Simpson, Partner, Advoc8 Consulting, San
unmasking the identity of reviewers, and Francisco, CA
de-indexing and fraud on the courts?
Issues continue to abound and our panel
will discuss the policy debates over how
web providers should manage their sites,
what are the best corporate guidelines, and
the role community standards and social
responsibility should play.
4 | 23rd Annual ConferenceCONCURRENT the latest developments from courts and
regulators on biometrics? The Equifax
WORKSHOPS breach: a game changer for cybersecurity
HOT ISSUES WORKSHOPS–COORDINATOR liability standards? Will the Trump
Timothy Conner, Holland & Knight, Administration pull back on privacy rights,
Jacksonville, FL and will the states push in to fill the gap? The
FRIDAY, MARCH 2, 2018 countdown clock to the effective date for the
EU’s new General Data Protection Regulation
8:00 am–9:00 am
CONCURRENT WORKSHOPS–SERIES A ticks louder—how should you respond in
the time left? Borderline privacy: can devices
Workshop 1A: H OT ISSUES IN
and information be protected from border
ACCESS AND NEWSGATHERING
searches? Has the class action bar broken
Toss around the hot and chronic issues
through on standing, or did Spokeo build a
in newsgathering with colleagues from
wall? What’s new with smart devices in the
around the country. We’ll discuss issues
home, a/k/a, “Alexa, is my privacy at risk?”
like: Getting FEMA records after natural
How is CDA 230 holding up under scrutiny by
disasters; ongoing issues with police body
Congress and the courts? Location, location,
and dash cam footage; using smart phones
location: how will SCOTUS define digital privacy
in courtrooms; and reporting on materials
in Carpenter?
provided by hackers and techniques for
dislodging public records quickly. SPEAKERS
Patrick J. Carome, WilmerHale, Washington, DC
SPEAKERS
Mira El Sonbaty, Fox Entertainment Group,
Brian Barrett, Associated Press, New York, NY
Inc., Los Angeles, CA
Cynthia L. Counts, Duane Morris, Atlanta, GA
Jeremy Feigelson, Debevoise & Plimpton, New
Jeff Glasser, Los Angeles Times, Los Angeles, CA
York, NY
Dan Laidman, Davis Wright Tremaine, Los
Ethan Forrest, Covington & Burling, San
Angeles, CA
Francisco, CA
Carol Jean LoCicero, Thomas & LoCicero,
Kaitlin Gurney, Pepper Hamilton, Philadelphia, PA
Tampa, FL
Nora Puckett, Google, Mountain View, CA
James A. McLaughlin, Washington Post,
Natalie Spears, Dentons, Chicago, IL
Washington, DC
Workshop 4A: HOT ISSUES IN LIBEL AND
Christine N. Walz, Holland & Knight,
PRIVACY
Washington, DC
Panelists will lead you through an examination
Workshop 2A: HOT ISSUES IN
of recent high-profile trials, and appeals;
ENTERTAINMENT
the state of the law regarding opinion, libel
This workshop will focus on a wide range of
by implication and reporting of third party
entertainment issues, including: YouTube and
allegations; whether issues of falsity are
fair use; recent issues in right of publicity
creeping into right-of-publicity law; how
law; emerging legal issues related to the
the internet and social media are affecting
explosion of the new platforms; the reach
courts’ analysis of defamatory meaning and
of U.S. piracy laws; VOD streaming and the
other elements of libel law; the potential
Digital Millennium Copyright Act; legal issues in
impact of the U.S. Supreme Court’s Bristol-
films inspired by actual events; and copyright
Myers Squibb decision; and Judge Rakoff’s
issues relating to pre-1972 sound recordings
unconventional evidentiary hearing in Palin
SPEAKERS v. New York Times.
Jonathan Anschell, CBS, Los Angeles, CA SPEAKERS
Lincoln Bandlow, Fox Rothschild, Los Angeles, CA Stephanie Abrutyn, Home Box Office, Inc.,
Tara D. Bodden, Hiscox USA, San Francisco, CA New York, NY
Scott A. Edelman, Gibson Dunn & Crutcher, Marc Fuller, Vinson and Elkins, Dallas, TX
Los Angeles, CA Lo-Mae Lai, Netflix, Los Angeles, CA
Robb S. Harvey, Waller Landsen Dortch & Robert P. Latham, Jackson Walker, Dallas, TX
Davis, Nashville, TN Stephen M. Schaefer, Whiteford Taylor
David E. Fink, Kelley Drye & Warren, Los Preston, Columbia, MD
Angeles, CA Elizabeth Seidlin-Bernstein, Ballard Spahr,
Joel R. Weiner, Katten Muchin Rosenman, Los Philadelphia, PA
Angeles, CA Leita Walker, Faegre Baker Daniels,
Zazi Pope, Warner Bros., Los Angeles, CA Minneapolis, MN
Workshop 3A: HOT ISSUES ON THE
INTERNET AND DATA PRIVACY
Facing up to facial recognition: what are
March 1–3, 2018 | 5Workshop 5A: HOT ISSUES IN SOCIAL SATURDAY, MARCH 3, 2018
MEDIA 8:30 am–9:30 am
As social media embeds itself into more and CONCURRENT WORKSHOPS–SERIES B
more aspects of our lives and as a substantial
majority of Americans use social media as a OT ISSUES IN ACCESS
Workshop 1B: H
key source of news, we’ll discuss how media AND NEWSGATHERING
is proposing to deal with the competitive (Repeated. See Friday, March 2, 8:00 am–9:00
challenges posed by social media; the need am for description)
to constantly educate our clients about
the “rules” governing the use of social Workshop 2B: HOT ISSUES IN
media (including influencer campaigns) ADVERTISING AND PROMOTIONS
for marketing on behalf of advertisers; the Join our experienced panel for a discussion
use of employees’ personal social media of current developments in the field
accounts on behalf of their media employers; advertising and promotions law including:
social media policies; legal challenges to the post-Spokeo trends and TCPA litigation;
right to embed content from social media on “right to Yelp” legislation; geolocation
media websites and other copyright issues; privacy legislation efforts; online scraping;
making sure your use of social media, and and thoughts on Google’s “Better Ads
that of employees on your behalf, falls within Standards” for digital advertising.
your insurance coverage; legal responses SPEAKERS
to online harassment of journalists; issues Sarah L. Cronin, Kelley Drye & Warren, Los
in monetizing and optimizing the data Angeles, CA
generated by social media views of your Natalie A. Harris, Mandell Menkes, Chicago, IL
content; preservation (and use) of social Andrea Shandell, Gannett Co., Inc., McLean, VA
media evidence in the event of litigation;
Katherine Surprenant, Meredith Corporation,
how we as lawyers can keep up with
New York, NY
new platforms and changes in platforms
and avoid improperly using social media Workshop 3B: HOT ISSUES IN ETHICS
ourselves; and other topics. This workshop will consider a host of
SPEAKERS challenging questions, including: What
Jerry Birenz, Sabin Bermant & Gould, New ethical issues are raised by recent changes
York, NY to the Federal Rules of Civil Procedure?
Jennifer Dukarski, Butzel Long, Bloomfield What level of competency do media lawyers
Hills, MI need to have in non-media fields that might
Amy Gross, Duane Morris, New York, NY arise in the current environment, such as
Patrick L. Groshong, AXIS PRO, Kansas City, MO the rights of reporters arrested at protest
Eli Segal, Pepper Hamilton, Philadelphia, PA sites? Do lawyers have a duty to become
Regina Thomas, Oath Inc., Dulles, VA competent in using the latest technologies
and social media platforms to represent their
clients adequately? What other ethical traps
may current technologies present? What are
the latest developments in the law governing
the attorney-client privilege and the duty
of confidentiality? What are your duties if
a lawyer in your orbit is compromised by
substance abuse or mental illness?
SPEAKERS
Karlene Goller, The Law Office of Karlene
Goller, Los Angeles, CA
Len Niehoff, Honigman Miller Schwartz and
Cohn, University of Michigan Law School,
Ann Arbor, MI
Amy Pyle, The Center for Investigative
Reporting, Editor-in-Chief, Reveal, Emeryville, CA
Joseph Richotte, Butzel Long, Bloomfield Hills, MI
Workshop 4B: HOT ISSUES IN LIBEL AND
PRIVACY(Repeated. See Friday, March 2, 8:00
am–9:00 am for description)
6 | 23rd Annual ConferenceWorkshop 5B: HOT ISSUES IN REPORTER’S Workshop 2C: HOT ISSUES IN
PRIVILEGE ENTERTAINMENT
This workshop will discuss a range of topics, (Repeated. See Friday, March 2, 8:00 am–9:00
including the new administration’s review am for description)
of the Obama administration DOJ Guidelines Workshop 3C: HOT ISSUES IN
for subpoenaing reporters and the DOJ’s INTERNATIONAL AND CROSS-BORDER
subpoena to a former Oregon Public VETTING
Broadcasting reporter; protections for This workshop will compare and contrast
journalists at the border–are their phones the defamation, privacy, copyright and
subject to search and seizure; protection other newsgathering and publication laws
for non-confidential information and the applicable in countries around the world. Is
subpoena to New York Times journalist there a public figure/official distinction in
Frances Robles in the “Baby Hope” case; defamation laws outside the US? What are
impact of the Boal decision and whether the risks of using hidden cameras or secretly
there is a privilege in military courts; recording conversations in countries outside
anonymous sources and shield law the US? What about fair use, does it apply
protections; the definition of a journalist and its to works copyrighted in other countries?
impact on shield law protections, including Is prior restraint a consideration when
the Murray Energy Corp. v. Reorg Research reporting on non-US entities and people? Do
Inc. decision; Vermont’s new shield law; and US publications available outside the US need
reporter’s privilege/shield matters under to be concerned about contempt of court
state and federal law from around the country. issues when reporting on arrests and trials
SPEAKERS occurring outside the US? Can you really
Lynn Carrillo, NBCUniversal, Hialeah, FL go to jail for dishonoring another country’s
Rachel E. Fugate, Shullman Fugate, Tampa, FL leader? How do other countries’ national
Gregg Leslie, Reporters Committee for secrets laws impact investigative journalism?
Freedom of the Press, Washington, DC SPEAKERS
Kim McCoy, Vinson and Elkins, Dallas, TX Adam Cannon, News Group Newspapers Ltd,
Eric P. Schroeder, Bryan Cave, Atlanta GA London, England
Liz Hartley, Associated Newspapers Ltd,
11:30 am–12:30 pm London, England
CONCURRENT WORKSHOPS–SERIES C Randy Shapiro, Bloomberg, New York, NY
Mark Stephens, Howard Kennedy, London,
Workshop 1C: HOT ISSUES IN ANTI-SLAPP England
AND OTHER LEGISLATION Lee Rivera Williams, Cable News Network,
This workshop will cover key anti-SLAPP Atlanta, GA
developments protecting speech and
Workshop 4C: HOT ISSUES ON THE
petitioning activities across the nation and
INTERNET AND DATA PRIVACY
recent efforts to curtail anti-SLAPP protections.
(Repeated. See Friday, March 2, 8:00 am–9:00
We will discuss effective strategies for using am for description)
anti-SLAPP statutes to dismiss or narrow libel
and invasion of privacy claims, including how Workshop 5C: HOT ISSUES IN SOCIAL
to persuade judges who may be hostile to MEDIA
anti-SLAPP protections. We will also cover (Repeated. See Friday, March 2, 8:00 am–9:00
the use of anti-SLAPP statues in federal am for description)
courts. Because we are meeting in California,
we will highlight the features of the landmark
California anti-SLAPP statute and explore
ongoing efforts to enact similar statutes at
the state and federal level.
SPEAKERS
Mark Bailen, Baker& Hostetler, Washington, DC
Thomas R. Burke, Davis Wright Tremaine, San
Francisco, CA
Jeffrey Hermes, Media Law Resource Center,
New York, NY
CONFERENCE
March 1–3, 2018 | 7SCHEDULE
DAY 1—THURSDAY, MARCH 1, 2018
8:30 am–9:00 am Tenth Annual First Amendment and Media Law Diversity Moot
Court Competition Check-In and Breakfast
8:30 am–9:00 am 21st Annual Media Advocacy Workshop Check-In and Breakfast
9:00 am –11:45 am Tenth Annual First Amendment and Media Law Diversity Moot
Court Competition Semi-Final Rounds of Oral Argument
Sponsors: Ballard Spahr, Butzel Long, Covington & Burling, Davis
Wright Tremaine, Duane Morris, Haynes and Boone, Jackson
Walker, Kelley Drye & Warren, Pepper Hamilton, Scripps Howard
Foundation, Shullman Fugate, Tantalo & Adler, Vinson & Elkins,
Warner Norcross & Judd and Wiley Rein
9:00 am–3:30 pm 21st Annual Media Advocacy Workshop
Sponsors: Ballard Spahr, Butzel Long, Covington & Burling, Davis
Wright Tremaine, Duane Morris, Haynes and Boone, Jackson
Walker, Jassy Vick Carolan, Kelley Drye & Warren, Pepper Hamilton,
Vinson & Elkins and Wiley Rein
3:00 pm–4:30 pm Joint Reception of the Media Advocacy Workshop and the Moot
Court Competition
Sponsors: Ballard Spahr, Butzel Long, Covington & Burling, Davis
Wright Tremaine, Duane Morris, Haynes and Boone, Jackson
Walker, Jassy Vick Carolan, Kelley Drye & Warren, Pepper Hamilton,
Scripps Howard Foundation, Shullman Fugate, Tantalo & Adler,
Vinson & Elkins, Warner Norcross & Judd and Wiley Rein
3:30 pm–6:00 pm Conference Registration
4:00 pm–5:30 pm Governing Committee Meeting (by invitation only)
5:30 pm–6:30 pm Teach Media Law Committee Meeting
7:00 pm–10:00 pm Opening Reception
Copia, the Culinary Institute of America’s restaurant 500, 1st
Street, Napa, CA
The Forum Governing Committee cordially invites you and your
spouse/ guest to begin your Annual Conference experience
with networking and camaraderie. Renew old acquaintances,
make new ones and enhance our communications law network.
Complimentary admission for all registrants and their guests.
Sponsors: AXIS PRO, Baker & Hostetler, Ballard Spahr, Bryan
Cave, Butzel Long, Covington & Burling, Davis Wright Tremaine,
Debevoise & Plimpton, Dentons, Duane Morris, Faegre Baker
Daniels, Fox Rothschild, Gibson Dunn & Crutcher, Haynes and
Boone, Hiscox Insurance Company, Inc., Holland & Knight,
Honigman Miller Schwarz and Cohn, Jackson Walker, Katten Muchin
Rosenman, Kelley Drye & Warren, Mandell Menkes, Paul Hastings,
Pepper Hamilton, Thomas & LoCicero, Vinson & Elkins, Waller
Lansden Dortch & Davis, Warner Norcross & Judd, WilmerHale and
Wiley Rein
DAY 2—FRIDAY, MARCH 2, 2018
7:00 am–1:00 pm Conference Registration and Sponsor Exhibits
7:30 am–9:30 am Continental Breakfast
Stroll through the exhibits while enjoying your first cup of joe. A
continental breakfast will be available at the far end of the exhibit
area.
8 | 23rd Annual Conference8:00 am–9:00 am Concurrent Workshops–Series A
Workshop 1A: Hot Issues in Access and Newsgathering
Workshop 2A: Hot Issues in Entertainment
Workshop 3A: Hot Issues on the Internet & Data Privacy
Workshop 4A: Hot Issues in Libel and Privacy
Workshop 5A: Hot Issues in Social Media
9:15 am–10:45 am Plenary: Fake News: Rights, Risks and the Role of the Media in a
Duplicitous World
10:45 am–11:00 am Break
11:00 am–12:30 pm Plenary: Monitoring Online Content: Legal v. Social
Responsibilities
12:30 pm–1:15 pm Luncheon (Ticketed)
Sponsors: AXIS PRO, Baker & Hostetler, Bryan Cave, Debevoise &
Plimpton, Dentons, Faegre Baker Daniels, Fox Rothschild, Hiscox
Insurance Company, Inc., Holland & Knight, Honigman Miller
Schwarz and Cohn, Katten Muchin Rosenman, Liskow & Lewis,
Mandell Menkes, Thomas & LoCicero, Vinson & Elkins, Waller
Lansden Dortch & Davis, Warner Norcross & Judd, and WilmerHale
Presentation of the Champion of Freedom Award
The highest honor given by the Forum on Communications Law
is its Champion of Freedom Award. It is not given annually. It is
given to those who have devoted their careers to the defense of
the free expression of ideas.
PRESENTER
Steven D. Zansberg, Ballard Spahr, Denver, CO
HONOREE
John P. Borger, Faegre Baker Daniels, Minneapolis, MN
1:15 pm–2:15 pm KEYNOTE PANEL
Virtual Reality, Augmented Reality and Diminished Reality: Do You
Really Know What They Are? Can You Spot the Legal Issues?
MODERATOR
James Gatto, Partner, Sheppard Mullin Richter and Hampton,
Washington, DC
PANELISTS
Patrick McGill, Deputy General Counsel, Meta Company, San Mateo, CA
Brian D. Wassom, Partner, Warner Norcross & Judd, Southfield, MI
2:30 pm–5:30 pm Tennis Tournament (Ticketed)
2:30 pm–4:00 pm Tenth Annual First Amendment and Media Law Diversity Moot
Court Competition Final Round of Oral Arguments
3:30 pm–4:30 pm Digital Communications Committee Meeting
4:30 pm–6:00 pm Women in Communications Law Meeting
Sponsors: Ballard Spahr, Butzel Long, Covington & Burling, Davis
Wright Tremaine, Duane Morris, Fletcher Heald & Hildreth, Haynes
and Boone, Jackson Walker, Kelley Drye, Pepper Hamilton, Vinson
& Elkins, and Wiley Rein
6:00 pm–7:00 pm In-House Counsel Meeting (Open to In-House Counsel only)
6:00 pm–7:00 pm Young Lawyers Committee (Open to Law Students)
March 1–3, 2018 | 97:00 pm Conference Annual Dinner
Sponsors: AXIS PRO, Baker & Hostetler, Ballard Spahr, Bryan
Cave, Butzel Long, Covington & Burling, Davis Wright Tremaine,
Debevoise & Plimpton, Dentons, Duane Morris, Faegre Baker
Daniels, Fox Rothschild, Gibson Dunn & Crutcher, Haynes and
Boone, Hiscox Insurance Company, Inc., Holland & Knight,
Honigman Miller Schwarz and Cohn, Jackson Walker, Katten
Muchin Rosenman, Kelley Drye & Warren, Mandell Menkes, Pepper
Hamilton, Thomas & LoCicero, Vinson & Elkins, Waller Lansden
Dortch & Davis, Warner Norcross & Judd, WilmerHale and Wiley
Rein
DAY 3—SATURDAY, MARCH 3, 2018
7:00 am–1:00 pm Registration and Sponsor Exhibits
7:00 am–8:30 am Continental Breakfast
7:30 am –8:30 am TIPS Media, Privacy, and Advertising Law Committee Meeting
8:30 am –9:30 am Concurrent Workshops–Series B
Workshop 1B: Hot Issues in Access and Newsgathering
Workshop 2B: Hot Issue in Advertising and Promotions
Workshop 3B: Hot Issues in Ethics
Workshop 4B: Hot Issues in Libel and Privacy
Workshop 5B: Hot Issues in Reporter’s Privilege
9:45 am–11:15 am Plenary Session: Forty Years After FCC v. Pacifica Foundation
11:15 am–11:30 am Break
11:30 am–12:30 pm Concurrent Workshops–Series C
Workshop 1C: Hot Issues in Anti-SLAPP and Other
Legislation
Workshop 2C: Hot Issues in Entertainment
Workshop 3C: Hot Issues on International and Cross-
Border Vetting
Workshop 4C: Hot Issues on the Internet and Data Privacy
Workshop 5C: Hot Issues in Social Media
12:30 pm–2:00 pm Luncheon: Breaking News! A Forum Exclusive! A panel of experts
will discuss up-to-the-minute developments in Media Law.
Sponsors: Ballard Spahr; Butzel Long, Covington & Burling; Davis
Wright Tremaine; Duane Morris, Haynes and Boone, Jackson
Walker; Kelley Drye & Warren; Pepper Hamilton; Vison & Elkins;
and Wiley Rein
2:00 pm–5:00 pm Wine Tastings and Winery Tours
You must register and pay in advance to participate in any of
the tastings or tours. This activity is open to attendees and their
families and Annual Conference guests. Must be 21 years old or
older to participate in most tours (check with specific winery). (Ticketed)
5:30 pm–7:00 pm Closing Reception: Cocktails and Hors d’Oeuvres
Sponsors: AXIS PRO, Baker & Hostetler, Ballard Spahr, Bryan
Cave, Butzel Long, Covington & Burling, Davis Wright Tremaine,
Debevoise & Plimpton, Dentons, Duane Morris, Faegre Baker
Daniels, Fox Rothschild, Gibson Dunn & Crutcher, Haynes and
Boone, Hiscox Insurance Company, Inc., Holland & Knight,
Honigman Miller Schwarz and Cohn, Jackson Walker, Katten
Muchin Rosenman, Kelley Drye & Warren, Mandell Menkes,
Pepper Hamilton, Thomas & LoCicero, Vinson & Elkins, Waller
Lansden Dortch & Davis, Warner Norcross & Judd, WilmerHale
and Wiley Rein
10 | 23rd Annual Conference21ST ANNUAL MEDIA ADVOCACY WORKSHOP
March 1, 2018–Napa Valley, CA
Presented by the Training and Development Committee
Please join us for the 21st Annual Media Advocacy Workshop, an opportunity for “on your feet” training and feedback
from deans of the media bar, combining hands-on advocacy training with substantive areas of media law. Participants
break into small group sessions to focus on three different media-law problems based on hypotheticals and
background materials provided in advance: two oral arguments and a pre-broadcast review exercise. Our experienced
faculty members will provide participants with practical insights and useful strategies in media law advocacy.
You must register in advance to participate. The Workshop includes breakfast, lunch and a cocktail reception, and
plenty of opportunity for casual interaction between faculty and participants.
TRAINING & DEVELOPMENT COMMITTEE
CO–CHAIRS Tom Curley, Gannett, Mclean, Virginia
Sarah L. Cronin, Kelley Drye & Warren, Los Angeles, CA David Greene, Electronic Frontier Foundation, New York,
Mark A. Flores, Haynes and Boone, Fort Worth, TX NY
COMMITTEE MEMBERS Evynne Grover, QBE North America, New York, NY
Mark Caramanica, Thomas & LoCicero, Tampa, FL Jean-Paul Jassy, Jassy Vick Carolan, Los Angeles, CA
Mara Gassman, Ballard Spahr, Washington, DC Patrick Kabat, Case Western Reserve University School of
Kimberly R. McCoy, Vinson & Elkins, Dallas, TX Law, Cleveland, OH
Joseph E. Richotte, Butzel Long, Bloomfield Hills, MI Tom Leatherbury, Vinson & Elkins, Dallas, TX
Adrianna C. Rodriguez, Ballard Spahr, Washington, DC Frank LoMonte, University of Florida, Gainesville, FL
Tina M. Salvato, Sheppard Mullin, Century City, CA Paul McAdoo, Aaron Sanders, Nashville, TN
Alison Schary, Davis Wright Tremaine, Washington, DC Paul Safier, Ballard Spahr, Philadelphia, PA
Joseph Tomain, American Media/Radar Online, Aaron Schur, Yelp Inc., San Francisco, CA
Bloomington, IN Deanna Shullman, Shullman Fugate, Tampa, FL
FACULTY OF THE 2018 MEDIA ADVOCACY David Snyder, First Amendment Coalition, San Rafael, CA
WORKSHOP Cameron Stracher, American Media, New York, NY
Brian Barrett, Associated Press, New York, NY Gregg Thomas, Thomas & LoCicero, Tampa, FL
Chad Bowman, Ballard Spahr, Washington, DC Thomas J. Williams, Haynes and Boone, Fort Worth, TX
Tom Burke, Davis Wright Tremaine, San Francisco, CA
The Forum on Communications Law would like to thank the following sponsors for their generous support of
the Workshop: Ballard Spahr, Butzel Long, Covington & Burling, Davis Wright Tremaine, Duane Morris, Haynes
and Boone, Jackson Walker, Jassy Vick Carolan, Kelley Drye & Warren, Pepper Hamilton, Vinson & Elkins and
Wiley Rein.
10TH ANNUAL FIRST AMENDMENT AND MEDIA
LAW DIVERSITY MOOT COURT COMPETITION
March 1–2, 2018
The Forum’s 10th 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. The quarter-final round consisted of teams writing a federal appellate brief based on a hypothetical case
and decision in a federal district court. The four teams with the highest brief scores were awarded a trip to
participate in the Forum’s Annual Conference and to continue in the Competition. Two semi-final rounds, with
students arguing on and off brief, will be conducted on Thursday, March 1, 2018, from 9:00 a.m. through 12:00
noon. The four students with the highest semi-final round oral argument scores will form two new teams and
present arguments in the final round, on Friday, March 2, 2018, from 2:30 p.m. until 4 p.m. The final round will
be judged by the following sitting judges: Judge James E. Graves, Jr., Circuit Judge of the United States Court
of Appeals for the Fifth Circuit, Judge Richard R. Clifton, Circuit Judge of the United States Court of Appeals for
the Ninth Circuit, and another distinguished jurist. We ask everyone not otherwise engaged to attend the oral
arguments and support the potential, future members of the Forum.
COMMITTEE CO-CHAIRS
James C. McFall Robin Luce-Herrmann Rachel E. Fugate
Associate, Bryan Cave Shareholder, Butzel Long Shullman Fugate
San Francisco, CA Bloomfield Hills, MI Tampa, FL
The Committee would like to thank Jennifer Dukarski, Ashley Glime, and Doaa Al-Howaishy with Butzel Long for
drafting the hypothetical for the 2017–18 Competition.
The Committee also would like to thank the attorneys who served as mentors for the students:
David Bralow, First Look Media, New York, NY Leita Walker, Faegre Baker Daniels, Minneapolis, MN
William McDonald, III, Jackson Walker, Houston, TX S. Jenell Trigg, Lerman Senter, Washington, DC
Sponsors: Ballard Spahr, Butzel Long, Covington & Burling, Davis Wright Tremaine, Duane Morris, Haynes and
Boone, Jackson Walker, Kelley Drye & Warren, Pepper Hamilton, Scripps Howard Foundation, Shullman Fugate,
Tantalo & Adler, Vinson & Elkins, Warner Norcross & Judd and Wiley Rein
March 1–3, 2018 | 11CONFERENCE INFORMATION
ADVANCE REGISTRATION: SCHOLARSHIPS: A limited HOTEL RESERVATIONS:
Visit the Communications Law number of scholarships to defray Deadline: February 7, 2018, 5:00
website to register https:// tuition expenses are available pm (CST)
www.americanbar.org/groups/ for this program. For attorneys The Conference, the Media
communications_law.html who qualify will receive a 50% Advocacy Workshop, and the
or complete the registration reduction in the course fee(s). This Moot Court Competition will
form included in this brochure. does not include any reduction take place at the Silverado
Discounts for early-bird in meals, lodging, or travel costs Resort and Spa, 1600 Atlas Peak
registration are available through associated with the course. To Road, Napa Valley, CA 94558.
January 5, 2018. The registration request an application or receive The Silverado Resort and Spa
fee includes admission to all additional information, please has reserved a block of rooms
Conference workshops/sessions, contact Bernadette Steele at for Conference registrants who
continental breakfasts, coffee Bernadette.Steele@americanbar. make their reservations no later
breaks, admission to the Thursday org. Scholarship applications must than Wednesday, February 7,
reception, Friday luncheon and be received by the ABA no later 2018, 5:00 pm (CST). The ABA
dinner, the Saturday luncheon than February 1, 2018 prior to the Forum on Communications
and reception, and Conference program presentation. Law has negotiated a room rate
materials. You can also purchase of $215 plus applicable taxes
tickets for your spouse/guest/child CANCELLATION POLICY: per night. Please visit the URL
for the luncheons and dinner, as Registrants who are unable to at https://aws.passkey.com/
well as the recreational events. attend the program will receive go/2018ABAFORUM or call
All registrations must be paid in a refund of the registration fee 800.532.0500 and reference
full at the time of registration. less a $50.00 administrative ABA Communications Law to
You may register online, by fax, fee if a written cancellation is make your hotel reservations
phone or mail. Complete details received by February 1, 2018. at the Silverado Resort and Spa
are found on the registration form After February 1, no refunds will and receive the ABA negotiated
near the back of this brochure. be granted. Substitutions are rate. Please note the room block
permitted. Cancellations may will sell out quickly, therefore,
be sent by email to the Forum we recommend you make your
ON-SITE REGISTRATION: On-site
on Communications Law at reservations early.
registration will be accepted if
space is available. If you plan to Bernadette.Steele@americanbar.
register on-site, you must call org. The ABA reserves the right to AIR TRAVEL/GROUND
312. 988.5658 at least 72 hours cancel any program and assumes TRANSPORTATION/PARKING:
before the Conference to confirm no responsibility for personal The closest international airports
that space is still available. Failure expenses. to the Silverado Resort and Spa
to call in advance may result in are the Sacramento International
not being admitted to a sold-out CLE CREDIT: The ABA directly Airport about 40 miles away, the
program. On-site registrants are applies for and ordinarily receives Oakland International Airport
required to pay the registration CLE credit for ABA programs in AK, about 50 miles away, or the San
fees by check, Visa, MasterCard, AL, AR, AZ, CA, CO, CT, DE, GA, GU, Francisco International Airport
Discover, or American Express. HI, IA, IL, IN, KS, KY, LA, ME, MN, about 55 miles away. With ABA
No registrations will be accepted MS, MO, MP, MT, NH, NJ, NM, NV, Egencia, you can automatically
without payment. NY, NC, ND, OH, OK, OR, PA, SC, obtain ABA negotiated airfare
TN, TX, UT, VT, VA, VI, WA, WI, and discounts for travel to the ABA
SCHOLARSHIPS FOR LAW WV. These states sometimes do Meetings. Reservations with ABA
not approve a program for credit Egencia can be made online or
STUDENTS: Scholarship
before the program occurs. This offline at www.Egencia.com or
applications are due by
course is expected to qualify for www.americanbar.org/travel or
November 30, 2017. Each
15.00 CLE credit hours (including (877) 833-6285. The Silverado
year, the ABA Forum on
1.0 ethics hours) in 60-minute Resort and Spa estimates ground
Communications Law awards two
states, and 18.00 credit (including transportation to be about
or three full–ride scholarships to
1.2 ethics hours) in 50-minute $214.86 for a Taxi or $217 for
law students to attend the Annual
states. This transitional program shuttle service via a private car.
Conference on Communications
is approved for both newly Most major car rental companies
Law. One scholarship is for
admitted and experienced are located at the International
an international student (an
attorneys in NY. Attorneys may Airport. Complimentary self and
American taxpayer ID number
be eligible to receive CLE credit valet parking are included in the
is required for international
through reciprocity or attorney resort fee.
applicants) and one scholarship
is for a minority student. Hotel, self-submission in other states.
lodging, airfare/transportation, For more information about CLE PERSONS WITH DISABILITIES:
and registration fees (including accreditation in your state, visit If special arrangements are
meals) for both the Media https://www.americanbar.org/ required for individuals with
Advocacy Workshop and the groups/communications_law. disabilities to attend this program,
Forum Conference are all included html. please contact the ABA Forum
in the scholarship. Applications on Communications Law at
can be found at http://ambar. Bernadette.Steele@americanbar.
org/co-amscholarship. org by February 1, 2018.
12 | 23rd Annual ConferenceSOCIAL FRIDAY DINNER: A cocktail
that reflect the geologic origins of
the winery and its world-famous
EVENTS reception followed by dinner
at 7:00 pm is planned for
Cabernet Sauvignon soils. You
will receive a welcome wine,
the evening. Casual dress enjoy a private cellar tour into the
COCKTAIL RECEPTIONS: You and is suggested. Tickets are extensive wine caves, taste four
a guest are cordially invited to complimentary for registrants. wines paired with cheese and a
attend the welcome reception on Tickets for spouse/guest ($90) charcuterie platter.
Thursday, March 1, 7:00 pm-10:00 and for each child ($30) can be $75. First tour: 2:00 pm–3:15 pm.
pm at Copia, 500 1st Street, Napa, purchased. Second tour: 3:45 pm–5:00 pm.
CA, and the closing reception on
Saturday, March 3 at the Silverado SATURDAY LUNCHEON: SATURDAY CLIFF LEDE
Resort. Saturday’s lunch on March VINEYARDS WINE TOUR
3, is also complimentary for AND TASTINGS: Cliff Lede
FRIDAY LUNCHEON: Friday’s registrants, though spouses/ Vineyards was established in
lunch, 12:30 pm - 1:15 pm with guests must purchase a ticket 2002 by Canadian born Bordeaux
our keynote panel: “Virtual ($40) via the attached registration enthusiast, Cliff Lede, in the Stags
Reality, Augmented reality and form. These events made possible Leap District of Napa Valley.
Diminished Reality: Do You Know by the generous contributions of Three years later, a state of the
What They Are? Can You Spot the our sponsors. art, 25,000 square foot winery
Legal Issues?” is complimentary and cave system was etched into
for registrants. Spouses/guests For our afternoon activity on a hillside overlooking the estate
must purchase a ticket ($40) via Saturday, March 3, the Forum vineyards. Today, the flagship
the attached registration form. has arranged three wine tastings Poetry Cabernet Sauvignon and
and tours. Choose the one you Sauvignon Blanc, among other
FRIDAY TENNIS TOURNAMENT: like best. varietals, are sourced from the
If you and/or your spouse/guest steep eastern hillside portion
would like to participate in the SATURDAY PINE RIDGE of the estate. In 2015, Cliff Lede
tennis tournament on Friday VINEYARDS WINE TOUR AND Vineyards achieved both Napa
afternoon, March 2, 2:30 pm - Green Land and Napa Green
TASTING: In the Stags Leap
5:00 pm, complete the attached Winery certification. There are
District, Pine Ridge lies tucked
registration form accordingly. two tour options:
beneath a ridge of pines, with a
$45 (bring your tennis racket). 2:30 pm: Enjoy a private cave tour
full view of the rugged palisades
and taste five wines. $75.
3:30 pm: Enjoy a private, seated
tasting with cheese pairings and
taste four wines. $65
THANK YOU TO OUR SPONSORS
The Forum on Communications Law would like to acknowledge our appreciation for the
generous support of our sponsors.
PASSPORT SPONSORS support all of the Forum’s conferences, programs, WICL, and
activities throughout the 2018 Conference Year:
Ballard Spahr Duane Morris Pepper Hamilton
Butzel Long Haynes and Boone Vinson & Elkins
Covington & Burling Jackson Walker Wiley Rein
Davis Wright Tremaine Kelley Drye & Warren
ANNUAL CONFERENCE SPONSORS support the Forum’s efforts to present the 2018 Annual
Conference:
AXIS PRO Fox Rothchild Mandell Menkes
Baker & Hostetler Gibson Dunn & Mutual Insurance Company
Crutcher
Bryan Cave Hiscox Insurance Paul Hastings
Company Inc.
Debevoise & Plimpton Holland & Knight Thomas & LoCicero
Dentons Honigman Miller Waller Lansden
Schwarz and Cohn Dortch & Davis
Faegre Baker Daniels Katten Muchin Warner Norcross & Judd
WilmerHale
March 1–3, 2018 | 13FOUR WAYS TO REGISTER
❶ REGISTER
ONLINE AT WWW. ❹ MAIL YOUR REGISTRATION FORM TO
AMERICANBAR.ORG/GROUPS/ American Bar Association
COMMUNICTIONS_LAW.HTML Attn: Service Center–Meeting/Event
❷ FAX
YOUR REGISTRATION FORM Registration
WITH CREDIT CARD INFORMATION Attn: CO1803
TO OUR SECURE FAX LINE: 321 North Clark Street, 16th Floor
312.988.5850 Chicago, IL 60654
❸ CALL THE ABA SERVICE CENTER:
800.285.2221 and mention CO1803
EARLY BIRD CONFERENCE REGISTRATION DEADLINE: JANUARY 5, 2018
HOUSING DEADLINE: FEBRUARY 7, 2018
PLEASE PRINT
Name (first, middle initial, last)
Name to be printed on badge
Email Address
Name of Firm/Company/Agency
Address (firm/company/agency)
City State ZIP
Business Phone Business Fax
Name of guest (first, middle initial, last)
Dietary restrictions
You ○ Vegetarian ○ Vegan ○ No shellfish ○ Allergies/Other
Guest ○ Vegetarian ○ Vegan ○ No shellfish ○ Allergies/Other
METHOD OF PAYMENT
Credit Card
○ MasterCard ○ Visa ○ American Express ○ Discover
/
Number Expiration
Cardholder’s Name (please print)
Signature
Check
○ My check made payable to the American Bar Association is enclosed.
14 | 23rd Annual ConferenceANNUAL CONFERENCE Before On or After
1/5/2018 1/6/2018 Quantity Total Due
Forum Member $595 $645
ABA Member / Forum Non-Member $695 $745
Non-ABA Member $795 $845
Non-Profit / Academic $300 $350
Law Students $100 $100
MEDIA ADVOCACY Before On or After
WORKSHOP 1/5/2018 1/6/2018 Quantity Total Due
Forum Member $325 $375
ABA Member / Forum Non-Member $425 $475
Non-ABA Member $675 $750
Law Students $0 $0
Conference, Workshop, or Moot Court $0 $0
Competition Sponsor*
*Passport and Conference sponsors receive 2 free Media Advocacy Workshop registrations per 1 paid Media
Advocacy Workshop registration
TICKETED EVENTS (Free to Registrants. Guests must purchase a ticket.)
Price Quantity Total Due
Friday Luncheon
Guest $40
Friday Dinner
Guest $90
Child (under 17) $30
Saturday Luncheon
Guest $40
TOURS AND SPORTING EVENTS
(The following is not included in your registration fee. All participants must purchase a ticket.)
Price Quantity Total Due
FRIDAY
Tennis Tournament $45
SATURDAY
2:00 pm Pine Ridge Vineyards cellar tour, $75
welcome wine, and 4-wine tasting
2:30 pm C
liff Lede cave tour and 5-wine tasting $75
3:30 pm P
ine Ridge Vineyards cellar tour, $75
welcome wine, and 4-wine tasting
3:30 pm Cliff Lede 4-wine, seated tasting $65
TOTAL CONFERENCE FEES $
JOIN THE FORUM*
○ Lawyers $55 ○ Associates $55 ○ Law Students $0 (Comp)
*You must be a member of the American Bar Association to join the Forum on Communications Law.
To join the ABA and the Forum, please visit http://ambar.org/join. As a member, you are eligible for the
Forum Member pricing.
March 1–3, 2018 | 15Presort First Class
U.S. Postage
PAID
American Bar
321 N Clark St, MS 18.2 Association
Chicago, IL 60654You can also read
