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Thursday, March 24, 2005

Cyberspace in Music City

The ABA's Cyberspace Law Committee will be involved in a lot of things at the upcoming meeting in Nashville, and they'd love to have more law professors get involved.  They're involved in a wide range of activities, including issues of electronic contracting.  One panel of particular interest, which includes Chris Kunz and Dan Kleinberger of William Mitchell, will deal with indemnification clauses, and there's an excellent intro section for those who want a grounding in the basics of the e-commerce phenomenon.  For Committee Chair Vince Polley's invitation, click below.

From Vince Polley,
ABA Cyberspace Law Committee

Earlier this week, the Business Law Section circulated the program book for Nashville. As you plan your calendar, I encourage you to include all of the programs sponsored by the Cyberspace Committee or planned by our Committee colleagues. (Spring Meeting registration information, program schedules, and more is at http://www.abanet.org/buslaw/2005spring/.) For your convenience, I’m including the program times and descriptions below.

For newer lawyers—and lawyers new to cyberspace practice—the Cyberspace Committee will present a "basics" panel at the Young Lawyers Institute.  The ABCs of "E" (and "D")—What Every Business Lawyer Should Know About the Law of Electronic Commerce (and Discovery) will survey the basics of electronic contracting, jurisdiction, privacy, intellectual property, security and discovery. The ABCs program will be Thursday, March 31, 2005 from 11:30 a.m.-1:00 p.m. Renaissance Hotel, Fisk Room One, 2nd Floor.

Also, bring your laptops and your Wi-Fi cards. The Section will again be wiring the Spring Meeting hotel for Wi-Fi. If you don't bring a laptop, the Section will be providing a computer lab with high speed Internet access and printers for free, but there may be a wait during peak hours.

And, not to be missed, the Cyberspace Committee Dinner at the famous Wildhorse Saloon. The Committee Dinner will be Saturday, April 2, 2005 beginning at 6:30. The Wildhorse Saloon is renowned for the very best in live country entertainment, and the menu will include Wildhorse’s award winning smoked BBQ Pulled Pork Shoulder. Bring your best dancing shoes—free line dancing lessons will be offered all night. The Wildhorse promises "It’s country that kicks!" Dinner will be $45 per person and a cash bar will be located in our room.

We look forward to seeing you in Nashville.

                   Events

Thursday, March 31, 2:30-4:30 p.m., Convention Center 2d Floor, Room 209.
Cyberspace Law Committee members should take particular note of the UCC Committee program Pitfalls of Indemnification Clauses.  Chaired by Chris Kunz, the panel will focus largely on commercial indemnification clauses, including quite a bit of material on cyberspace and licensing issues contributed by Kate Andresen, who has considerable expertise about application service providers, and Joe Beckman, who is outside counsel for Digital River. The panel also includes Paula Duggan Vraa, an insurance law expert, and Prof. Daniel Kleinberger, who has been a reporter on the Uniform Limited Partnership Act and the Uniform LLC Act, in addition to his previous expertise in UCC Sales law and plain language contract drafting. It promises to be a lively panel, with no shortage of stories about what to guard against to keep your indemnification clauses from going awry.

Friday, April 1, 9:00-10:00 a.m., Convention Center 2d Floor, Room 204. Plenary Committee Meeting. During this plenary session we will have two "Hot Topics" presentations:
* RiskE Contracts: Threats to your online contracts in Europe by John Gregory and Don Clifford. This presentation will explore why 30 of the provisions of AOL France’s subscriber agreement were invalidated by a French court and explain how four European Union Directives could broaden the threat to 24 other countries.
* Director’s Guide on Data Governance by Roland Trope and Michael Power. This presentation will review directors’ emerging obligations for data governance (e.g., maintaining appropriate/adequate security measures) and identify topics that directors should discuss with senior management in order to fulfill such obligations and avert the risks of liability for material deficiencies in their organization’s digital security.

Friday, April 1, 10:00 a.m.-12:00 p.m., Convention Center 2d Floor, Room 204.
The Life Story of a Prepaid Card Program. Richard Hackett and Robert Ledig co-chair will this program addressing the legal, regulatory and strategic considerations associated with the development, structuring, implementation, operation and termination of two popular types of prepaid card programs: payroll cards and open system gift cards. The program will highlight the range of issues that face banks, non-banks and other card issuance participants in designing these products. This program is co-sponsored by the Consumer Financial Services Committee.

Friday, April 1, 2:30-4:30 p.m., Convention Center 2d Floor, Room 204.
Strategies for Modifying Electronic Agreements and Policies.  Kathleen Porter and Chris Kunz will co-chair this program offering helpful and practical strategies for modifying electronic standard-form agreements, such as click-through and browse-wrap agreements. The panelists will discuss key issues involved in modifying terms of use and other electronic agreements.

Saturday, April 2, 8:00-10:00 a.m., Convention Center 2d Floor, Room 209.
Spam-Fighting Technologies and Their Legal Implications.  Elizabeth Bowles chairs this program examining SPAM and "malware," which continue to plague the Internet, and the automated technology to which many have turned to stem the flood. Unfortunately, in blocking the bad, these potent technologies may also unintentionally block, destroy or delay crucial legitimate communications. This program examines current anti-spam technologies and the potential legal implications and pitfalls of their unintended effects.

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