Media & the Law Seminar
Each year, the University of Kansas School of Law and the Kansas City Metropolitan Bar Association Media Law Committee join together to host the Media and the Law Seminar in Kansas City, along with other local events, to facilitate and encourage dialogue about the latest legal issues and developments in media, law and technology.
The 27th Annual Media & the Law Seminar
"When Bytes Bite Back"
Friday, April 25, 2014
8 a.m. - 4:15 p.m.
As the world becomes increasingly populated by connected devices that collect and share information, our digital lives are recorded byte by byte. The ability to immediately access and share this data creates many benefits, but our digital gratification also raises profound concerns about data privacy, security and liability. Every post, click, ping and text leaves behind an indelible trail of information that can be used by third parties, including employers, prospective employers, opposing counsel, marketers and governmental agencies, to create digital dossiers. Against this wired backdrop, a unique tension exists in the workplace as email, text and social media have replaced the water cooler, and employees increasingly use company time — and company devices — to manage their virtual lives, giving rise to host of legal and HR headaches for employers.
Experts will discuss the inherent conflict that exists between access, privacy and the First Amendment. An ethical dilemma will unfold as the uninhibited “P-Dawg,” an ethically challenged attorney, googles paneled jurors and sifts through their social media pages looking for bias to help his client’s case. Similarly, can employers gain access to employee Facebook pages to search for incriminating posts? How can we get access to, and control over, the vast amount of personal information that government agencies and private companies collect and keep about us? A panel will explore what is being done by individuals and companies to rehabilitate damaged reputations, and the challenges it presents for journalists and other news gatherers when online history is rewritten. Our luncheon speaker, who is a public relations expert and currently manages travel logistics for the Obama administration, will discuss the challenge of managing communications — and reputations — in this fast-paced digital environment. Panelists will also discuss how attorneys can help clients minimize risk, including employment practices, network security and intellectual property liability, which are inherent in today’s wired environment. These important issues and more will be discussed.
Once again, we are pleased to offer a free session on Thursday afternoon for attendees who have registered for the Friday program. This year’s panel will highlight disappearing media and advertising insuring agreements under the CGL policy and related coverage issues. This is problematic for non-media companies who increasing rely on their CGL policy for claims arising from corporate communications. Two hours of Insurance Continuing Education credit are available in Kansas (Missouri pending) for insurance professionals attending this informative session.
"Tweeting" and "liking" on the job and the issues
social media creates for employers and employees
Partner, Polsinelli, Kansas City, MO
Executive Vice President, Barkley Inc., Kansas City, MO
William C. Martucci
Partner, Shook, Hardy & Bacon, Kansas City, MO
Edward T. McNally II
Global EPL Practice Leader, CNA, Kansas City, MO
Insuring Social Media - Media Companies (PDF)
Insuring Social Media - Commercial Liability (PDF)
National Employment Perspective (PDF)
Who Owns Social Media - You or Your Employees? (PDF)
Social Media Exposures (PDF)
Social Media Issues (PDF)
Tweets from the Office (PDF)
The challenges Artificial Intelligence poses for copyright law
Moderator: Marcia B. Paul
Partner, Davis Wright Tremaine, New York, NY
Professor Peter Jaszi
Faculty Director of the Glushko Samuelson Intellectual Property Clinic, American University Washington College of Law, Washington, DC
Albert P. Mauro, Jr.
Assistant General Counsel, Hallmark Cards, Kansas City, MO
Kip Haaheim, Ph.D.
Associate Professor Music Composition, University of Kansas, Lawrence, KS
Copyright Meets I Robot Presentation (PDF)
Code of Best Practices (PDF)
The propriety of using social media to investigate and monitor jurors
Moderator: Thomas B. Kelley
Partner, Levine Sullivan Koch & Schulz, Denver, CO
Partner, Jackson Walker LLP, Houston, TX
Luke J. Gilman
Associate, Jackson Walker LLP, Houston, TX
Patrick Groshong (P-Dawg)
Assistant Vice President - Claims, AXIS Insurance, Kansas City, MO
Leonard M. Niehoff
Counsel, Honigman, Ann Arbor, MI
Jury Research and Social Media
Ethical Issues that Arise from Social Media Use in Courtrooms
More from the Jury Box
Social Media Map (PDF)
Recovering after data exposure
Moderator: Blaine Kimrey
Partner, Lathrop & Gage, Chicago, IL
Deputy General Counsel, Mandiant, a division of FireEye, Inc., Kansas City, MO
Vice President - Account Executive, Global Technology and Privacy Practice, Lockton Companies, Kansas City, MO
Partner, Holland & Knight, Washington, DC
Data Breach Not Covered by GL Policy (PDF)
Media, Privacy & Beyond (PDF)
Resnick v. AvMed (PDF)
Sony Breach Not Covered
Sony Claim Denied
Zurich American Insurance Company v. Sony - Notice of Appeal (PDF)
Zurich American Insurance Company v. Sony - Pre-Argument (PDF)
Working Data Breach (PDF)
Finding and managing the digital files others keep about you
Moderator: Joseph E. Martineau
Member, Lewis Rice Fingersh, LC, St. Louis, MO
President, Sage Information Services, Glenn Ellen, CA
Associate Director, Electronic Privacy Information Center, Washington, DC
Jonathan A. Strauss
Member, Sapienta Law Group, Minneapolis, MN
Investigative Producer, KSHB-TV, Kansas City, MO
2014 TSPA Response Letter (PDF)
The New York Times - Data Broker
Cook v. ACS State & Local Solutions, Inc. (PDF)
Data Broker Industry Senate Report (PDF)
NSA Spying on Virtual Worlds, Online Games
Protecting Citizen's Private Driver's License Information - Page 1 (PDF)
Protecting Citizen's Private Driver's License Information - Page 2 (PDF)
Kendall Exhibit (PDF)
Stores Can Track Where You Go, Using Your Phone
How to rehabilitate, restore or rewrite damaged online reputations, and the legal and ethical issues this raises for journalists
Moderator: Mark Sableman
Partner, Thompson Coburn LLP, St. Louis, MO
Professor Deni Elliott
Eleanor Poynter Jamison Professor of Media Ethics and Press Policy, University of South Florida, St. Petersburg, FL
David S. Korzenik
Partner, Miller Korzenik Sommers LLP, New York, NY
Leslie Grace Hobbs
Director, Public Relations, Reputation.com, Redwood City, CA
SPJ Code of Ethics (PDF)
RTDNA Code of Ethics (PDF)
Georgia's Expungement Law (PDF)
2014 Addition to Georgia's Expungement Law (PDF)
Georgia's Mugshot Law (PDF)
2014 Addition to Geogia's Mugshot Law (PDF)
Reputation Management Developments (PDF)
Kinney v. Barnes - Petitioner's Brief (PDF)
Kinney v. Barnes - Defendant's Brief (PDF)
Kinney v. Barnes - Petitioner's Reply Brief (PDF)
Kinney v. Barnes - EFF's Amicus Brief (PDF)
The Longtail of News: To Unpublish or Not To Unpublish (PDF)
The Web Means the End of Forgetting
ABA TIPS Media and Defamation Torts Committee and
Thursday, April 24, 2014
4 p.m. - 5:45 p.m.
Non-media companies have increased media exposure arising from advertising, social media, websites, newsletters, white papers and other corporate communications. Unfortunately, the Commercial General Liability Policy - the "go to" policy for most business-related lawsuits - provides less coverage than ever before for invasion of privacy and intellectual property claims. This industry panel will discuss the evolution of disappearing personal and advertising injury coverages, strategies for resolving coverage disputes and whether non-media companies should seek coverage from specialty insurance markets for comprehensive coverage. This program will be entertaining, as well as informative.
Moderator: James Holmes
Partner, Sedgwick, LLP, Los Angeles, CA
Area Senior Vice President, Arthur J. Gallagher, New York, NY
Cassandra S. Franklin
Managing Attorney - Coverage Counsel, Fireman's Fund Insurance Company, Los Angeles, CA
Partner, Neal, Gerber & Eisenberg LLP, Chicago, IL
CLE Speaker and Client Relationship Manager, MagiCLE Presentations and Carl Warren & Co., Fairway, KS
|April 24, 2014|
|Now You See It, Now You Don't...
(if attending the Seminar on April 25, 2014)
|Now You See It, Now You Don't...||$40|
|April 25, 2014|
|Member of the Public||$110|
- Country Club Plaza - Across the street from the InterContinental Hotel at the Plaza, the 15-block district is one of Kansas City's popular retail, dining and entertainment destinations.
- Westport - A fusion of local eateries, fashionable boutiques and hot night spots compounded with remnants of the neighborhood's historic past, this entertainment district boasts a rich history as the oldest established community in Kansas City. More than 150 years ago, Westport marked the passage into the western frontier and set the foundation for what it is today: a thriving shopping center and entertainment district.
- Crossroads Arts District - Kansas City's eclectic enclave hosts boutique shops, one-of-a-kind restaurants, creative businesses, studios and art galleries.
- Kansas City Power & Light District - Spread over a half-million square feet, the Kansas City Power & Light District is the Midwest's premier entertainment epicenter. With more than 50 unique and captivating shops, restaurants, bars and entertainment venues, the district offers something for everyone.
About Media and the Law
Since 1987, the Media and the Law seminar series has brought together lawyers, judges and others to discuss legal issues and trends in media, law and technology. Initiated by leadership in the Kansas City media liability insurance community, the seminar is planned by local area media lawyers, journalists and educators and coordinated by the University of Kansas Continuing Education staff. From the latest First Amendment litigation to emerging social media risks, the "hot topics" of each year are explored and debated by a panel of experts and distinguished speakers.
For questions, contact KU Continuing Education at:
KU Continuing Education
1515 Saint Andrews Drive
Lawrence, KS 66047-1619
Phone: 785-864-5823 or (toll free) 877-404-5823