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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"

Managing Liability, Privacy and Free Speech
from Cubicle to Courtroom
 
InterContinental Hotel at the Plaza - Kansas City, Missouri

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.

Tweets from the Office or #URSOBUSTED 

"Tweeting" and "liking" on the job and the issues
social media creates for employers and employees

Moderator:
Karen Glickstein

​Partner, Polsinelli, Kansas City, MO

Panelists:
Jeff Fromm

​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


Materials:
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)

Copyright Meets I, Robot

The challenges Artificial Intelligence poses for copyright law

Moderator: Marcia B. Paul
Partner, Davis Wright Tremaine, New York, NY

Panelists:
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

Materials:
Copyright Meets I Robot Presentation (PDF)
Code of Best Practices (PDF)

The Ethics of Jury Cyberstalking

The propriety of using social media to investigate and monitor jurors

Moderator: Thomas B. Kelley
Partner, Levine Sullivan Koch & Schulz, Denver, CO

Panelists:
Charles Babcock

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

Materials:
Jury Research and Social Media
Ethical Issues that Arise from Social Media Use in Courtrooms
More from the Jury Box
Social Media Map (PDF)

Psst, Your P.I.I. is Showing

Recovering after data exposure

Moderator: Blaine Kimrey
Partner, Lathrop & Gage, Chicago, IL

Panelists:
Rebecca Stroder
Deputy General Counsel, Mandiant, a division of FireEye, Inc., Kansas City, MO
Michael Born
Vice President - Account Executive, Global Technology and Privacy Practice, Lockton Companies, Kansas City, MO
Christopher Cwalina
Partner, Holland & Knight, Washington, DC

Materials:
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)

Tunneling through the Data Mines

Finding and managing the digital files others keep about you

Moderator: Joseph E. Martineau
Member, Lewis Rice Fingersh, LC, St. Louis, MO

Panelists:
Roger Hurlbert
President, Sage Information Services, Glenn Ellen, CA
Ginger McCall
Associate Director, Electronic Privacy Information Center, Washington, DC
Jonathan A. Strauss
Member, Sapienta Law Group, Minneapolis, MN
Karen Dillon
Investigative Producer, KSHB-TV, Kansas City, MO

Materials:
2014 TSPA Response Letter (PDF)
The New York Times - Data Broker
Cook v. ACS State & Local Solutions, Inc. (PDF)
McDonough Sued
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

Extreme Makeover: Reputation Edition

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

Panelists:
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

Materials:
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

Luncheon Speaker

Roshann Parris is CEO and founder of Parris Communications Inc., a PR and strategic communications firm specializing in crisis communications and media relations. Since its founding in 1988, the firm has built a national clientele, including Fortune 50 companies. While running her firm, Parris also worked as lead advance for President and Hilary Clinton during the entirety of the Clinton presidency. Her White House work continued with the Obama administration, organizing trips for both President and Michelle Obama. Parris serves on numerous civic and philanthropic boards and is this year's chairwoman of the Greater Kansas City Chamber of Commerce. She earned a bachelor's degree from Indiana University and an MBA from the University of Kansas. She and her husband have five children, four grandchildren and two golden retrievers, who rule the roost.
 

Bonus Session

A Joint Presentation by the
ABA TIPS Media and Defamation Torts Committee and
KCMBA Media Law Committee

Thursday, April 24, 2014
4 p.m. - 5:45 p.m.

Now You See It, Now You Don't...

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

Panelists:
Adam Cottini
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
Seth Lamden
Partner, Neal, Gerber & Eisenberg LLP, Chicago, IL
Larry Warshaw
​CLE Speaker and Client Relationship Manager, MagiCLE Presentations and Carl Warren & Co., Fairway, KS

Materials:
Now You See It, Now You Don't... Presentation (PDF)
Now You See It, Now You Don't... Policy Language Hypotheticals (PDF)
Advertising Injury Coverage for Unauthorized Use (PDF)
California Civil Code Section 2860 (PDF)
CGL Does Not Stand for "Cyber General Liability" (PDF)
ISO Broadens Personal and Advertising Injury Coverage Gaps (PDF)
ISO Broadens Personal and Advertising Injury Coverage Gaps - MRC Revisions (PDF)
Ways the Virtual World Rocks the Real World (PDF)
 

General Information

CLE/Insurance CE Credit
A total of 9 CLE credit hours, including 1 hour of ethics, have been approved by the Kansas CLE Commission, as well as in Missouri, New York and California. The seminar support staff will provide onsite assistance to attendees who plan to apply for CLE credit from other jurisdictions. Also this year the Kansas Insurance Department has approved 2 CE hours for the Thursday "Now You See It, Now You Don't..." session and approval is pending for Missouri. Certificates will be issued after the seminar for Insurance documentation.
 
Registration Fees
 
April 24, 2014
Now You See It, Now You Don't...
(if attending the Seminar on April 25, 2014)
No Charge
Now You See It, Now You Don't... $40
April 25, 2014
KCMBA Lawyer $325

Non-KCMBA Lawyer
(registered by March 28, 2014)

$350

Non-KCMBA Lawyer
(registered after March 28, 2014)

$400
Journalist/Media $60
Educator $60
Member of the Public $110
Full-Time Student $55

Luncheon Only
(available after March 28, 2014; preference will be given to seminar registrants)

$50
 
Location & Parking
InterContinental Hotel at the Plaza, 401 Ward Parkway, Kansas City, Missouri
Hotel guest valet parking is $18 a day or self-park for $15 a day. Participants commuting to the seminar can park during the day at the InterContinental at no cost.
 
Lodging
A block of rooms has been reserved at the InterContinental Hotel at the Plaza until 5 p.m. on March 28, 2014. After that date, room availability and rate cannot be guaranteed. Please make your reservations by calling 866-856-9717, or register online at www.kansascityic.com. To receive the special seminar rate of $184, mention that you will be attending the University of Kansas Media and the Law Seminar, or use the group code M14 when registering online.
 
Kansas City Attractions
Thinking of enjoying the weekend in Kansas City after the seminar? There are attractions and events for everyone, including:
  • 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.
For additional information on the above attractions and Kansas City events, visit www.visitkc.com.
 
Program Accessibility
We accommodate persons with disabilities. Please call 785-864-5823 or mark the space on the registration form and a KU Continuing Education representative will contact you to discuss your needs. To ensure accommodation, please register at least two weeks before the start of the seminar. The University of Kansas is committed to providing programs and activities to all persons, regardless of race, religion, color, national origin, ancestry, sex, age, disability and veteran status. In addition, university policies prohibit discrimination on the basis of sexual orientation, marital status and parental status.
 
Nondiscrimination Policy
The University of Kansas prohibits discrimination on the basis of race, color, ethnicity, religion, sex, national origin, age, ancestry, disability, status as a veteran, sexual orientation, marital status, parental status, gender identity, gender expression and genetic information in the University's programs and activities.  The following person has been designated to handle inquiries regarding the non-discrimination policies: Director of the Office of Institutional Opportunity and Access, IOA@ku.edu, 1246 W. Campus Road, Room 153A, Lawrence, KS, 66045, (785)864-6414, 711 TTY.
 
Privacy Policy
KU Continuing Education does not share, sell or rent its mailing lists. You have our assurance that any information you provide will be held in confidence by KU Continuing Education. We occasionally use mailing lists that we have leased. If you receive unwanted communication from KUCE, it is because your name appears on a list we have acquired from another source. In this case, please accept our apologies.
 
Refund and Cancellation Policy
A full refund of registration fees, less a $50 administrative fee, will be available if requested in writing and received by April 18, 2014. No refunds will be made after that date. A $30 fee also will be charged for returned checks. (Please note that if you fail to cancel by the deadline and do not attend, you are still responsible for payment.) KU Continuing Education reserves the right to cancel the 27th Annual Media and the Law Seminar and return all fees in the event of insufficient registration.  The liability of the University of Kansas is limited to the registration fee.  The University of Kansas will not be responsible for any losses incurred by registrants, including but not limited to airline cancellation charges or hotel deposits.

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
Email: kuce@ku.edu

 

Register Online for the Media & the Law Seminar

Payment is required at the time of registration. Only registrations accompanied with payment will be accepted. Please register in advance. Fees include continental breakfast, lunch and refreshments.

Online registration is preferred, but if you need to register by phone, you can call one of our Registration Specialists at the number below:

Register by Phone
785-864-5823 or 877-404-5823 (toll free)

Register by TDD
800-766-3777

Past Seminars

2013 | 2012 | 2011 | 2010 | 2009 | 2008
2007 | 2006 | 2005 | 2004 | 2003

Why KU
  • One-third of full-time faculty have written casebooks used at U.S. law schools
  • 2 KU law faculty were U.S. Supreme Court clerks
  • KU’s Project for Innocence: 28 conviction reversals since 2009
  • 7,300+ alumni live in all 50 states and 18 foreign countries
  • Routinely ranked a “best value” law school
  • 12 interdisciplinary joint degrees
  • 26th nationwide for lowest debt at graduation. — U.S. News & World Report
  • 23rd nationally among public law schools. “When Lawyers Do the Grading,”
    —U.S. News & World Report
  • 70 percent of upper-level law classes have 25 or fewer students
  • 37th: for number of law graduates who are partners at nation’s largest law firms