Counsel will discuss their experiences coping with the demands of a cross-border legal environment as a practical matter: evaluating international needs, finding and working with counsel, dealing with foreign governments and crisis management. When do you worry that your company’s activities will trigger international scrutiny or liability? Do you have counsel on call in every country where there might be jurisdiction, or just in some? Which substantive legal issues should concern you the most on an international basis? These are just some of the questions our seasoned panel of attorneys will tackle.

Panelists:  Matt Sucherman, VP & Deputy General Counsel, Google, Inc. (Moderator); Ben Allgrove, Partner, Baker & McKenzie LLP (UK); Ben Lee, Legal Counsel, Twitter; Michelle Paulson, Senior Legal Counsel, Wikimedia Foundation; Hilary Ware, VP & Associate General Counsel, Netflix.

Content bundles are fraying as one content producer after another announces that it is going “over the top” – streaming content that is accessible online without the need for a traditional cable television subscription. Format distinctions driven by traditional commercial models are breaking down as network shows rub shoulders with feature films, original programming from the likes of Netflix and Amazon, and YouTube videos. Smart TVs offer menus of on-demand services reminiscent of channel listings, while mobile remains an entirely different game.

How will audiences manage this new world of content? Will “new networks” emerge to draw these strands back together, or will viewers need to adapt to an open environment with diverse sources? A panel of tech journalists with an eye on the future will discuss what’s coming next.

Panelists: Ned Desmond, Chief Operating Officer, TechCrunch (Moderator); Michael Gorman, Editor in Chief, Engadget; Bob O’Donnell, Founder and Chief Analyst, TECHnalysis Research; Martin Peers, Senior Editor, the Information

Some companies are hoping the CDA will protect them even as they engage in activities in the physical world, while at the same time, courts are pushing back in certain areas, even where the claim involves publisher activities. Our expert panel will discuss:

• The real-world impact of Roomates.com‘s “material contribution” standard for participating in the development of the actionable content.

Panelists:  Timothy Alger, Partner, Perkins Coie (Moderator); Patrick Carome, Partner, Wilmer Cutler Pickering Hale & Dorr LLP; Kai Falkenberg, Visiting Professor, Benjamin N. Cardozo School of Law; David Gingras, Attorney, Gingras Law Office, PLLC; Eric Goldman, Professor, Santa Clara University School of Law; Liz McDougall, General Counsel, Backpage.com.

Fair use and the bounds of the transformational use have been front and center in a range of copyright cases this past year. A panel of experts from all sides of the fair use landscape will discuss fair use as it applies to search, digitization and accessibility. Are mass digitization projects simply mass infringement? Is fair use leaving room for legitimate business models? How much transformation is enough? We’ll address all these questions and more.

Panelists: Dave Green, Assistant General Counsel, Microsoft (Moderator); Dale Cendali, Partner, Kirkland & Ellis; Joseph Gratz, Partner, Durie Tangri; Peter Menell, Professor, UC Berkeley School of Law; Joseph Petersen, Partner, Kilpatrick Townsend

Digital Media Venture Capital 2014

This session will continue our tradition of closing the conference with a discussion among venture capital professionals, who will offer their views and forecasts on what to expect in the digital media landscape in the near term.

Panelists: Stephanie Zeppa, Partner, Sheppard Mullin (Moderator); Stephen Bernardez, Principal, ONSET Ventures; Saad Khan, Partner, CMEA Capital; Ray A. Rothrock, Partner Emeritus, Venrock; Robert Siegel, General Partner, XSeed Capital

Online Advertising Mashup

This session will explore the biggest issues in online advertising today, including:

Panelists:

Digital Media in the Age of NSA Surveillance

This panel will cover the implications of US spying and data-collection on American digital media domestically and around the world, and explore how digital companies should respond in the wake of government demands for user information.  Should digital companies be standing up for their users’ privacy and be more transparent about government intrusions – and practically speaking – can they in the current legal environment? Among other things, the panel will be walked through a hypothetical government investigation to underscore the limited options in-house counsel may face in the wake of a national security-based inquiry.

Panelists:  Peter Canfield, Partner, Jones Day (Moderator);  Stewart A. Baker, Partner, Steptoe & Johnson LLP; Susan Freiwald, Professor of Law, University of San Francisco School of Law; Nate Jones, Attorney, Microsoft Corp.; Marc J. Zwillinger, Foundier, Zwillgen PLLC

Scraping Content: the CFAA, DMCA, and Terms of Use

The Computer Fraud and Abuse Act—created in response to fears of cybercriminal attacks—has morphed into a potential tool for policing third-party scraping and access to websites. How and why are content hosting websites, such as LinkedIn, craigslist, and Facebook using the CFAA to police third-party uses of their and their users’ content? What are the risks for entities using third-party sites, such as data scrapers? What are the key issues, limits, and unresolved questions for CFAA enforcement, and how does the CFAA interact with other “access”-based statutes?

Panelists: Benjamin Glatstein, Senior Attorney, Microsoft Corp. (Moderator); Jonathan Blavin, Partner, Munger, Tolles & Olson LLP; Neel Chatterjee, Partner, Orrick, Herrington & Sutcliffe LLP; Hanni Fakhoury, Staff Attorney, Electronic Frontier Foundation; Aaron Schur, Senior Director of Litigation, Yelp Inc.

Digital Video Convergence

With all of the various video distribution platforms now in wide use: Web, iTunes, TiVo, Consoles, Slingbox-type forwarding, over-the-top (Netflix, Amazon, Hulu), Cable, and Broadcast, this panel will address the business environment, business models and legal challenges of putting together video content deals in the digital age.  We will invite business development people and/or lawyers from a device maker, an online portal, a subscription service and a traditional media company to discuss the various business models that compete for eyeballs on digital video platforms.

Panelists:  Jordan Gimbel, Senior Director, Legal, Yahoo Inc. (Moderator); Brian Andersen, Partner, LUMA Partners (Presentation); Bob Heldt, Director of Engineering, Netflix; Karen M. Kramer, Founder & Managing Attorney, Zing Legal; Tara Maitra, SVP, General Manager, Content & Media Sales, TiVo, Inc.; Shashi Seth, President, Tribune Digital Ventures.