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BLAST
Section
of Science and Technology
Law
750 North
Lake Shore Dr.
Chicago, IL 60610
Editor-in-Chief
Associate Print Editor
Associate Online Editor
Contact Section
Section of Science and
Technology Law Officers
Chair
Chair-Elect
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Immediate Past Section Chair
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IN THIS ISSUE MAY 2001
ANNUAL MEETING IN CHICAGO
Section CLE Programs August 4-6, 2001
All Programs will take place at the Hyatt Regency,
Columbus Hall I/J, Ballroom Level, East Tower
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| SATURDAY, AUGUST 4, 2001 |
| 9:30 a.m.-12:00 noon |
| Back to the Future: A Look Back at Science,
Technology & the Law in the Third Millennium |
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| MODERATORS: |
| Judge Wendell L. Griffen, Arkansas Court of Appeals,
Little Rock, AR; Raymond L. Ocampo Jr., San Mateo, CA
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| Leading scientists, technologists,
and lawyers will provide their visions of the key issues affecting
the future of science, technology, and the law (and thus society
and civilization). The program will include experts in current
issues that are likely to affect society throughout the Third
Millennium, including biogenetic engineering, neuroscience,
nanotechnology, and information technology. |
| SPEAKERS: |
| Roberta Katz,
Chief Executive Officer, Flywheel Communications, San Francisco,
CA; Christine Grant, Commissioner, Department of Health
& Senior Services, Trenton, NJ; Morgan Chu, Co-managing
partner in the law firm of Irell & Manella LLP, Los Angeles,
CA |
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| 2:00 p.m.-3:30 p.m. |
| Netspionage: What Every Lawyer Should Know about Preparing
for and Responding to an Attack on a Client's Computer Network |
| MODERATOR: |
| Clint N. Smith,
UUNET Technologies, Fairfax, VA |
| Through the use of a hypothetical
situation involving a pre-IPO start-up, the panel of experts
will identify and discuss the range of legal issues implicated
by a network attack, including whether to report an incident
to law enforcement, how to confront an employee suspected of
involvement in an attack, when to notify a strategic partner
or potential acquirer that proprietary information may have
been compromised, and how to analyze whether insurance policies
cover the damage from an attack. Audience members will be encouraged
to add their perspectives on the "right" advice to give this
company. |
| SPEAKERS: |
| Michael J. McGuire,
Director and Associate Counsel, GMAC Residential Funding Corporation,
Minneapolis, MN; Ellen Kuo, Majority Counsel, House Financial
Services Comm., Washington, D.C.; Stewart A. Baker, Steptoe
& Johnson, Washington, D.C.; David Lavine, U.S. Department
of Justice, Washington, D.C.; Declan McCullagh, Chief
Washington Correspondent, Wired News, Washington, D.C. |
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| 3:45 p.m.-5:15 p.m. |
| Advising Emerging E-Commerce Actors: Principal Legal Issues
and Practice |
| MODERATOR: |
| Bruno Langlois,
Alain Bensoussan-Avocats, Paris, France |
| An international panel of experienced
practitioners and in-house counsels engaged in the daily practice
of E-Commerce and IT/IP law will interactively present on the
following topics: E-Commerce and IT international contracting;
IP international licensing; Trademark and domain name protection;
Information system security in a global setting; Global E-Commerce
actors governance. The panel's presentations will illustrate
and compare practices in the United States, Europe, and Asia.
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| SPEAKERS: |
| Emmanuelle Hocquard,
General Counsel, Webhelp SA, Paris, France; David R. Taylor,
Solicitor, Lovells, Paris, France; Rainer Bührer, Head
of E-Branch, Interpol, Lyon, France |
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| SUNDAY, AUGUST 5, 2001 |
| 9:30 a.m.-12:00 noon |
| MP3, Napster & Beyond: The Distribution and Protection
of Content on the Internet |
| MODERATORS: |
| William Coats,
Orrick, Herrington & Sutcliffe, Menlo Park, CA; Heather Rafter,
Digidesign, Palo Alto, CA |
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Every week there is a new story about the
battle to protect content on the Internet. MP3 has become
the most popular search term on the Internet, and Napster
has taken the public and recording industry by storm. In an
effort to protect its copyrighted works, both the RIAA and
MPAA have begun filing lawsuits against a wide range of technology
companies. The more suits that are filed, however, the more
new technology appears, raising new and unforeseen legal issues.
This program will explore the legal, political,
and business issues underlying the battle to protect online
content, with an emphasis on the protection of music, movies,
and other audiovisual works. Speakers will include experts
from the entertainment industry, leading intellectual property
and technology lawyers, and executives from online technology
companies.
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| SPEAKERS: |
| Neil Smith,
Howard Rice et al, San Francisco, CA; Matthew Oppenheim,
Sr. VP, Business & Legal Affairs, Recording Industry Assn.
of America (RIAA), Washington, D.C.; Deborah Wagnon,
Of Counsel, Cornelius & Collins and the Fox Law Group, Nashville,
TN; Mark Lemley, Boalt Hall School of Law, Berkeley,
CA; Carl S. Kaplan, Writer, New York Times, New
York, NY; Dan Pritzker, Musician, SoniaDada, Chicago,
IL |
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| 2:00 p.m.-3:30 p.m. |
| HIPAA and Privacy Implementation: Finding a Path Toward
Feasibility and Security |
| Pursuant to the Health Information
Portability and Accountability Act, the United States Department
of Health and Human Services (HHS) promulgated final privacy
regulations in December under the Clinton Administration. In
February, President Bush temporarily suspended implementation
of the regulations pending further review and a 30-day comment
period. In April, HHS Secretary Tommy G. Thompson announced
that the Bush Administration would implement the privacy regulations,
albeit with some modifications. These regulations will have
a far-reaching impact on all health providers and insurance
companies. Consequently, the implementation and interpretation
of these regulations will present some of the most salient and
significant legal and political issues of the first part of
this decade. |
| SPEAKERS: |
| Barbara Fuller,
President, American Health Information Management Association
and Senior Policy Advisor, National Human Genome Research Institute,
Montgomery Village, MD; Alan Goldberg, Goulston & Storrs,
Boston, MA; Linda Kloss, Executive Vice-President/CEO,
American Health Information Management Association,Chicago,
IL; Richard D. Marks, Davis Wright Tremaine LLP, Washington,
D.C.; Ross Rubin, VP of Legislative Affairs, American
Medical Association, Chicago, IL; Joe Halahan, Director
and Counsel for Policy Development, Health Insurance Association
of America, Washington, D.C. Sponsored by the Law Firm of Cummings
& Lockwood |
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| 3:45 p.m.-5:15 p.m. |
| Beyond the Media Hype: What Every Lawyer Needs to Know
About E-Privacy |
| MODERATORS: |
| Ruth Hill Bro,
Baker & McKenzie, Chicago, IL; Ivan Fong, Senior Counsel,
E-Commerce and Information Technology, General Electric Company,
Washington, D.C. |
| Effectively managing privacy risks
- both legal and otherwise - is quickly becoming one of the
top priorities for companies in the U.S. and is seen as key
to their E-Commerce efforts. In fact, privacy has become such
a hot-button issue that the newest senior executive position
in US companies is the chief privacy officer (CPO), who oversees
the development and implementation of privacy policies and procedures,
publicizes corporate efforts on privacy, and responds to consumer
complaints, media inquiries, and government investigations.
Some of this country's chief privacy officers will participate
in a thought-provoking roundtable discussion that goes beyond
the front-page media coverage these e-privacy issues typically
receive. Panelists will explore the primary e-privacy legal
issues that every attorney needs to understand, such as website
privacy policies (and the extensive internal due diligence and
procedures necessary to implement them); online information
collection, use and dissemination practices - what works, what
doesn't; cookies, web bugs, and other passive tracking technologies
and the uneasy status of nonpersonally identifiable information;
privacy issues associated with co-branded sites and strategic
alliances; handling bad press and government investigations;
cross-border employee data flows at Internet speed; and practical
approaches to complying with continually evolving and largely
untested federal and state privacy laws and initiatives, including
the federal financial, medical, and children's privacy laws
and the Safe Harbor principles. Don't wait until privacy problems
threaten the well-being of one of your clients. Attend this
session and you won't be caught napping when it comes to the
E-Commerce legal issue that should be making every attorney
think twice. |
| SPEAKERS: |
| Harriet P. Pearson,
Chief Privacy Officer, IBM, Washington, D.C.; Zoe Strickland,
Chief Privacy Officer, U.S. Postal Service, Washington, D.C.;
Chris Kelly, Chief Privacy Officer, excite@home, Redwood
City, CA; Zeke Swift, Global Privacy Director, Procter
& Gamble, Cincinnati, OH |
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| MONDAY, AUGUST 6, 2001 |
| 9:30 a.m.-12:00 noon |
| Individual Rights and Scientific Research: Protecting Human
Subjects |
| MODERATOR: |
| Gilbert Whittemore,
Of Counsel, Stalter & Kennedy, Boston, MA |
| ORGANIZER: |
| Barbara Mishkin,
Hogan & Hartson, LLP, Washington, D.C. |
| The protection of human subjects
of biomedical research was thought to have been brought under
control in the 1970s by a system of federal regulations and
institutional review committees. In the U.S., however, recent
controversies have arisen, particularly since the death last
year of a young participant in a gene therapy clinical trial.
Federal agencies are now examining the effectiveness of the
institutional review committees and reconsidering issues such
as financial interests by scientists and their institutions
in the products of their research. Meanwhile, one agency halted
research at over a half dozen major universities during the
last two years for violations of the federally mandated review
procedures. The new federal Office of Human Research Protections
has been in operation since June 2000. This session brings together
experienced practitioners from law, ethics, government, and
science to provide an overview of new developments in this area
and to discuss the "hot topics" of the day. |
| SPEAKERS: |
| Anna Mastroianni,
University of Washington School of Law, Seattle, WA; Jeffrey
Kahn, Director, Center for Bioethics, University of Minnesota,
Minneapolis, MN; Greg Koski, Director, Office for Human
Research Protections, Rockville, MD |
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| 2:00 p.m.-5:15 p.m. |
| The Daubert World Gets Bigger: New Kinds of Experts and
New Kinds of Procedures (Two Part Program) |
| MODERATOR: |
| Bert Black, Diamond McCarthy Taylor & Finley, Dallas,
TX |
| This program will address the convergence
of two recent trends - intellectual property litigation relating
to the Internet, computers, and other high tech subject matter,
and increased scrutiny of expert testimony in federal court.
Few judges have had more experience at the intersection of these
trends than the Honorable James Ware of the Northern
District of California. Joining him for this panel discussion
will be Professor Arti Rai of the Washington University
School of Law, who has examined a variety of scientific evidence
issues in an academic context, including the use of scientific
evidence in IP cases. They are joined by two prominent IP practitioners,
Rich DeLucia of Kenyon & Kenyon in New York and Scott
Partridge of Baker Botts in Houston. The panel will be moderated
by Bert Black, an authority on the Supreme Court's Daubert
trilogy who also has experience in IP cases. Sponsored by the
Law Firm of Baker & Botts |
| SPEAKERS: |
| Honorable James Ware,
United States Courthouse, San Jose, CA; Professor Arti Rai,
Washington University School of Law, St. Louis, MO; Scott
F. Partridge, Baker & Botts, Houston, TX; Richard DeLucia,
Kenyon & Kenyon, New York, NY |
| Part II: The Gatekeeper & the Expert |
| MODERATORS: |
| Cynthia Cwik,
Latham & Watkins, San Diego, CA; Deborah Runkle, American
Association for the Advancement of Science, Washington, D.C. |
| Since the U.S. Supreme Court's 1993 landmark
decisions in the so-called Daubert trilogy, judges have
had the increased responsibility of acting as "gatekeepers"
of expert evidence. In order to assist in this "gatekeeper"
task, judges have turned to Federal Rule of Evidence 706 for
appointment of their own experts. This program will examine
the use of court experts, with attorneys and judges speaking
on the strengths and weaknesses related to the use of 706 experts.
An additional speaker, the manager of a project at the American
Association for the Advancement of Science that assists judges
in identifying independent scientists for appointment as court
experts, will report on the progress of this effort. |
| SPEAKERS: |
| Honorable Pamela Ann Rymer,
North Circuit Court of Appeals, Pasadena, CA; Robert Peck,
President, Center for Constitutional Litigation, Association
of Trial Lawyers of America, Washington, D.C.; Edward Warren,
Kirkland & Ellis, Washington, D.C. |
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