Tuesday, Nov 19

9:30AM-10:30AM   

  

The Future of Smart Contracts

Stafford Matthews

Dentons

You may not be interested in smart contracts, but smart contracts will be interested in you and your company. This program will provide you with core competencies in smart contract issues that you will need when the GC or Board comes calling. Our topics will include (1) a 5 minute summary of blockchain technology, (2) the role of blockchain as foundational for self-executing "smart contracts", (3) proposed use cases for these kinds of contracts for companies, (4) how smart contracts are currently constructed and implemented, and (5) a series of open legal issues and pitfalls with the technology that you must understand as company counsel. This will be a hype-free presentation in a hype-rich field and will separate fact from fiction.

Tuesday, Nov 19

10:50AM-12:20PM   

  

Privacy Issues in Technology Licensing

Jennifer Stanley & Jonathan Millard

Fenwick & West LLP

Beyond general warranties and limits on liability, privacy-related provisions are an increasingly important part of technology agreements. However, with the variety of Silicon Valley companies, one size never fits all. This discussion will explore privacy-related clauses in technology licenses, focusing on their key elements and variations to suit different company circumstances and objectives.

Tuesday, Nov 19

1:45PM-2:30PM   

  

Complex Issues in Managing Software Eco-systems

Vladimir Khodosh

Kirkland & Ellis LLP

Success stories and strategies regarding legal resource interactions with software engineers and procurement departments at strategic operating companies. The presentation will include evaluating software touchpoints including commercial software acquisition, interdependencies with open source governance, and big picture considerations for product strategy and M&A opportunities. Some practical guidelines for structuring software acquisitions to account in advance for deployment changes (such as on-premises to mobile or SaaS), potential acquisitions and divestments, and responding to software-related disputes will be discussed.

Tuesday, Nov 19

2:40PM-3:25PM   

  

Through A Judge's Eyes: How Courts View Your Terms Of Service

Albert Giang/David Ikenna Adams/Bob Studley

Boies Schiller Flexner LLP/Eaze/Airbnb

In-house counsel prepare Terms of Service (TOS) to notify users about the conditions for using their technology and to protect their companies (e.g., arbitration clauses). But in-house counsel rarely see how those TOSes are enforced in actual litigation, and how they are scrutinized by courts. Come hear this distinguished panel - with outside counsel who regularly defends TOSes and in-house counsel who have had their TOSes litigated - discuss new developments in TOS enforcement, judicial skepticism about online agreements, and best practices for making your TOS more defensible. And watch a moot oral argument based on actual TOS questions and criticisms from real cases, to understand how your TOS translates in the real world.

Tuesday, Nov 19

3:45PM-4:45PM   

  

The Legal Department's Role in the Digital Revolution

John Gibson/Jennifer Prioleau

Crowell & Moring LLP/HP Inc.

The digital revolution is disrupting daily business and life in virtually every industry. The move from analog to digital is vast and rapid, featuring the Internet of Things (IoT), artificial intelligence, robotics, autonomous vehicles, blockchain, and 3D printing. Amid this digital transformation, new products and services are moving to market far before the regulatory landscape has taken form or courts have weighed in. To keep pace, law departments must build legal, regulatory, policy, and business strategies that plan for the velocity of innovation and disruption and anticipate a world of unknowns and uncertainties. Using the example of 3D printing to illustrate the issues that confront business engaged in the digital revolution, this presentation will focus on the leading-edge law functions, including conventional risk, liability and mitigation, that allow businesses to take smart risks and bring breakthrough products and services to market with speed, agility and safety.