January 27 - February 2, 2021 - American Bar Association
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January 27 – February 2, 2021
Virtual Conference26th Annual Conference of the Forum on Communications Law
ABOUT THIS EVENT
The Annual Conference will bring you what you have come to expect every year - stimulating plenaries,
robust workshop discussion and intensive legal analysis by panelists, facilitators, and faculty.
However, this year’s conference will be unique in two ways. The conference will be presented virtually over
five (5) consecutive weekdays and support the Forum’s 2021 initiative to increase diversity, equity and
inclusion in the media and communications bar.
There will be more than the four (4) traditional plenaries, and you will have seven (7) opportunities to attend
live Workshops (rather than the usual 4). There will also be on-demand pre-recorded sessions. In the end,
more than 27 hours of CLE will be available for less than half the price of previous years’ registration fees.
Here are some of the headlines:
• The Power of Storytelling through Film: Stephanie Abrutyn and Dale Cohen will examine the law
on documentary productions;
• Breaking the Barriers: Developing the Future & Diversifying the Media: Mark Flores will discuss
with industry leaders the potential and blueprints for building a brighter future;
• Global Privacy in the Newsroom: Robin Luce-Herrmann will focus on the expansion of the Right of
Privacy in the EU and US, and the impact on advertising;
• CDA Section 230: Gloria Shaw will discuss the current state of Section 230;
• Retrospective on Tasini: Eric Schroeder will explore the legacy and relevancy of this 2001 case;
• The Media’s Role in Covering Protests and Controversy: James McFall will lead a discussion on
the media's coverage of protests and the unique challenges faced by diverse journalists when
covering protests.
Additional programming will include relevant discussions on the topic of diversity, equity and inclusion as well
as new programs aimed at increasing opportunities for the next generation of media lawyers.
A portion of your registration fees goes directly toward assisting diverse students and young
lawyers to enter the field of media and communications law.
NEW INITATIVES
Sponsoring a Law Student
The Forum invites attendees to consider sponsoring a law student this year. Your sponsorship will pay for a
law student to attend the Leadership Academy for free. You may identify a specific student to sponsor or
allow the Forum to select a student that submits a scholarship request. You can commit to the “Sponsor a
Law Student” program when completing your conference registration. The sponsorship cost will be added to
your registration fees.
“Rising Star” Facilitators
A new category has been added to the list of Workshop facilitators, a “Rising Star.” This new category is
intended to open the doors to the next generation of lawyers by pairing them alongside the Lead Facilitator
as the facilitators work to develop the materials for the Annual Conference. This initiative builds for the future
while allowing members to develop relationships across the Forum. Although the Forum has been identifying
rising stars for a few years, this commits us to identifying and fostering the development of young associates
at the Annual Conference.
226th Annual Conference of the Forum on Communications Law
Digital and Media Advocacy Leadership Academy
Designed for law school students and attorneys with 10 or less years in practice, the Forum developed this
new program to expose young and diverse lawyers with an interest in media and communications law to
learn the basics of this varied area of practice.
This program is part of the Forum’s commitment to diversity, equity and inclusion, and incorporates the
successful Media Advocacy Workshop into its programming.
The Leadership Academy will feature four components:
1. Plenaries on leadership and diversity, facilitated by senior executives and leaders from various
backgrounds, panels will discuss the meaning of true leadership;
2. Skills workshop, in the Media Advocacy program participants conduct a mock oral argument and a
prepublication review exercise in an intimate one-on-one setting with feedback provided by top
media lawyers from around the country;
3. Digital track, interactive educational group sessions on hot topics in Internet and technology law;
4. 101 series, a series of classes providing the basics in copyright, entertainment and FCC regulatory
law taught by top practitioners from around the country.
326th Annual Conference of the Forum on Communications Law
Planning Committees
2021 Annual Conference
Lynn Carrillo, Forum Chair | NBCUniversal Media
David M. Giles, Immediate Past Chair | The E.W. Scripps Company
Carolyn Forrest, Past Chair | TubiTV Corp
Laura Prather, Executive Committee Executive Director | Haynes and Boone, LLP
Gregg Leslie, Executive Committee Finance Director | Sandra Day O'Connor College of Law, Arizona State
University
Robb S. Harvey, Executive Committee | Waller Lansden, LLP
Charles Tobin, Executive Committee | Ballard Spahr, LLP
Digital and Media Advocacy Leadership Academy
• Leadership Academy Plenaries
o Steven Zansberg, Western Division Co-Chair, Ballard Spahr, LLP
o Michelle Worrall Tilton, Insurance Committee Co-Chair | Media Risk Consultants, LLC
• Digital Sessions Track
o Anette Beebe, Principal Attorney, Beebe Law, PLLC; and General Counsel, Xcentric
Ventures, LLC, Phoenix, AZ
o Elisa D’Amico, Partner, K&L Gates, LLP; Co-Founder, Cyber Civil Rights Legal Project,
Miami, FL
• Media Advocacy Workshop
o Alison Schary, Counsel, Davis Wright Tremaine, LLP, Washington, DC
o Mara Gassmann, Associate, Ballard Spahr, LLP, Washington, DC
• 101 Session Series
o Joshua Pila, General Counsel, Local Media and Video, Meredith Corporation, Atlanta, GA
o Michael Beylkin, Partner, Fox Rothschild, LLP, Denver, CO
o Lincoln Bandlow, The Law Offices of Lincoln Bandlow, PC, Los Angeles, CA
Special thanks to Davis Wright Tremaine for their help with the graphic design of the
conference materials.
426th Annual Conference of the Forum on Communications Law
Sponsors
Thank you for your continued support of the Forum.
Premiere Trailblazer Sponsors
526th Annual Conference of the Forum on Communications Law
Sponsors
Thank you for your continued support of the Forum.
Diversity, Equity, and Inclusion (DEI) Program Sponsors
Fenwick & West LLP
Onyx Sponsor Granite Sponsors
Digital Track Sessions
Sponsor
626th Annual Conference of the Forum on Communications Law
Schedule Overview
NOTE: Digital and Media Advocacy Leadership Academy sessions have a blue background.
Wednesday, January 27, 2021
11:00 AM to 12:30 PM Plenary: The Media's Role in Covering Protests and Controversy
12:30 PM to 1:00 PM Member Business Meeting (NON-CLE)
Kick-Off Plenary: Your Career Path to Leadership & Success: Mentoring Others &
1:00 PM to 2:00 PM
Overcoming Obstacles
2:45 PM to 4:15 PM Digital Track - Unmasking Anonymous Bad Actors & Internet Trolls
4:30 PM to 5:30 PM How Issues in Reporter's Privilege
4:30 PM to 5:30 PM Hot Issues in Social Media
Thursday, January 28, 2021
11:00 AM to 12:00 PM Hot Issues in Libel and Privacy
11:00 AM to 12:00 PM Hot Issues in Access & Newsgathering
12:15 PM to 1:15 PM 101 Session-FCC: Digital, Traditional and Regulatory Law and Media
1:30 PM to 3:00 PM Plenary - Section 230: Everything You Love and Hate About the Internet
3:15 PM to 4:45 PM Digital Track - The Struggle is Real With Content Moderation
4:30 PM to 5:30 PM Hot Issues in Access & Newsgathering
4:30 PM to 5:30 PM Hot Issues in Anti-SLAPP and Other Legislation
8:00 PM to 10:00 PM Virtual Wine Tasting (complimentary)
Friday, January 29, 2021
11:00 AM to 12:00 PM Hot Issues in Data Privacy
11:00 AM to 12:00 PM Insurance Roundtable (NON-CLE)
11:45 AM to 1:15 PM Media Advocacy Workshop Part 1
1:30 PM to 3:00 PM Retrospective on New York Times v. Tasini, 20 Years Later
The 13th Annual First Amendment and Media Law Diversity Moot Court Competition –
3:00 PM to 8:30 AM
(NON-CLE)
Digital Track-Emoji, Emoticon, and Gifs, Oh My! Implications of Imagery in Digital
3:15 PM to 4:45 PM
Communications
WICL Event: Top Tips for Communicating with Presences in the Virtual World – (NON-
5:00 PM to 6:00 PM
CLE)
726th Annual Conference of the Forum on Communications Law
Monday, February 1, 2021
11:00 AM to 12:00 PM Hot Issues in Entertainment
11:00 AM to 12:00 PM Hot Issues in Social Media
11:45 AM to 1:15 PM Media Advocacy Workshop Part 2
1:30 PM to 3:00 PM Plenary: The Power of Storytelling Through Film
The 13th Annual First Amendment and Media Law Diversity Moot Court Competition-
3:00 PM to 5:00 PM
Semi-Finals – (NON-CLE)
3:15 PM to 4:15 AM 101 Sessions - Entertainment Law: From Landing the Big Deal to Vetting a Production
4:30 PM to 5:30 PM Hot Issues in Data Privacy
4:30 PM to 5:30 PM Hot Issues in Libel and Privacy
Tuesday, February 2, 2021
11:00 AM to 12:00 PM Hot Issues in International and Cross Border Vetting
11:00 AM to 12:00 PM Hot Issues in Entertainment
12:15 PM to 1:15 PM 101 Session - Copyright One O What?! Learning the Basics and Blowing Up the Myths
1:30 PM to 3:00 PM Plenary: Global Privacy Invades the Newsroom
3:30 PM to 4:30 PM Closing Plenary - Breaking the Barriers: Developing the Future & Diversifying the Media
The 13th Annual First Amendment and Media Law Diversity Moot Court Competition-
5:00 PM to 6:30 PM
Finals – (NON-CLE)
826th Annual Conference of the Forum on Communications Law
Pre-Recorded Sessions
All registered attendee will have the following pre-recorded sessions included in their
registrations. These recordings will be available beginning January 27, 2021 in the virtual
conference platform.
Hot Issues in Advertising: Social Bots-Beyond R2D2's Whistles and Beeps
This session will explore emerging legal issues in advertising including: the use of social bots
in digital advertising; updates on Telephone Consumer Protection Act litigation, featuring the
issues presented to the Supreme Court in Facebook v. Duguid; sponsorships and other timely
issues affecting the emerging area of sports betting; and a round-up of developments on right
of publicity, including New York’s new law and its application to fiction and post-mortem, Cardi
B’s troubles with tattoos and more.
Lead Facilitator: Brendan J. Healey, Partner, Baron Harris Healey, Chicago, IL
Speakers:
• Steven L. Baron, Partner, Baron Harris Healey, Chicago, IL
• Natalie Harris, Partner, Baron Harris Healey, Chicago, IL
Hot Issues in Ethics
This session will discuss a wide range of ethics issues, especially those that have arisen
during the pandemic as a result of remote working and other changes in the manner in which
lawyers work. Topics will include attorney-client confidentiality, conflicts of interest, UPL
questions raised when lawyers work remotely from a jurisdiction in which the lawyer is not
licensed, and others. The session will include discussion of ABA model rules, including Model
Rules 1.1, 1.6, 1.7, 5.1 and 5.5.
Lead Facilitator: Thomas J. Williams, Partner, Haynes Boone, Fort Worth, TX
Speakers:
• Ashley Messenger, Senior Associate General Counsel, National Public Radio, New
York, NY
• Heather S. Goldman, Partner, Bryan Cave Leighton Paisner, LLP, Washington, DC
• Lucy Dalglish, Professor and Dean, University of Maryland, College Park, MD
NOTE: The ABA will seek1.0 hour of ethics CLE specialty credit in 60-minute states and 1.2 hours of ethics CLE
specialty credit in 50-minute states. Credit hours are estimated and are subject to each state’s approval and credit
rounding rules. Please visit americanbar.org/MCLE for general information on CLE at the ABA
926th Annual Conference of the Forum on Communications Law
Detailed Schedule
Wednesday, January 27, 2021
NOTE: Sessions for the Digital and Media Advocacy Leadership Academy have a light blue
background.
11:00 AM – 12:30 PM – Plenary: The Media’s Role in Covering Protests and Controversy
The killings of George Floyd, Ahmaud Arbery, Brionna Taylor, and many others have sparked
a global conversation on race and justice. This year alone, tens-of-millions of people in the US
have marched and engaged in other forms of protest against police brutality and institutional
racism. Media outlets and journalists have played a critical role in making the broader
American public aware of the societal ills that underlie the Black Lives Matter movement and
calls for the widespread adoption of policies aimed at combatting institutional racism. This
panel of experts will provide a wide-range of perspectives on the media’s coverage of notable
protests in recent years, e.g., the Black Lives Matter movement, anti-government protests in
the age of COVID, etc.; the legal protections for protesters and the journalists covering
protests; the unique challenges that exist for racially diverse journalists covering
protests; potential reforms; and what to expect in the years to come.
Lead Facilitator: James McFall, Partner, Jackson Waller, LLP, Dallas, TX
Panelists:
• Sharon Bramlett-Solomon, Professor, the Arizona State University Walter Cronkite
School of Journalism and Mass Communication, Phoenix, AZ
• Jason Conti, General Counsel and Executive Vice President, Dow Jones/The Wall
Street Journal, New York, NY
12:30 PM – 1:00 PM – Member Business Meeting
• Welcome – Lynn Carrillo, ABA Forum Chair and Vice President - Legal, NBCUniversal
Media, LLC, Miami, FL
1:00 PM – 2:00 PM – Kick-Off Plenary: Your Career Path to Leadership & Success:
Mentoring Others & Overcoming Obstacles
A moderated panel of highly successful lawyers of color, who have attained prominent
leadership roles, will discuss the hurdles they confronted and overcame in their career
paths, concrete/practical “lessons learned,” how they dealt with institutional and embedded
racism, and how to help other lawyers of colors achieve success.
Lead Facilitator: S. Jenell Trigg, Member and Chair, Privacy & Data Security Practice,
Lerman Senter, Washington, D.C.
Panelists:
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• Dennis Archer, Chairman Emeritus, Dickinson Wright, former President of the ABA
(and first of color), former mayor of Detroit and Michigan Supreme Court Associate
Justice, Detroit, MI
• Quinton Lucas, Mayor of Kansas City, Kansas City, MO
• Donise Brown, Managing Director, Corporate Counsel - Global Supply Chain &
Commercial, Starbucks and Florida Bar Certified Diversity Facilitator, Miami, FL
NOTE: For the above session, the ABA will seek 1.0 hour of Elimination of Bias/Diversity and Inclusion CLE specialty
credit in 60-minute states and 1.2 hours of Elimination of Bias/Diversity and Inclusion CLE specialty credit in 50-minute
states. Credit hours are estimated and are subject to each state’s approval and credit rounding rules. Please
visit americanbar.org/MCLE for general information on CLE at the ABA.
2:30 PM – 2:45 PM – Break
2:45 PM – 4:15 PM – Digital Track | Unmasking Anonymous Bad Actors & Internet
Trolls
Cyberforensic tools can help identify anonymous internet actors whose malicious behavior is
harming others. Practicing attorneys and legal scholars will engage participants in
discussions about how courts balance anonymous free speech with the right for victims to
hold bad actors accountable for their actions and the injuries they cause. Participants will
also have the opportunity to practice using these tools to de-anonymize trolls in real-life
scenarios where courts have deemed doing so to be appropriate.
Lead Faculty: Elisa D’Amico, Partner, K&L Gates, LLP; Co-Founder, Cyber Civil Rights
Legal Project, Miami, FL
Faculty:
• David Bateman, Partner, K&L Gates, LLP; Co-Founder, Cyber Civil Rights Legal
Project, Seattle, WA
• Carrie Goldberg, Owner C.A. Goldberg, PLLC, Brooklyn, NY
• Mona Sedky, Federal Prosecutor, U.S. Department of Justice Computer Crime &
Intellectual Property Section, Washington, DC
Sponsored by K&L Gates
4:15 PM – 4:30 PM – Break
4:30 PM-5:30 PM – Workshops Group 1
• Hot Issues in Reporter’s Privilege
Can plaintiffs in foreign litigation use 28 U.S.C. § 1782 to circumvent source protections
in this country? Does the reporter’s privilege cover discussions on whether to retract a
story? How has the reporter’s privilege fared in a year of protests and demonstrations?
We’ll talk about these and other questions at our workshop on reporter’s privilege.
1126th Annual Conference of the Forum on Communications Law
Lead Facilitator: Marc Fuller, Vinson & Elkins, Dallas, TX
Facilitators:
o Dana McElroy, Partner, Thomas and LoCicero, Fort Lauderdale, FL
o Steve Mandell, Partner, Mandell Menkes, Chicago, IL
o Chris Moeser, Associate General Counsel/Chief Ethics Officer, TEGNA,
Tysons, VA
Rising Star: Matthew Halgren, Sheppard Mullin, San Diego, CA
• Hot Issues in Social Media
Using social media to gather and disseminate news continues to pose specific
challenges. In this workshop, we’ll discuss litigation concerns, including the intersection
of tweets and personal jurisdiction; social media posts that cross the line into
harassment; parody Twitter accounts; and discovery and preservation of social media
evidence. We’ll discuss copyright concerns, including parody tweets advertising
concerns, the continuing debate over what constitutes a public forum on social media
insurance issues; social media platforms’ ever-changing terms and conditions;
legislation that may impact social media; and more.
Lead Facilitator: David Wittenstein, Partner, Cooley LLP, Washington, DC
Facilitators:
o Monica Dias, Senior Counsel, Content and Intellectual Property, The E.W.
Scripps Company, Cincinnati, OH
o James Rosenfeld, Davis Wright & Tremaine, LLP, New York, NY
o Patrick Groshong, AXIS PRO, Kansas City, MO
o Michael Lambert, Associate, Prince Lobel Tye, LLP, Boston, MA
o Gregg Leslie, Executive Director, First Amendment Clinic, Arizona State
University, Sandra Day O'Connor College Law, Phoenix, AZ
1226th Annual Conference of the Forum on Communications Law
Thursday, January 28, 2021
11:00 AM-12:00 PM - Workshops Group 2
• Hot Issues in Libel & Privacy
Panelists will lead you through an examination of important developments and high-
profile cases in the areas of libel and privacy. Join us for a discussion of the state of the
law on the fair report privilege, neutral reportage, pleading actual malice, opinion, libel
by implication, anti-SLAPP, and defamation cases in today’s political climate.
Lead Facilitator: Deanna Shullman, Shullman Fugate, Miami, FL
Facilitators:
o Catherine Robb, Of Counsel, Haynes and Boone, Austin, TX
o Robert Latham, Partner, Jackson Waller, Dallas TX
o Thomas G. Hentoff, Partner, Williams & Connolly, Washington, DC
o Claire Magee Ferguson, Assistant General Counsel, Gray Television,
Charlotte, NC
o Meaghan Kent, Partner, Venable, LLP, Washington, DC
Rising Star: Emmy Parsons, Associate, Ballard Spahr, LLP, Washington, DC
• Hot Issues in Access & Newsgathering
Our panel will discuss several recent, sometimes challenging newsgathering issues,
including: the increasing threat of prosecution for leakers and the reporters they leak
too, highlighted this year by the FINCEN statement regarding Natalie Sours Edwards,
the continued tussle between the DOJ and the press over information related to
Russian involvement in the election, the Supreme Court’s decision to hear Van Buren v.
USA - a CFAA case - and FaceBook’s decision to criticize non-profits for their using of
scrapers to seek to understand FaceBook’s algorithm.
Lead Facilitator: Katherine M. Bolger, Partner, Davis Wright Tremaine, LLP, New
York, NY
Facilitators:
o Gunita K. Singh, Jack Nelson/Dow Jones Foundation Legal Fellow, Reporters
Committee, Washington, DC
o Tenaya Rodewald, Special Counsel, Sheppard Mullin, Palo Alto, CA
o Kristen Rodriquez, Partner, Dentons, Chicago, IL
o Andrew Pauwels, Partner, Honigman, Detroit, MI
o Leita Walker, Partner, Ballard Spahr, Minnesota, MN
Rising Star: Ian Byrnside, Partner, Baker Hostetler, Atlanta, GA
12:00 PM-12:15 PM – Break
1326th Annual Conference of the Forum on Communications Law
12:15 PM-1:15 PM – 101 Session | FCC: Digital, Traditional and Regulatory Law and
Media
This session will cover the basics of the United States’ primary communications regulatory
body, including underlying statutory, regulatory, and policy implications of jokes you see on
late night television. Topics will include content regulation (e.g., indecency, political ads, and
accessibility), exciting (for some) spectrum technical discussions, and everyone’s favorite
topic - “regulating the Internet”.
Lead Facilitator: Joshua Pila, General Counsel, Local Media and Video, Meredith
Corporation, Atlanta, GA
Faculty:
• Emily Harrison, Associate, Cooley, LLP, Washington, DC
• Stephen J. Conley, Associate, Wiley Rein, LLP, Washington, DC
Co-Sponsored by Federal Communications Bar Association (FCBA)
1:15 PM-1:30 PM – Break
1:30 PM-3:00 PM – Plenary - Section 230: Everything You Love and Hate About The
Internet
Lauded as the one of the most important laws protecting free speech and the law that gave us
the modern internet, Section 230 of the Communications Decency Act has been a fixture of
recent internet policy debates and blamed for everything from the proliferation of sex
trafficking, cyberstalking, and revenge porn to enabling anti-Conservative social media bias.
This panel of experts will provide a wide-range of perspectives on Section 230’s merits and
limitations as well as the landscape of potential reform and what to expect next.
Lead Facilitator: Gloria Shaw, Partner, Katten Muchin Rosenman, LLP, Los Angeles, CA
Panelists:
• Brendan Carr, Commissioner of the Federal Communications Commission,
Washington, DC
• Carrie Goldberg, Owner C.A. Goldberg, PLLC, Victims’ Rights Law Firm, Brooklyn, NY
• Sara M. Baxenberg, Associate, Wiley Rein, LLP, Washington, DC
• Brad Young, Vice President and Associate General Counsel, TripAdvisor, Boston, MA
3:00 PM-3:15 PM – Break
3:15 PM – 4:45 PM – Digital Track | The Struggle is Real With Content Moderation
Content moderators review and analyze user reports about content shared on platforms
and, based on the platform’s rules, guidelines, and the law, decide whether the user-
1426th Annual Conference of the Forum on Communications Law
generated content should stay up or come down. In this collaborative workshop, participants
will have an opportunity to learn the basics about Section 230 of the Communications
Decency Act (47 U.S.C. § 230), listen to true stories about struggles with moderating content
from both small-scale and large-scale platforms, and work through various real-life dilemmas
content moderators often face in applying a platform’s policies to user-generated content.
Participants will hear from a world-renowned Section 230 expert, as well as lawyers and/or
Trust and Safety Professionals from in-house and business side operations who face these
challenges daily.
Lead Faculty: Anette Beebe, Beebe Law, Principal Attorney, Beebe Law, PLLC; General
Counsel, Xcentric Ventures, LLC dba RipOffReport, com, Phoenix, AZ
Faculty:
• Daphne Keller, Lecturer in Law and Director of Program on Platform Regulation,
Cyber Policy Center at Stanford Law School, Stanford, CA
• Vijay Padmanabhan, Lead, Trust & Safety, Google, San Francisco Bay Area, CA
• Becky Foley, Senior Director, Tripadvisor, Needham, MA
• Jess Miers, 3L Tech Edge J.D. Candidate at Santa Clara University School of Law,
Lead Policy Specialist & Product Lead, Google, Santa Clara, CA
• Jerrel Peterson, Sr. Manager, Spotify, New York, NY
Sponsored by K&L Gates
4:30 PM-5:30 PM - Workshops Group 3
• Hot Issues in Access & Newsgathering
Our panel will discuss several recent, sometimes challenging newsgathering issues,
including: the increasing threat of prosecution for leakers and the reporters they leak
too, highlighted this year by the FINCEN statement regarding Natalie Sours Edwards,
the continued tussle between the DOJ and the press over information related to
Russian involvement in the election, the Supreme Court’s decision to hear Van Buren v.
USA - a CFAA case - and FaceBook’s decision to criticize non-profits for their using of
scrapers to seek to understand FaceBook’s algorithm.
Lead Facilitator: Katherine M. Bolger, Partner, Davis Wright Tremaine, LLP, New
York, NY
Facilitators:
o Gunita K. Singh, Jack Nelson/Dow Jones Foundation Legal Fellow, Reporters
Committee, Washington, DC
o Tenaya Rodewald, Special Counsel, Sheppard Mullin, Palo Alto, CA
o Kristen Rodriquez, Partner, Dentons, Chicago, IL
o Andrew Pauwels, Partner, Honigman, Detroit, MI
o Leita Walker, Partner, Ballard Spahr, Minnesota, MN
Rising Star: Ian Byrnside, Partner, Baker Hostetler, Atlanta, GA
1526th Annual Conference of the Forum on Communications Law
• Hot Issues in Anti-SLAPP and Other Legislation
This session will discuss the latest developments in the application of anti-SLAPP laws
in federal court proceedings, the mechanics of new state anti-SLAPP statutes, and the
advantages and disadvantages of a recently-approved uniform model anti-SLAPP
law. Will a new Administration and Congress view a possible federal anti-SLAPP
differently? We will also explore unique anti-SLAPP strategies that have been
employed by media defendants, including utilizing non-forum SLAPP defenses through
application of the dépeçage doctrine and successful “SLAPP-back” actions.
Lead Facilitator: Mark Bailen, Partner, Baker & Hostetler LLP, Washington, DC
Facilitator:
o Katie Townsend, Legal Director, Reporters Committee for Freedom of the
Press, Washington, D.C.
o Laura Prather, Partner, Haynes & Boone, Austin, TX
Rising Star: Nicholas Gamse, Associate, Williams & Connolly, Washington, DC
8:00 PM-10:00 PM – Wine Tasting
A complimentary wine tasting ticket is included in your registration fee along with a bottle of
wine. There are also options to upgrade or gift a ticket to a fellow attendee.
1626th Annual Conference of the Forum on Communications Law
Friday, January 29, 2021
11:00 AM-12:00 PM Workshop Group 4
• Hot Issues in Data Privacy
CCPA, GDPR, and state privacy laws proposed or under consideration in over 20
states - what do and will individual privacy rights look like – and how can companies
address those rights and consumer expectations – now and over the next few years?
We will discuss where the CCPA has ended up; what (if anything) we can expect to
change in the CCPA; lessons from GDPR practices and enforcement; and what
companies can do to try to future-proof their data and privacy practices given the
uncertainty.
Lead Facilitator: Tricia Cross, Senior Vice President Privacy Officer, Fox Corporation,
Los Angeles, CA
Facilitators:
o Jennifer Dukarski, Shareholder, Butzel Long, Ann Arbor, MI
o Al-Amyn Sumar, Counsel, New York Times, New York, NY
o Jane Kirtley, Silha Professor of Media Ethics and Law; Director, Silha Center
for the Study of Media Ethics and Law, University of Minnesota Law School,
Minneapolis, MN
o Adrienne Fowler, Partner, Harris, Wiltshire & Grannis, Washington, DC
o Melissa Kern, Senior Director, First Group-North American Data Privacy,
Cincinnati, OH
o James Slater, Associate, Shullman Fugate, Miami, FL
Rising Star: Esther Clovis, Associate, Holland & Knight, New York, NY
11:00 AM-12:00 PM – Insurance Roundtable – NON-CLE
11:45 PM – 1:15 PM – Media Advocacy Workshop Part 1
This Media Advocacy Skills Workshop will draw from the traditional practice of media law.
Participants will participate in one oral argument exercise and one prepublication exercise
from materials that will be sent to them one-week prior to the Academy start dates. The
skills workshops will take place in small groups with senior media lawyers acting as faculty
and “judges,” providing feedback and guidance to participants and creating an opportunity
for further networking.
NOTE: Only open to attendees who have pre-registered.
Speakers
• Alison Schary, Counsel, Davis Wright Tremaine, LLP, Washington, DC
• Mara Gassmann, Associate, Ballard Spahr, LLP, Washington, DC
1726th Annual Conference of the Forum on Communications Law
1:15 PM – 1:30 PM – Break
1:30 PM-3:00 PM – Plenary: Retrospective on New York Times v. Tasini, 20 Years Later
As one of the key copyright decisions in the march toward a digital world, we’ll take a look at
the history and legacy of New York Times v. Tasini, 533 U.S. 483 (2001). In Tasini, the U.S.
Supreme Court ruled that freelance journalists retained copyrights for their individual articles,
and publishers could not license the text of such articles to computer databases without
infringing the author’s rights. In broader scope, the ruling tilted the playing field towards one
more favorable to writers and other content creators, and toward increased copyright liability
for publishers, broadcasters, and distribution platforms. Twenty years later, we’ll look at how
the case arose and litigated, explore the decision’s legacy, and discuss the evolving world of
rights, clearances and copyright infringement in a digital world.
Lead Facilitator: Eric Schroeder, Managing Partner, Bryan Cave Leighton Paisner, LLP,
Atlanta, GA
Panelists:
• Ken Richieri, former General Counsel, The New York Times, New York, NY
• Jonathan Tasini, freelance journalist, workinglife.org, and named plaintiff in New York
Times v. Tasini
• Mickey Osterreicher, General Counsel, National Press Photographers Association,
East Amherst, NY
• Miranda Hafford, Director, Global Rights at A&E Networks, New York, NY
• Pilar Keagy Johnson, Assistant General Counsel, WarnerMedia News & Sports,
Atlanta, GA
3:00 PM-8:30 PM – The 13th Annual First Amendment and Media Law Diversity Moot
Court Competition - NON- CLE
The annual First Amendment and Media Law Diversity Moot Court Competition, now in its 13th
year, is designed to introduce minority law students to the practice of media law and to many
of the lawyers who are active in the communications law bar. The competition offers cash
awards for superior performance in appellate briefing and oral argument.
3:00 PM-3:15 PM – Break
3:15 PM-4:45PM – Digital Track | Emoji, Emoticon, and Gifs, Oh My! Implications of
Imagery in Digital Communications
Emoji are popping up on more than just your smartphone. Between 2004 and 2019 there
was an exponential rise in emoji and emoticons in U.S. court opinions, says Santa Clara
Law Professor Eric Goldman. Participants will hear from legal experts and scholars about
how imagery, such as emoji, emoticons, and gifs, impacts digital communications. The
discussion will examine how emoji can vary based on device and/or operating system, and
how such imagery continues to impact social media policies, legal decisions, and behavior.
1826th Annual Conference of the Forum on Communications Law
Lead Faculty:
• Anette Beebe, Principal Attorney, Beebe Law, PLLC; and General Counsel, Xcentric
Ventures, LLC, Phoenix, AZ
• Elisa D’Amico, Partner, K&L Gates, LLP; Co-Founder, Cyber Civil Rights Legal
Project, Miami, FL
Faculty:
• Eric Goldman, Professor of Law, Santa Clara University School Law; and Co-
Director, High Tech Law Institute, Santa Clara, CA
• Kate Klonick, Assistant Professor at Law, St. John’s University Law School; and
Affiliate Fellow at the Information Society Project, Yale Law School, New York, NY
Sponsored by K&L Gates
4:45 PM-5:00 PM- Break
5:00 PM-6:00 PM- Women in Communications Law (WICL) Event - NON-CLE
Top Tips for Communicating with Presence in the Virtual World
Speaker: Jayne Constantinis, form BBC Reporter, Consultant
Based on her 25 years in front of a TV camera, microphone, live audience and laptop, Ms.
Constantinis will guide attendees on how to hold an audience’s attention, resonate with them,
and present ideas with confidence and impact. She will also discuss how to overcome the
challenges women in particular face in communicating in the virtual world. Jayne has a
unique and unusual range of experience. It includes live announcing on BBC TV; business
reporting on BBC World; fronting corporate programmes for blue-chip companies; moderating
and speaking at live events; training individuals and groups to be confident
communicators/speakers/presenters. Intelligence, professionalism and flexibility are at the
heart of everything Jayne does. Add to that great attention to detail and a natural affinity with
people and you’ll see why she adds value to any project.
Sponsored by QBE North America & Lerman Senter, PLLC
1926th Annual Conference of the Forum on Communications Law
Monday, February 1, 2021
11:00 AM-12:00 PM – Workshops Group 5
• Hot Issues in Entertainment
Over the past year we’ve seen a number of significant decisions and lawsuits on a
diverse array of entertainment issues. We will discuss developments and trends in:
Movies, Television and Documentaries (including defamation and right of publicity
claims involving both fictional and composite characters as well as portrayals of real
people), Broadway (the adoption of the “asserted truths” doctrine in the Jersey
Boys infringement case), Music (do the “Stairway to Heaven” and “Dark Horse”
decisions “unblur the lines” for what infringes), Video Games (why Fortnite remains a
critical legal player on the video game landscape), Paparazzi v. Celebrities (what
factors promote or impede the proliferation of lawsuits against celebrities who post
photos on Instagram), Graffiti (including a win for artists in the 5 Pointz demolition
case), and Politics (a recap of claims asserted against use of songs in the 2020
election).
Lead Facilitator: Robert S. Gutierrez, Of Counsel, Ballard Spahr, Los Angeles, CA
Facilitators:
o Jessica Davidovitch, Vice President and Senior Counsel, Warner Media, New
York, NY
o Robb Harvey, Partner, Waller Lansden, Nashville, TN
o Sarah Cronin, Partner, Venable, LLP, Los Angeles, CA
o Michael Twersky, Partner, Fox Rothschild, LLP, Philadelphia, PA
Rising Star: Wesley Lewis, Haynes and Boone, Austin, TX
• Hot Issues in Social Media
Using social media to gather and disseminate news continues to pose specific
challenges. In this workshop, we’ll discuss litigation concerns, including the intersection
of tweets and personal jurisdiction; social media posts that cross the line into
harassment; parody Twitter accounts; and discovery and preservation of social media
evidence. We’ll discuss copyright concerns, including parody tweets advertising
concerns, the continuing debate over what constitutes a public forum on social media
insurance issues; social media platforms’ ever-changing terms and conditions;
legislation that may impact social media; and more.
Lead Facilitator: David Wittenstein, Cooley, LLP, Washington, DC
Facilitators:
o Monica Dias, The E.W. Scripps Company, Cincinnati, OH
o James Rosenfeld, Davis Wright Tremaine, LLP, New York, NY
o Patrick Groshong, AXIS PRO, Kansas City, MO
o Michael Lambert, Associate, Prince Lobel Tye, LLP, Boston, MA
o Gregg Leslie, Exeuctive Director, First Amendment Clinic, Arizona State
University Sandra Day O'Connor College Law, Phoenix, AZ
2026th Annual Conference of the Forum on Communications Law
11:45 AM-1:15PM – Media Advocacy Workshop Part 2
This Media Advocacy Skills Workshop will draw from the traditional practice of media law.
Participants will participate in one oral argument exercise and one prepublication exercise
from materials that will be sent to them one-week prior to the Academy start dates. The
skills workshops will take place in small groups with senior media lawyers acting as faculty
and “judges,” providing feedback and guidance to participants and creating an opportunity
for further networking.
Speakers
• Alison Schary, Counsel, Davis Wright Tremaine, LLP, Washington, DC
• Mara Gassmann, Associate, Ballard Spahr, LLP, Washington, DC
1:15 PM-1:30 PM – Break
1:30 PM -3:00 PM – Plenary: The Power of Storytelling Through Film
Documentary production has taken off in recent years, with a broad range of approaches and
styles. We will assemble a panel of distinguished filmmakers with different perspectives to
discuss social impact through filmmaking while retaining journalistic credibility and avoiding
legal liability.
Lead Facilitator: Dale Cohen, Director, Documentary Film Legal Clinic, UCLA School of Law
and Special Counsel to FRONTLINE Los Angeles, CA
Panelists:
• Stephanie S. Abrutyn, former Senior Vice President, Litigation and Public Policy,
WarnerMedia and Senior Vice President and Chief Counsel, Litigation, HBO, New York,
NY
• Raney Aronson-Rath, Executive Producer, FRONTLINE, New York, NY
• Alex Gibney, Director/Producer, Founder and CEO, Jigsaw Productions, New York,
NY
• Dawn Porter, Director/Producer & Founder, Trilogy Films, San Francisco, CA
3:00 PM-5:00 PM – The 13th Annual First Amendment and Media Law Diversity Moot
Court Competition Diversity - Semi-Finals - NON-CLE
2126th Annual Conference of the Forum on Communications Law
3:15 PM-4:15 PM – 101 Sessions | Entertainment Law: From Landing the Big Deal to
Vetting a Production
This session will briefly highlight the various topics that need to be considered when looking
at a production. From issue spotting potential problems with trademarks, privacy, defamation
and false light, to balancing the risks of fair use with the costs of obtaining releases for third
party content, along with the main items to consider when reviewing the myriad of contracts
involved in television and film production. The 60-minute session will give you a taste of the
broad spectrum of production issues that entertainment lawyers need to consider.
Faculty:
Michael Beylkin, Partner, Fox Rothschild, LLP, Denver, CO
4:30 PM-5:30 PM – Workshops Group 6
• Hot Issues in Data Privacy
CCPA, GDPR, and state privacy laws proposed or under consideration in over 20
states - what do and will individual privacy rights look like – and how can companies
address those rights and consumer expectations – now and over the next few years?
We will discuss where the CCPA has ended up; what (if anything) we can expect to
change in the CCPA; lessons from GDPR practices and enforcement; and what
companies can do to try to future-proof their data and privacy practices given the
uncertainty.
Lead Facilitator: Tricia Cross, Senior Vice President, Co-Chief Privacy Officer, Fox
Corporation, Los Angeles, CA
Facilitators:
o Jennifer Dukarski, Shareholder, Butzel Long, Ann Arbor, MI
o Al-Amyn Sumar, Counsel, New York Times, New York, NY
o Jane Kirtley, Silha Professor of Media Ethics and Law; Director, Silha Center
for the Study of Media Ethics and Law, University of Minnesota Law School,
Minneapolis, MN
o Adrienne Fowler, Partner, Harris, Witshire & Grannis, Washington, DC
o Melissa Kern, Senior Director - North American Data Privacy, First Group,
Cincinnati, OH
o James Slater, Associate, Shullman Fugate, Miami, FL
Rising Star: Esther Clovis, Associate, Holland & Knight, New York, NY
• Hot Issues in Libel & Privacy
Panelists will lead you through an examination of important developments and high-
profile cases in the areas of libel and privacy. Join us for a discussion of the state of the
law on the fair report privilege, neutral reportage, pleading actual malice, opinion, libel
by implication, anti-SLAPP, and defamation cases in today’s political climate.
2226th Annual Conference of the Forum on Communications Law
Lead Facilitator: Deanna Shullman, Shullman Fugate, Miami, FL
Facilitators:
o Catherine Robb, Counsel, Haynes & Boone, Austin, TX
o Bob Latham, Partner, Jackson Waller, Dallas TX
o Tom Hentoff, Partner, Williams & Connolly, Washington, DC
o Claire Magee Ferguson, Assistant General Counsel, Gray Television,
Charlotte, NC
o Meaghan Kent, Partner, Venable, LLP, Washington, DC
Rising Star: Emmy Parsons, Associate, Ballard Spahr, LLP, Washington, DC
2326th Annual Conference of the Forum on Communications Law
Tuesday, February 2, 2021
11:00 AM-12:00 PM – Workshops Group 7
• Hot Issues in International and Cross Border Vetting
Around the globe, journalists – and their lawyers – face a host of thorny challenges
when reporting the news. Among other timely topics, this workshop will involve group
discussion of European privacy issues around COVID reporting, restrictions on
reporting arrests in the UK, contempt of court proceedings against the Australian
media, and how to protect journalists reporting from hostile environments and on
sensitive political and security issues. The workshop will provide practical guidance for
identifying and minimizing legal risks when newsgathering and publishing outside the
United States. And, of course, we’ll discuss Johnny Depp!
Lead Facilitator: Robert Balin, Partner, Davis Wright Tremaine, LLP, New York, NY
Facilitators:
o Katharine Larsen, Associate General Counsel, Thomson Reuters, New York,
NY
o Brian Barrett, Assistant General Counsel, The Associated Press, New York, NY
o Adam Cannon, Director of Legal, The Sun Newspaper, United Kingdom
• Hot Issues in Entertainment
Over the past year we’ve seen a number of significant decisions and lawsuits on a
diverse array of entertainment issues. We will discuss developments and trends in:
Movies, Television and Documentaries (including defamation and right of publicity
claims involving both fictional and composite characters as well as portrayals of real
people), Broadway (the adoption of the “asserted truths” doctrine in the Jersey
Boys infringement case), Music (do the “Stairway to Heaven” and “Dark Horse”
decisions “unblur the lines” for what infringes), Video Games (why Fortnite remains a
critical legal player on the video game landscape), Paparazzi v. Celebrities (what
factors promote or impede the proliferation of lawsuits against celebrities who post
photos on Instagram), Graffiti (including a win for artists in the 5 Pointz demolition
case), and Politics (a recap of claims asserted against use of songs in the 2020
election).
Lead Facilitator: Robert S. Gutierrez, Of Counsel, Ballard Spahr, Los Angeles, CA
Facilitators:
o Jessica Davidovitch, Vice President & Senior Counsel, Warner Media, New
York, NY
o Robb Harvey, Partner, Waller Lansden, Nashville, TN
o Sarah Cronin, Partner, Venable, LLP, Los Angeles, CA
o Michael Twersky, Partner, Fox Rothschild, LLP, Philadelphia, PA
Rising Star: Wesley Lewis, Haynes and Boone, Austin, TX
12:00 PM-12:15 PM – Break
2426th Annual Conference of the Forum on Communications Law
12:15 PM-1:15 PM – 101 Session | Copyright One 0 What?!: Learning the Basics and
Blowing Up the Myths
Those embarking on a career in any type of media law will have no choice but to run into
copyright law and run into it often. Unfortunately, it sometimes seems that there is no area
of the law known more wrongly than copyright law. Lawyers need to understand such
important concepts as: how the 7-second fair use rule works; why everything posted on the
internet is free to use; how giving credit to an author will defeat a copyright infringement
claim; why all authors of a work must give you permission to use the work; and how
copyright protection does not exist until a work is registered. Also – it is important for young
lawyers to know that none of the statements just listed are correct. See … told ya.
Faculty:
Lincoln Bandlow, The Law Offices of Lincoln Bandlow, PC, Los Angeles, CA
1:15 PM-1:30 PM – Break
1:30 PM – 3:00 PM – Plenary: Global Privacy Invades the Newsroom
What was once seen as an abstract concept has become a globally recognized fundamental
human right with the force of law in many nations. Today, cultural differences on the
importance of privacy and vastly divergent regulatory schemes affect not only the distribution
of media globally, they have invaded the newsroom. Our panel of data protection and privacy
experts will discuss the impact of international privacy regulations and considerations for both
global distribution and newsrooms.
Lead Facilitator: Robin Luce Hermann, Shareholder, Butzel Long, Bloomfield Hills, MI
Panelists:
• Mark Stephens, CBE, Partner, Howard Kennedy, LLP, London, United Kingdom
• Dr. Gabriela Zanfir-Fortuna, Senior Counsel, Future of Privacy Forum, Detroit, MI
• Randy L. Shapiro, Global Newsroom Counsel, Bloomberg L.P., New York, NY
3:00 PM-3:30 PM – Break
3:30 PM-4:30 PM – Closing Plenary: Breaking the Barriers: Developing the Future &
Diversifying the Media
A moderated panel of journalists and industry leaders discuss the potential and blueprints
for building a brighter future; what would a truly diversified and inclusive media landscape
look like? and, how do we create it?
Lead Facilitator: Mark Flores, Associate, Littler Mendelson P.C., Dallas, TX
Faculty:
• Johnita P. Due, Senior Vice President and Chief Diversity & Inclusion Officer,
WarnerMedia News and Sports, Atlanta, GA
2526th Annual Conference of the Forum on Communications Law
• Anzio Williams, Senior Vice President, Diversity, Equity and Inclusion,
NBCUniversal Stations, Philadelphia, PA
• Mireya Villareal, Correspondent, CBS News, Dallas, TX
• Kyndell Harkness, Assistant Managing Editor for Diversity and
Community, Minneapolis Star Tribune, Minneapolis, MN
4:30 PM-5:00 PM – Break
5:00 PM-6:30 PM – The 13th Annual First Amendment and Media Law Diversity Moot
Court Competition - Finals - NON-CLE
2626th Annual Conference of the Forum on Communications Law
Conference Information
Financial Assistance
A limited number of scholarships to defray tuition expenses are available for this program. To
request an application or receive additional information, please contact,
bernadettte.steele@americanbar.org by January 10, 2021. Qualifying attorneys may receive a
50% reduction in tuition fees.
Cancellation Policy
Registrants who are unable to attend the program will receive a refund less a $50.00
administrative fee if a written cancellation is received by January 10, 2021. After January 10,
2021, no refunds will be granted. Substitutions are acceptable. Cancellations may be faxed to
312-988-5850. The ABA reserves the right to cancel any programs and assumes no
responsibility for personal expenses.
Continuing Legal Education (CLE) Credit
The ABA will seek 26.25 hours of CLE credit in 60-minute states, and 31.50 hours of CLE
credit for this program in 50-minute states including 1.0 hour of Elimination of Bias/Diversity
and Inclusion CLE specialty credit in 60-minute states and 1.2 hours of Elimination of
Bias/Diversity and Inclusion CLE specialty credit in 50-minute states. Credit hours are
estimated and are subject to each state’s approval and credit rounding rules. Please
visit americanbar.org/MCLE for general information on CLE at the ABA.
There will be two pre-recorded sessions, Hot Issues in Advertising and Hot Issues in Ethics,
that the ABA will seek 2.0 hours of CLE credit in 60-minute states and 2.40 hours of CLE credit
in 50-minute states including 1.0 hour of ethics CLE specialty credit in 60-minute states and
1.2 hours of ethics CLE specialty credit in 50-minute states. Credit hours are estimated and
are subject to each state’s approval and credit rounding rules. Please
visit americanbar.org/MCLE for general information on CLE at the ABA.
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