Mountain Daylight Time

Join us for ACC Mountain West's inaugural Tech Law Symposium on April 1, 2022 at the Grand America in Salt Lake City.

We invite in-house legal teams and other business leaders to come together for a top-notch conference on the latest issues in Tech.

7 CLE Credits pending

Program Agenda:

8:30 am-9:00 am: Registration/Breakfast

9:00 am-10:00 am: Managing IP and IP Issues in a Technology Company

Presented by Jeff Gunn, Shareholder and Andrew J. Baca, Shareholder, TraskBritt

For the intellectual property law newbie: a high level overview of intellectual property rights, with some specific information about managing intellectual property assets and intellectual property issues that sometimes arise in a technology company.

10:00 am-10:10 am: Break

10:10 am-11:10 am: Cybersecurity Best Practices from CISA and Critical Infrastructure Sectors, Ethics CLE

Presented by Armstrong Teasdale and the Association of Corporate Counsel – Mountain West Chapter

Last summer the White House issued an Executive Order on improving the nation’s cybersecurity, and a letter to corporate executives and business leaders urging them to immediately convene their leadership teams to discuss the ransomware threat and review corporate security posture and business continuity plan, leading government agencies to announce first-of-their-kind cybersecurity enforcement actions, and updates to decades-old data security standards. Join Ruben Arredondo, former in-house attorney for the Western Electricity Coordinating Counsel, Robert Kang, Chief Counsel for Cyber & National Security at Southern California Edison, and Romaine Marshall, cybersecurity attorney at Armstrong Teasdale, for a presentation and discussion to be moderated by renewable energy attorney, Jose Abarca, of Armstrong Teasdale.

The presentation will include a brief presentation on cybersecurity and data privacy best practices to help lawyers comply with their ethical and legal obligations, including application of the Model Rules of Professional Conduct 1.1 and 1.6, requiring attorneys to “keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology” and the confidentiality of client communications.

11:10 am-12:00 pm: Hot Topics in Tech Law 2022

Presented by Rick Gilmore, Paul Johnson, Ryan Cook, Maschoff Brennan

• Upcoming Tech Regulations: How new rules will affect Utah Tech companies
• Patent Eligibility: Discrepancies between USPTO guidelines and federal circuit case law
• How the fallout from Epic v. Apple will affect the already delicate relationship between developers and platform providers
• The New Defend Trade Secrets Act: Should you keep your Tech a secret?

• Trademark Modernization Act Updates and Best Practices. New ex parte expungements, reexamination proceedings, attorney verification processes, and upcoming changes to office action response times.

12:00 pm-12:15 pm: Break

12:15 pm-1:00 pm: Special Lunch Speaker

Lance Soffe, Director of Targeted Industries, The Governor's Office of Economic Opportunity

Lance will focus on the growth of Utah's tech sector, how Utah catapulted to the dominant position it is in today, and areas of focus over the next 5+ years. This special lunch speaker will be available for in-person attendees only.

1:00 pm-2:50 pm: Key Terms in Cloud and Software Contracts: Intellectual Property, Commercial Terms, and Liability

Presented by David Tollen, Tech Contracts Academy

This 2-hour program will cover the key issues in IT contracts, particularly in agreements about SaaS and other forms of cloud computing and in software licenses. We will address the business issues behind each clause and talk through negotiation strategy and drafting. We will also debunk the many myths and misunderstanding surrounding these contracts, to help lawyers avoid common mistakes. The course is appropriate for counsel representing both information technology customers and vendors. Topics covered include:

• Top mistakes lawyers make in IT contracts
• Indemnities
• Software-as-a-service (SaaS) subscriptions vs. software licenses
• Data rights, management, and security
• Service level agreements (SLAs)
• Warranties
• Limits of liability

2:50 pm-3:00 pm: Break

3:00 pm-3:50 pm: Non-fungible Tokens (NFTs)

Presented by Dave Wright, Foley & Lardner

3:50 pm- 4:40 pm: Tech Talk: Best Practices for Communication Between Lawyers and Engineers

Presented by Shayne Nelson, Information Security Manager, Ebay; Elise Selinger, Lead IP Counsel, DexCom; Phil Harris, Partner, Holland & Hart

Elise, Shayne, and Phil will discuss key strategies for effective communication in the technical arena and vital practices in forming effective technical partnerships. Our panelists with different engineering, in-house, and outside counsel roles will detail different perspectives and approaches to avoiding problems, building trust, methods for improvement, and proven practical tips for excelling. The Panel will also discuss techniques for communication and relationships in the current era, including working from home and in the age of COVID, among other aspects.

This live event will be webcast for those outside of Utah. Virtual participants will be able to interact with presenters through a constantly monitored Chat session, and all questions will be addressed. We will apply for CLE in Idaho, Montana, Utah, and Wyoming.

We encourage companies to send their teams. If your group purchases 3-5 tickets together, you can save 10% off each ticket with the code GROUP3. If you purchase 6 or more tickets, you can save 15% on your tickets with the code GROUP6.

Covid Policy: Based on CDC guidelines, masks are strongly encouraged. We will endeavor to maintain social distancing in seating, and meals will be individually served.

Join us for this fun virtual networking session open to in-house counsel in Canada. Feel free to come as you are, bring a beverage of your choice, and be ready to chat and laugh with up to 6 peers in our breakout rooms.

Now more than ever companies struggle to manage an increasing abundance of records and information. Poor information management can lead to increased data breach risks, discovery inefficiencies, and even lost records. The consequences of information mismanagement are very real and include higher operating costs, fines and penalties, and reputational damage. Fortunately, many of these risks can be mitigated (and even prevented) through good information governance practices and developing a solid records retention schedule that supports defensible disposition.

Jennifer Chadband, JD, CRM, IGP, ECM^P and Richard Surber, JD, CRM, IGP, lead the information governance consulting division at Zasio, a Boise-based records management software and consulting company. During this presentation, Jenn and Rick will walk you through the basics of information governance and the steps required to develop, implement, and maintain a robust records management policy and retention schedule in your organization.

President Biden recently issued Executive Orders and a directive to the Occupational Safety and Health Administration (“OSHA”) that requires many employers to implement mandatory Covid-19 vaccination policies for employees. The panel will provide insight on the new orders and directive for employees of federal contractors, employees of any companies with 100 or more employees, and employees in health care.

Ginny Woodfork, Attorney, Constangy, Brooks, Smith & Prophete, LLP

Rayner Mangum, Attorney, Constangy, Brooks, Smith & Prophete, LLP

Courtney Seely, VP, Global Legal Operations, Molson Coors

Join us for a virtual presentation where Renee Grant Bluechel (in-house counsel for Boeing), Dan Graham, and Lindsey Dunn (Perkins Coie LLP) explore best practices for maintaining attorney-client privilege over internal communications while avoiding common pitfalls that lead to extensive, expensive, and potentially embarrassing discovery of text messages, mobile apps, and other messaging platforms. They will help you better understand the differences in business communication and legal advice, how cell phone data can be used (and protected) in litigation, and emerging challenges with mobile apps and messaging platforms.

Lindsey Dunn, Commercial Litigation Attorney at Perkins Coie

Renee Grant Bluechel, Senior Counsel, Labor and Employment at Boeing

Dan Graham, Commercial Litigation Attorney at Perkins Coie

Customers with Questionable Credit? Strategies and Tips to Mitigate Insolvency Risk

When contracting with a customer or tenant that has potential solvency issues, the risk of non-payment presents a real challenge. But beyond the concern of getting paid, bankruptcy hazards and other credit risks can also erupt several years into the future. This may come in the form of preferential or fraudulent transfer claims, actions to clawback assets, and difficulty with collection. Forward-thinking drafting and planning can help mitigate these risks. Stinson’s Lucas Schneider and Ryan Sugden will share high level strategies and practical tools that all companies should consider when doing business during difficult times.  

Topics include:

• Proof of vaccination and mask requirements
• What protections do employers need?
• HIPPA & OSHA
• Religious and health accommodations
• Remote work requests and accommodations
• Racial and gender issues
• Evaluating employees in office and at home

Advance your contract negotiating skills by joining tech and financial services attorneys in a mock negotiation of Limitations of Liability clauses that range from typical to onerous. LOLs are no laughing matter. They appear in most software and vendor services contracts. It’s an important clause when something goes wrong, as it allocates in advance each party’s exposure and potential liability. This session informs attendees about the various considerations in negotiating such clauses, the tricky language to look for under state laws, and ancillary considerations such as indemnifications and choice of law. Discussion includes liability caps, damages limitations, interaction with indemnification, and illusory promises. The session will involve a mock negotiation of limitations of liability provisions to illustrate how to apply the instructional content.

Speakers:

Lisa Bowser, Associate General Counsel – I.P. & Tech Transactions for Cognizant

Airina Rodrigues, Shareholder at Brownstein

Sarah Auchterlonie, Shareholder at Brownstein

Join ACC Colorado and Ogletree Deakins for a roof-deck reception followed by a CLE at the Ogletree office. The panel will provide insight on paid sick leave requests and accommodations, immigration remote work compliance, rules that will sunset as COVID-19 subsides, and emerging issues in an almost post-pandemic world.

4:30 PM – 5:15 PM - Roof-desk Reception and Networking
5:15 PM – 6:15 PM – CLE
6:15 PM – 6:45 PM – Networking

Masks will be required during the CLE.

Speakers:

Ceridwen J. Koski, Partner, Shareholder, Deakins, Nash, Smoak & Stewart, P.C.

Raul Chacon, Of Counsel, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

What Do Ethics Have To Do With It

In-house counsel are facing new and unique ethical challenges arising from a rapidly changing business and technology environment. This program focuses on the ethical issues presented by technology matters, including in-house counsel’s ethical responsibilities in technology contract negotiations and compliance.  Panelists will review relevant Model Rules of Professional Conduct and other ABA directives and then discuss realistic scenarios featuring Artificial Intelligence, medical devices, data incidents and situations with business partners.

Speakers:

Helena Ledic, Associate General Counsel and Director of Client Relations, CSC

Foster Sayers, Corporate Counsel, Vertafore

Lindsey Schultz, Senior Counsel, Global Privacy, Visa

Sarah Sederstrom, Associate General Counsel, HelpSystems