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Featuring In the Whirlwind: Legal Issues Arising from Covering the Trump Impeachment All the World’s a (Public) Stage: Is a Viral Figure a Public Figure? • Takedown Shakedown So Close, Yet So Far Away: Ethics in the Cloud Area of Influence: Risks and Rewards of the Emerging Social Media Marketplace Bonus Session Defamation 101 – Back to the Basics Thursday, April 2, 4 - 5:45 p.m. *Free when attending the Friday program (2 CLE hours) Caught in the Web Social Media, Privacy, and You(Tube) Friday, April 3, 2020 8:00 a.m. - 4:15 p.m. law.ku.edu/media-law-seminar 33 rd Annual Seminar

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Page 1: University of Kansas School of Law | School of Law - Caught in the … · We will also examine the current and future state of the limited-purpose public-figure doctrine in light

Featuring• In the Whirlwind: Legal Issues Arising from Covering the Trump Impeachment• All the World’s a (Public) Stage: Is a Viral Figure a Public Figure?• Takedown Shakedown• So Close, Yet So Far Away: Ethics in the Cloud• Area of Influence: Risks and Rewards of the Emerging Social Media

Marketplace

Bonus Session

Defamation 101 – Back to the Basics

Thursday, April 2, 4 - 5:45 p.m.

*Free when attending the Friday program (2 CLE hours)

Caught in the WebSocial Media, Privacy, and You(Tube)Friday, April 3, 20208:00 a.m. - 4:15 p.m.

law.ku.edu/media-law-seminar

33rd Annual

Seminar

Page 2: University of Kansas School of Law | School of Law - Caught in the … · We will also examine the current and future state of the limited-purpose public-figure doctrine in light

Program OverviewAs technology races ahead at a breakneck pace, consumers are inundated with new, addictive ways to interact with the world. The legal system continues to lag light years behind the real world, leaving individuals and corporations alike to slog through the fallout of doing business online with very few legal guideposts.At this year’s Media and the Law Seminar, we will look at the potential pitfalls awaiting Instagram and other social media influencers, including the FTC’s sponsored advertising rules, the ethical issues of buying followers and the myriad ways social media influencers can be sued. Our panelists will delve into the unique challenges for the press in reporting on the impeachment proceedings. We will also examine the current and future state of the limited-purpose public-figure doctrine in light of recent high-profile cases. The seminar will also explore how takedown demands have fundamentally changed newsroom practices. Plus, we will consider the ethical and privacy implications of media organizations, and others, storing all their information in the cloud. We invite you to join us at this year’s seminar, including the Bonus CLE Session on Thursday, April 2.

CLE Credit: A total of 9 CLE credit hours, including 2 hours of ethics have been approved by the Kansas CLE Commission, as well as in New York and California. Missouri CLE credit is still pending. The seminar support staff will provide on-site assistance for attendees who plan to apply for CLE credit for other jurisdictions.

LodgingA block of rooms has been reserved at the Kansas City Marriott Downtown, 200 West 12th Street, Kansas City, Missouri. Rooms will be released at 5 p.m. (CST) March 12, 2020. After that date, room availability and rate cannot be guaranteed. To receive the special seminar rate of $164, please reserve online or by calling 816-421-6800 and mention that you are attending the Media and the Law Seminar.

Location & ParkingThe Kansas City Marriott Downtown offers valet parking for $26 a day or self-parking for $20 a day to hotel guests. For those not staying at the hotel the hourly rate is $4.00 with a $20.00 cap (rates are subject to change). The parking garage is managed by an independent company, not the Marriott.

Thursday, April 24-5:45 p.m. BONUS SESSION* (2 CLE hours)

Defamation 101 – Back to the Basics

*Free when attending the Friday program

Moderators: Blaine Kimrey, Shareholder, Vedder Price, Chicago, IL

Bernie Rhodes, Partner, Lathrop GPM, Kansas City, MO

Friday, April 37:00 a.m. Registration & Continental Breakfast8:00 a.m. Welcome:

Anna Napolitan, Chair, Media and the Law Committee, Senior Claims Specialist, AXIS Insurance, Kansas City, MO

Seminar Moderator: Chad Milton, Partner, Media Risk Consultants, Prairie Village, KS

8:10 a.m. PANEL 1  In the Whirlwind: Legal Issues Arising from Covering the Trump Impeachment

Moderator: Jay Ward Brown, Partner, Ballard Spahr, Washington, DC

Panelists: Kyle Cheney, Congress Reporter, POLITICO, Washington, DC

Laura Handman, Partner, Davis Wright Tremaine LLP, Washington, DC

9:00 a.m. Legal Ethics Bruce E.H. Johnson, Partner, Davis Wright

Tremaine LLP, Seattle, WA

Trisha M. Rich, Partner, Holland & Knight LLP, Chicago, IL and New York, NY

9:10 a.m. PANEL 1 Q&A

9:20 a.m. Break

For more information or to register, visit law.ku.edu/media-law-seminar

Luncheon AddressDave Jorgenson, Video Producer

The Washington Post

Dave Jorgenson is a video producer, editor and writer for “The Department of Satire” and various scripted series for The Washington Post. In the last year, he launched the Post’s TikTok account. He posts 5-6 TikTok videos a week and has grown the account from zero to 350,000 followers since May 2019.

Page 3: University of Kansas School of Law | School of Law - Caught in the … · We will also examine the current and future state of the limited-purpose public-figure doctrine in light

9:30 a.m. PANEL 2  All the World’s a (Public) Stage: Is a Viral Figure a Public Figure?

Moderator: Monica Dias, Member, Frost Brown Todd, Cincinnati, OH

Panelists: Michael J. Grygiel, Shareholder and Co-Chair, National Media and Entertainment Litigation Practice, Greenberg Traurig, LLP, Albany, New York, NY

Jane Kirtley, Director and Professor, Silha Center for the Study of Media Ethics and Law, University of Minnesota Hubbard School of Journalism and Mass Communications/ Law School, Minneapolis, MN

The Hon. Deanell Reece Tacha, (ret.), former Chief Judge, U.S. Court of Appeals for the Tenth Circuit, and former Dean of the Pepperdine University School of Law, Lawrence, KS

10:20 a.m. Legal Ethics Bruce E.H. Johnson and Trisha M. Rich

10:30 a.m. PANEL 2 Q&A

10:40 a.m. Break

11:00 a.m. PANEL 3  Takedown Shakedown

Moderator: Dana J. McElroy, Partner, Thomas & LoCicero, Fort Lauderdale, FL

Panelists: David Bralow, Senior Vice President/Law, First Look Media and Legal Director for the Press Freedom Defense Fund, New York, NY

Matthew Leish, Assistant General Counsel, Tribune Publishing Company, New York, NY

Elizabeth Ryder, Executive Vice President & General Counsel, Nexstar Media Group, Inc., Irving, TX

11:50 a.m. Legal Ethics Bruce E.H. Johnson and Trisha M. Rich

Noon PANEL 3 Q&A

12:10 a.m. Luncheon Address Dave Jorgenson, Video Producer, The

Washington Post, Washington, DC

1:30 p.m. PANEL 4  So Close, Yet So Far Away: Ethics in the Cloud

Moderator: Jonathan Peters, Assistant Professor, Grady College of Journalism and Mass Communication/School of Law, The University of Georgia, Athens, GA

Panelists: Stephen K. Doig, Professor, Cronkite School of Journalism, Arizona State University, Seattle, WA

Jane Kirtley, Director and Professor, Silha Center for the Study of Media Ethics and Law, University of Minnesota Hubbard School of Journalism and Mass Communications/ Law School, Minneapolis, MN

David A. Schulz, Senior Counsel, Ballard Spahr LLP, New York, NY

2:30 p.m. PANEL 4 Q&A

2:40 p.m. Break

3:00 p.m. PANEL 5  Area of Influence: Risks and Rewards of the Emerging Social Media Marketplace

Moderator: Natalie Harris, Partner, Baron Harris Healey, Chicago, IL

Panelists: Vanessa Calcara, Owner, Sunflower State of Mind LLC, Lenexa, KS

Liz Hawks, Senior Vice President and Partner, FleishmanHillard, Kansas City, MO

Jaclyn Voran, Marketing Manager – PR & Influencer Relations, Hallmark Cards, Inc., Kansas City, MO

3:50 p.m. Legal Ethics Bruce E.H. Johnson and Trisha M. Rich

4:00 p.m. PANEL 5 Q&A

4:15 p.m. Adjourn

4:30 p.m. Cocktail Reception

For more information or to register, visit law.ku.edu/media-law-seminar

Page 4: University of Kansas School of Law | School of Law - Caught in the … · We will also examine the current and future state of the limited-purpose public-figure doctrine in light

For more information or to register, visit law.ku.edu/media-law-seminar

Kansas City AttractionsThinking of enjoying the weekend in Kansas City after the seminar? There are attractions for everyone, including:• Crown Center is the Midwest’s premier family

destination, thanks in large part to our collection of Attractions & Theaters. A plethora of one-of-a-kind stores and dining choices await you at the Crown Center Shops.

• Country Club Plaza is a 15-block district which is one of Kansas City’s popular retail, dining and entertainment destinations.

• Westport: A fusion of local eateries, fashionable boutiques and hot night spots compounded with remnants of the neighborhood’s historic past, this entertainment district boasts a rich history as the oldest established community in Kansas City. More than 150 years ago, Westport marked the passage into the western frontier and set the foundation for what it is today: a thriving shopping center and entertainment district.

• Crossroads Arts District: Kansas City’s eclectic enclave hosts boutique shops, one-of-a-kind restaurants, creative businesses, studios and art galleries.

• Kansas City Power & Light District: Spread over a half-million square feet, the Kansas City Power & Light District is the Midwest’s premier entertainment epicenter. With more than 50 unique and captivating shops, restaurants, bars and entertainment venues, the district offers something for everyone.

For additional information on the above attractions and Kansas City events, visit visitkc.com.

SponsorsThe Kansas City Metropolitan Bar Association

Media Law Committee University of Kansas School of Law

Contributors• AXIS Insurance• Ballard Spahr LLP• Bryan Cave Leighton Paisner LLP• Cowan, DeBaets, Abrahams & Sheppard LLP• Davis Wright Tremaine LLP• Fox Rothchild LLP• Frankfurt Kurnit Klein & Selz PC• Greenan, Peffer, Sallander & Lally, LLP • Haynes and Boone LLC• Katten Muchin Rosenman LLP

• Lathrop GPM• Mandell Menkes LLC• Prince Lobel Tye LLP• Satterlee Stephens LLP• Thomas & LoCicero PL• University of Kansas School of Media, Law &

Technology Program• Vedder Price• Waller Lansden Dortch & Davis LLP

Coordinated by