Fair Play or Out of Bounds?

Fair Play or Out of Bounds?

The Use and Abuse of the First Amendment in Sports, Entertainment and Popular Culture

29th Annual

Seminar

Friday, April 29, 2016 | 8:00 a.m. ? 4:15 p.m.

InterContinental Hotel at the Plaza, Kansas City, Missouri

law.ku.edu/media-law-seminar

BONUS SESSION* Lights! Action! Insurance! Insuring Sports, Stars and Super Events

Thursday, April 28, 4?5:45 p.m.

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

29th Annual Seminar

Each year, the University of Kansas School of Law and the Kansas City Metropolitan Bar Association Media Law Committee host the Media and the Law Seminar in Kansas City, along with other local events, to facilitate and encourage dialogue about the latest legal issues and developments in media, law and technology.

Program Overview

Lawyers know that having fun can be hard work. While sports, entertainment, and the Internet may be diversions that most folks use to unwind, they are rife with potential legal pitfalls for media entities, artists, and fans alike. The current state of pop culture-- and the way we talk about it online--is quickly changing the legal landscape on important issues like defamation, privacy, and intellectual property. At this year's conference, we will focus on the intersection of law and pop culture, discussing topics such as right of publicity issues related to NCAA athletes in video games and creative works, lessons to be learned from high-profile trials that feature celebrity plaintiffs, protecting free speech rights in the era of Internet lynch mobs and online harassment, and more.

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

Lodging A block of rooms has been reserved at the InterContinental Kansas City at the Plaza, 401 Ward Parkway, Kansas City, Mo., until 5 p.m., March 28, 2016. After that date, room availability and rate cannot be guaranteed. Make reservations by calling 866-856-9717, or reserve your room online at . To receive the special seminar rate of $189, mention that you will be attending the University of Kansas Media and the Law Seminar or use the group code M16 when registering online.

Location & Parking InterContinental Kansas City at the Plaza, 401 Ward Parkway, Kansas City, Missouri. Hotel guest valet parking is $20 a day or self-park for $15 a day. Participants commuting to the seminar can park during the day at the InterContinental at no cost.

Sponsors

The Kansas City Metropolitan Bar Association Media Law Committee and University of Kansas School of Law

Contributors

AXIS Insurance; Fox Rothschild LLP; Holland & Knight LLP; Katten Muchin Rosenman LLP; KU School of Law Media, Law and Technology Program (In memory of Landon Rowland); Larry Worrall; Lathrop & Gage LLP; Levine Sullivan Koch & Schulz LLP; OneBeacon Technology Insurance; Satterlee Stephens Burke & Burke LLP; Vedder Price; and the Media, Privacy and Advertising Law Committee of the Tort, Trial and Insurance Practice Section of the ABA

Coordinated by

University of Kansas Professional & Continuing Education law.ku.edu/media-law-seminar

Luncheon Speaker

Don Fehr

Don Fehr is the Executive Director of the National Hockey League Players' Association (NHLPA). Since assuming the post in 2010, Don has focused on building active participation by players in their union, and has travelled extensively to meet and consult with players around the league. Don serves as chief negotiator in collective bargaining with the NHL.

Before joining the NHLPA, Don spent 33 years with the Major League Baseball Players Union (MLBPA), the last 26 as Executive Director. Over this time, Don successfully maintained unity through one lockout and two strikes; litigated the collusion cases of the 1980s which led to the owners paying $280 million in damages to the players; won the bad-faith bargaining case that ended the 1994?95 strike and subsequently negotiated an agreement; and negotiated new agreements with MLB in 2002 and 2006. These achievements resulted in an extended era of uninterrupted play, and new levels of stability in baseball labor relations.

Don helped build the strength of baseball's union by keeping the players involved and informed, and developing a strong consensus on all important issues. His goals are the same at the NHLPA.

Kansas City Attractions

Thinking of enjoying the weekend in Kansas City after the seminar? There are attractions and events for everyone, including:

Country Club Plaza Across the street from the InterContinental Hotel at the Plaza, the 15-block district 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 .

Thursday, April 28

4-5:45 p.m. BONUS SESSION* Lights! Action! Insurance! Insuring Sports, Stars and Super Events 2 hours CE & 2 hours CLE (A program jointly sponsored by the KCMBA and the Media, Privacy and Advertising Law Committee of the ABA/TIPS)

*Free when attending the Friday program

Moderator: Tom Curley, Partner, Levine Sullivan Koch

& Schulz, LLP, Washington, DC

Panelists: Emily Caron, Vice President, Media Liability

Claims, OneBeacon Technology Insurance, Overland

Park, KS; Robert Frost, President, Frost Specialty, Inc., Nashville, TN; Bob Latham, Partner, Jackson Walker LLP, Dallas, TX; Judith E. Pottorff, Corporate Counsel,

Kansas Athletics, Inc., Lawrence, KS

Friday, April 29

7:00 a.m. Registration & Continental Breakfast

8:00 a.m.

Welcome Emily Caron, Co-Chair, Media and the Law Committee,

Vice President, Media Liability Claims, OneBeacon

Technology Insurance, Overland Park, KS; Eric Weslander, Co-Chair, Media and the Law Committee,

Attorney, Lathrop & Gage, Kansas City, MO

Seminar Moderator: Mike Kautsch, Professor,

Media, Law & Technology, University of Kansas School of Law, Lawrence, KS

8:10 a.m. PANEL 1 In The Game: The Right of Publicity Takes on

the First Amendment

Moderator: Sandra Baron, Senior Fellow, Yale Law

School's Information Society Project and Abrams Institute for Freedom of Expression, New York, NY

Panelists: Kevin W. Goering, Partner, Norwick Schad & Goering, New York, NY; Louis P. Petrich, Partner,

Leopold, Petrich & Smith, Los Angeles, CA

9:00 a.m. Legal Ethics: Bruce Johnson, Partner, Davis Wright Tremaine LLP, Seattle, WA; Lucian T. Pera, Partner,

Adams and Reese LLP, Memphis, TN

9:10 a.m. Q&A

9:30 a.m. PANEL 2 Copyright: The Future Ain't What it Used

to Be

Moderator: Katherine Spelman, Partner, K&L Gates,

Seattle,WA

Panelists: Dale Cendali, Partner, Kirkland & Ellis, New York, NY; Regan A. Smith, Associate General Counsel,

U.S. Copyright Office, Washington, DC

10:20 a.m. Legal Ethics

10:30 a.m. Q & A

10:40 a.m. Break

11:00 a.m. PANEL 3 Don't Feed the Trolls: Balancing Victims'

Rights, Privacy, and the First Amendment in

Responding to Internet Harassment

Moderator: Roger Myers, Partner, Bryan Cave LLP,

San Francisco, CA

Panelists: Mary Ann Franks, Professor of Law,

University of Miami School of Law, Coral Gables, FL;

Sarah Lacy, CEO, Pando Daily, San Francisco, CA; Andrew Losowsky, Project Lead, The Coral Project at

Mozilla, New York, NY

11:50 a.m. Legal Ethics

Noon Q&A

12:10 p.m. Luncheon Address

Don Fehr, Executive Director, National Hockey League

Players' Association, Toronto, ON

1:30 p.m. PANEL 4 Monday Morning Quarterback: Lessons from

Recent High-Profile Trials

Moderator: Steve Mandell, Partner, Mandell Menkes,

Chicago, IL

Panelists: Steven M. Hayes, Attorney, Steven M. Hayes PC, New York, NY; William B. Kilroy, former juror/ real estate investor, Frankfort, IL; Leita Walker, Partner,

Faegre Baker Daniels, LLP, Minneapolis, MN

2:20 p.m. Legal Ethics

2:30 p.m. Q&A

2:40 p.m. Break

3:00 p.m.

PANEL 5 Free Speech vs. Safe Speech: What the Campus Unrest at the University of Missouri and Elsewhere Can Teach Us About the First Amendment

Moderator: Daxton "Chip" Stewart, Associate Dean

and Associate Professor, Texas Christian University, Fort Worth, TX

Panelists: Carl Kenney, pastor at Bethel Church,

Adjunct Professor, Missouri School of Journalism,

Columbia, MO; Earnest Perry, Associate Professor, Missouri School of Journalism, Columbia, MO; Catherine Sevcenko, Associate Director of Litigation, Foundation for

Individuals Rights in Education, Washington, DC

3:50 p.m. Legal Ethics

4:00 p.m. Q&A

4:15 p.m. Adjourn

4:30 p.m. Cocktail Reception InterContinental Rooftop Lounge Sponsored by OneBeacon Technology Insurance; Larry Worrall

For more information or to register, find us at law.ku.edu/media-law-seminar

1515 Saint Andrews Drive Lawrence, KS 66047-1619

160420

Fair Play or

Out of Bounds?

The Use and Abuse of the First Amendment in Sports, Entertainment and Popular Culture

29th Annual

Seminar Friday, April 29, 2016 8:00 a.m. ? 4:15 p.m. law.ku.edu/media-law-seminar

Featuring

? In The Game: The Right of Publicity Takes on the First Amendment

? C opyright: The Future Ain't What it Used to Be

? D on't Feed the Trolls: Balancing Victims' Rights, Privacy, and the First Amendment in Responding to Internet Harassment

? M onday Morning Quarterback: Lessons from Recent High-Profile Trials

? F ree Speech vs. Safe Speech: What the Campus Unrest at the University of Missouri and Elsewhere Can Teach Us About the First Amendment

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