7 CPD HRS CONFERENCE IT & Online Law Conference May 2015 PICTURE TO BE PLACED HERE w w w. l a w y e r s e d u c a t i o n. c o. n z
From the Chair Technology and in particular Information and Communications Technologies do not stand still. Continuing innovation means that we are constantly having to adapt to the new challenges that these changes present. In the past twelve months some of our pre-conceptions about the applicability of law and legal rules have been scrutinised. The liability of a Facebook page host for defamatory comment by a third party was examined in the High Court and re-examined in the Court of Appeal in Murray v Wishart. One session at this conference will consider other avenues for remedies to reputational harm online. The nature of digital property has been considered by the Court of Appeal in the context of crime in Dixon v R and Watchorn v R. A session in this year s conference will look at the disposition and management of virtual or digital property of a deceased person. The nature of the technology behind Google Adwords was a significant feature of the case of Intercity Buses v Naked Bus. And these are just a few examples. The right to be forgotten demonstrates collisions behind technological realities regarding information preservation and aspects of privacy law. In addition there have been legislative changes regarding the implementation of technology and the extent of that implementation in the State s surveillance of citizens. This one-day IT and Online Law conference gives practitioners, law professionals and those in the ICT industry an opportunity to increase their awareness and understanding of the impact of IT on the law and legal practice. It will discuss recent changes in technology law and provide an insight on areas of concern, interest and possible future developments. The conference is aimed at equipping you with the information you need to be aware of when advising clients, to know how to recognise when issues are likely to arise, to know how to deal with the issues and where to apply legal principles. We have a great line up of expert presenters who will use practical examples to discuss and illustrate the main issues. Sessions will consider the way in which legal advice should be provided to high growth tech companies, the applicability of the Fair Trading Act to IT and online contract terms, software procurement and cloud issues, the problems surrounding aspects of intellectual property and corporate control upon taking a start-up to an IPO, and issues surrounding net neutrality to mention but a few. The format will differ from earlier similar conferences in that there will be special interest break out sessions to recognise the increasing complexity of the interaction of law and technology. The day will end with drinks and nibbles. We look forward to seeing you at the conference. His Hon Judge David Harvey Auckland District Court CONTENTS 1 Programme at a glance 2 The programme 5 Speakers 8 Information 2
Programme at a glance 8.00 8.30 REGISTRATION 8.30 8.45 OPENING REMARKS The online environment and change Chair: His Hon Judge David Harvey 8.45 9.15 KEYNOTE ADDRESS Death and the internet Rick Shera 9.15 10.00 PLENARY Translating tech - how lawyers can become trusted advisers to a new kind of client Sacha Judd 10.00 10.25 MORNING TEA 10.25 11.10 PLENARY IT and online contract terms including Fair Trading Act changes Michael Wigley 11.10 11.55 PLENARY The right to be forgotten Joy Liddicoat 11.55 12.45 BREAKOUT SESSION 1: A, B, C 12.45 1.30 LUNCH A What you need to know when developing a mobile app Edwin Lim B Developments in copyright and technology Mark Heine C Future-proofing for sale or capital raising Josh Blackmore 1.30 2.15 BREAKOUT SESSION 2: A, B, C A Enterprise software procurement and the cloud - a practical guide to key legal issues Tim Sherman B Software licences Tom Maasland C Work and social media - where does the job end, and life begin? Andrew Scott-Howman 2.15 3.00 PLENARY The right to keep facts private and control them once made public Clive Elliott QC and His Hon Judge David Harvey 3.00 3.20 AFTERNOON TEA 3.20 4.05 PLENARY Developments in online content law His Hon Judge David Harvey 4.05 4.50 PLENARY Net neutrality in New Zealand Susan Chalmers 4.50 5.00 CLOSE Chair: His Hon Judge David Harvey 5.00 6.00 DRINKS AND NIBBLES 1
Programme 8.00 8.30 REGISTRATION 8.30 8.45 OPENING REMARKS The online environment and change Chair: His Hon Judge David Harvey 8.45 9.15 KEYNOTE ADDRESS Death and the internet Rick Shera We increasingly live online in websites, cloud storage facilities, game avatars, social media platforms, snaps and even gmail conversations. How does or should the law deal with this online persona when we die, like the 30 million or so Facebook users who have gone before us? 9.15 10.00 PLENARY Translating tech - how lawyers can become trusted advisers to a new kind of client Sacha Judd Sacha will cover the key differences in providing legal advice to early stage and high growth tech companies, the key legal hurdles that tech companies encounter, and the ways in which lawyers can help power the new economy. 10.00 10.25 MORNING TEA 10.25 11.10 PLENARY IT and online contract terms including Fair Trading Act changes Michael Wigley New law on contract terms including: Limitation of liability IT/online B2B and B2C. Fair Trading Act changes: What s important (and what s not) in IT and online contracts Reducing the risk that the court goes against the contract drafter s intentions. 11.10 11.55 PLENARY The right to be forgotten Joy Liddicoat What are the origins of this emerging right? What are the likely implications for NZ law? How can we effectively regulate and enforce this right in a global online environment? Latest developments. 11.55 12.45 BREAKOUT SESSION 1: A, B, C A What you need to know when developing a mobile app Edwin Lim So your business has come up with a great idea for a mobile app. It s sorted out the design and technical side of things but has it considered what it needs to do to protect its most valuable asset in the app the intellectual property? This session provides a brief overview of some of the legal issues the business should consider when developing the app, including: How it can secure the ownership of the intellectual property in its app Issues to consider in the development of the app How to protect its app How to minimise its liability through the use of a licence agreement. B Developments in copyright and technology Mark Heine There have been a number of cases over the past couple of years testing the boundaries of copyright law. This session will involve an exposition into recent cases in New Zealand and overseas on areas including: Copyright in computer programs whether the functionality and non-literal elements of a computer program are protected by copyright 2
The right to communicate copyright works in public what does the exclusive right cover and when can it be applied The rise of blocking injunctions requiring internet service providers to block access to websites hosting content infringing copyright or counterfeit goods. C Future-proofing for sale or capital raising Josh Blackmore Although every business is different, there are some common themes for tech firms when selling out or down, bringing on new investors or going to an or the IPO. Josh will discuss how investors and intermediaries will analyse the risks associated with a business, the process they will follow and the material issues they will be looking for. He will discuss the common problems that tech firms encounter in these circumstances (including uncertain ownership of intellectual property, change of control issues in key contracts, difficult non-dilution and founder veto provisions in existing arrangements, questions concerning legal compliance of prior fundraising, and inadequate housekeeping ). Finally, Josh will provide some practical ways to address these issues with (just a bit) of forward planning. 12.45 1.30 LUNCH 1.30 2.15 BREAKOUT SESSION 2: A, B, C A Enterprise software procurement and the cloud a practical guide to key legal issues Tim Sherman Distinguishing true Software as a Service (SaaS) offerings from more traditional managed services Key questions for the early stages of the procurement process How the procurement process plays into the contract terms and contract negotiations Size and duration of customer commitment Vendor commitment on functionality and service levels Pricing and payment model Service levels and consequences Release management Mitigating risks to service continuity and control of data. B Software licences Tom Maasland The key things to look out for in a software licence agreement when the business wants to sign RIGHT NOW; and - steps you might take if you are audited for your software licence use. C Work and social media - where does the job end, and life begin? Andrew Scott-Howman This session will cover: Social media as evidence Facebook posts and prospective employers GPS devices and employment Privacy issues Some recent cases. 2.15 3.00 PLENARY The right to keep facts private and control them once made public Clive Elliott QC and His Hon Judge David Harvey This session will cover: Property in data Hacking Publication of misappropriated information Nature of digital property Dixon v R and Watchorn v R. 3
3.00 3.20 AFTERNOON TEA 3.20 4.05 PLENARY Developments in online content law His Hon Judge David Harvey Defamation Harmful Digital Communications Bill Harassment. 4.05 4.50 PLENARY Net neutrality in New Zealand Susan Chalmers The net neutrality debate gained momentum last year. The introduction of Brazil s Marco Civil da Internet, the Obama Administration s urging the Federal Communications Commission to reclassify ISPs under Title II of the Communications Act, and a number of other political and legislative developments worldwide have put net neutrality at the forefront of Internet policy debates in global fora, including the United Nations Internet Governance Forum. Does New Zealand have a net neutrality problem? If so, how is that problem defined? This session will explore what questions should be asked about net neutrality in New Zealand, as well as opportunities for legislative reform. 4.50 5.00 CLOSE Chair: His Hon Judge David Harvey 5.00 6.00 DRINKS AND NIBBLES LEARNING OBJECTIVES You will: Have an understanding of current developments in IT, their impact, and the challenges they present to legal practice. Be equipped with the practical information you need when advising your client, including, understanding when issues are likely to arise, how to deal with them and apply legal principles. Live Web Stream We are delighted to be offering the IT & Online Law Conference via Live Web Stream direct to your computer! There s no need to leave the office, just sign in, sit back, and enjoy the day! If you ve been able to successfully view an NZLS CLE live webinar you should be able to view the Live Web Stream. How it works, together with testing and technical requirements, are available on our website. CPD Compliant The Live Web Stream is CPD compliant and we re here to help CLE will provide technical support on the day if you encounter an issue with your Live Web Stream. Please note: Live Web Stream registrations close 3pm Tuesday 5 May. 4
Chair His Hon Judge David Harvey, Auckland District Court Judge Harvey was appointed a District Court Judge in 1989. He has been closely involved with Information Technology initiatives involving the Judiciary including the development of trial management software. In addition to his Judicial duties, Judge Harvey is consultant editor for Electronic Business and Technology Law, LexisNexis, and a member of the Editorial Board for Technology Law Forum, LexisNexis. He is a part-time lecturer at the Faculty of Law, University of Auckland, teaching law and information technology. He has written extensively in the field of law and technology and has presented a number of papers to conferences both in New Zealand and overseas on related topics. He was Chair of the Copyright Tribunal (2002 2008) and has had published a book on the law and networked systems entitled internet.law.nz - selected issues, now in its third edition. Keynote Speaker Rick Shera, Partner, Lowndes Jordan, Auckland Rick has a Masters degree with first class honours in copyright and internet law from Auckland University. He heads up Lowndes Jordan s IT/IP team, which acts for telcos, ISPs, cloud service providers, media companies, digital publishers and authors, webdesign houses, software and app developers and network providers/integrators, as well as providing IP and IT advice to general business and corporate clients. Rick is the first lawyer to become an IITP Information Technology Certified Professional. He is a previous Vice President of InternetNZ, where he was instrumental in formulating.nz domain name policy, and consults to the NZ Telecommunication Carriers Forum. Rick has advised numerous start-ups and growth companies from formation onwards. Rick is also chair of Cybercitizenship NFP, NetSafe, and a director of Crown Company, The Network for Learning Limited. Speakers Josh Blackmore, Partner, Chapman Tripp, Wellington Josh advises clients on a broad range of corporate and commercial matters including corporate transactions, capital raisings, listed company advice, corporate governance and general company law. He has advised tech companies on fund raising and M&A transactions, including advising ikegps on its $25m IPO and NZX Main Board Listing, and a number of companies in other sectors on IPOs and major transactions. Susan Chalmers, Principal, Chalmers & Associates, Wellington Susan is a Wellington-based consultant providing services to groups involved in internet policy and internet governance, in New Zealand and overseas. In 2013, she was appointed by the UN Secretary General to the Internet Governance Forum Multistakeholder Advisory Group. From 2011 to 2013 she was the Policy Lead at internet New Zealand, where she led the development of the organisation s positions on various internet-related issues. Before moving to New Zealand, Susan worked as a sound recording licensing agent at the Old Town School of Folk Music in Chicago. She has interned at Lawyers for the Creative Arts (Chicago) and the World Intellectual Property Organization (New York). Before law school and after university, Susan was the Executive Director of the Cape Cod Chamber Music Festival. She holds an LLM from the University of Auckland, a JD from Loyola University Chicago, and a BMus (Piano Performance) and BA (French) from the University of Michigan. 5
Speakers Clive Elliott QC, Barrister, Auckland Clive is a barrister, patent attorney and arbitrator. He specialises in the IP, technology and media areas and has acted as counsel in a number of leading cases in the area. Clive is a Council member of the NZ Bar Association and the Auckland Branch of the NZ Law Society. He is immediate past president of IPSANZ. He is convenor of the Intellectual Property Committee of the New Zealand Law Society. Clive is a contributing author of the LexisNexis text Copyright and Design in New Zealand. He is a frequent writer and commentator on IP and Information Technology issues and is a member of the Editorial Board of the Intellectual Property Forum. Clive is named in the International Who s Who - of Patent Lawyers and of Internet & E-Commerce Lawyers; and the World Trademark Review s World s Leading Trademark Professionals. Mark Heine, Senior Solicitor, Hudson Gavin Martin, Auckland Mark is a litigation lawyer at Hudson Gavin Martin and specialises in intellectual property disputes. He has worked in New Zealand and Australia and has obtained a wide range of experience in commercial disputes, particularly for clients in media, IT and pharmaceutical industries. Mark s experience includes acting for clients in copyright, trade mark and patent infringement proceedings, contractual and tortious disputes, judicial review and regulatory investigations and proceedings brought by the Commerce Commission and Australian Competition and Consumer Commission. Sacha Judd, Partner, Buddle Findlay, Auckland Sacha is a corporate partner, specialising in mergers and acquisitions, securities law and takeovers. She has a passion for assisting technology start-up companies, and is a host of the tech start-up group Flounders Club. Sacha advises a number of young companies in the digital space in relation to establishment, contracts, shareholder arrangements and capital raising, including Vend, Revert, Hoist, Timely, Pocketsmith, Atomic, Letterboxd, Lil Regie, My Tours, 9Spokes, Ask Nicely, Minutedock, Pushpay, PledgeMe, Glassjar and others. Joy Liddicoat, Assistant Commissioner - Policy and Operations, Wellington Joy joined the Office in January 2015. She was a Human Rights Commissioner from 2002 to 2010, having previously worked for 16 years as a lawyer in public, private and community sectors, specialising in public law. Since leaving the HRC, in addition to maintaining her legal practice, Joy has been working with the Association for Progressive Communications, a global network of civil society groups advocating for affordable access to a free and open internet and other aspects of technology-related human rights issues. She is Vice President of Internet NZ, and was Chair of the Domain Name Commission from 2010 to 2014. Edwin Lim, Partner, Hudson Gavin Martin, Auckland Edwin is a partner at Hudson Gavin Martin, a boutique commercial and corporate law firm specialising in technology and IP. He has significant experience in New Zealand and the Middle East in technology procurement, outsourcing, IP commercialisation, technology due diligence, and general commercial matters. Edwin has worked for clients in various industry sectors including the technology, banking, government, media, automotive and healthcare sectors. In addition to his law degree, he has a commerce degree majoring in Information Systems, so he understands both the technical and legal issues involved in technology matters. Edwin sits on the boards of the NZ Software Association, NZ Game Developers Association and NZ Middle East Business Council. 6
Speakers Tom Maasland, Consultant, Russell McVeagh, Auckland Tom is a specialist in technology and general commercial transactions with over 14 years experience gained in New Zealand and the UK both as an in-house lawyer for Telefonica O2 in London and Spark (formerly Telecom) in New Zealand and in private practice. He joined Russell McVeagh in 2013 to lead the firm s Information Communications and Technology team in Auckland. Tom advises on a wide range of business critical IT transactions including: technology procurement and sales; managed services; hosting services; software licensing; systems integration and development; and outsourcing. He also advises on a wide range of general commercial matters. Andrew Scott-Howman, Barrister, Wellington Andrew was an employment law partner at Bell Gully between 2003 and 2008, following which he was a partner in the Crown Solicitor s Office in Wellington from 2009 to 2012. He went to the independent bar in February 2012. He has represented clients in a wide variety of industries and has advised private sector employers, Crown Entities, individual employees and unions. He has particular expertise in mediation, and has acted as advocate at all levels (including the Employment Relations Authority, the High Court, the Employment Court and the Court of Appeal). He is the author of the Brookers text Workplace Stress in New Zealand, and is a member of the New Zealand Law Society s employment law committee. Chambers Asia Pacific lists Andrew as a Band 1 Leading Individual and records his clients endorsement as the best at what he does in the country. Tim Sherman, Senior Associate, Chapman Tripp, Wellington Tim specialises in commercial law with an emphasis on technology projects and partnerships, outsourcing, energy, procurement and intellectual property. He has more than ten years experience advising a wide range of clients, from large corporates and government departments to brand new start-ups. Tim also has a keen interest in New Zealand s creative industries, both as a legal adviser to Weta Workshop and a number of other film and videogame projects, and also as a board member of the PIPI Trust, a not-for-profit which aims to empower the next generation of IP creators to commercialise their own creative content and export it to the world. Michael Wigley, Principal, Wigley and Company, Wellington Michael s clients include many IT companies, telcos and ICT customers. He has a focus on complex disputed issues, regulation including competition and sales/consumer law, and public law. 7
Information VENUES Auckland 7 May 2015 The Langham 83 Symonds St, Grafton, Auckland ACCOMMODATION Accommodation at special conference rates has been reserved for conference participants at the following hotels. Auckland The Langham 83 Symonds St $176 (incl gst) Wellington Rydges Wellington 75 Featherson St $189 (incl gst) The Langham has valet parking for $45 a day or there is a Wilson car park behind the Langham, $25 for 12 hours. Wellington 8 May 2015 Rydges Wellington 75 Featherston St, Wellington James Cook Hotel Grand Chancellor 147 The Terrace $185 (incl gst) To secure accommodation at these rates and make your travel arrangements, contact Louise Living, Travel Managers, email louise.living@travelmanagers.co.nz, telephone 04 978 2328. Rydges has Valet parking for $20 a day or $30 overnight. There are several Wilson carparks close by and on street parking. FEE (INCL GST) The registration fee includes extensive materials, morning and afternoon teas, lunch, and drinks and nibbles at the end of the day. Materials are available when you register at the conference. EARLYBIRD RATE By 9 April 2015 After 9 April 2015 NZLS member $875 NZLS member $925 Non-member $925 Non-member $975 Please note: NZLS members include NZLS Associate members 8 CANCELLATION AND REFUND POLICY Please note: Minimum and maximum numbers apply. Registrations will be accepted on a first-come/first-served basis. Registrations close 10 working days before the presentation date (the closing date). NZLS CLE Ltd reserves the right to cancel the conference if it does not reach the budgeted minimum number of registrations. This decision will be made on the closing date and a full refund will be made to each registrant of the cancelled session. If you cancel your registration before the closing date, a refund will be made, less a $200 administration fee. After the closing date, there will be no refund. You may transfer your registration until five working days before the presentation. Please advise NZLS CLE Ltd in writing of the change.
CONFERENCE REGISTRATION: Online registration and payment can be made at www.lawyerseducation.co.nz IT & Online Law Conference PLEASE REGISTER ME FOR AUCKLAND - 7 MAY WELLINGTON - 8 MAY LIVE WEB STREAM - 8 MAY ( NB: Live Web Stream registrations close 3pm Tuesday 5 May.) LAST NAME FIRST NAME TITLE(PLEASE PRINT) NAME FOR NAME TAG FEE (INCL GST) MAY 2015 Registrations will not be actioned until payment is received. The registration fee includes extensive materials, morning and afternoon teas and lunch, and drinks and nibbles at the end of the day. Please note: NZLS members includes NZLS Associate members. Earlybird rate By 9 April 2015 Or After 9 April 2015 NZLS member $875 $925 Non-member $925 $975 FIRM/ORGANISATION $ PO BOX DX TOWN/CITY PHONE FAX EMAIL BREAKOUT SESSION CHOICES Please indicate by ticking boxes below which sessions you wish to attend. Choose one session only per time slot. PAYMENT I attach a cheque made payable to NZLS CLE Ltd Please debit my credit card account MASTERCARD VISA AMEX CARD NUMBER Breakout Session 1: 11.55 12.45 A - What you need to know when developing a mobile app B - Developments in copyright and technology C - Future-proofing for sale or capital raising Breakout Session 2: 1.30 2.15 A - Enterprise Software Procurement and The Cloud a practical guide to key legal issues B - Software licences C - Work and social media: where does the job end, and life begin? EXPIRY DATE NAME ON CARD SEND TO:NZLS CLE Ltd PO Box 5041, Wellington 6145 DX SP20202 or Fax 04 463 2986 CARD SECURITY CODE SIGNATURE OF CARDHOLDER INQUIRIES:0800 333 111 or cle@lawyerseducation.co.nz SPECIAL DIETARY NEEDS CANCELLATION AND REFUND POLICY If you cancel your registration 10 working days before the conference date a refund will be made, less an administration fee of $200 (incl GST). After this date there will be no individual refunds unless the conference is cancelled. Registrations are transferable to another person up until five working days before the presentation. Please advise NZLS CLE Ltd in writing of the change. NZLS CLE Ltd reserves the right to cancel or reschedule this conference if necessary. PRIVACY ACT 1993 The information requested on this registration form is for NZLS CLE Ltd and the sponsors only. If you do not wish the sponsors to receive your contact details in order to send you related information, please indicate below. I do NOT wish the sponsors to receive my contact details. TO REGISTER AND PAY ONLINE OR VIEW THE CLE PROGRAMME AND PURCHASE BOOKLETS SEE www.lawyerseducation.co.nz