Saturday, January 26, 2008

Bill, Don, and Alan Hard at Work

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Chris and Hassan

Chris's husband joined us all for Dinner.

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Winter Working Dinner

We continued our exploration of the Twin Cities and visited Il Vesco Vino, a new restaurant in Saint Paul in a historic mansion.

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William Mitchell Reception

Chris Kunz, a professor at William Mitchell College of Law in Saint Paul, organized a reception with the Committee and students from William Mitchell. We all had a great time and convinced the students that Cyberlaw is still cool.

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Kunz Avatar

William Mitchell magazine recently wrote an article about Chris Kunz's work on the legal issues surrounding Second Life. They even created an Avatar for her.

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Don Cohn at Work

Long-time member Don Cohn develops ideas for the update of the book on Employee Use of the Internet

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Friday, January 25, 2008

One Laptop Per Child

John Gregory brought his new laptop from the One Laptop Per Child program.

I think we're all going to try to get our hands on it to experiment while he's here.

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Updating "Employee Use of the Internet"

Vince Polley and William Denny lead a discussion about updating Vince and David Doubillet's book from 2002 on Employee Use of the Internet. The book is still available for purchase here.

The group also discussed the planning for an upcoming seminar discussing the impact of newer Internet technologies on companies, including:

-Employee blogs in which employees divulge information about their employer
-Customer blogs that rant about or expose poor service or product defects
-Generation Y's use of MySpace and other social networking tools

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Welcome to the WWM

Candace kicks off the meeting.

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Cyberspace Merchandise

Chris Kunz's husband has designed some Cyberspace clothing for us to purchase. Contact Chris to place an order.

Dinner Saturday Night -- 3 Spots Left

If you're interested in dinner on Saturday night, find Chris Kunz. She's made reservations for a small group of those staying over until Sunday for the warmer weather.

Thanks to the Sponsors

Several local law firms and businesses stepped up to help sponsor the WWM and provide food, drinks, and other amenities. A special thanks to all of them:

Larkin Hoffman Daly & Lindgren, Michael Fleming
Gray Plant Mooty, Jennifer Debrow
William Mitchell College of Law, Chris Kunz
National Arbitration Forum, Kristine Dorrain
Oppenheimer, Wolff & Donnelly Law Firm, Bob Beattie

Putting "Winter" Back into the Winter Working Meeting

As I always predicted, we'd have a good turnout if we hosted the Winter Working Meeting in a place that actually has winter weather. We've got a large group of new members who are attending. We're 35 strong for the kick off this morning.

Some of the new members include:

Alan Wernick
Chicago, IL

Karen King
Wilmington, DE

Jeff Aresty
Boston, MA

[I'll keep adding as I meet new folks]

Thursday, January 24, 2008

Impromptu Thursday Night DInner at Fogo de Chao

Several of us rode the train from the Mall of America to Downtown Minneapolis to enjoy a Meat Feast at Fogo de Chao.

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Winter Working Meeting Overview

Hello Cyberspacers!

I am really looking forward to welcoming all of you to Minnesota in just a very few days now -- Per the request of a number of you who decided that if you're going to Minnesota it might as well be REALLY cold, I've tried my best to get the big thermostat turned down. No guaranty, but it might actually be a cold-spell next Thursday, so bring a good coat. (And, remember that you'll have cars and busses for most everything you need to do, so don't be overly worried, OK?)

Here is our current draft of the meeting detail for the upcoming Winter Working Meeting here in Minneapolis. You'll note it's set up in the new format Lisa and I discussed with you a few weeks back -- Friday is "Project Day" and Saturday morning is reserved for more traditional subcommittees.

I need any of you who are shown here as being responsible for any of these meetings to get back to Lisa and I with any changes you want made to your project names or descriptions. (In a few cases there are no descriptions, so please help us to fill them in if you are in charge of such a project.)

For those of you who were looking to schedule a traditional subcommittee meeting on Saturday AM, look to see if we've accommodated you. If you did need to meet as a subcommittee (and we have not scheduled you), please let us know quickly. If we have set you up for a slot for your Saturday subcommittee meeting, look at whatever description we've provided and comment accordingly if changes are desired.

Finally -- Look at all of the things that are happening at the same time. We tried to guess how to avoid significant conflicts of projects happening at the same time which should be at two different times, but no doubt there are going to be concerns you can raise on that point. Let us know, and we'll see if we can figure out a fix.

There are still some open slots -- In particular, we have not scheduled the 'big' room at all for breakouts, so we've got more room here (i.e., 2 more project slots and one more subcommittee slot). Given the projected number of attendees (and our recollections of how the last few WWMs went), we're actually thinking that maxing out at about 4-5 slots at a concurrent time is the right number. Still, if a case can be made for expanding that we're all ears.

Finally, please understand as always that Lisa and I will be working our darndest to accommodate what we can, but there are still laws of physics and the like that must be obeyed. In other words, if we come to a conclusion that we're going to have to do something in some particular way, I'm hoping that we'll all live with it, learn how to do this better next time, and move on.

PLEASE PLEASE PLEASE -- Let us know of your requests for changes by end-of-business on Friday (a/k/a tomorrow!).



Friday, January 18, 2008

CAIT Agenda for Winter Working Meeting

I look forward to seeing many of you at the Winter Working Meeting next week in Minneapolis. To whet your appetites, I would like to let you know some of the projects and ideas we are working on, and to invite you to submit additional ideas for topics.

We will be meeting on Friday (January 25), jointly with the Internet Law Subcommittee, to plan a program for the ABA Business Section Spring Meeting, currently entitled "Blurring the Line Between Work and Play: Updating the Rules for Employee Use of Internet and Web 2.0 Technologies". This program is our stepping stone to preparing a revised version of Vince Polley's book published by the ABA in 2002, entitled "Employee Use of the Internet and E-Mail, a Model Corporate Policy." We will be looking for volunteers to help develop a new model corporate policy and to draft commentary for the publication. That new policy will take into account issues that were barely visible in 2002, such as the rampant use by employees of blogs, instant messaging, social networking and free web applications both inside and outside of corporate firewalls. We are interested in collecting as many sample corporate policies as we can find, so if you have one or can get one that you can share, please send it to me or bring it along to the meeting.

Another ongoing CAIT project is the development of a comprehensive checklist, with commentary, of IT issues in mergers and acquisitions. Given the pivotal role that IT plays in the operation of any sizeable company, parties negotiating and structuring a corporate divestiture must consider the treatment to be given to its IT needs. We have an excellent early draft, focusing on categories such as negotiation of the purchase and sale agreement, transitioning from a highly leveraged IT infrastructure, assignment or allocation of third party IT rights, setting up a due diligence review of IT contract rights, and the post-closing relationship between the parties. We will welcome your input and assistance in moving this project to completion, and possibly designing a program to be presented at a future Business Section meeting. We will discuss this at our regular CAIT meeting on Saturday morning.

Other current or potential new projects that we will discuss on Saturday may include:

(1) development of form data transfer agreements for cross-border transactions;

(2) review of IT security issues arising out of the use by corporations of software under mass market licenses and consideration of whether questionable onerous clauses should be enforceable;

(3) preparation of articles or podcasts on discrete but related issues such as blogging guidelines for businesses, the corporate "cybersmear" and online reputation monitoring in the face of the rise of a new breed of search engines such as ZoomInfo, challenges to corporate record management policies in the face of new electronic communication practices, and safe harbors afforded by the Communications Decency Act; and

(4) issues relating to the outsourcing/offshoring of first level document review in an era of eDiscovery.

Looking beyond the Winter Working Meeting, if you have an idea for 15 minute presentation for the CAIT subcommittee meeting at the ABA Business Section Spring Meeting on April 10 in Dallas, please let me know as soon as possible. We have an opportunity to get information into the Spring Meeting program guide if we have the information by this Friday, January 18. Please also put on your thinking caps and send me other ideas for projects that would fit within CAIT's scope.

Best regards, and bundle up for Minneapolis.


Agenda for IP Subcommittee at the Winter Working Meeting

The 2008 Winter Working Meeting is only a week away!

We wanted to follow up on our last e-mail from November to give you a brief glimpse of what will be happening in Minneapolis next week:

You should have received by now the November 2007 issue of The Business Lawyer, which contains the Annual Survey of Cyberspace Law. Both John and Kristine devoted a lot of time last year to preparing the Overview of 2006 Cyberspace IP-related cases. The Cyberspace Committee would like to make this an annual contribution, and we are looking for Subcommittee members who would like to see their names in print. Start collecting your nominations for 2007 Cyberspace IP cases now and either bring them with you to the meeting or e-mail them to us ahead of time. We will compile them and spend some time discussing them in Minneapolis as we have in past years at the Winter Working Meeting. This will serve both as a useful review of 2007 Cyberspace IP case law developments as well as getting more people involved in this project.

We will also spend some time discussing possible new projects, so bring any thoughts, suggestions or problems that need some work with you (or send them to us via e-mail ahead of time). Some thoughts include:
  • The advent of social networking and its implications on web development; including, how open source is being integrated into more development platforms to encourage community development efforts. If others are interested in delving more deeply into open source issues as related to social networking, we will discuss project and program possibilities;
  • Digitization of currently available works (for instance, the taking and display of digital photos of historically significant works) and whether or not these newly digitized works are mere copies of the underlying work, or are derivatives, or something else, and the implications on copyright term. We are interested to hear if anyone is currently addressing these sorts of issues in their practice, and how they are dealing with them;
  • Possible discussion or program or article on common errors, misconceptions, etc. in cease and desist letters. All you have to do is take a look at to see what we mean;
Inevitably, new topics will be proposed and discussed, either from our Subcommittee or as they are thrown out from other subcommittees.

CIPerati (the IP Subcommittee’s electronic newsletter) is always looking for content. Typical articles are reasonably short (1,000 – 2,000 words) preferably continuing useful, practical content on Internet intellectual property topics. Content can be recycled from law firm or other organization newsletters (with permission), or can be original submissions. If you have written or have seen something that you think fits and want to see it published, you can contact Raphael Guttierrez (rguttierrez or Craig Rutenberg (crutenberg of Manatt, Phelps & Phillips, LLP, the editors of CIPerati, or one of the co-chairs and we will pass that information on. Back issues can be viewed at

We hope to see many of you in Minneapolis.

Kristine Dorrain and John Ottaviani, Co-Chairs