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Presentations

I’m an inveterate presenter and have assembled a large collection of informative PowerPoint slide decks. These are just a few…with additional samples of my presentations from SlideShare found below.

Cybersecurity 2014

Cybersecurity 2014

Top 5 Information Mgmt. Issues For 2014-15
The increased visibility, and apparent scale, of recent data breaches has prompted multiple federal agencies to wade into the regulatory waters to protect the security of private consumer information. Yet cybersecurity law remains the “Wild, Wild West.” Corporate officers and boards of directors should take heed. May 2014

SocialStrat 2010

Strafford 2012

Pricing, Predation & Costs: Where Are We Now?
The question of cost-based standards for assessing the antitrust legality of unilateral pricing practices, including bundled and loyalty discounts, continues to confound the federal courts, with the Supreme Court relatively taciturn in its guidance. This presentation from the Strafford Publications “Exclusionary Business Conduct Under the Antitrust Laws” webinar should help. December 2012

SocialStrat 2010

SocialStrat 2010

Managing Legal Risks In Social Media
As social media communications continue to grow virally, the unsettled nature of the law creates enterprise legal risks. This presentation expands on my SocialLex 2010 review of intellectual property, employment and related social media law and policy issues to address risk management and best practices for in-house counsel on the real-time Web. September 2010

SociaLex 2010

SocialLex 2010

Where (What) Is the Law of Social Media?
Having been an early adopter of Twitter, Facebook and other social networking services, I’ve developed more than a passing interest in the evolving law applicable to this fascinating new medium. This presentation for the SocialLex 2010 conference — the first devoted exclusively to law of social media — explores many of the interesting issues posed by the real-time Web. These include intellectual property, such as who owns user generated content, trademarks, employment, corporate and regulatory compliance, and potential regulation. A review of uncharted legal waters and a guide to navigating uncertainty in a Web 2.0 world. March 2010

KDW 2004

KDW 2004

Current Spam Law & Policy
This presentation for the Kelley Drye & Warren Tysons Corner breakfast seminar series focused on the first major area in which federal law preempted state rules applicable to Internet technology. For better or worse — and clearly the latter — the CAN-SPAM Act of 2003 ushered in a new era, in which state experimentation with consumer protection in cyberspace is overridden by congressional mandates in the name of uniformity. Many observers, including myself, predicted that the opt-out permissive “commercial email” policies of CAN-SPAM would perversely result in an increase in unsolicited email. Which is precisely, and unfortunately, what has happened. May 2004

NARUC

NARUC 2004

Telecom Antitrust After Trinko: “Waterloo or D-Day?”
This presentation to the National Association of Regulatory Utility Commissioners explored the potentially revolutionary consequences of the Supreme Court’s decision in Verizon v. Trinko, a landmark case redefining the interplay between antitrust law and regulation. Sweeping with a broad brush, the Trinko opinion reverses settled rules that had allowed antitrust courts for decades to enforce competitive market behavior in lawsuits against regulated monopolies. But it also pressages a new era of regulation, in which the basic effectiveness of regulatory oversight may well become the determative factor in whether Sherman Act prosecutions against firms subject to the Telecommunications Act of 1996 will be permissible. March 2004

USTA 2000

USTA 2000

The Politics of Bandwidth: Convergence, Globalization and the Future of Telecom Regulation
As communications networks produce more and more bandwidth, traditional regulatory classifications and policies no longer work well. This presentation to the United States Telecom Association explored the influence of bandwidth from a political, legislative and public policy perspective. It assessed the impact of concentration, interconnection and federal policies — and the continued failure to modify legacy rules — on competition, consumer welfare and United States global leadership in the communications space. September 2000

Mergers

PLI 2000

Convergence Mergers: Where’s the Relevant Market?

The rise of the Internet and the convergence of voice, data and mass media are challenging older antitrust law market definitions. This presentation to the Practicing Law Institute discussed the drivers and implications of those changes and assessed how regulators’ view of barriers to entry is evolving. It reviewed the antitrust lessons learned from the year’s most significant mergers — Bell Atlantic/GTE; WorldCom/Sprint; AT&T/MediaOne; and Time-Warner/AOL — and assessed the public policy issues, such as open access to cable and broadband, that are affecting the merger review process. August 2000

Microsoft

Appraising Microsoft 1999

The Case for Structural Relief: “Breaking Up Is Hard To Do?”
Examination of the need for a divestiture remedy in the United States v. Microsoft antitrust case, contrasting the intrusive enforcement effects of a conduct-oriented injunction with what the Supreme Court has called the “surer, cleaner remedy” of a structural break-up. Delivered at Ralph Nader’s Which Remedies?: Appraising Microsoft II conference, this call for restructuring Microsoft into so-called “Baby Bills” followed from my February 1999 White Paper on Microsoft remedy issues for the Software & Information Industry Association. April 1999

Two Worlds

InternetWorld 1996

Regulation of the Internet: A War Between Two Worlds
Ground-breaking presentation from the Fall Internet World ’96 conference in New York City exploring the public policy consequences of technological convergence, focusing on Voice Over IP (Internet Telephony) services, access charges, universal service and Internet governance. Based on my representation of Netscape Communications Corp. in the first landmark regulatory proceedings affecting the Internet, it assessed the breakdown of the FCC’s Computer II paradigm in the context of development of the decentralized, packet-switched Internet and the consequences of Internet architecture on traditional “common carrier” telecom regulation. December 1996