SCL 11th Annual Conference - 14 & 15 October 2011

When: 14/10/2011
Code: HW/SFCL

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New Technology PLC v High Risk Limited [2011] EWHC 100 (TCC)

In SCL we sit at the confluence between information technology and legal risk. Our roles are to manage and deal with transactions, disputes or advisory matters so as to recognise control and/or reduce organisational and individual risk. This requires an in depth understanding of both the technology, the law, and of the commercial environment in which our advice is given.

All pervasive and exponentially expanding IT means all manner of different risks which have some potential legal or regulatory impact.

IT risk is variously defined on Wikipedia as:

The potential that a given threat will exploit vulnerabilities of an asset or group of assets and thereby cause harm to the organization. It is measured in terms of a combination of the probability of an event and its consequence.

The probability that a particular threat-source will exercise (accidentally trigger or intentionally exploit) a particular information system vulnerability.

The business risk associated with the use, ownership, operation, involvement, influence and adoption of IT within an enterprise.

But even these definitions do not truly encompass all the threats we suffer and the risks we run and will run to our businesses, our identity, our human rights and our physical well-being arising out of the incremental use of technology. From wikileaks to heart implants IT brings risk as well as undoubted benefits to society. One example is the ability of computers to store and process data which comes with an associated risk of loss or misuse of that data.

In this conference our theme is understanding how technology in all its guises introduces or changes "risk" and then considering how as lawyers and fellow professionals in the IT field we can manage and address this risk in advising our clients and running our practices. We may manage risk in a number of ways by:

  • having a deep understanding of our clients (whether internal or external) business
  • making sure that the legal support that we offer is aligned to the strategy of our business or that of our clients
  • making sure that we have latest knowledge and understand the different technology related risks are identified and understood
  • creating and negotiating sound agreements, with carefully crafted limits and exclusions of liability
  • assisting our clients to interpret legislation and regulation for compliance and competitive advantage
  • the approach we bring to the resolution of complex disputes.

In all of this we need to be well informed about the existing law on for example data loss or corruption and the IT standards which are applied to IT programmes, for example, on security, in order that we are able to delineate and manage risk in contracts.

We also need to appreciate the opportunities and risks technology brings for our own business models in private practice and in-house. For example social media is transforming our marketing and organisational activities, and lawyers have had to address the risks that come with formal or informal adoption of such social media tools and technologies.  Working in the cloud is becoming more common. How do we address the privacy and data securities that come with that? Legal process outsourcing is another example of our changing business models: will we have to outsource the simpler legal tasks to India and Ireland just to survive or are there other ways that we can adapt to embrace these changes? If so what are the risks and how do we address them?  In doing all of this we need to keep a very careful finger on the pulse of technology development to understand not just the present risk but what might lie ahead during any committed period of investment for ways that our businesses can take advantage of the next big development. 

What makes the SCL Annual Conference Different?
Once again this year we are encouraging discussion and debate from our panels, not just presentations. As always we value and welcome audience participation. The sessions will therefore be interactive so as to encourage debate and the sharing of knowledge in a way that PowerPoint presentations cannot.

Who should attend
- private practice legal advisers to IT and digital media companies
- in-house counsel
- IT consultants and business advisers
- senior law firm managers and team leaders

Conference Chairs
Day 1:  Bill Jones,
Wragge & Co LLP
Day 2:  Mark Taylor, Hogan Lovells International LLP

Conference Dinner Speaker
Professor John Naughton
, The Open University

Contributors
Nina Barakzai
, Dell Corporation Ltd
Richard Bligh, HCL Axon
Joshua Box,O1O Legal
Alexander Carter-Silk, Speechly Bircham
Andrew Colyer, Barclays Bank PLC
Gillian Cordall, Keystone Law
Mark Crichard, DLA Piper UK  LLP
Clive Davies, Fujitsu Services Limited
Eran Eisenberg, Infosys
Neil Hare-Brown, QCC Information Security
Dr Andrew Martin, MA, DPhil, MBCS, CEng, CITP, Kellogg College, University of Oxford
DSU Charlie McMurdie, Police Central e-crime Unit (PCeU),Metropolitan Police
Dr Kim Lars Mehrbrey, Partner, Hogan Lovells International LLP
Gawie Nienaber, CSC International Legal Group
Professor Chris Reed, Centre for Commercial Law Studies, Queen Mary, University of London
Edward H. Rippey, Covington & Burling LLP
Ben Rooney, Wall Street Journal Europe
Mark Smith, LexisNexis
Professor Ian Walden, Centre for Commercial Law Studies, Queen Mary, University of London
John Yates, v-lex

Day 1 – Friday 14 October 2011
Chair:  Bill Jones, Of Counsel, Wragge & Co LLP
  
11.00 – 11.30: Registration and coffee
  
11.30 – 11.40: Chair's Introduction, Bill Jones, Of Counsel, Wragge & Co
  
11.40 – 12.40: Session 1 - Keynote address: Technology, risk, and the law - ships that pass in the night?"

Dr Andrew Martin, MA, DPhil, MBCS, CEng, CITP, Deputy Director of the Software Engineering Programme; University Lecturer in Software Engineering; IT Fellow and Dean of Degrees, Kellogg College, University of Oxford

Where is technology taking us as it expands exponentially? Perhaps it is creating an Orwellian risk if as predicted the power of all human minds can truly reside on one standard desktop PC by the year 2050. Will IT increasingly replace human interfaces like it has in the driverless Docklands Railway? Will computerised implants increasingly control the human body?  How far will geo-spatial technology transform our lives?  Will these various changes enhance our ability to manage our working and social lives? And how will risk profiles change and what challenges will lawyers face in addressing them as they seek to understand and regulate technology risk.
  
12.40 – 13.40: Lunch
  
13.40 – 14.40: Session 2 - Technology crime – Risk and management

Professor Ian Walden, Head of the Institute of Computer and Communications Law, Centre for Commercial Law Studies, Queen Mary, University of London
DSU Charlie McMurdie, Police Central e-crime Unit (PCeU), Metropolitan Police
Neil Hare-Brown, CEO QCC Information Security

The challenge to organisations is no longer just a problem of sloppy and negligent behaviour.  Organised crime is targeting connected systems and devices for potentially very rich rewards.  Financial service organisations are the most vulnerable, but cyber crime is becoming a more serious and widespread problem. Cyber crime costs the UK more than £27bn a year, according to a report commissioned by the Cabinet Office into the integrity of computer systems and threats of industrial espionage.

What are the risks faced by organisations and what steps are being, should be, taken to reduce such risks? How should you respond to an incident; manage the inevitable business impact? What lessons does tackling cybercrime provide which are of general use in information governance? 

14.40 - 16.30:  Session 3 - SCL world cafe – The evolution of lawyers smarter, faster and more efficient. How will people, process and technology evolve to future proof the profession?

Hosted by: Mark Smith, Practice Area Director, LexisNexis and Joshua Box, Managing Director, O1O Legal Solutions

This session uses the innovative "World Café" format to create a truly interactive dialogue that explores the future of the profession. As technology lawyers, we are at the forefront of understanding the intersection between law and technology, but other forces are also challenging existing models of practice. Whether it is lower cost human capital offshore, lawyers developing new skills and capabilities, or process re-engineering, it is imperative that all these factors are understood so that informed choices can be made to allow lawyers and their businesses to succeed in the future.

Mark and Joshua have held senior in-house positions, worked in business roles in listed businesses, have spent time working in the Legal Process Outsourcing industry and are passionate about the future of the profession.

Technology and graphics used in the World Cafe are sponsored by LexisNexis

16.30 - 17.30:  Session 4 - Risk management in IT contracts

John Yates, Consultant, v-lex
Alexander Carter-Silk, Partner and Head of IP, Technology & Commercial,Speechly Bircham
Gawie Nienaber, Vice President and Associate General Counsel at CSC International Legal Group

The IT risk landscape has changed profoundly in a generation as a result of new technology and business models, making businesses and consumers dependent on technology supply chains they don't understand and can't manage. 

In this session, John and the panel members will consider different aspects of managing risk from a customer and a supplier perspective including:

  • What are the risks & have they changed ?
  • Due diligence and understanding the supply chain
  • The Cinderella world of contract management and managing change: Why bother?
  • Lost in the cloud: How effective are data privacy laws at preventing misuse and loss of data?
  • Transferring risk to insurers: Understanding insurance cover and its limitations

17.30 – 17.40: Chair's summary, Bill Jones, Of Counsel, Wragge & Co
  
20.00 – 20.30: Reception sponsored by DELL
  
20.30 – 22.00: Conference Dinner

Chair:  Clive Davies, Senior Counsel, Fujitsu Services Limited
Guest speaker:  John Naughton, Professor of the Public Understanding of Technology, Open University

Day 2 – Saturday 15 October 2011
Chair:  Mark Taylor, Partner, Hogan Lovells International LLP

  
09.30 – 09.40: Chair's Introduction - Mark Taylor, Partner, Hogan Lovells International LLP  
09.40 – 10.40: Session 5 - Balancing Risk in outsourcing contracts

Mark Crichard, Partner, DLA Piper UK LLP
Andrew Colyer, Head of GRB Legal: Technology & Outsourcing Barclays Bank PLC
Richard Bligh, HCL Axon

The balance of risk in outsourcing contracts has shifted towards the supplier. Customers increasingly expect to achieve savings and improve quality, whilst IT transformation does not seem to get any simpler.  Is the right balance now being struck, and what kinds of contracting strategies/approaches are being adopted to help facilitate this?  Where are the key "battlegrounds" in terms of contract negotiations, and can we discern any "market standards" emerging?
  
10.40 – 11.10: Coffee
  
11.10 – 12.10: Session 6 - Social Media: Strategy for business

Gillian Cordall, Consultant Solicitor, Keystone Law
Nina Barakzai, EMEA Privacy Counsel, Dell Corporation Ltd
Professor Chris Reed, Professor of Electronic Commerce Law at the Centre for Commercial Law Studies, Queen Mary University of London

Social media are increasingly embraced by all sizes of businesses, creating a fuzzy line between business and individuals.  Social media sites such as Facebook contain vast amounts of personal data – some of which may be scrutinised by prospective employers and not just your "friends".  This also creates a fuzzy line between their respective IT systems, and between data relating to both.  What risks do social media tools create for businesses?  How should businesses seek to manage these risks while at the same time encouraging the spirit of involvement and enterprise of those individuals who constitute the life blood of the organisation, many of whom see social media as integral to both their private and business lives. Should the law require social network sites to be far more open about the different access options they offer? This session will seek to create an SCL blueprint for managing and controlling the risks associated with social media.
  
12.10 – 13.10: Session 7 - Litigation the cancer of disclosure
The operation was a success but the patient died.  E-Disclosure is bringing the court process into disrepute.

Ben Rooney, Technology Editor, Wall Street Journal Europe
Alexander Carter-Silk, Partner and Head of IP, Technology & Commercial, Speechly Bircham
Edward H. Rippey, Partner, Covington & Burling LLP
Dr Kim Lars Mehrbrey, Partner, Hogan Lovells International LLP

Lawyers from three judicial systems will each put the case for their own systems and procedures (as compared with the others) represent the best and most effective system for achieving justice.

The hypothesis
Effective court process is the lifeblood of commercial life. Contracts are worthless if they cannot be effectively enforced. Commercial certainty is essential for wealth generation investment and the smooth running of commercial life.

Far from meeting this objective the costs of court processes and the burdens of e-disclosure has discredited and undermined the courts which are roundly discredited in the eyes of corporate counsel as a way of providing commercial certainty and resolving complex commercial issues. Legal representatives take a high level of responsibility along with the judiciary for the protection of due process. If the profession fails to do this the legal and management time incurred will bring court processes further into disrepute. Reducing cost and making the process effective will increase the demand for professional services and restore the credibility of the court process.

The context
The development of digital media has resulted in corporations storing vast amounts of information recording in minute detail information on aspects of the business which are out of all proportion to the purpose of the business or meeting its regulatory requirements, contractual obligations or social responsibility.

The broad disclosure rules created to ensure litigants can obtain a just outcome which could not be stonewalled by the party holding the documents now threaten to block access to justice by making the costs of proceedings prohibitive and enabling wealthier litigants to use e-disclosure as a weapon to swamp opponents with demands for documents and disclosure which has little or no probative value. 

Which is the best system?
There are three systems evolving the very broad US style disclosure which engages depositions and broad document production, the civil law system providing limited or no disclosure and the common law (UK) approach which has attempted to provide some court managed process.
  
13.10 – 13.20: Chair's summary and closing remarks
Mark Taylor, Partner, Hogan Lovells International LLP  

13.20 – 14.00  Buffet lunch

Administration notes:
Enquiries:
  Caroline Gould, SCL, 10 Hurle Crescent, Bristol, BS8 2TA, UK.  Tel:  +44 (0) 117 923 7393  Fax:   +44 (0) 117 923 9305   Email:  caroline.gould@scl.org

Fees:  All fees are inclusive of refreshments, lunch on Friday and Saturday, reception and dinner on Friday evening, accommodation on Friday night and conference documentation.

SCL and IFCLA Members: £555 + £111 VAT (£666).  Non SCL members: £695 + £139 VAT (£834).  

SCL Membership: (Valid for 12 months from date paid):  £95.00.  NB: Non-members who join SCL at the same time as applying to attend the conference are entitled to attend the conference at the members' rate.

Booking terms:  All invoices for this conference must be paid prior to the conference.  Application by telephone, fax, email, the website or the submission of a completed registration form constitutes a firm booking and an undertaking to pay the registration fee.  

Conference Venue: The Macdonald Bath Spa Hotel, Sydney Road, Bath, BA2 6JF, UK. Tel:  +44 (0) 0844 879 9106 www.macdonaldhotels.co.uk/BathSpa/

Bath:  For more details of Bath please visit http://visitbath.co.uk/

Hotel accommodation: The cost of single room en-suite accommodation on Friday 14 October 2011 (including breakfast) at The Macdonald Bath Spa Hotel is included in the conference registration fee. If you would like to extend your stay at the hotel or bring a partner, please contact Caroline Gould caroline.gould@scl.org

Telephone bookings: Telephone bookings are only accepted if paid by credit card. 

Confirmation of Registration: If you have not received confirmation of your registration 5 days before this conference, please telephone Caroline Gould on +44 (0)117 923 7393 to confirm that your registration form has been received.

Cancellations and refunds: Registration fees will be refunded (less an administration fee of £50.00 + VAT) only in respect of written cancellations received in Bristol by 09.00 hours on Friday 23 September 2011.

Substitute delegates: If you are unable to attend, a substitute may attend in your place provided that they pay the appropriate registration fee.

CPD credit (England and Wales):

Under the Solicitors Regulation Authority CPD scheme and ILEX's CPD Scheme this event is accredited with 8 hours.

Under Barristers' New and Established Practitioner Programmes, this Conference has been awarded 6.5 hours of CPD. 

It may be necessary for reasons beyond the control of the Society for Computers and Law to change the content/timing of the programme and/or speakers.

Society for Computers and Law, A company limited by guarantee 1133537, Registered Charity No. 266331, VAT Registration No. 115 4840 85,

Registered in England and Wales
Registered office: 10 Hurle Crescent, Bristol, BS8 2TA.

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