Message from the Managing Director, Nikki D. Pope JD ’04
We’ve reached the end of another exciting semester! The fun began with a lively panel discussion about the use of DNA genealogy data to solve cold criminal cases and ended with our annual HTLI graduate brunch!
In between those popular events were programs for students, workshops for practicing attorneys, development of new courses, collaborations with specialty bar associations and other organizations, launching new programs and relaunching old programs. Whew! Our team has been busy building on past successes and laying the foundation for the future of the High Tech Law Institute.
New benefactors partnered with us to build programs that will help change the face of the legal profession. Santa Clara Law is committed to making meaningful change in the lives of our students, our alumni, our profession, and our community. The High Tech Law Institute is doing our part to support these efforts by partnering with our benefactor law firms and companies to provide meaningful experiences for our students that will expand their opportunities to practice law when they graduate and increase diversity in tech law practice. We are reviewing the Engineering to Patent Attorney (EPAP) Program with key benefactors and advisory board members. We hope to unveil the new program in 2020.
Congratulations to the 73 students who are candidates for a High Tech Law Certificate and the 5 who are candidates for a Privacy Law Certificate. It is no easy feat to complete the qualifications for these programs. Well done!
It’s been a great year. We maintained our 4th place US News specialty ranking for IP Law. We’re doing more to engage members of our community. Some of you have offered comments and suggestions for programs and courses. Some of these ideas are reflected in the programs and events we sponsored and the changes we are making to our curriculum. Keep those ideas coming. It’s been great reconnecting with classmates and I hope to see more of you, not just Class of 2004, at upcoming events. If you haven’t seen Charney Hall, consider this your invitation to stop by for a coffee and a chat.
Kelley Kulick, James Gibbons-Shapiro, and Barbara Rae-Venter
On the evening of January 14, 2019, over 80 people convened in the Forbes Family Conference Center in Lucas Hall for a lively discussion on a timely topic – the use of DNA genealogy data to crack cold criminal cases. For this discussion, we brought together Barbara Rae-Venter, the DNA genealogist who helped solve the Golden State Killer case; James Gibbons-Shapiro, Assistant District Attorney for Santa Clara County who specializes in prosecuting cold cases and DNA evidence; and Kelley Kulick, Deputy Public Defender for Santa Clara County and Adjunct Professor at Santa Clara Law who specializes in defending cold cases where DNA evidence is a key factor. We learned a lot about how DNA databases work and how technology has invaded our privacy. Did you know that you can be tracked through the DNA evidence of a family member even if you didn’t upload your DNA data into a database or have your DNA analyzed by one of the consumer services like Ancestry or 23andMe? In some states, if you have a relative in prison and you commit a crime and leave DNA evidence, you can be found through a familial DNA match using the federal DNA database, CODIS.
Professor Tyler Ochoa
PUBLIC DOMAIN DAY
For the first time in over 20 years, copyrighted works entered the public domain in the United States on January 1, 2019, also known as Public Domain Day. Such a momentous occasion demanded a celebration. We screened Harold Lloyd’s classic silent film, Safety Last! in the Lawyers’ Lab at Charney Hall. Later in January, SCU’s Laptop Orchestra (SCLOrk) performed a musical history of the Copyright Act in Recital Hall. After an introduction by Professor Tyler Ochoa, SCLOrk played a medley of songs that would have entered the public domain already, but for each extension of the Copyright Act. At the end of the concert, Professor Ochoa took questions from a very inquisitive audience.
RECENT IP DEVELOPMENTS IN CHINA
HTLI played host to a ½-day seminar explaining recent legislative and structural changes at Chinese government agencies that oversee intellectual property matters involving cross-border litigation and commercialization of intellectual property. The featured speakers included Conrad W. Wong from the Office of Policy and International Affairs at the USPTO. Greg Lundell JD ’04, a partner at HTLI benefactor, Haley Guiliano, moderated a popular panel on Commercialization of Intellectual Property Rights in China. You can watch video of the symposium here.
21ST ANNUAL HIGH TECH CAREER FAIR
This year’s High Tech Career Fair, hosted annually by the Office of Career Management, was well-attended by students and sponsors, including HTLI law firm benefactors, Schwegman Lundberg Woessner and Polsinelli. If your company or firm did not have a representative at this year’s career fair and you want to hire the brightest and most motivated tech law students, you missed out. Be sure to register early for next year. Registration goes live in January 2020, but you can secure a spot in advance by contacting the Office of Career Management at law-ocm@scu.edu. To learn more about the event click here.
Dayaar Singla testifies at a hearing on global IP rights before an interagency panel assembled by the US Trade Representative
SCU LAW STUDENT @ USTR HEARING
Congress mandated that the Office of the United States Trade Representative (USTR) review the global state of intellectual property rights protection and enforcement every year. As part of its review, the USTR invites public comments. Dayaar Singla, attending Santa Clara Law on a semester exchange program from the Litigation Project at National Academy of Legal Studies and Research (NALSAR) University of Law in India, was one of a few students who submitted a comment to the USTR as part of the coursework for International IP Law, taught by Professor Robin Gross. The USTR maintains a Priority Watch List (PWL) of countries that do not adequately protect US intellectual property. For many years, India has been included on the PWL. Dayaar proposed that India be removed from the PWL on the basis of the many changes the country has made to improve its protection of intellectual property rights. Dayaar was incredulous when he was invited to attend the hearing in March in Washington, DC. “I was surprised and excited to receive the invitation,” said Dayaar. “I was also nervous when I discovered I was the only student who would be testifying.” After his five-minute statement, Dayaar held his own when questioned by representatives from the USTR, the USPTO, and the US Department of Justice. Dayaar expressed his gratitude to Professor Gross and Dean Lisa Kloppenberg for their encouragement and support, without which he would not have been invited or able to attend the hearing. “We are always looking for ways to support our students and help them pursue their interests,” said Dean Kloppenberg. “Dayaar also brings a different and valued perspective to our Santa Clara Law community. Creating opportunities like this for our students is just one of the many things that make Santa Clara Law one of the top law schools in the country for intellectual property law.”
INTERNET LAW WORKS-IN-PROGRESS
For nine years, Santa Clara Law and New York Law School have co-hosted the Internet Law Works-In-Progress, with the writing workshop being held at each school in alternating years. This year the writing workshop returned to Santa Clara Law where over 60 Internet law professors from around the country presented their scholarly work for peer review and questions. After a long day of presentations and discussions, the professors were ready to relax with the traditional and much anticipated Game Night. This year, HTLI commissioned a role-playing game designed just for this event – HAL of Justice. The premise of the game is that Artificial Intelligence has taken over the justice system. Petitioners make their cases and the HAL of Justice decides the outcome. In one futuristic scenario, no humans are allowed to drive vehicles. Petitioners argued for and against allowing humans to drive vehicles in special circumstances, such as chauffeuring someone for a special occasion. The observers played the AI, collectively, to render a decision. After HAL of Justice, the professors continued playing more traditional games like Dungeons & Dragons and various board games well into the evening.
GDPR v. CCPA
GDPR v. CCPA brought together privacy law practitioners and academics to discuss the similarities and differences between the EU’s General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). The panel provided tips for companies to leverage their GDPR compliance efforts to ensure compliance with CCPA when that law takes effect on January 1, 2020. Sharing their expertise with a packed house were Dr. Jestlan Hopkins, Manager at KPMG, Anna Gassot, a privacy attorney at FieldFisher LLP, Barbara Lawler, Chief Privacy and Data Ethics Officer at Looker, and Lydia F. de la Torre, Privacy Law Fellow at Santa Clara Law.
THE FCBA VISITS SCU
The FCBA Visits SCU brought to campus esteemed jurists from the Federal Circuit and Santa Clara Law alumna, Laura Peter JD ’92, Deputy Director of the USPTO, to discuss recent developments in litigation related to patent law practice. Santa Clara Law’s Professor Brian Love opened the conference with his report card on PTAB.
IN-HOUSE COUNSEL INSTITUTE
In April, the High Tech Law Institute hosted the Fourth Annual In-House Counsel Institute (IHCI), a 2½-day conference for in-house lawyers to better serve the legal needs of high tech companies in today’s fast-paced global environment. More than 30 speakers offered insights and tips on being an effective in-house lawyer. At the reception on the opening day, Congresswoman Zoe Lofgren presented HTLI with a proclamation from the U.S. House of Representatives honoring our 20th anniversary. Dorian Daley, General Counsel at Oracle Corporation, delivered a keynote address highlighting HTLI’s contribution to the Silicon Valley business community.
The Honorable Zoe Lofgren presents the proclamation to Dean Lisa Kloppenberg
and Professor Eric Goldman, HTLI Co-Director
Professor Laura Norris takes Tech Edge JD students to visit HTLI benefactor, Seagate Technologies.
TECH EDGE JD PROGRAM
Hardware technology is complex, as Senior Vice President and Chief Legal Officer of Seagate Technology, Kate Schuelke, explained to Santa Clara Law’s first Tech Edge J.D. cohort on their visit to the company in May. The painstaking and extremely expensive process of creating perfect silicon wafers to be later formed into high-performance computing chips upon which petabytes of data are stored is only one of the many challenges the HTLI benefactor faces as an industry-leading data storage company. The Tech Edge J.D. cohort ended their 1L year by meeting with a diverse group of lawyers working in-house at Seagate. Schuelke and her team offered unique anecdotes about working at Seagate from patent disputes to challenging compliance issues with the EU’s General Data Protection Regulation (GDPR) and the looming California Consumer Privacy Act (CCPA). Students learned that practicing law in-house at Seagate, or any tech company, means becoming integrated and comfortable with each of the company’s partners and collaborating with other key departments like engineering and marketing. Most importantly, Schuelke and her colleagues offered valuable career advice for law students looking to land highly sought after in-house careers at tech companies like Seagate, specifically emphasizing the point that every career path is different, and that at Seagate, work experience, drive, flexibility, and intellectual curiosity are essential to success. All 14 of our Tech Edge JD students have secured summer jobs in the Bay Area – 11 in-house at tech companies, 2 at law firms, and 1 at a government agency. We are excited for them as we prepare to welcome the second cohort of Tech Edge JD students to campus in the fall.
Graduating students Peiyao Zhang (left) and Christine Benik (right) with Professor Laura Norris (center)
HTLI GRADUATION BRUNCH CELEBRATION
HTLI Graduation Brunch Celebration was a special party for our High Tech Certificate and Privacy Law Certificate graduates and their friends and families. A string quartet provided a lovely soundtrack for the festivities which included the always popular photo booth. Dean Kloppenberg welcomed the graduates and their families and friends and Professors Eric Goldman and Laura Norris recognized graduates with special achievements. This year over 100 were on hand to congratulate the graduates on a job well done and celebrate the announcement of Jonathan Liu as the Santa Clara Law nominee for the 2019 Jan Jancin Award.
ChIPs hosted the ChIPs 2019 Next Gen Summit at Charney Hall. The one-day summit included a negotiation exercise and a personal strategic plan workshop as well as conversations with leading women in law and tech, such as Santa Clara Law alumna Dorian Daley JD ’86, Executive Vice President and General Counsel of Oracle Corporation. If you didn’t attend the Next Gen Summit, perhaps you heard Dorian deliver the commencement address at this year’s law school graduation. Other women leaders in tech shared their advice and experience, including Maja Hazel, Global Head of Diversity and Inclusion at White & Case; Danielle Johnston Holmes, Associate General Counsel at Microsoft; Sarita Venkat, Senior Director at ServiceNow; and Ruby Zefo, Chief Privacy Officer at Uber Technologies Inc.
CRIMINAL LAW SOCIETY hosted a half-day symposium with the Major Fraud Unit of the Santa Clara County District Attorney’s Office on Fraud & Technology: A Law Enforcement Perspective, with panels on corporate embezzlement and the dark web and cryptocurrency.
ENVIRONMENTAL LAW SOCIETY held its spring symposium on Technology and the Environment in April. Speakers included Professors Dorothy Glancy and Catherine Sandoval and high tech alumnus, Michael Guth JD ’01, chair of the Monterey Bay Air Quality Management District Hearing Board.
Professors Dorothy Glancy
and Bob Peterson
HIGH TECH LAW JOURNAL hosted its annual symposium on Autonomous Vehicle Regulations & Compliance featuring current and retired law professors Dorothy Glancy and Robert Peterson setting the stage with a history of autonomous vehicles. They were followed by Nandi Chabbra, General Counsel of Peloton Technology and Steve Wood, Assistant Chief Counsel for Vehicle Safety Standards & Harmonization at the National Highway Traffic Safety Administration, who led a discussion on policies and regulations pertaining to automated vehicles. The final panel on regulatory compliance counseling was led by Mark Lyon, a partner at Gibson Dunn, and Sven Beiker, Managing Director of Silicon Valley Mobility. To see the symposium agenda and more photos, visit www.htlj.org/symposium-2019.
INTERNET LAW STUDENT ORGANIZATION (ILSO)
Jess Miers, a first-year law student and founder and officer of ILSO, recently gave a TEDxSantaClaraUniversity talk on the importance of Section 230 for the functioning of the Internet. Jess takes the audience through an easy-to-understand explanation of what Section 230 states and what the words actually mean, online speech, and the complexities of content moderation. You can watch her insightful and entertaining TEDx talk here. Jess is a member of the inaugural Tech Edge JD cohort.
L to R: Cody Casper, Mide Oladipupo, Nazia Chandiwalla, Adriana Rodriguez, Jeremy Evans, Nina Huynh, Cosette Cornwell, Cynthia Yuan, and Robert Quiles.
SPORTS & ENTERTAINMENT LAW SOCIETY spent another Spring Break in Los Angeles on a field trip to firms and companies in the entertainment industry. The group was hosted by Santa Clara Law alumni from SAG-AFTRA, RYOT Studios, and Creative Artists Agency. The students heard first-hand how tough it is to break into the entertainment and sports industry as a lawyer and how important networking is to professional success. We love to see Santa Clara Law students taking advantage of the many networking opportunities HTLI, the student organizations, and the law school provide.
Alumni Highlights
Max Schrems ’11 became a fearless privacy advocate after taking Professor Dorothy Glancy’s Privacy Law course while he was visiting Santa Clara Law from Vienna, Austria. Max and his crusade against big corporations violating the privacy rights of EU residents was profiled in a February Malwarebytes blog post.
Professor Colleen Chien has articles forthcoming in the Berkeley Technology Law Journal and the Iowa Law Review, both of which are based on her presentation on “Experimentation in the Administration of Patent Law.” Her upcoming article The Second Chances Gap considers how automated processes can help the millions of people entitled to clearance of their criminal records. Professor Chien spent spring semester visiting at Columbia Law and will be returning to Santa Clara Law this fall. We welcome her back.
Professor Dorothy Glancy spoke at the 3Revolutions Policy Conference at UC Davis on a panel discussing automated vehicle liability and insurance. She also was interviewed by New York Public Radio on individual rights and behavior modification in digital media. Professor Glancy is an Appointed Member of the Digital/Multimedia Scientific Area Committee that manages standards and guidelines involving Digital Evidence, Facial Identification, Speaker Recognition, and Video/Imaging Technology and Analysis. She was appointed to the committee in March. The committee reports to the federal government’s Forensic Science Standards Board.
Professor Eric Goldman wrote and published a number of articles since our last edition. They include Copyright’s Memory Hole, The Complicated Story of FOSTA and Section 230, Why Section 230 Is Better Than the First Amendment, and An Overview of the United States’ Section 230 Internet Immunity. Professor Goldman spoke at conferences around the country, including events at Harvard, Berkeley, University of Houston, University of Pennsylvania, and our own Santa Clara Law, where we hosted the 9th Annual Internet Law Works-in-Progress Conference (described above in “Spring 2019 Program Highlights”). Professor Goldman continues his extensive research and scholarly work on emojis in the law, which has sparked a global conversation, such as this story in the Verge. He has been active in discussions about California’s Consumer Privacy Act, including testifying before the California Assembly (appearance at 1:42 on the video). He also spoke about online copyright developments in a US Copyright Office roundtable. To keep current on what’s happening in tech law, read Professor Goldman’s blog, “Technology & Marketing Law Blog.”
Professor Brian Love co-authored a chapter of an upcoming research handbook, U.S. Patent Sales by Universities and Research Institutes and updated another paper, The Effect of Patent Litigation Insurance: Theory and Evidence from NPEs. He is also the co-editor of Patent Remedies and Complex Products: Toward a Global Consensus, which will be published in July 2019 by Cambridge University Press. Professor Love participated in Stanford Law School’s Roundtable on University Patenting and spoke at USC Law’s Reforming Patent Reform Conference in February.
Professor Tyler Ochoa spoke on liability of internet service providers for copyright infringement at a conference on Internet regulation at Hamline Law School. He also presented a webinar on the Music Modernization Act for the California Lawyers’ Association’s Intellectual Property (IP) Section, a webinar on rights of publicity for the Montana State Bar IP Section. He also spoke on a panel discussing the use of artificial intelligence to create new works at an event sponsored by the Northern California chapter of the Copyright Society of the USA. In June, he will be on a panel discussing the Music Modernization Act at the annual IP and the Internet conference, sponsored by the California Lawyers’ Association IP Section and he will be on a panel discussing termination of transfers at the annual meeting of the Copyright Society of the USA.
Professor Catherine Sandoval continues her scholarly work in the area of energy after completing her service as a commissioner on the California Public Utilities Commission (CPUC). Most recently, she presented at Stanford on the electricity gap on Native American Reservations, and moderated a panel for the CPUC on “The Future of California’s Communications Grid” (watch a video of the panel starting at 1:05:00). Professor Sandoval has been interviewed recently by numerous news media outlets regarding PG&E’s bankruptcy filing and the public utility’s involvement in the deadly California wildfires.
Adjunct Faculty
Professor Nancy Wojtas was a panelist at the 4th Annual In-House Counsel Institute (described above in “Spring 2019 Program Highlights”). She also was a panelist at Token Summit held in New York City on May 16, 2019 during Blockchain Week. Professor Wojtas will be a panelist at Practising Law Institute’s upcoming “Alternative Finance Summit 2019: Marketplace Lending, Cryptocurrency and Crowdfunding” on August 5, 2019 in New York City. The panel is “Blockchain, Tokens and Cryptocurrencies: Latest Development.” You can watch the PLI Alternative Finance Summit online, but there is a fee.
In addition to continuing our Breakfast Bytes and High Tech Tuesdays speaker series, we will host a number of conferences and events. Be sure to check your inbox for announcements. If you were forwarded this newsletter and would like to be on our mailing list, please email us at HTLI@scu.edu and we’ll add you!
September – Winston & Strawn brings the Disruptive Technologies Symposium to Charney Hall.
October – Criminal Justice & Technology Symposium, co-sponsored with Bannan Forum of the Ignatian Center for Jesuit Education at Santa Clara University.
Our Benefactors have been an integral part of our initiatives this year. From sponsoring speakers to participating in the In-House Counsel Institute and other conferences, Benefactors are helping us identify the changes happening in the law and the legal profession and suggest programs we can develop for our students, alumni, and members of our broader tech law community. If you’re interested in becoming a Benefactor or learning more about the program, please contact us at HTLI@scu.edu.
Our cartoon for the caption contest was created by Dina Goldman, soon to be an 8th grader and already a phenomenal young artist. We hope you enjoy her work and we look forward to your submissions. The rules of the caption contest are here, and you can suggest a caption here. True to the entrepreneurial spirit of our community, Dina is the sole proprietor of her first company, painting pet portraits. Learn more about Dina’s portrait business here.
Do you crack them up in the break room at the office? Is your secret dream job writing jokes for Trevor Noah? Well, here’s is your chance to show everyone how clever you are and win a prize. The only thing missing from this cartoon is a witty caption. Now’s your chance to impress your friends and family. Complete this cartoon with the perfect caption and submit your masterpiece here no later than July 31, 2019. Our judges will choose the winning caption. The winner will receive a framed print of the cartoon with the winning caption in place and the cartoon with the winning caption will be featured in the next issue of this newsletter and on our website.
The winning caption for our fall 2018 contest was submitted by Rachel Senturia. Honorable mention to Michele Gustafson for “Proof that backseat driving is incurable.”
Message from the Managing Director, Nikki D. Pope JD ’04
This year’s High Tech Career Fair, hosted annually by the Office of Career Management, was well-attended by students and sponsors, including HTLI law firm benefactors, Schwegman Lundberg Woessner and Polsinelli. If your company or firm did not have a representative at this year’s career fair and you want to hire the brightest and most motivated tech law students, you missed out. Be sure to register early for next year. Registration goes live in January 2020, but you can secure a spot in advance by contacting the Office of Career Management at 
The premise of the game is that Artificial Intelligence has taken over the justice system. Petitioners make their cases and the HAL of Justice decides the outcome. In one futuristic scenario, no humans are allowed to drive vehicles. Petitioners argued for and against allowing humans to drive vehicles in special circumstances, such as chauffeuring someone for a special occasion. The observers played the AI, collectively, to render a decision. After HAL of Justice, the professors continued playing more traditional games like Dungeons & Dragons and various board games well into the evening.
In April, the High Tech Law Institute hosted the 
