Georgia Journal of Technology Law (Spring 2009 Edition)

By   Stephen Combs and  Brett Lockwood.

Welcome to the Spring 2009 issue of the Technology Law Section’s quarterly publication The Georgia Journal of Technology Law. (The full printable version of this issue is available here!) This issue is brought to you by co-editors Stephen Combs of HowStuffWorks.com and Brett Lockwood of Smith, Gambrell & Russell, LLP. Please welcome Brett to his new role of editor for this and future editions of the Journal.

Table of Contents:

• Georgia Journal of Technology Law (Spring 2009 Edition)
• Welcome the Section's New Officers for 2009-10
• India’s New Information Technology Law Impacts Outsourcing Transactions
• Georgia’s New Non-Compete Statute and its Potential Effect on Technology Companies
• Technology Law Section Annual Report to the Bar (2008-2009)
• Q & A: Only Fools Rush In!
• 2009 Technology Law Section Annual Meeting
• Braves Event Recap

We hope you will also use the additional features on the Section’s website such as RSS feeds, a “Subscribe by Email” service, the Media Gallery, and a list of “Upcoming Events.”

This issue of The Georgia Journal of Technology Law is a web-only edition. Please let us know how you like the new format and features of the web-based Journal by commenting to this post or by using the Contact form. Please also leave feedback or questions for our contributing authors by commenting on their articles.

If you want a picture of yourself to show with your comments, go get a globally-recognized avatar at www.gravatar.com. It only takes a minute, and any image will do. The site allows you to crop the image as needed.

Welcome the Section’s New Officers for 2009-10

The Section’s new officers for 2009-10 are as follows:

The Chair for 2009-10 is W. Charles Ross of the Gwinnett County Office of the District Attorney

The Vice Chair for 2009-10 is Ben Young of Troutman Sanders LLP

The Secretary for 2009-10 is Stephen Combs of HowStuffWorks.com

Special thanks to Gaines Carter of ARRIS Group, Inc. for serving as Chair for this past year. In particular, we would like to thank Gaines for organizing the 2008 Technology Law Institute. You can see video of the entire conference HERE, featuring Gaines and our other speakers.

Please join us at our next Executive Committee meeting if you want to become more involved in the Section. Use the Contact page to get in touch.

Technology Law Section Annual Report to the Bar (2008-2009)

I. Continuing Legal Education.
High quality continuing legal education programs continued to be a signature of the Technology Law Section in 2008-2009. The Section sponsored its annual flagship event, the daylong Technology Law Institute, on October 16, 2008. The event attracted approximately 100 paid attendees. The faculty consisted of contributors from lawyers at premiere corporations such as Cox Communication, Southern Company, ING, ARRIS Group, and Allstate. Participating law firms included Troutman Sanders; Smith, Gambrell & Russell; Bondurant, Mixson & Elmore; Morris, Manning & Martin; and King & Spalding. The keynote speaker was Dr. Diane Lewis from the National Nanotechnology Manufacturing Center, a nationally recognized leader in nanotechnology. In addition to the Technology Law Institute, the Section continued to offer smaller luncheon programs. The fall program was a joint presentation with the Atlanta Bar’s Intellectual Property Law Section on “Internet Advertising Legal Issues.” The presentation was lead by Stephen Combs, Discovery/HowStuffWorks.com and Kari Mueller, Turner Broadcasting System. The Section’s winter program was presented by Mari Myer of Friend, Hudak, & Harris on “Drafting and Enforcing NDAs and Covenants Not to Solicit.”

II. The Georgia Journal of Technology Law.
The Section also provides a valuable resource to its members in the form of The Georgia Journal of Technology Law. Stephen Combs and Sandra Gardiner served as co-editors for the 2008-2009 year. The Journal is filled with informative, scholarly articles that keep Section members up-to-date on the latest developments in technology law, as well as Section activities. It is distributed in an attractive, colorful, and completely web-based format. Past editions are archived on the Section’s website.

III. New Participation by Section Members.
This year the Section renewed its goals to increase participation in the Section across Georgia and with different members of the Bar. The Section has had prior members return to participate on the Executive Committee. Current plans also include sponsoring events with law schools to mentor and provide information to prospective attorneys.

IV. New Initiatives.
In fiscal year 2008-2009, the Executive Committee of the Technology Law Section continued to look for new ways to increase benefits to Section members. The Section completed the following initiatives in 2008-2009:

• Secured nationally recognized experts from outside of Atlanta for the Technology Law Institute, making it one of the premier CLE programs of its kind in the United States
• Implemented new website features including online event registration, RSS feeds, subscribe by email, video/audio podcasts, commenting on articles, and search capabilities.
• Enhancements to the website enabled the Section to host approximately 8 hours of video from the Technology Law Institute. This presentation and future presentations of the Section will be archived and available to people across the Internet.

IV. Community Involvement.
In fiscal year 2008-2009, the Technology Law Section continued to actively support important community development efforts, through its annual financial contribution to a worthy non-profit. In October 2008, the Section donated approximately $1,000 in proceeds from the Technology Law Institute to Computers for Youth. Computers for Youth (formerly, Tech Corps Georgia) has been a long-time beneficiary of the Technology Law Section’s financial support. Computers for Youth is dedicated to increasing the availability of information technology to lower income households. In addition, the Section continued to encourage its members to volunteer pro bono legal services to non-profits with particular needs in the area of technology. The Section includes volunteer opportunities on its website. This year’s Technology Law Institute included a presentation on the “Environmental Friendly Law Firm.”

Gaines Carter
Section Chair, 2008-2009
Technology Law Section
of the State Bar of Georgia

2009 Technology Law Section Annual Meeting

The Technology Law Section of the State Bar of Georgia invites you to its annual luncheon meeting…“Digging the Del.icio.us Facebook Twitter: a survey of Social Networking Legal Issues.”

When:
Wednesday June 10, 2009 / 11:30am to 1:30pm
(Click here to add the details of this event to your calendar)

Speakers:
James A. Harvey, Hunton & Williams LLP
Stephen B. Combs, HowStuffWorks.com, a Discovery Communications company

Where:
Troutman Sanders LLP
52nd Floor
Atlanta, GA 30308 (Directions)

To Register:
To make a reservation for the luncheon, you can REGISTER AND PAY ONLINE . If you want to register offline, please send your name, email address, and check payable to the State Bar of Georgia to Derrick Stanley, State Bar of Georgia, 104 Marietta St. NW, Suite 100, Atlanta, GA 30303. Please register prior to June 1, 2009.

Online registration is CLOSED. Walk up registration is available but you will not be guaranteed a lunch. Please feel free to bring your own.

Registration Fees:
$25 Lunch included.

CLE:
1 CLE Hour available!

Presentation Materials:

You can download the presentation materials HERE (PDF;2MB).

Braves Event Recap

The “Technology Law Section Night with the Atlanta Braves” was a great success. Over 30 people attended the event. The diehard fans who stayed until the end of the game saw a great finish in the 12th inning. As the AJC put it:

“From the throes of being no-hit by Chicago Cubs, the Braves came up with the most remarkable thing — a five-run rally in the late innings, a two-out, two-run game-tying home run by Jeff Francoeur and a win. The Braves used the two runs he drove in to prolong what looked like a loss into a 12th-inning win when Chipper Jones singled in Yunel Escobar for a 6-5 Braves victory.”

The Section members had an opportunity to meet new members and catch up with old friends. Stay tuned for future events. Special thanks to Ben Young who organized this very successful event.

Technology Law Section Night with the Atlanta Braves

Join other Technology Law Section members for a night of networking and fun at Turner Field. We’ll start the night with a reception and dinner at 5:00 pm at Turner Field’s “Top of the Chop” outdoor patio overlooking the outfield area.

Dinner will include ballpark fare and all the fixin’s in addition to a few sides, dessert, and a bar. After dinner you will be able to head to your seats to watch the Braves take on the Chicago Cubs or to stay and mingle at the “Top of the Chop.”

Event Details

Tuesday, June 2, 2009
5:00 pm - 10:00 pm
(Click here to add the details of this event to your calendar)

IMPORTANT: Tickets will be available for pick up at WILL CALL under the name you provide during the online registration process below.

Cost for Section Members: FREE
Cost for non-Members*: $10

*If you sign up for Section Membership before the online registration deadline specified below, you will be considered a Member. If you want to join the Section, please FIRST sign up as a member here, and THEN register for the event.
For further information, please contact Ben Young (ben.young@troutmansanders.com).

REGISTER ONLINE. Reserve your tickets by May 22, 2009. Bring a colleague or friend with you. We look forward to seeing all Technology Section members at Turner Field! All members and non-members, please REGISTER HERE.

Ballot for 2009-10 Technology Law Section Officers

Under the terms of the Technology Law Section bylaws, the offices of Chair and Vice Chair are filled by the immediate past Vice Chair and Secretary respectively.

Chair for 2009-10 is W. Charles Ross of the Gwinnett County Office of the District Attorney

Vice Chair for 2009-10 is Ben Young of Troutman Sanders LLP

The office of Secretary is filled by a member of the Executive Committee of the Technology Law Section. The requirements for the qualifications to run for the office are set forth in the Bylaws. The Elections Committee of the Technology Law Section has reviewed the qualifications of the nominees and has verified that the following nominee
is qualified to hold the office of Secretary.

Stephen Combs of HowStuffWorks.com, a Discovery Communications company

To cast your vote electronically as permitted by the Bylaws, please make your selection below. (If you received this notice in writing, please visit www.technologybar.org to cast your vote.)

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You can also send your ballot to the address below. All votes must be received by June 9, 2009.

Section Liaison
State Bar of Georgia
104 Marietta St., Suite 100
Atlanta, GA 30303
404.527.8774 fax

The Georgia Journal of Technology Law (2008 Winter Edition)

By Sandra Sheets Gardiner and Stephen Combs.

Welcome to the Winter 2008 issue of the Technology Law Section’s quarterly publication The Georgia Journal of Technology Law. (The full issue is available here!) This issue is brought to you by co-editors Sandra Sheets Gardiner of Morris, Manning & Martin, LLP and Stephen Combs of HowStuffWorks.com. In this issue, we have three excellent articles and ten full-length audio/video presentations from the 2008 Technology Law Institute:

• Wine Online By Cary S. Wiggins
• Diagnosing a Troubled Company Part 2 By Dennis J. Gerschick, Attorney, CPA, CFA
• Data Security Breaches Under the Georgia Personal Identity Protection Act By Thomas Traylor, III
• Audio/Video Presentations from the 2008 Technology Law Institute

We would also like to highlight a new Community Service category of the Section’s website which includes news related to Computers For Youth and to volunteer opportunities for members. Please read the Section’s announcement related to the Computers for Youth PC Drive. This is an important initiative of Computers for Youth.

This issue highlights the upcoming February 26 Quarterly Section Lunch Meeting on Drafting and Enforcing NDAs and Covenants Not to Solicit. You can now REGISTER ONLINE for added convenience.

We hope you will also use the additional features on the Section’s website such as RSS feeds, a “Subscribe by Email” service, the Media Gallery, and a list of “Upcoming Events.”

This issue of The Georgia Journal of Technology Law is a web-only edition. You can view all of the articles in this issue here.

Please let us know how you like the new format and features of the web-based Journal by commenting to this post or by using the Contact form. Please also leave feedback or questions for our contributing authors by commenting on their articles.

If you want a picture of yourself to show with your comments, go get a globally-recognized avatar at www.gravatar.com. It only takes a minute, and any image will do. The site allows you to crop the image as needed.

Keep an eye out for our Section’s upcoming membership directory. The directory will also support gravatars. Please use the same email address for your gravatar that you use for your Bar membership records, if you want your image to appear in the upcoming membership directory.

Computers For Youth PC Drive

ATTENTION TECHNOLOGY LAW SECTION MEMBERS

“Don’t Throw Out Your Old Computer Systems!” Change a child’s life forever: Donate your old computer systems to low-income Georgia school children …you’ll help raise academic performance, protect the environment, and ease your tax pain. We’ll take care of ALL the details, including data-wiping each hard drive. We are asking members to donate the computer systems being replaced in their law firms and companies to Computers for Youth - Atlanta, a 501(c)(3) non-profit organization.

Call to action: Please contact the IT department in your law firm or company and arrange to make CFY-Atlanta the designated recipient of computers whenever they are phased out of service in your firm or company! We ask that you also make a cash donation of $5 per computer to help defray the cost of refurbishment and software licenses. CFY-Atlanta needs 900 donated computers in 2009 to meet its commitments to school children this year alone!

Computer equipment donations to CFY-Atlanta are an investment in your community:

• Academic performance of children participating in CFY’s program has been shown to rise in documented research studies
• Computer equipment is handled in a secure and environmentally responsible manner.
• You’ll get a CHARITABLE TAX DEDUCTION for the value of the donated equipment.
• All hard drives are wiped clean of existing data using commercially available data-wiping software that complies with U.S. Department of Defense cleaning and sanitizing standard DoD 5220.22-M. Save your IT department the burden!

For further information regarding donation of computers, please contact Richard Hicks, Director, Computers for Youth at RHicks@cfy.org or call 404-367-9900.

The Technology Law Section of the State Bar of Georgia is committed to encouraging public service within its membership. This PC Drive program is offered in the highest tradition of that commitment. For information regarding this program, contact CFY PC Drive TaskForce at CFYSupport@mindspring.com or email the Technology Law Section of the State Bar of Georgia at info@technologybar.org.

Internet Advertising Legal Issues Luncheon

The Intellectual Property Section of The Atlanta Bar
And The Technology Law Section of The Georgia Bar
Invite You to…

“Internet Advertising-New Ways to Make Money or Promote Your Brand While Not Getting Sued“

THE PRESENTATION CAN BE DOWNLOADED HERE.

When:

November 13, 2008 – Noon to 1pm

Speakers:

 

Stephen Combs, Esq.
Director, Legal
HowStuffWorks.com

Kari Moeller, Esq.
Senior Counsel
Turner Broadcasting System, Inc.

Where:

Nelson Mullins Riley & Scarborough
Atlantic Station
201 17th Street NW, Suite 1700
Atlanta, GA 30363

To Register:
To make a reservation for the luncheon, please complete the attached form and return it with your payment. Please make your check payable to the Atlanta Bar Association. You can mail your response to Atlanta Bar Association, International Tower, Suite 400, 229 Peachtree Street, Atlanta, GA 30303-1601. You may also fax your response to the Atlanta Bar at (404) 522-0269.

Registration Fees:
$25 for Section Members
$30 for non-Section Members
LUNCH WILL BE PROVIDED

CLE:
1 CLE Hour available!

Sponsored By:

Atlanta’s John Marshall Law School

The Atlanta Bar Association will make all reasonable efforts to accommodate persons with disabilities at its meetings. Please call (404) 832.6204.