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AMERICAN BAR ASSOCIATION
SECTION OF SCIENCE AND TECHNOLOGY LAW
INFORMATIONAL REPORT TO THE HOUSE OF DELEGATES
Since 1974, the ABA Section of Science & Technology Law (SciTech) has identified and solved
legal issues in science and technology. Through four divisions and 28 substantive committees,
SciTech leaders provide educational programs and publications on a broad range of cutting-edge
issues affecting information security, privacy, e-commerce, life sciences, nanotechnology,
climate change, cloud computing, e-discovery and information governance, healthcare, robotics,
museum law, space law, and even the law of virtual worlds – to name only some of the issues
covered.
The Section connects leading academics and practitioners, including lawyers, technology experts
and scientists, judges, business leaders, government executives, and policy-makers to address
issues at the intersection of science, technology and law. We published the defining book on
digital signatures, space law, and biotechnology law. We continue to explore the mobile
transformation that is changing the way the world communicates and does business. We provide
the critical information lawyers must have to make sense of the complex scientific and
technology developments affecting industries and government globally.
It’s A Jungle Out There
Our “It’s A Jungle Out There… Let SciTech Be Your Guide” theme for FY14 reinforces
lawyers’ roles in mitigating the pervasive risks faced by clients and lawyers. This year’s
thought-provoking educational programs gave our members and customers information and tools
to navigate the “jungle” successfully. SciTech leaders present valuable programs on cuttingedge issues at the ABA Annual Meeting each year and host frequent teleconferences, committee
brown bag programs and in-person meetings.
Section Membership
As of May 1, 2014, SciTech’s membership of 9,520 includes 4,598 lawyers, 328 associates and
4,594 law students. Our Membership and Diversity Committee, recruitment and retention
campaigns for this year emphasize both ABA and SciTech member value. Recruitment
campaigns targeted ABA members with a practice affinity for SciTech who do not already
belong to a Section, such as cybersecurity practitioners; international members of the ABA, and
science practitioners, which overlapped with health law practitioners. Membership campaign
highlights include: (1) A free-to-SciTech membership for ABA Health Law members to kick off
the bar year, which recruited 51 new members; (2) First quarter message to every ABA
accredited law school career placement office, including valuable job search and business
development resources, which reinforces the value of ABA and our Section membership to
encourage the conversion of graduating law students to paid section members; (3) Quarterly
retention messages to all Section members detailing section benefits to reinforce the Section’s
value; and (4) Launch of a group billing campaign to strategically recruit and retain more
members for the ABA and SciTech and to recognize firms with at least 50 SciTech members.
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Diversity
The Section’s Membership and Diversity (MAD) Committee helps advance the diversity and
inclusion goals of both the ABA and SciTech. SciTech is inclusive on every level, including
leadership appointments, program faculty, and publication authors. For example, our Officer
slate for the coming bar year includes two women leaders, so that four of the eight voting
officers will be women. Since 2000, over half (9 of 14) of our Section Chairs have been diverse,
which includes disabilities. Seven of our 12 Council members are women. Two of those seven
women members and one of our two Co-Editors-in-Chief of our quarterly magazine, The SciTech
Lawyer are diverse.
SciTech strategically demonstrates its commitment to diversity and inclusion beyond our
Section. The Section participates in the annual Young Lawyers Division Section Connect at the
ABA Annual Meeting to recruit new members and raise our profile among young lawyers who
are more diverse. Many SciTech leaders who take the lead on external co-sponsorships are
diverse, such as two of our female officers who led programs at the HIMSS14 (Health
Information Management Systems Society) Annual Conference and Exhibition, which included a
program about disability rights.
Strategic Planning
Section Leadership reviewed and updated the Section’s strategic plan this bar year during a
leadership retreat in conjunction with the ABA Midyear Meeting. Section Officers held a
follow-up leadership meeting in May to create a detailed operational plan for 2014-2015 that
reflects current economic conditions, science and technology law landscape, and ABA strategy
to increase non-dues revenue through the ABAction and other section initiatives.
Section Publications
Book Publishing Program
Our Book Publishing Board continues to work with Section leaders and members to develop new
titles and recruit new authors. A number of Section books in are in production, but none will be
published in FY2104; six books were published (four in the fourth quarter) in FY2013. The
three books expected in FY2015 are: Biotechnology and the Law 2nd Edition, Unmanned Flight
and A Guide to HIPAA Security and the Law, 2nd Edition.
The SciTech Lawyer
The Section’s quarterly flagship publication, The SciTech Lawyer, continues to thrive, providing
varied and interesting substantive content to members in an attractive and professionally printed
format. The SciTech Lawyer also includes regular updates on Section committees, committee
announcements, and news about projects. It began featuring a regular Membership and Diversity
(MAD) Column in Fall 2013 entitled “It’s A MAD World,” to spotlight membership and
diversity-related topics, resources and opportunities. Magazine themes this year were: Can the
Courts Understand Science? (Fall 2013); Eyes Everywhere: The Espionage Issue (Winter 2014);
Doctor Where? The Implications of Telemedicine (Spring 2014); and In Focus: Section
Committees (Summer 2014).
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Jurimetrics
The Section publishes Jurimetrics, a quarterly academic law journal, in conjunction with the
Center for the Study of Law, Science, and Technology of the Arizona State University College
of Law. Jurimetrics publishes articles about science and technology law. The journal is
provided electronically to all members and in hard copy to paid subscribers. Section leadership
continues to enhance and broaden the relationship with ASU.
SciTech e-Merging News
The Section’s electronic newsletter features a combination of substantive articles, Section news,
and member updates in an easy-to-read and graphically appealing format. The e-newsletter is
sent to all Section members on a quarterly basis.
Committee Newsletters and e-blurbs
Many of the Section’s committees offer newsletters and regular e-blurbs to provide timely,
subject-specific information that adds value to committee and Section membership. Young
lawyer and law student members are effective e- newsletter editors contingent on leadership
review to build our pipeline and content library.
Educational Programs
The Section is working with the ABA Center for Professional Development to develop courses
to be included in ABAction Academy programs. Our March, 2014 program “The Legal
Challenges of Cloud Computing and How to Address Them” is re-purposed through the
ABAction programs. We also promote and re-purpose all of our recent program podcasts on our
website in addition to the ABA Web Store.
SciTech actively sponsors and co-sponsors many CLE Teleconference/Webinars, Brown Bag
Committee and live programs throughout the bar year. Annually, we offer two practice oriented
members-benefit teleconferences geared toward younger lawyers. Bring Your Own Device
Issues, Answers & Policies was held on January 14. The second program will be held in the
summer, and it is entitled Cloudy With a Chance of Privacy. The goal of this programming is to
reinforce member value, retain members and recruit new members.
CLE Teleconferences, Brown Bag Committee Programs and Live Programs
CLE Teleconference/Webinars
2013
September 19 Biosimilars and The BPCI Act: Where Are We Now and Where Are We Going?
October 29
Hot Topics in Cybersecurity Law
November 5
Cybersecurity 101: Legal Obligations of Every Business to Provide Data Security.
2014
March 4
Cloud Computing and the Law 101
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May 7
Privacy and Social Media
May 8
The Impact of Regulatory and Industry Standards on Patents
June 24
Government Surveillance Reform Efforts and the Need for Transparency,
Privacy, and Accountability
July 8:
Talking SMAC: Contracting for Social, Mobile, Analytics and Cloud Computing
July 15
Can Aviation Law Serve As a Model for Space Law
July 23
Affordable Care Act
July 21
The Mobile Transformation: The Extraordinary Legal Implications of Billions
of Mobile Devices (ABA Premier Free CLE)
Committee Brown Bag Programs
September 24 The Cyber Insurance Market and Risk Allocation: Evolving Solutions for
Escalating Security Risk in Cyberspace. (Live in Washington, DC and Teleconference)
November 7
Cyber on the Hill: Congressional Cybersecurity Oversight, Legislation &
Initiatives for 2013. (Live in Washington, DC and Teleconference)
December 5
Going on the Cyber Offensive: Legal Frontiers and Practical Risks of Defense &
Cyber Operations. (Live in Washington, DC and Teleconference)
February 20
Science of Memory in the Courtroom. Baylor Law School, Waco, Texas.
(Live and Teleconference Program)
March 10
The NIST Cybersecurity Framework: Getting from Point A to Point B using
NIST’s Roadmap for Managing Cyber Risks (Live in Washington, DC and
Teleconference)
June 26
Museums & Technology
Free Member Benefit Teleconference Programs
January 14
Bring Your Own Device Issues, Answers & Policies Free Membership Benefit
Brown Bag Teleconference
July, 2014
Cloudy With a Chance of Privacy
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Live Programming
2013
December 8
Health Information Management Systems Society (HIMSS) mHealth
Summit. Nine law track programs related to health, technology and law.
Washington, DC.
2014
January 28-31 Information Governance, Electronic Discovery and Digital Evidence
National Institute. 13 CLE Sessions presented.
February 21
Cyber Attacks: The Perfect Crime? A Lawyer’s Guide to the World of
Cybersecurity Full Day Program at American Bar Association, DC Offices
February 24
2014 HIMSS Annual Conference, Orlando, FL (CS) (P)
SciTech presented 10 programs in the Healthcare IT Law Track in Orlando,
Florida.
February 24-28 RSA Conference. Section served as the 2014 CLE Accreditation Sponsor
and presented 13 Law Track Sessions
April 3
The Impact of Regulatory and Industry Standards on Patents
CLE Program at 29th Annual Intellectual Property Law Conference Arlington, VA
April 11
Litigating Privacy, Cybersecurity and Data Breach Issues in 2014
CLE Program at Litigation Section’s Annual Conference Scottsdale, AZ
2014 Annual Meeting Programming
The Section is pleased to present five CLE programs at the 2014 Annual Meeting in Boston.
Section CLE Programs – August 8, 2014
1. 3D Printing: An Interactive Look at Its Utility to Medicine and Its Attractiveness to Pirates and
Terrorists
2. Art & Scientific Evidence: Criminal Investigation & Authentication
Magnitude 360 CLE Programs – August 9-10, 2014
3. Views From the Top: A General Counsel Roundtable on the Most Challenging Issues in
Science and Technology Law Today and Tomorrow
4. From Kickstarter Campaigns and Beyond: Representing the Tech Company in CrowdSourcing, Private Equity and M&A Transactions
5. Somebody’s Watching! Nuts and Bolts of Law Firm Cybersecurity
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SciTech Leadership and Policy Advisors
SciTech leaders serve on a variety of ABA Standing and Special Committees and Task Forces.
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Afia Asamoah
Ruth Hill Bro
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Jorge Contreras
Ellen Flannery
Ellen Flannery
Bonnie Fought
Bonnie Fought
Ray Ocampo
Ray Ocampo
Heather Rafter
Lucy Thomson
Lucy Thomson
Jody Westby
Jody Westby
Steve Wu
Special Committee on Bioethics and the Law member
Chair, Standing Committee on Technology and Information
Systems (SCOTIS)
Standing Committee on CLE member
Standing Committee on the Federal Judiciary member
Commission on Governance
Standing Committee on Publishing Oversight member
Section Officers Conference Decennial Committee
ABA Journal editorial board member
Legal Opportunity Fundraising Committee
Standing Committee on Continuing Legal Education
Standing Committee on the Law Library of Congress member
ABA Cybersecurity Legal Task Force member
ABA Cybersecurity Legal Task Force member
Chair, Critical Infrastructure Response Project
SCOTIS member
Section representatives serve on and/or actively advise ABA and U.S. Delegations to the United
Nations (UN) Commission on International Trade Law (UNCITRAL), the U.N. Economic and
Social Commission for Asia and the Pacific (ESCAP), Governing Board of the International
Organization for the Unification of Private Law (UNIDROIT), U.S. Technical Advisory Group
(US TAG) for the UN Centre for Trade Facilitation and Electronic Business, U.S. Delegation to
the Asia-Pacific Economic Cooperation (APEC), Uniform Law Commission (ULC), United
Nations Network of Experts (UNNExT) on Paperless Trade for Asia-Pacific, UNNExT at the
UN Economic Commission for Europe (UN/ECE), National Council of Lawyers and Scientists
(NCLS), the American Association for the Advancement of Science(AAAS) and the World
Summit on the Information Society (WSIS).
Respectfully submitted
Eileen Smith Ewing, Secretary
Hugh B. Wellons, Chair
June 6, 2014
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