Symposiums
The North Dakota Law Review annual symposium welcomes well-respected and diverse scholars, legal professionals, and community leaders from across the state, region, and country. Topics are selected to challenge participants on legal issues from a variety of perspectives. Symposiums in even years take place in either the spring or fall semester. Every odd year, the symposium topic focuses on Energy Law and takes place during the spring semester in Bismarck, North Dakota.
2024 NDLR
Technology and Innovation Symposium
Thursday, March 21, 2024
Avalon Event Center, Fargo, North Dakota
Approved for 5.25 general ND CLE credits and 0.75 ethics ND CLE credits for a total
of 6 ND credits.
Approved for 6.00 general MN CLE credits.
SCHEDULE & SPEAKERS Register Today!
2024 North Dakota Law Review Technology and Innovation Symposium Schedule
8:00 a.m.
Opening Remarks
Brian Pappas, Dean, UND School of Law
9:00 a.m.
North Dakota's Path of Innovation: A Rich History and Promising Future
Nikola Datzov, Professor, UND School of Law
10:00 a.m.
Protecting Innovation Panel
Moderator
Blake Klinkner, Professor, UND School of Law
Panelists
Kurt J. Niederluecke, Shareholder, Fredrikson & Byron
Emily Tremblay, Partner, Robins Kaplan
Courtland Merril;, Partner, Saul Ewing
11:20 a.m.
The Facilitating Attorney: Paving a Path to Innovation
Hiep Pham, Senior Intellectual Property Counsel, Cargill
12:10 p.m.
Lunch (provided)
1:15 p.m.
Incentivizing Innovation Panel
Moderator
Amy Whitney, Director, UND Center for Innovation
Panelists
Erin Roesler, Deputy Exec. Director, Northern Plains UAS
Sen. Jonathan Sickler, Senator, ND, 68th Legis. Assem.
Craig Felchle, Chief Technology Officer, NDIT
2:45 p.m.
Bridging the Divide: Does the EU's AI Act Offer Code for Regulating Emergent Technologies in America?
Renee Henson, Professor, University of Missouri School of Law
3:45 p.m.
Digital Evidence, Cyber Threat Awareness, and Creative Strategies for Managing Risk
Mark Lanterman, Chief Technology Officer, Computer Forensic Services
4:35 p.m.
Closing Remarks
Michael McGinniss, NDLR Faculty Advisor
Erica Solberg, NDLR Editor-in-Chief
Speaker Biographies
Nikola Datzov
Assistant Professor, UND School of Law
North Dakota’s Path of Innovation: A Rich History and Promising Future
Professor Nikola Datzov is an Assistant Professor at UND School of Law, where he teaches courses in intellectual property, torts, and remedies. Professor Datzov has a distinguished record of innovative teaching and was selected as a 2022 Teacher of the Year by the Association of American Law Schools. His research and scholarly interests relate to artificial intelligence (AI), patent law, and the intersection between technology and different areas of intellectual property law. Professor Datzov’s most recent work has focused on AI and patent subject matter eligibility.
Before entering academia, Professor Datzov practiced law at a large firm in Minneapolis, focusing his national practice on intellectual property litigation, artificial intelligence, and anti-counterfeiting. In his practice, he litigated high-stakes cases in federal courts throughout the country and represented parties before the Patent Trial and Appeal Board. He previously served as a law clerk to the Honorable Kermit E. Bye of the U.S. Court of Appeals for the Eighth Circuit and the Honorable Leo I. Brisbois of the U.S. District Court for the District of Minnesota. Professor Datzov earned his Bachelor of Science in Computer Science (summa cum laude) from the University of South Dakota and his Juris Doctorate (summa cum laude) from Hamline University School of Law.
As the product of a family of engineers, Professor Datzov has a deep passion and interest for technology and computer science outside the law. Before law school, he worked as a computer programmer and technology consultant. As an undergraduate student, Professor Datzov published his project of designing and implementing a car entertainment system, before such systems became mainstream in the automotive industry. He also has spent time designing, constructing, and implementing water-cooled systems for computers and home automation technologies.
Blake Klinkner
Assistant Professor, UND School of Law
Protecting Innovation Panel Moderator
Professor Blake A. Klinkner is an award-winning legal educator and author. Blake currently serves as an Assistant Professor of Law at the University of North Dakota School of Law, where he teaches Civil Procedure, Cybersecurity Law, Law and Technology, and Law Practice Management. Prior to joining UND Law, Blake served as Visiting Assistant Professor of Law at Washburn University School of Law, where he taught Evidence, Academic Support, and Bar Exam Preparation. Blake completed his undergraduate degrees at the University of Wisconsin-Madison, his master’s degree at Northern Illinois University, and his juris doctor at the University of Utah School of Law. The graduating class of Washburn University School of Law recently named Blake as the 2022-2023 Professor of the Year.
Kurt J. Niederluecke
Shareholder, Fredrickson & Byron
Protecting Innovation Panelist
Kurt Niederluecke is a shareholder with the law firm of Fredrikson & Byron, P.A., a Midwest-based general practice law firm with over 350 lawyers, and offices throughout the Midwest including in Fargo and Bismark. Kurt actually began his career as an aerospace engineer with Honeywell in the late 1980’s before transitioning to law, obtaining his law degree and registration to practice before the Patent Office in the mid-1990’s. Since transitioning to law, Kurt has been litigating for almost three decades, focused on IP Litigation including primarily patent and trade secret litigation. Through those almost 30 years, Kurt has had the opportunity to observe and participate in an ever-changing landscape of innovation protection and enforcement.
Kurt has been with Fredrikson for the past 20 years during which time the firm has more than doubled in size. Though headquartered in Minneapolis, Kurt and his litigation teams represent clients from throughout the United States, from small start-ups to Fortune 500 companies. Kurt has led litigation not only in North Dakota but also in districts from Delaware to California, Florida to Washington State. He also represents clients before the PTAB (Patent Trial and Appeal Board), as well as several appellate courts, including the Federal Circuit and the 7th and 8th Circuit Court of Appeals. Kurt also spends time counseling clients on how to protect their innovation and ensure they are respecting others’ IP so they can avoid litigation.
Emily J. Tremblay
Partner, Robins Kaplan
Protecting Innovation Panelist
Emily J. Tremblay is a trial lawyer. She protects and monetizes her clients’ intellectual
property and technology, and works to grow and protect their competitive positions
in their markets. Emily represents clients in complex, multi-million-dollar patent
litigation across technologies and the country, including plaintiffs and defendants
in the computing, video streaming, semiconductor, pharmaceutical, medical device,
and mechanical spaces. She drives multi-phase IP monetization campaigns and leverages
her preparation and judgment to deliver results for her clients. She appreciates the
dynamic, fast-changing nature of her clients’ industries and enjoys the challenge
of leveraging her knowledge of those industries to protect her clients’ valuable interests
and deliver value.
Emily came to Robins Kaplan after clerking for federal judges for four years, an invaluable
experience that she now leverages for her clients.
Courtland Merrill
Partner, Saul Ewing
Protecting Innovation Panelist
Courtland Merrill represents businesses across the country in intellectual property disputes, including enforcement of patents and IP rights in trials and appeals. His patent litigation experience includes handling claims of willful patent infringement under the doctrine of equivalents, an area of his work that won him recognition by Law360 as a "Legal Lion" following a $1.85 million verdict for a manufacturing client. Courtland defends patents challenged in the inter partes review process before the U.S. Patent and Trademark Office. He also helps companies protect their intellectual property rights with claims alleging theft of trade secrets and enforcement of non-compete agreements and contracts. He represents medical device manufacturers, makers of consumer products and technology manufacturers, among many other types of clients. Beyond his IP litigation practice, Courtland's work as a business trial lawyer with more than 20 years of experience extends to representations in commercial disputes. His experience in this area includes business and contract disputes concerning real estate and construction projects as well as banking and lender liability issues.
Hiep Pham
Senior IP Counsel, Cargill
Hiep is a Senior IP Counsel and lead digital and data IP Counsel at Cargill supporting various global businesses and its technology strategies and initiatives. Before joining Cargill, Hiep was Deputy Chief IP Counsel to Honeywell’s Building Technologies division during its transformation from a device-based business to a connected, IoT, and data driven software industrial. His practice focuses on being a trusted business partner and includes negotiating and drafting commercial agreements, managing litigation and disputes, and building and protecting IP portfolios. Prior to Honeywell, Hiep was in private practice at Fredrikson & Byron in its Intellectual Property Group. Before entering law, Hiep spent five years as a Software Engineer with Honeywell Laboratories prototyping mesh networks, location tracking, and IoT technologies.
Dr. Amy Whitney
Director, UND Center for Innovation
Incentivizing Innovation Panel Moderator
Dr. Amy Whitney is the Director of the UND Center for Innovation (CFI), a vibrant incubator helping innovators advance ideas through startup coaching and creative thinking facilitation for UND students, faculty and business owners across North Dakota. Her professional, teaching and research experience is focused on business innovation, creative thinking facilitation, entrepreneurial activity, and high-impact applied learning. Dr. Whitney is a certified National ICorps instructor for the National Science Foundation and lead instructor for the Great Plains ICorps Hub. She is also UND’s lead instructor for the Innovation by Design course, a Department of Defense (DOD) H4D National Security Innovation Network collaboration where UND students learn and apply design thinking and creative problem solving frameworks to identify innovative solutions for DOD installation-focused challenges.
Before joining the CFI, Whitney was director of innovation and entrepreneurship at Clark University in Worcester, MA for seven years. She worked on curriculum development, hiring adjunct faculty, strategic planning, student mentorship and business creation, and collaboration with the community, alumni, and the university. Whitney also owns her own consulting business. Dr. Whitney grew up helping her parents operate various family businesses in her home state of Vermont.
Before joining Clark University, she served as the Massachusetts state program coordinator for Mothers Against Drunk Driving (MADD) and was executive director for the MADD Greater Boston Chapter. Dr. Whitney earned her bachelor’s degree in American government and an MBA from Clark University, and she earned her doctorate in education from Northeastern University in Boston.
Erin Roesler
Deputy Executive Director, Northern Plains UAS Test Site
Incentivizing Innovation Panelist
Erin is a seasoned UAS professional with 14 years of experience and currently serves as the Director of Operations at the Northern Plains UAS Test Site (NPUASTS). She leads the operations division of the Northern Plains UAS Test Site, 1 of only 7 federal UAS test sites. She develops and synchronizes advanced UAS operations; coordinates regulatory and operational approvals with the FAA and controlling agencies; and supervises, leads and grows the flight operations team and capabilities. Holding a Bachelor of Science in Aeronautics and a Master of Science in Instructional Design and Technology, she brings both technical knowledge and instructional expertise to her role. Recently, Erin lead the FAA UAS BVLOS Aviation Rulemaking Committee – Air & Ground Risk working group. She is active in industry standards bodies, including ASTM, RTCA, and ANSI UAS Standardization Collaborative. As the Program Executive, Erin plays an influential role in the operationalization of Vantis, North Dakota’s beyond visual line of sight (BVLOS) initiative. Erin holds a Commercial Pilot Certificate, CFII and MEI certificates, and a Remote Pilot Certificate. She is a former Assistant Chief Pilot – UAS and adjunct lecturer for the University of North Dakota Department of Aerospace and developed a UAS training course curriculum for Boeing Insitu ScanEagle, AFRL PRINCE MQ-1/9 RPA Simulator, and various sUAS. Erin was tasked with curriculum management, development, and the instruction of over 200 UAS undergraduate students.
Jonathan Sickler
Senator, North Dakota 68th Legislative Assembly
Incentivizing Innovation Panelist
Jonathan Sickler represents District 17 (Grand Forks) in the North Dakota State Senate. In the 2023 Legislative Session he served as a Vice-Chair of the Judiciary Committee and was an inaugural member of the Workforce Development Committee. During the current legislative interim, Sickler serves as the Vice-Chair of the Higher Education Committee and is a member of the Information Technology Committee and the Judiciary Committee.
Sickler is also the Chief Legal Officer for AE2S, a water-focused engineering consulting firm that serves public and industrial clients across the Midwestern and Western United States. Prior to his time at AE2S, Sickler practiced as an antitrust lawyer in Washington, DC at the firms Weil, Gotshal and Manges, LLP and Clifford Chance US LLP, where he represented clients from various industries before the U.S. Department of Justice and the Federal Trade Commission. A native of Dickinson, North Dakota, Sickler earned his undergraduate degree from the University of North Dakota and his law degree from Harvard Law School.
Craig Felchle
Chief Technology Officer, North Dakota Information Technology
Incentivizing Innovation Panelist
As Chief Technology Officer, Craig Felchle is responsible for the vision and strategic
direction for technology that enables and empowers North Dakota's state government,
local government, educational entities, public safety, and broadband programs in our
State. His varied experience includes everything from the foundational core services
that enable connectivity to hundreds of thousands of endpoints in our State to our
advanced data, cloud, and citizen impacting platforms and services. He is passionate
about data driven decision making and is leading efforts to visualize and analyze
the causes of friction within State Government. Craig has been a member of NDIT since
2007 and has been actively involved with North Dakota State Government since 2004.
Craig is a born and raised North Dakotan and enjoys many of the outdoor and sportsman
activities our State has to offer. He is actively involved in his children’s youth
sports and loves to spend time with his family.
Craig is passionate to continue leading North Dakota in its transformational journey
to ensure we have the best and most effective and efficient technologies for our customers
and our citizens. He believes strongly in leading by example and being a true servant
leader to the State of North Dakota.
Renee Henson
Professor, University of Missouri School of Law
Compensation for Computer Carnage: Paying the Human Damages of Unbridled AI Progress
Renee Henson is a Visiting Assistant Professor of Law at the University of Missouri School of Law. Professor Henson’s areas of expertise are intellectual property and products liability. Professor Henson’s recent scholarship, “I am Become Death, the Destroyer of Worlds”: Applying Strict Liability to Artificial Intelligence as an Abnormally Dangerous Activity (forthcoming, Temple Law Review), examines the nexus between products liability and intellectual property, analyzing whether strict liability is an appropriate legal framework to respond to the dangers associated with artificial intelligence. Before serving as a law professor, Professor Henson was a litigator at Stinson, LLP, where she practiced as a business and commercial litigation attorney representing clients engaged in complex matters including trademark and copyright infringement and products liability lawsuits. Professor Henson also practiced law at the University of Missouri’s Office of General Counsel. Professor Henson received recognition as a Top Verdict and Settlement Winner by Missouri Lawyer’s Media in 2023 and was named on the Lawyers of Color, “Hot List” in 2022. Professor Henson serves as a Committee Member on the Missouri Supreme Court’s Committee on Jury Instructions and Charges – Civil. Professor Henson graduated from The University of Missouri School of Law and served as the Editor-in-Chief of the Business, Entrepreneurship & Tax Law Review. Professor Henson received her Bachelor of Arts from Columbia College magna cum laude with Distinction.