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The Law and Business of Open Source Software 2016

Speaker(s): Andrew Keys, Caren K. Khoo, Carolyn H. Blankenship, Christopher Jon Sprigman, Dina Ganz Traugot, Jeffrey D. Osterman, Karen M. Sandler, Kathy Rose, Kenneth L. Johnson, Kevin F. Rothman, Lori E. Lesser, Stuart D. Levi, Terry J. Ilardi, Thomas C. Arcidiacono
Recorded on: Nov. 1, 2016
PLI Program #: 190814

Jeffrey Osterman is the co-head of Weil’s Technology & IP Transactions practice and is based in New York. Mr. Osterman concentrates on matters with deep commercial or technical complexity and has had extensive experience with pure patent licensing, technology transfer, outsourcing, technology integration, content licensing and merchandising. 

Mr. Osterman regularly advises major pharmaceutical companies in connection with licensing and collaboration agreements; represents semiconductor and other technology companies in connection with development and licensing agreements; leads the technology and intellectual property aspects of major corporate transactions; and advises on the treatment of intellectual property matters in bankruptcy cases. 

Mr. Osterman is ranked Band 1 for Technology & Outsourcing in New York by Chambers USA, where clients note "he’s just extremely thorough and he has the memory of an elephant." He is "very smart, very responsive and won't fight about matters that aren't important." He is also recommended for Patents: Licensing, Technology Transactions and Healthcare: Life Sciences by Legal 500 US. Mr. Osterman is recognized as an “IP Star” for IP Transactions, Patent Strategy & Counseling and Copyright by Managing Intellectual Property and has been named 2020 “Lawyer of the Year” for Technology Law in New York by Best Lawyers in America. He is “Highly Recommended” by IAM Patent 1000, where clients have noted he has “a stellar ability to see the forest through the trees, is a clear and concise draftsman and a constructive negotiator,” and that he is “the kind of sophisticated IP lawyer you need on a tough deal – he understands his clients’ industry and business and fights hard while communicating clearly in negotiations to get to a resolution.” Mr. Osterman was named a 2016 Technology “MVP” by Law360.

Kathy Lynne Rose has been Counsel to Simpson Thacher & Bartlett LLP and has consulted on a wide variety of ethics issues. Kathy has more than 25 years’ experience practicing in the areas of banking, capital markets and securities, mergers and acquisitions. Kathy is a Lecturer-in-Law in Professional Responsibility at Columbia University School of Law, and she has also taught ethics seminars at The University of Chicago Law School.

Kathy has actively served on the New York City Bar Committee on Professional Responsibility and the Ethics Committee. She co-chaired a Joint Subcommittee tasked with reviewing and updating the City Bar White Paper on Advertising in light of developments in social media, and she has previously chaired a Subcommittee that commented on the COSAC amendments and restructuring of the New York Code of Professional Responsibility, which were adopted in 2009 as the New York Rules of Professional Conduct. She is a former member of The Association’s Banking Committee and the Eastern European Affairs Committee.

Kathy was General Counsel for the U.S. operations of Creditanstalt-Bankverein and Bank Austria Creditanstalt.

Kathy received her B.A., magna cum laude and Phi Beta Kappa, from Brandeis University and her J.D. from Columbia University, where she was a member of the Journal of Transnational

Law and a Harlan Fiske Stone Scholar. She received an interdisciplinary degree from the Parker School of Foreign and Comparative Law and graduated with Honors.

Kenneth L. Johnson has advised a variety of publicly and privately held companies, ranging from emerging growth companies to leading financial services firms, on a broad array of intellectual property (IP), technology and green energy matters. His practice focuses on: 

Procurement, management and licensing of IP assets

Complex IP/technology transactions

High-stakes IP/technology litigation

Business-focused IP support for corporate transactions

Mr. Johnson's experience includes serving as Chief Patent Counsel for Credit Suisse, where he reinvigorated the patent program and realigned it with the business needs of the bank. His efforts resulted in a significant increase in the number of patents filed, and helped create one of Credit Suisse's first technology spin-outs, the revenues from which will help offset the costs typically associated with the IT back-office function. 

Mr. Johnson's experience in green energy and technology includes carbon financing and trading, including providing IP advice and counseling to a client in connection with their development of a first-of-its-kind structured financial product for the sale of emissions credits from a portfolio of CDM projects.

Mr. Johnson has more than 15 years of experience in IP and technology law. Prior to joining the firm, Mr. Johnson was a partner at a firm where he counseled emerging growth and established companies on various business-critical IP and technology matters including: IP procurement and enforcement, corporate partnering agreements, IP licensing and technology transactions, corporate finance and capital markets, DMCA, privacy and open source.  

Lori Lesser is a Partner at Simpson Thacher & Bartlett LLP, where she practices in the Litigation Department and is Head of the Intellectual Property Transactions Practice and Co-Chair of the Privacy and Cybersecurity Practice. Lori advises on all aspects of intellectual property, technology and privacy law, including corporate transactions, litigation, licensing, outsourcing, strategic agreements and counseling.

Her IP transactional experience includes mergers and acquisitions, securities offerings and secured financings, bankruptcy and restructurings, joint ventures, licensing, outsourcing, counseling and other strategic agreements. Her IP litigation practice comprises trial and appellate work and WIPO arbitrations.

Ms. Lesser is also consistently recognized by Chambers USA, The Legal 500 and The Best Lawyers in America, for which she has been named the “Information Technology Lawyer of the Year” for New York City. She has been listed in the “Top 50 Under 45” U.S. IP Lawyers (IP Law & Business magazine), the “Top 45 Under 45” U.S. women lawyers (The American Lawyer), and “The 20 Most Influential Women in IP Law” (Law360). She has been ranked in New York City’s top 100 lawyers and top 50 women lawyers by Super Lawyers. She has received the Burton Award for legal writing and the Award of Excellence from Volunteer Lawyers for the Arts. Her IP work in private equity deals has been featured on the cover of IP Law & Business.

Ms. Lesser has served as a David Rockefeller Fellow for New York City and corporate partner for GreaterNY and serves on the boards of the Partnership Fund for New York City and the Citizens Budget Commission. She is President of the Harvard Law School Association of NYC and serves on the Executive Committee of the Harvard Class of 1988. She is on the Advisory Board of ChIPs (chief IP counsel), the Business Advisory Council of ProPublica, the Leadership Council of Barnard’s Athena Center for Leadership Studies, and the Hunter College Pre-Law Advisory Board. She is a Fellow of the Foreign Policy Association.

Ms. Lesser graduated from Harvard University (A.B., magna cum laude and Phi Beta Kappa, 1988) and Harvard Law School (J.D., cum laude, 1993).

Terry Ilardi has, for the last 16 years, specialized in open source and copyright matters for the IBM Corporation as IBM’s Copyright Counsel. For that position he manages a team responsible for both copyright and open source reviews, another team responsible for copyright registrations, and provides daily counsel to the corporation on OSS and copyright matters. 

Mr. Ilardi is currently a member of the IPO’s Copyright Committee and the AIPLA’s Open Source subcommittee. He is currently an adviser to the American Law Institute’s (ALI) Restatement of the Law, Copyright and previously served as an adviser to the UC Berkeley Copyright Principles Project.  He taught software licensing at New York Law School for seven years and also served as an adviser to ALI’s Principles of the Law of Software Contracts project. He was an active participant in the GPLv3 Discussion Committee B from 2006 through the GPLv3’s publication in June, 2007 and additionally was chairman and founder of the Intellectual Property Owner’s Association Open Source Committee from its inception in 2002 through 2007. Mr. Ilardi has made numerous presentations on open source licensing, the GPL, mass market contracts and copyright for the ABA, AIPLA, IPO, PLI, Korean Copyright Commission and many other professional organizations and educational institutions and has published numerous articles on these same subjects.

Mr. Ilardi is a graduate of the SUNY at Buffalo Law School and holds a B.S. in Physics from SUNY at Stony Brook. He is a member of the New York Bar and is admitted to practice before the US Patent and Trademark Office.

Andrew comes to ConsenSys with capital markets, technology, and entrepreneurial experience. Previously, Andrew worked for UBS investment bank in equities analysis. Later, he was responsible for creation and distribution of life settlement products to hedge funds and investment banks. After, he co-founded a revenue cycle management company where he learned about Bitcoin and eventually Ethereum.

Andrew drives strategic technological partnerships, business development, and communications for ConsenSys and co-founded ConsenSys Enterprise, to create Ethereum blockchain solutions for Fortune 500 clientele.

Andrew graduated from Loyola University Maryland and University of Auckland with degrees in economics and international finance.Andrew Keys // Head of Global Business Development.

Karen M. Sandler is the executive director of Conservancy. Karen is known as a cyborg lawyer for her advocacy for free software, particularly in relation to the software on medical devices. Prior to joining Conservancy, she was executive director of the GNOME Foundation.

Before that, she was general counsel of the Software Freedom Law Center.

Karen co-organizes Outreachy, the award-winning outreach program to support women globally and for people of color who are underrepresented in US tech. She is also pro bono counsel to the FSF and GNOME. Karen is a recipient of the Free Software Foundation's Award for the Advancement of Free Software and the O’Reilly Open Source Award.

Karen received her law degree from Columbia Law School in 2000, where she was a James Kent Scholar and co-founder of the Columbia Science and Technology Law Review. Karen received her bachelor’s degree in engineering from The Cooper Union.

Carolyn H. Blankenship is General Counsel, Innovation & Product for Thomson Reuters.  She joined Reuters in 2001 and before that held a variety of IP-related positions as both in-house and outside counsel, including stints at Skadden, Arps and

Carolyn’s practice focuses on fostering innovation and protecting those innovations throughout the company.  In addition, Carolyn oversees all patent litigation and supports the IP aspects of the company’s M&A activity. 

As an undergraduate, Carolyn attended the Massachusetts Institute of Technology for two years and went on to earn a B.A. in Biology from Harvard College.  She has a J.D. from Arizona State University College of Law and clerked for the Hon. Noel Fidel of the Arizona State Court of Appeals.

Chris Sprigman teaches intellectual property law, antitrust law, competition policy and comparative constitutional law. His scholarship focuses on how legal rules affect innovation and the deployment of new technologies. He is the author of numerous articles both in law reviews in the popular press, as well as a book, The Knockoff Economy: How Imitation Sparks Innovation (Oxford 2012), co-authored with Kal Raustiala of the UCLA School of Law. Sprigman received his B.A. with honors from the University of Pennsylvania in 1988. He attended the University of Chicago Law School, serving as a comment editor of the University of Chicago Law Review and graduating with honors in 1993. Following graduation, Sprigman clerked for Judge Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit, and for Justice Lourens H. W. Ackermann of the Constitutional Court of South Africa. Sprigman also taught at the law school of the University of the Witwatersrand, in Johannesburg, South Africa. From 1999 to 2001, Sprigman served as appellate counsel in the Antitrust Division of the U.S. Department of Justice, where he worked on U.S. v. Microsoft, among other matters. Sprigman then joined the Washington, D.C., office of King & Spalding, where he was elected a partner. In 2003, he left law practice to become a Residential Fellow at the Center for Internet and Society at Stanford Law School. He joined the University of Virginia faculty in 2005, and moved from UVA to NYU Law School in 2013.

Dina Ganz Traugot is Associate Group General Counsel and Chief Contracts Counsel at Travelers.  As the head of the Contracts and Technology Legal Group, Dina leads a team of lawyers and paralegals who have responsibility for advising on various mobile, social media, website, cloud, open source, outsourcing and other technology legal issues, as well as structuring and negotiating technology, data/content licensing, marketing and many other types of deals.  Prior to joining Travelers, Dina was Associate General Counsel at Moody’s Corporation, with responsibility for global vendor contracts, intellectual property and privacy.  Dina also served as VP and Technology Counsel at Lehman Brothers; Director, Business & Legal Affairs at A&E Television; Counsel at Dow Jones; and Associate at Debevoise & Plimpton.  Dina graduated with an A.B. from Brown University and a J.D. from Yale Law School.

Kevin Rothman is the Chief Technology Counsel of American Express and head of its Technology & Digital Law Group.  He leads a group of lawyers and paralegals who have global responsibility for legal support to the company’s technology, shared services, digital partnership and development, and digital customer experience groups.  His team is responsible for counseling the company on cybersecurity, technology, digital product, social media, digital partnership, procurement, outsourcing and real estate matters.  Mr. Rothman is a recipient of the AET Excellence Award, American Express Technology’s highest recognition for performance, and the American Express Chairman’s Award for Innovation.  Prior to joining American Express, Kevin practiced law in the IP Transactions Group at Kirkland & Ellis in New York, and the Technology Transactions Group at Cooley Godward in Silicon Valley.  Kevin earned his B.A. at Yale University, and his J.D. at Columbia Law School.

Mr. Levi has a broad and diverse practice that includes outsourcing transactions, technology and intellectual property licensing, privacy and cybersecurity advice, fintech and blockchain matters, branding and distribution agreements, cloud computing agreements, technology transfers, strategic alliances and joint ventures. His background in computer science, data privacy and the information technology industry allows Mr. Levi to understand the technology and business drivers underlying agreements and transactions in these areas.

Prior to joining Skadden, Mr. Levi was director of intellectual property for Reuters America Inc. and a vice president of Reuters NewMedia Inc. In these roles, he was responsible for all of Reuters’ technology and intellectual property matters. He also negotiated Reuters’ early stage investments in Yahoo!, Infoseek and Sportsline.

Mr. Levi has written and spoken on numerous outsourcing, privacy, technology and intellectual property issues, and each year he co-chairs the Practising Law Institute’s Open Source Institute. He was selected as a member of Law360’s 2012 Privacy/Consumer Protection Editorial Advisory Board. Mr. Levi has been named by Chambers USA as one of “America’s Leading Lawyers for Business” since 2004 and by Chambers Global as one of the “World’s Leading Lawyers for Business” in technology transactions each year since 2002. In 1999, he was selected by Crain’s New York Business for its list of “Forty Under Forty — New York’s Rising Stars,” where he was cited for his work in Internet law. In addition, Mr. Levi repeatedly has been selected for inclusion in The Best Lawyers in America for information technology law.