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Online Platforms 2018: Hot Topics in Liability & Social Responsibility

Speaker(s): Andrew P. Bridges, Andriani Ferti, Brittan Heller, Catherine R. Gellis, Daphne Keller, Douglas Kramer, Jason Pielemeier, Justin Olsson, Remy Chavannes, Shannon Leong, Stephen LaPorte, Tal Niv, Tony Sebro, Tyler G. Newby
Recorded on: Oct. 29, 2018
PLI Program #: 219016

Andrew Bridges defends innovators and their companies in important battles typically involving new technologies or business models, often when a company’s or an entire industry’s future is at stake.  His practice includes complex litigation, high-stakes counseling, and policy advice in Internet, copyright, trademark, advertising, unfair competition, consumer protection, trade secret, and commercial law matters.

Among his major litigation successes are:

  • Defending Diamond Multimedia in RIAA v. Diamond Multimedia (challenge to MP3 players)
  • Defending Google in Perfect 10 v. Google ( to search engine)
  • Defending MasterCard in Perfect 10 v. VISA and MasterCard (challenge to payment processing for alleged infringers)
  • Defending ClearPlay in Huntsman v. Soderbergh (challenge to DVD replay filtering software)
  • Enforcing Bare Escentuals’ rights against Intelligent Beauty (trademark and false advertising)
  • Representing Richard O’Dwyer (UK university student) in avoiding extradition from UK and prosecution in US for operating linking site
  • Representing owner of in recovering domain after seizure by Homeland Security in Operation In Our Sites
  • Defending Fitbit in Fitbug v. Fitbit (challenge to company name and brand)
  • Defending Giganews in Perfect 10 v. Giganews (challenge to Usenet service provider; obtained award of $6.5 million in attorneys’ fees for prevailing defendants)
  • Defending SoundCloud in Average Joe’s Ent’t v. SoundCloud (claims against sound recording platform by music label and publisher)
He received the California State Bar Intellectual Property Section Vanguard Award (private practice category) 2014, and National Law Journal honored him as an IP Trailblazer in 2017.  He received his law degree from Harvard; an M.A and B.A. from University of Oxford (Merton College) in philosophy and ancient history; and a B.A. from Stanford in Greek and Latin.

Andriani Ferti started her career as a qualified lawyer at the international law firm Clifford Chance LLP in Brussels, Belgium, and since September 2017 is a senior associate at renowned Greek law firm Karatzas & Partners in Athens, Greece. 

She advises clients on EU regulatory and competition matters with special focus on the information and communications technology sector.  She has represented some household names in the ICT sector such as Oracle, Deutsche Telekom, Νokia, Naspers and Mozilla before the European Commission in some of the most prominent competition cases related to the sector such as the antitrust investigations of the European Commission against Microsoft, and the Oracle / Sun Microsystems merger.  Andriani had an active role in the European Commission’s antitrust investigations against Google in relation to Google Search and its Android operating system representing numerous complainants such as Deutsche Telekom and trade association FairSearch.

Andriani has been recognised amongst the 30 in their 30s Notable Women Competition Professionals in Private Practice by media company PaRR and W@ association.

Andriani has also served as a rapporteur of the Digital Greece 2020 working group on interoperability and open standards, and has regularly spoken in the past at public hearings of the European Parliament as an expert in interoperability matters.  More recently, she sat on the advisory board of the CEPS Task Force on Software Vulnerability Disclosure (SVD) in Europe, and contributed the section of the report prepared by the task force addressing the legal challenges associated with SVD.

Andriani graduated cum laude from the Law School of the University of Athens, Greece in 2005.  She holds an LL.M. from UC Berkeley.  During her studies at UC Berkeley she wrote a thesis on validity and enforceability issues related to the GNU General Public Licence.  

In the past, she worked with technology-focused non-profit association One Laptop per Child, the association behind the development and proliferation of the so-called “one-hundred-dollar laptop,” on open source software matters, as well as the Greek telecoms incumbent OTE S.A.

Andriani also holds a piano soloist diploma from the National Conservatory of Greece.

Brittan Heller has structured her practice at Foley Hoag around the areas of law, technology and human rights. She specializes in advising companies on privacy, freedom of expression, content moderation, online harassment, disinformation, civic engagement, cyberhate and hate speech, and online extremism.

As the founding director of the Center on Technology and Society for the Anti-Defamation League, Brittan proposed new policies and implemented programs to prevent bias, racism, discrimination, and the spread of disinformation, with a focus on protecting minority populations. She also collaborated with major online platforms and gaming companies to combat cyberhate, and produced and launched new technology for good, in mediums like AI, VR/AR/XR and data visualization.

Brittan previously worked for the International Criminal Court on its first cases and the U.S. Department of Justice - Criminal Division, prosecuting grave human rights violations for the Human Rights and Special Prosecutions Section. Brittan prosecuted genocide and war crimes, and managed multinational investigations of human trafficking, smuggling, immigration fraud and transnational violent crime.

Brittan is frequently featured in or quoted by numerous national and international media outlets, including The New York Times, Washington Post, The Guardian, USA Today, Los Angeles Times, The Mercury News, CNN, NPR, Jezebel, TechCrunch, CNET, Fast Company, Mic, WIRED, and Inside Philanthropy. 

Cathy Gellis is a lawyer in the San Francisco Bay Area with a practice focused on intellectual property, free speech, intermediary liability, privacy, and other innovation policy matters affecting technology use and development. She regularly writes, speaks, counsels, and litigates on these and other related topics, particularly with respect to how these issues relate to Internet platforms. Examples of her work include defending the free speech rights of anonymous bloggers, representing an organization of college webcasters before the Copyright Royalty Board, and authoring numerous amicus briefs, including in litigation regarding the scope of CDA Section 230 and cases challenging NSA Internet surveillance. Her writing on the policy implications of technology regulation has appeared in various widely-read publications, including the Daily Beast,, and the technology news site, where she is a regular contributor. Prior to becoming a lawyer she was an aspiring journalist-turned-Internet professional who developed and managed websites for enterprises in Silicon Valley and Europe. She has a B.A. from the University of California at Berkeley in Mass Communications and Sociology, where she studied information technology and user adoption trends, and a J.D. from Boston University.

Daphne Keller's work focuses on platform regulation and Internet users' rights. She has testified before legislatures, courts, and regulatory bodies around the world, and published both academically and in popular press on topics including platform content moderation practices, constitutional and human rights law, copyright, data protection, and national courts' global takedown orders. Her recent work focuses on legal protections for users’ free expression rights when state and private power intersect, particularly through platforms’ enforcement of Terms of Service or use of algorithmic ranking and recommendations. Until 2020, Daphne was the Director of Intermediary Liability at Stanford's Center for Internet and Society. She also served until 2015 as Associate General Counsel for Google, where she had primary responsibility for the company’s search products. Daphne has taught Internet law at Stanford, Berkeley, and Duke law schools. She is a graduate of Yale Law School, Brown University, and Head Start.

Doug Kramer is General Counsel of Cloudflare, where he is responsible for managing the legal, policy, and trust and safety teams. In this role, Doug helps address the broad range of issues that touch the company's operations around the world. Prior to joining Cloudflare, Doug worked for seven years in senior positions in the Obama Administration, including as Deputy Assistant to the President and White House Staff Secretary, as the Deputy Administrator of the US Small Business Administration, and General Counsel at USAID. He previously worked in private practice in Washington, DC and Kansas City. 

He received Bachelor’s degrees in Philosophy and English from Georgetown University and his J.D. from University of Chicago Law School. 

Cloudflare, Inc. ( / @cloudflare) is on a mission to help build a better Internet. Trusted by over 20 million Internet properties, Cloudflare is one of the world's largest cloud network platforms. Cloudflare’s network sees more than 1 billion unique IP addresses each day protecting and accelerating any Internet application online without adding hardware, installing software, or changing a line of code. Internet properties powered by Cloudflare have all traffic routed through its intelligent global network, which gets smarter with each new site added. As a result, they see significant improvement in performance and a decrease in spam and other attacks. Cloudflare was recognized by the World Economic Forum as a Technology Pioneer, named the Most Innovative Network & Internet Technology Company for two years running by the Wall Street Journal, and ranked among the world's 50 most innovative companies by Fast Company. Headquartered in San Francisco, CA, Cloudflare has offices in Austin, TX, Champaign, IL, Boston, MA, Washington, DC, London, and Singapore.

Justin Olsson is Databricks' second lawyer (Associate General Counsel) and is based out of its San Francisco, California headquarters.  His work for Databricks focuses on a mix of product and privacy counseling and commercial negotiation.  Prior to joining Databricks, Mr. Olsson was Product Counsel at AVG Technologies and an associate at Goodwin Procter where he worked on a range of issues for technology companies, including intellectual property licensing, mergers and acquisitions, and general start-up law.  Mr. Olsson graduated from Harvard Law School in 2010 and with a degree in Chemical Engineering from Johns Hopkins University in 2007.

Remy Chavannes is a partner at the technology and communications law firm Brinkhof in Amsterdam (the Netherlands), where he specializes in copyright, digital media, and internet litigation. He represents online platforms, broadcasters, publishers, and artists, in cases at the intersection of copyright, freedom of expression, and privacy.

Remy’s work in the area of internet law focuses on litigation on issues such as the “right to be forgotten”, intermediary liability, hyperlinks, and website blocking. He has argued copyright cases before the highest EU and national courts, including the recent GS Media case about copyright liability for hyperlinking to infringing online source material. He also advises providers of media and communications services about their obligations to remove and provide information in the context of civil enforcement, criminal investigations, and national security.

Remy acts for commercial broadcasters, publishers, carriers and platforms in cases relating to audiovisual media services regulation, collective and individual copyright, music royalties, programme distribution, online enforcement, and freedom of information. He represents a leading national newspaper in defamation and privacy cases, and acted for soccer legend Johan Cruyff in Supreme Court litigation about privacy and commercial image rights.

Chambers & Partners writes: Clients praise Remy Chavannes’ ‘great presentation skills in court, articulate manner and out-of-the-box thinking’; a practical problem solver with a strong sense of Dutch law and international business goals,” say clients. “He is recognised as one of the leading figures in the media and telecoms fields, and is noted for his strength in litigation.”

Remy is a member of the AIPPI Programme Committee and Standing Committee on Copyright, and a regular author and speaker on developments in European copyright, media, and intermediary liability law.

Remy studied Modern History (Balliol College, Oxford, 1997) and Law (Leiden University, 2000). He was admitted to the Bar in 2000 and has been a partner at Brinkhof since 2007.

Tal Niv is the VP of Law & Policy at GitHub. Her mission (in life) is to figure out ways to improve the public policy environment in a way that is conducive to software development, to open source, and to creative activity in general, to help create essential policy tools that are helpful to developers and the users of the systems that they build, and that promote balanced policy standards that contribute to innovation. Before GitHub Tal was an adjunct Prof of Intellectual Property and even before then she worked at Creative Commons. While still a Tel-Aviv-ian, Tal worked as a product manager in Israeli startups. Tal also plays the harp and drinks unfiltered 3rd wave coffee.

Tony Sebro is the Deputy General Counsel for the Wikimedia Foundation, the nonprofit that supports Wikipedia and its related projects. A seasoned professional, Tony helps manage the day-to-day operations of the Foundation's legal department and provides specific expertise relating to technology, intellectual property, open source licensing, business operations, privacy, and strategy.

Tony joined the Foundation after serving as General Counsel for Software Freedom Conservancy — a public charity that acts as the home for more than 40 free and open source software projects, including Git, Selenium and Samba. Prior to joining Software Freedom Conservancy, he spent time in the private sector with PCT Law Group and Kenyon & Kenyon and as an intellectual property licensing and business development professional with IBM.

Tony earned his Bachelor of Science degree in Mechanical Engineering from the Massachusetts Institute of Technology; an MBA from the University of Michigan - Stephen M. Ross School of Business; and his Juris Doctor degree from the University of Michigan Law School. In 2017, Tony received an O’Reilly Open Source Award for leadership and outstanding contribution to open source.

Tony is a registered in-house counsel with the California state bar, a member of the New York bar, and registered to practice before the U.S. Patent and Trademark Office. Tony is also on the project leadership committee for Outreachy, an initiative that provides paid remote internships for people interested in contributing to open source communities. People from groups underrepresented in tech are especially encouraged to apply. Tony is an active participant in and supporter of the non-profit community, and has served on the boards of multiple non-profit organizations.

Tyler G. Newby is a partner in the Litigation Group at Fenwick & West LLP, where he chairs the firm’s IP and Commercial Litigation group and co-chairs the firm’s Privacy and Data Security practice.  His practice focuses on privacy and data security litigation, federal and state regulatory investigations and counseling for high technology clients ranging from early-stage startups to mature public companies. 

Prior to rejoining Fenwick & West in 2011, Mr. Newby was a federal prosecutor with the U.S. Department of Justice in Washington, D.C. where he was a Trial Attorney in the Criminal Division's Computer Crime and Intellectual Property Section, and a Special Assistant United States Attorney in the Cyber Division of the U.S. Attorney's Office for the Eastern District of Virginia.  The California Daily Journal named Mr. Newby a Top Cyber Attorney for 2019.  In 2014, Mr. Newby was named among the top attorneys in the United States under the age of 40 by Law360.

Mr. Newby graduated from Stanford Law School in 1999, where he was a Notes Editor of the Stanford Law Review.

As Policy Director, Jason is responsible for working with GNI’s diverse corporate, non-governmental, academic, and investor members to develop and articulate GNI’s policy positions, and engaging with policy makers and other stakeholders to enhance protections for free expression and privacy globally.

Prior to joining GNI, Jason was a Special Advisor at the U.S. Department of State, where he led the Internet Freedom, Business, and Human Rights section in the Bureau of Democracy, Human Rights and Labor. In that role, Jason worked with colleagues across the U.S. government, counterparts in other governments, and stakeholders around the world to promote and protect human rights online.

Jason is a graduate of Northwestern University and Yale Law School. Between degrees, he served as a Peace Corps volunteer and later led an innovative land titling and conservation project in rural Guatemala. After law school, he worked as a law clerk for the Honorable Raymond J. Dearie in the U.S. Federal District Court for the Eastern District of New York, and as an Associate at Debevoise & Plimpton LLP.

• Google
Product Counsel
August 2018 – Present 
• Cloudflare, Inc.
Legal Counsel
September 2016 – August 2018
• Orrick, Herrington & Sutcliffe LLP
Managing Associate
January 2011 – September 2016
• ACLU of Northern California
Litigation Fellow
January 2010 – December 2010
• Office of the Appellate Defender
Indigent Defense and Appellate Representation
January 2009 – December 2009 (1 year)Greater New York City Area
• Forum for Women, Law, and Development
Women's Rights Advocacy
2007 – 2007
• NERA Economic Consulting
January 2004 – June 2006

• NYU School of Law
2006 – 2009
Activities and Societies: Moot Court, Courtroom Advocates Program with the Domestic Violence Project, Asia Law Society, Asian Pacific American Law Students Association
• UC Berkeley
B.A., Economics, summa cum laude

Honors & Awards
• California Lawyer of the Year for Pro Bono Work
California Lawyer Magazine
February 2014


Stephen is Legal Director at the Wikimedia Foundation, where he advises on governance, fundraising, copyright, and other internet law and policy topics. Stephen is co-creator of CollabMark, a trademark guide for open source software. He is also an active contributor to open source software projects, including a series of interactive visualizations on Wikipedia. Stephen’s main areas of interest are open source licensing and online platforms. Stephen graduated from the University of Nebraska-Lincoln and the University of California, Hastings College of the Law.