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Social Media 2018: Addressing Corporate Risks (San Francisco)

Speaker(s): Aaron P. Rubin, Aaron Schur, Daniel J. McCoy, Daniel M. Goldberg, John F. Delaney, Julia D. Kripke, Kathy L. Ossian, Lauren Tang, Michelle Sherman, Tsan Abrahamson
Recorded on: Feb. 1, 2018
PLI Program #: 221753

John Delaney advises clients ranging from startups to FORTUNE 500 companies on licensing, intellectual property and technology-related matters. John’s experience includes negotiating complex IT and business process outsourcing contracts and service level agreements, joint ventures, software and content development agreements and licenses and similar transactions. John routinely advises clients on matters relating to social media, mobile apps, cloud computing, AI, big data analytics, smart contracts, blockchain and other emerging technologies. 

John also assists clients in identifying online liability issues and developing risk-reduction strategies, including in connection with data scraping, online marketing campaigns, user-generated content, voice platforms and interactive products and services.   

In the media space, John has extensive experience with the licensing of music, TV, film and other content for transmitting, streaming or downloading through traditional distribution channels and online platforms. 

In the social media space, John is highly knowledgeable of the rapidly evolving law of social media, social influencers and interactive marketing. He drafts and helps implement social media policies and guidelines, advises on compliance with the Digital Millennium Copyright Act (DMCA) and Communications Decency Act (CDA) safe harbors, and assists with online tracking and issues in connection with corporate blogs, third-party social media platforms and mobile applications.

John is a frequent author, blogger and lecturer on technology and intellectual property law developments.

Tsan Abrahamson’s practice focuses on strategic counseling in the areas of social media, sweepstakes, intellectual property, advertising, trademark clearance, trademark and copyright prosecution, licensing, and other business transactions.  She also manages the adverse proceedings practice at the U.S. Patent and Trademark Office Trademark Trial and Appeal Board.  Tsan has an extensive practice in the area of marketing promotions, including social media promotions, gift card and gift certificate marketing, print and online sweepstakes, contests, give-aways, warranties, rebates, and coupon promotions.  Tsan completed her undergraduate work at Dartmouth College, and received both her JD and MBA from the UCLA School of Law and The Anderson Graduate School of Management.

Aaron Rubin is co-chair of the firm’s Technology Transactions Group. He advises clients on a wide range of complex transactions involving intellectual property and technology, including structuring and negotiating strategic licensing, development, collaboration, procurement, and distribution deals. Mr. Rubin also maintains an active practice counseling companies on the intellectual property aspects of mergers, acquisitions, asset spin-offs, and private equity investments.

Mr. Rubin's practice focuses on advising both established and emerging companies in a variety of data- and technology-intensive sectors, including software, SaaS, cloud computing, AR/VR, AI, gaming, healthcare, consumer electronics, social media, e-commerce and other online business models, and mobile applications. He has represented clients such as Autodesk, Facebook, Gap, Konami, Kaiser Permanente, Oculus, Softbank, Visa, and Yahoo, among others. Mr. Rubin is also a co-editor of Socially Aware, Morrison & Foerster's award-winning newsletter and blog devoted to the law and business of social media.

In addition, Mr. Rubin regularly provides pro bono assistance to various non-profit and charitable organizations such as Common Sense Media and the Starlight Children's Foundation, and is a member of the Board of Directors of California Lawyers for the Arts.

Mr. Rubin received his B.A. in philosophy from the University of California, Berkeley in 1991. In 2001, he received his law degree from the University of California, Berkeley, Boalt Hall School of Law, where he was an executive editor of the California Law Review and was elected to the Order of the Coif. Following law school, Mr. Rubin served as law clerk to the Honorable William H. Orrick and the Honorable Martin J. Jenkins, both United States District Judges for the Northern District of California.

Aaron Schur is Senior Director of Litigation at Yelp Inc., which provides websites and mobile applications allowing millions of consumers around the world to share reviews, photos, and other information about local businesses.

Mr. Schur has led Yelp’s efforts to obtain favorable decisions protecting the rights of websites to publish third-party commentary and users’ rights to privacy.  Recent such cases include Kimzey v. Yelp, 836 F.3d 1263 (9th Cir. 2016) (applying Section 230 of Communications Decency Act to affirm dismissal of action against Yelp premised on publication of user reviews), Yelp v. Hadeed Carpet Cleaning, 770 S.E.2d 440 (Va. 2015) (overruling order compelling identification of Yelp reviewers), and Hassell v. Bird, 2016 Cal. LEXIS 7914 (Cal. 2016) (case concerning Section 230, due process, and First Amendment issues, currently pending before the California Supreme Court). In June 2016, Mr. Schur testified before Congress in support of the SPEAK FREE Act, a federal Anti-SLAPP bill.

Prior to joining Yelp in 2010, Mr. Schur practiced law in the San Francisco offices of Bingham McCutchen and Arnold & Porter. Mr. Schur received his BA from the University of California at San Diego, an MA from the Central European University of Budapest, and a JD from the New York University School of Law.  In 2015, Mr. Schur received an In-House Impact Award from The Recorder, for his work defending Yelp in the case of Levitt v. Yelp, 765 F.3d 1123 (9th Cir. 2014).

Daniel McCoy is Co-Chair of the Employment Practices Group at Fenwick & West. His practice emphasizes employment litigation and counseling for employers.

In his litigation practice, Dan defends employers against wage and hour class actions, trade secret disputes, employee mobility disputes, claims for sexual harassment, discrimination, breach of contract, union disputes, and many other causes of action in both state and federal courts. In his counseling practice, Dan regularly advises employers on employee terminations, wage and hour issues, reductions in force, employee misconduct, leaves of absence, unfair competition disputes and many other personnel issues.

In addition to his litigation and counseling work, Dan writes and speaks regularly on employment law issues, including for The National Law Journal, the Practising Law Institute, the Santa Clara County Bar Association, NCHRA and Strafford Publications.

Dan has been quoted on developments in employment law in numerous print and online publications, including Forbes, BusinessWeek, The New York Times, The Wall Street Journal, USA Today and TechCrunch.

In 2011, Dan was profiled in the Daily Journal's Top Labor and Employment Lawyers List, a list of 75 leading labor and employment lawyers in California, and, from 2012-2016, Dan was named a Northern California Super Lawyer.

Ossian Law P.C., Founder & CEO, 2013-present
University of Phoenix, Advanced Certified Faculty Member, 2001-present
Oakland University, Adjunct Faculty Member, 2016-present
Miller Canfield, Senior Principal/Information Technology & Cyberlaw Section Chair, 1986-2013
Law Clerk to U.S. District Judge Robert E. DeMascio, 1984-1986

J.D., Magna Cum Laude, Michigan State University College of Law, 1984
B.A., Economics, Michigan State University, 1980

Professional Activities:
American Bar Association, 1986-present
State Bar of Michigan, 1984-present
Law Practice Management Section Council, 2015-present
Armenian Bar Association, Board of Governors, 2010-present
Armenian-American Bar Association, Past President 1995-1997; Board Member, 1995-present

Honors and Awards:
Best Lawyers in America, Information Technology Law, 2007-present; 2012 Detroit Information Technology Lawyer of the Year
Michigan Super Lawyers, Information Technology/Outsourcing, 2006-present
DBusiness Magazine, Top Lawyers, Information Technology, 2011-present
Michigan Lawyers Weekly, 2011 Women in the Law

Civil and Cultural Activities:
University of Dayton School of Law Annual Program in Law & Technology, Steering Committee, 2007-present
American Bar Association Foundation Life Fellow, 2013-present
State Bar of Michigan Foundation Fellow, 2010-present
Detroit Regional Chamber & Leadership Detroit, Graduate, Class XXII
Girl Scouts of Southeastern Michigan, Board Member, 2009-present, Vice Chair, 2015-present

Michelle Sherman is the author of Winning with Social Media – A Desktop Guide for Lawyers Using Social Media in Litigation and Trial, a 2016 publication from the National Institute for Trial Advocacy. Michelle has tried civil and criminal cases and is currently an in-house corporate legal counsel. She also is an adjunct professor at the University of Southern California Annenberg School for Communication and Journalism. Michelle has been writing and speaking about social media legal topics to lawyers, judges and business people since 2010 when she launched one of the first law firm blogs with a focus on social media.