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Cloud Computing 2010: Is Your Company Ready?


Speaker(s): Janine Anthony Bowen, Jeremy R. Feinberg, Leonard T. Nuara, Mark F. Radcliffe, Mark Wittow, Maura R. Grossman, Michelle Finneran Dennedy, Nick Tsilas, Peter Brown, Suzanne Y. Bell, Tanya L. Forsheit, Todd Machtmes
Recorded on: Jun. 23, 2010
PLI Program #: 24071

Jeremy R. Feinberg is the Statewide Special Counsel for Ethics and the Commercial Division at New York's Office of Court Administration (OCA). Among his duties at OCA, he provides ethics training, support and advice to the judges and non-judicial employees of the Unified Court System.

Mr. Feinberg is a regular speaker and panel moderator on legal ethics at Continuing Legal Education (CLE) programs around New York and has taught legal and judicial ethics as far away as Florida and Alaska. He is an adjunct professor of ethics and professional responsibility at Columbia Law School and has served as a guest lecturer at a number of New York area law schools.

He is the Chair of the New York City Bar Association's Committee on Professional Ethics, a committee which issues formal ethics advisory opinions to lawyers on behalf of that bar association.  He has also served on the City Bar's Council on Judicial Administration, Committee on Professional Responsibility and Committee on Professional Discipline.

In his role as OCA's Statewide Special Counsel for the Commercial Division, Mr. Feinberg provides support and assistance to all of the Commercial Division courts throughout New York, and serves as a liaison between the Bench and the commercial Bar. He serves as a liaison to the Executive Committee of the New York State Bar's Commercial and Federal Litigation Section.

Before joining OCA in January 2006, Mr. Feinberg was a senior litigation associate at Proskauer Rose LLP, where he handled sports law, commercial litigation, and ethics matters for the firm and its clients. He served as law clerk to Hon. Judith S. Kaye, Chief Judge of the New York Court of Appeals for two years in 1996-1998. He is a 1995 graduate of Columbia Law School and a 1992 graduate of Columbia College.


Michelle Finneran Dennedy

Industry: Information Services

Experience

Founder
The iDennedy Project
2011 - Present (1 year)

Vice President & Chief Privacy Officer
McAfee

August 2011 - Present (1 year 4 months) San Francisco Bay Area

Vice President, Security & Privacy Solutions
Oracle
2010 - 2011 (1 year)

Chief Privacy Officer
Sun Microsystems, Inc.

April 2000 - January 2010 (9 years 10 months)

Chief Governance Officer
Sun Microsystems, Inc.

April 2000 - January 2010 (9 years 10 months)

Patent Litigator
Fish & Neave

June 1995 - 2000 (5 years)

Associate
Fish & Neave (now part of Ropes & Gray)
1995 - 2000 (5 years)


Todd Machtmes

Primary Areas of Practice: Software Licensing, Commercial Transactions

Legal Education: University of California, Hastings College of Law
 

Work History

After having begun his career as a law firm associate practicing a mixture of commercial litigation and general business transactions, Mr. Machtmes has spent the last twelve years inside technology companies structuring software and software as a service commercial transactions of all types, focusing particularly on complex sales and alliance transactions.  


Janine Anthony Bowen's technology-focused practice is on the front lines of innovation. An industrial engineer and forward-thinking counsel, she has earned a solid reputation for her aptitude with technology and intellectual property agreements, privacy and data protection, cloud computing, mobile commerce, and licensing and acquisition -- areas that benefit from her impressive background, including serving as a program manager at IBM and a senior consultant at Accenture. Her comfort with complex issues makes Janine a trusted advisor for clients negotiating technology-related deals with Fortune 500 companies, as well as those in need of intelligent analysis, cost control, strategic growth advice and thought leadership.

Janine's clients aren't the only ones who've taken notice of her strengths: In 2017, she became the first woman to receive the highest honor bestowed by Clemson University's College of Engineering, Computing and Applied Sciences, when she was inducted into the Thomas Green Clemson Academy of Engineers and Scientists.

Select Experience

  • Serving as lead counsel for a $100M ERP software and cloud services acquisition.
  • Serving as lead counsel for a $125M education technology and services business.
  • Serving as lead technology counsel on a $75 million ERP application management outsourcing.

Recognitions

  • The Best Lawyers in America© (2018)
    • Atlanta: Technology Law
  • Thomas Green Clemson Academy of Engineers and Scientists: Inductee (2017)
  • Clemson Alumni Association Distinguished Service Award (2016)
  • Leadership Atlanta: Class of 2011
  • Leadership Georgia: Class of 2009
  • Georgia Trend Magazine, "Legal Elite" (2008)
  • CloudU Certificate


Peter Brown has focused on technology law matters in national law firms and boutiques for over 25 years. He is currently the principal of Peter Brown & Associates PLLC, a New York boutique law firm concentrating in information technology, intellectual property and arbitration.

“The Best Lawyers in America” ® publication honored him as the “Lawyer of the Year” in Information Technology Law 2018 for New York City.

Mr. Brown has experience in a wide variety of litigations and arbitrations relating to the Internet, information technology and intellectual property. He regularly appears in both federal and state courts throughout the United States. In addition, Mr. Brown has acted as an arbitrator or mediator in over 70 matters involving IT and IP disputes.

Throughout his career he has drafted and negotiated a broad array of agreements relating to the Internet, outsourcing, cloud computing services, application software, Internet apps and e-commerce.  He has prepared these agreements for domestic businesses and international companies.

Mr. Brown co-authored the leading treatises Emerging Technologies and the Law and Computer Law. He also co-authors a monthly column on Information Technology Law for the New York Law Journal.

Mr. Brown is regularly featured as a speaker at the International Technology Law Association, local bar associations and other professional organizations in the US and abroad. He frequently speaks on the topic of artificial intelligence, IT and IP.

The Best Lawyers in America 2019 edition (affiliated with U.S. News & World Report), rated Peter Brown & Associates PLLC a First Tier National Technology Law firm. Chambers USA, New York Metro Superlawyers and other ratings organization have all given Mr. Brown high ratings in the fields of IT and IP. For further information see www.browntechlegal.com


Primary Areas of Practice: IP Licensing, Open Source Software Licensing, Venture Capital, Corporate Structuring; Corporate Collaborations

Law
School/Graduate School: Harvard Law School

Work History:

Mr. Radcliffe represents corporations in their intellectual property and finance matters. His clients include both startups and global multinationals.  He has been at the forefront of many of the major legal developments in the last three decades, including the development the first domain dispute resolution policy for Network Solutions, Inc. (which is still the basis for dispute resolution under ICANN),  the revision of the bankruptcy law to deal with the intersection between bankruptcy and intellectual property licenses, the open sourcing of the Solaris operating system for Sun Microsystems, Inc. and the development of the General Public License version 3.  He has served on the US Japan Innovation and Entrepreneurship Council and was appointed by the Department of State to be the US Private Sector Co-Chair http://japan.usembassy.gov/e/p/tp-20130225-01.html. His experience covers a wide variety of industries from web to software (particularly open source) to cloud to semiconductors. His deep experience in both venture capital financing and intellectual property makes him particularly effective in assisting companies in developing and implementing innovation strategies.

In April 2009 (the first year of the award), he was recognized for his experience in assisting companies in intellectual property strategy by Intellectual Asset Management magazine as one of the World’s Leading 250 IP Strategists.  The National Law Journal in 1997 named him one of the 100 Most Influential Lawyers in the United States.  He is consistently cited by Chambers USA: America’s Leading Lawyers for Business, as being in the first rank in California for IT and IT Outsourcing.  He has been listed in the “The Best Lawyers in America,” and as one of Northern California’s Top 100 intellectual property attorneys in “Super Lawyers.”  And he has been named as one of “America’s Leading Lawyers for Business” in Who’s Who Legal publication.  In 1998, Harvard Law School designated him a “Distinguished Alumni”.  He has been quoted on intellectual property matters in Time Magazine, the New York Times, Wall Street Journal, San Francisco Examiner, San Jose Mercury News and the Daily Variety.  Mr. Radcliffe has published articles in such legal magazines as the National Law Journal, Trademark World, Computer Lawyer, California Law Business and Copyright World

Professional Memberships: American Bar Association, International Bar Association


Lennie is a nationally recognized authority on technology and internet law and co-author of Drafting Internet Agreements, a practical legal treatise with annotated forms on internet and computer law published by the Aspen Publishers division of Wolters Kluwer Law & Business. Lennie formerly was a partner at several prominent law firms and served as the Chair of the Technology & Intellectual Property Practice of Thacher Proffitt & Wood, LLP, and was a partner in the Intellectual Property and Technology Practice at Greenberg Traurig, LLP.

Known for his high energy and unique blend of practice-legal knowledge, technology expertise and skills, Lennie serves as trusted advisor to dozens of multinationals and smaller corporates, hospitals and healthcare providers, financial institutions, startups and venture firms across industries including, E-business, retail, hardware and software, communications and energy, frequently involving the development and deployment of breakthrough and best-of-show technologies. His recognized technology law expertise coupled with his IT education and experience gained while operating technology companies provide unique insights that benefit clients who engage Lennie for strategic guidance and counseling.

Lennie also advises clients on privacy, cyber security and compliance. He offers specialized expertise in the creation of dynamic workflows and incident recovery solutions to manage and mitigate risk exposures. Clients engage Lennie regularly as a special counsel or to manage complex litigation in areas requiring his unique skill set and knowledge.

Lennie gained recognition as a “go to” technology expert and problem solver following the tragic destruction of the World Trade Center on September 11, 2001, home to Thacher Proffitt & Wood’s main office. Miraculously, no employees of the firm perished, but the destruction of the Twin Towers resulted in a complete loss of all of the firm's technology infrastructure and backup systems. On that day, Lennie interrupted his practice of law and became the CIO of the firm for the following six months. He was responsible for all decisions for the interim survival and ultimate rebuilding of the firm's technology infrastructure, including: equipment specification and acquisition, conversion of the firm's applications palette; extensive outsourcing of such IT functions as help desk and infrastructure management. The experience of losing everything, rebuilding everything from scratch, being the buyer instead of “representing the buyer” has given Lennie valuable insights that inform his practice even today. He has published and spoken on the lessons that he learned from this experience at seminars throughout the U.S. and Europe.

Prior to joining Flatiron, Lennie was Chief Operating Officer and General Counsel for ICF Mercantile, a technical textile distributor of medical, aerospace and construction yarn where he managed the transformation from a distribution to manufacturing business in a new state of the art manufacturing, research and development center. While at ICF he was responsible for all aspects of business operations, legal and IT, including creating the financial and production models to support the financing for transition; negotiations of the lease, construction, engineering, and architectural services agreements; and on-site management of construction resulting in an on-time and on budget startup.

Before ICF, he was the co-founder, President and Chief Operating Officer of Tera Group and TeraExchange. Lennie and his co-founder developed and managed the strategic evolution of the first and only multi-asset, Central Limit Order Book and RFQ based Swap Execution Facility and multi-asset execution management system from inception into a Dodd Frank Act - CFTC regulated institutional exchange for cleared derivatives, equities, futures, fixed income and options markets. Derivatives assets include IRS, CDS, NDF, and the first regulated Bitcoin derivative based on the TeraBit Bitcoin Price Index. While at Tera he managed the firm's operation including fundraising, client/investor presentations and relationships, operations, legal, regulatory, financial, marketing, business development and technology development and implementation.

An experienced commercial litigator, Lennie has handled high-stakes disputes in involving IP infringement, engineering and construction, IT systems and Internet businesses, including the successful resolution of several multi-hundred million dollar matters.

With over 250 articles and presentations, Lennie is one of the most sought-after lecturers in the country on Technology, Internet Law, Cybersecurity, Privacy, Cloud Computing, Social Media, Intellectual Property, Licensing, Techno-Entertainment, Negotiations, Identity Theft, Technology and Intellectual Property Litigation, E-Discovery, Online Child Safety and Law Practice Management.


Mr. Wittow is a partner in the Seattle office of K&L Gates, where he is practice leader for the firm’s intellectual property/technology transactions and data protection practice group. His work focuses on all manner of IP and technology transactions and counseling including the acquisition, development, marketing, licensing and distribution of devices, software and related services, other types of technology and media content, electronic commerce issues, data mining, machine learning/AI issues and complex patent licensing and patent dispositions.

Mr. Wittow is active in the Copyright Law Society of the United States and the Intellectual Property Law section of the American Bar Association. Mr. Wittow teaches the Arts Legal Clinic course at Seattle University Law School, and has taught the Advanced Copyright Law course there and at the University of Washington Law School.  He is active volunteer with Washington Lawyers for the Arts and winner of that organization’s 2015 Robert C. Cumbow Brio Award for outstanding volunteer service as a pro bono counselor and presenter. Mr. Wittow was admitted to the Washington State Bar in 1988.


Widely considered one of the country’s top privacy and data security lawyers, Tanya Forsheit has advised on high-profile matters involving confidential data and other sensitive information for over 20 years. Ms. Forsheit is Chair of Frankfurt Kurnit Klein & Selz’s Privacy & Data Security Group and Supervising Partner of the Los Angeles Office. She advises on the protection, processing and monetization of data, including matters related to interest-based advertising, privacy policies, mobile apps, cloud computing, smart devices, and data analytics.

Ms. Forsheit has advised on hundreds of information technology deals and transactions on behalf of both service providers and enterprise purchasers, including multilayered AdTech and cloud computing agreements. She is routinely called upon to help clients respond to time-sensitive security events and has advised on hundreds of such incidents. She has worked with dozens of multinational clients on the compliance requirements of the EU General Data Protection Regulation, and is currently representing dozens more in preparing for, and addressing the policy implications of, the California Consumer Privacy Act, taking effect in January 2020. 

The Legal 500 praised her in the 2019 edition as “incredibly responsive” and “everything you could ask for in an outside counsel.” The Daily Journal named her as one of the top 20 Cyber attorneys in California in its inaugural 2018 list, and has twice included her in its list of "Top Women Lawyers." She was one of three finalists for the Los Angeles Business Journal’s Cybersecurity Lawyer of the Year recognition in 2017.

Ms. Forsheit lectures widely on technology law topics and has been quoted on privacy and data security in publications such as the Wall Street Journal, Los Angeles Times, Forbes, ComputerWorld, Venture Beat, and Law360. She is currently an Adjunct Professor at Loyola Law School.

The International Association of Privacy Professionals (IAPP) has certified Ms. Forsheit as both an Information Privacy Professional (CIPP/US) and Privacy Technologist (CIPT). She sits on the Advisory Council of the Center for Democracy & Technology (CDT). Ms. Forsheit is a past President of the Women Lawyers Association of Los Angeles.


Maura R. Grossman is a Research Professor in the David R. Cheriton School of Computer Science at the University of Waterloo, in Ontario, as well as an eDiscovery attorney and consultant in New York. Previously, Maura was of counsel at Wachtell, Lipton, Rosen & Katz, where for 17 years, she represented Fortune 100 companies and major financial services institutions in corporate and securities litigation, including civil actions and white collar criminal and regulatory investigations, and advised lawyers and clients on legal, technical, and strategic issues involving eDiscovery and information governance, both domestically and abroad.

Maura is a well-known and influential eDiscovery lawyer.  She is described in Who’s Who Litigation 2015 E-Discovery Analysis as “‘sensational’ according to her peers and . . . a ‘go-to’ in the area.”  Chambers & Partners USA 2015 Litigation:  E-Discovery described her as “the best-known person in the area of technology-assisted review; a superstar among superstars.”  Maura’s scholarly work on TAR, most notably, Technology-Assisted Review in E-Discovery Can Be More Effective and More Efficient Than Exhaustive Manual Review, published in the Richmond Journal of Law and Technology in 2011, has been widely cited in case law, both in the U.S. and elsewhere.  Her longstanding contributions to eDiscovery technology and process, including her multiple patents relating to TAR, were featured in the February 2016 issue of The American Lawyer.

Since 2010, Maura has served as co-chair of the eDiscovery Working Group advising the New York State Unified Court System. She has been a court-appointed special master, neutral/mediator, and eDiscovery expert to the court in multiple high-profile federal cases. Maura has provided eDiscovery training to federal and state court judges, by invitation of the court, and has testified, on several occasions, before the Advisory Committee on the Federal Rules of Civil Procedure and the Advisory Committee on Evidence Rules, at their invitation. She is an adjunct professor at Columbia Law School and the Georgetown University Law Center, where she teaches courses on eDiscovery. Previously, Maura taught at Rutgers Law School–Newark and Pace Law School.

Since 2012, Maura has been a member of the Steering Committee of The Sedona Conference® Working Group 1 on Best Practices for Electronic Document Retention and Production. Since 2008, she has been involved in the National Institute of Standards and Technology’s Text Retrieval Conference (“TREC”); in 2010 and 2011, as coordinator of the Legal Track, and since 2015, as coordinator of the Total Recall Track. Maura serves on the Advisory Boards of Bloomberg BNA’s Digital Discovery & e-Evidence Report, the Georgetown University Law Center’s Advanced eDiscovery Institute, the Benjamin N. Cardozo School of Law’s Cardozo Data Law Initiative, and the Annual Arizona State University (“ASU”)-Arkfeld eDiscovery and Digital Evidence Conference.

Maura graduated with an A.B., magna cum laude, from Brown University. She earned M.A. and Ph.D. degrees in Clinical/School Psychology from the Gordon F. Derner Institute of Advanced Psychological Studies at Adelphi University, and a J.D., magna cum laude, Order of the Coif, from the Georgetown University Law Center. While at Georgetown, Maura served as Executive Notes and Comments Editor of the Georgetown Law Journal.


Suzanne Bell has more than 20 years of experience representing some of the world’s most prominent technology companies in their most significant technology and intellectual property transactions. Recognized as a leading practitioner in Chambers USA for her "wealth of experience," clients describe her as "service-oriented, delivering high-quality work product in a practical and friendly manner."

Ms. Bell focuses on technology and IP transactions—with an emphasis on complex strategic alliances—for a wide range of software, electronics, AI, IoT, autonomous vehicle, telecommunications, cloud computing, digital media, Internet, fintech, digital health, and clean technology companies. Her practice also includes strategic intellectual property asset purchases and sales; technology mergers, acquisitions, and spin-offs; and intellectual property litigation settlement agreements. In addition to her transactional work, she provides product counseling and advice on structuring business models for emerging technology companies and traditional companies that are embracing technology. Ms. Bell works with both growth and mature companies, and she has advised many of Silicon Valley's most prominent companies from start-up to maturity.