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Cloud Computing 2011: Cut Through the Fluff & Tackle the Critical Stuff


Speaker(s): David G. Ries, Fernando A. Bohorquez, Jr., Heidi Salow, Janine Anthony Bowen, Leonard T. Nuara, Peter Brown, Rachel Beth Evans, Steve Young, Todd Machtmes
Recorded on: Jun. 27, 2011
PLI Program #: 29108

Fernando Bohorquez is a forward-thinking, problem-solving, and innovative attorney who handles commercial, intellectual property, and bankruptcy litigation and business disputes. He has deep knowledge and experience with all phases of civil litigation, managing large scale cases in high profile and pressure environments. Fernando leverages these skills sets, as well as his networks inside and outside of the firm, to advise a variety of emerging tech startup and social media clients on business law, intellectual property, on-line advertising, and privacy and data security. He is a frequent speaker on social media and digital marketing, privacy and data security, electronic discovery, and law firm diversity initiatives and has published several articles and blogs on online advertising and marketing, Internet-related intellectual property issues, and electronic discovery, including regularly contributing to the firm's Data Privacy Monitor and IP Intelligence blogs. For Fernando’s thought leadership on these topics, click here and here.

Fernando is very involved and invested in the startup community, representing and counseling various minority and female owned tech companies, serving as a leading member of the firm's Emerging Company team, spearheading the firm's sponsorship of the German Accelerator program in New York City, and speaking at local law schools. Furthermore, Fernando is deeply committed to civic engagement and public service. Recognizing these efforts, the Mayor of New York City recently appointed Fernando to the Conflicts of Interest Board of New York, which oversees the ethics laws applicable to all New York City public servants. He serves on numerous non-profit boards, focusing his time on pipeline efforts developing and mentoring the next generation of leaders of color in the business and legal community. Consistent with these commitments, Fernando is also the Co-Chair of the New York office's Diversity and Community Engagement and Mentor Committees.

Select Experience

  • Integrally involved as a lead attorney for BakerHostetler's court-appointed representation of SIPA Trustee Irving H. Picard for the liquidation of Bernard L. Madoff Investment Securities LLC in efforts to recover assets for the Fund of Customer Property. Core member of strategy team supervising the global investigation and litigation of hundreds of actions seeking recovery of fraudulent transfers for equitable distribution to the defrauded customers filed by the Trustee in the United States Bankruptcy Court for the Southern District of New York against financial institutions, money managers, insiders, and sophisticated investors.
  • Represented senior government official in Iqbal v. Ashcroft, involving constitutional and statutory challenges to the detention policies following the September 11 terrorist attacks, resulting in a favorable U.S. Supreme Court ruling on the pleading standards required to bring actions in federal court.
  • Managed large-scale, multidisciplinary team in Lanham Act litigation against numerous competitors of a leading client in the prepaid calling card industry.
  • Managed a large scale litigation team in Lanham Act claims against a competitor trademarking distributor for a beauty care industry client.
  • Counseled media conglomerate on digital media issues relating to contracts, licenses, intellectual property, among others, in pre-litigation management work.
  • Advises numerous technology companies in pre-litigation work, including contract and intellectual property issues, and handled disputes with customers and partners to avoid litigation


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.  


Heidi Salow is an expert in privacy and data security, intellectual property, e-commerce and global data protection laws, having focused on these areas for well more than a decade. 

Heidi has extensive experience in matters involving privacy, data security, intellectual property, e-commerce, social media, online copyright liability and protection, trademark law, mobile technology and mobile applications, legal risks associated with various website offerings, vendor management, records retention, data loss prevention, data classification methodologies, regulatory/legislative advocacy, legal compliance, risk management, corporate governance and corporate brand strategy. Heidi has spent most of her career in private practice at global law firms. In addition, she was one of the first members of Sprint Nextel's Office of Privacy, where she handled complex privacy, data security and intellectual property matters for four years. In addition to compliance counseling, her experience includes legislative advocacy, public policy and negotiating intellectual property licensing, outsourcing, cloud computing and partnership agreements. Heidi has represented numerous companies on regulatory, legislative and public policy matters before Congress, the Administration, and U.S. federal and state agencies.



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


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.


Rachel has been an in-house technology lawyer for over 20 years, and her areas of focus include software-as-a-service, IP licensing, and complex IT transactions. She is currently the commercial legal lead responsible for leading software-as-a-service contract negotiations and strategy for Workday’s central region.

Rachel previously worked at Accenture for 12 years, most recently as a Director of Legal Services, advising senior leadership on regulatory and other legal and business risks with respect to Accenture's HR, infrastructure, and application outsourcing services. Prior to Accenture, she worked at IBM and with Siebel Systems, negotiating complex IT transactions.

Rachel has been a speaker at numerous PLI conferences since 2010 and is admitted to practice law in New York and California. She grew up in the Chicago area, received her undergraduate degree in psychology from the University of Michigan in 1990, and graduated cum laude from Indiana University School of Law in 1994, where she was an editor of the Indiana Law Journal.

Rachel moved back to Chicago in 2016 after spending 22 years in Silicon Valley. When she’s not working, she enjoys volunteering in animal rescue.

Rachel can be contacted at rachel.evans@workday.com.