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Financial Services Technology 2021: Avoidance of Risk

Speaker(s): Jake E. Lilie, James Paine, Jyotirmoy Banerjee, Mandy Tenner, Mark Melodia, Monique N. Bhargava, Rashmi Chandra, Samantha J Himelman, Sarvesh Mahajan
Recorded on: Apr. 16, 2021
PLI Program #: 305826

Mark Melodia is a privacy, data security and consumer class action defense lawyer in Holland & Knight's New York office. Mr. Melodia focuses his practice on governmental and internal investigations, putative class actions and other "bet-the-company" suits in the following areas: data security/privacy, mortgage/financial services and other complex business litigation, including defamation.

Mr. Melodia has defended more than 80 putative class actions – including as lead defense counsel in multiple multidistrict litigations (MDLs) – arising from alleged consumer privacy violations, data incidents and allegations of data misuse. He routinely represents clients responding to government privacy investigations before the Federal Trade Commission (FTC), Office for Civil Rights, state attorneys general and the U.S. Department of Justice (DOJ). He has guided clients in a wide range of industries through several hundred data incidents over the past dozen years. He advises clients on their obligations and helps them operationalize the requirements of General Data Protection Regulation (GDPR) as well as federal and state laws in the U.S. He consults with boards and executive teams on these issues.

Mr. Melodia has been an instructor of Information Security Law in the Chief Information Security Officer (CISO) Executive Education and Certification Program at Carnegie Mellon University's Heinz College, as well as a guest lecturer at Seton Hall Law School and New York University School of Law.

Mr. Melodia served as a law clerk for the Honorable Timothy K. Lewis of the U.S. District Court for the Western District of Pennsylvania.

Monique N. Bhargava advises brands, advertising agencies, media and technology companies in all aspects of their business, including data privacy and security, digital media, sponsorships, content and IP licensing, and advertising/marketing matters. She also focuses on the convergence of advertising and emerging technology, helping clients navigate unique issues in new media, mobile marketing, social media, AdTech and user-generated content. 

Nikki’s clients span a wide array of industries, including food and beverage, retail, automotive, consumer packaged goods, restaurants, pharmaceuticals and OTC, financial services, advertising, media (including broadcast, print, and digital), technology and sports. 

Armed with practical and business-minded solutions, Nikki works with clients to achieve their goals while managing legal risks in the following areas:

  • Data Privacy and Security: Domestic and international compliance (CCPA, GDPR), cross-border transfers, online behavioral advertising, use and monetization of “big data”, mobile privacy, cross-device data collection and use, and data breach preparedness and response. 
  • Technology and E-Commerce: Website and mobile development, including transactional agreements, software and platform licensing, end-user license agreements, and other consumer facing policies. She also advises clients on E-Commerce strategies, including vendor and payment provider agreements, product quality and safety matters, and marketing integrations. 
  • Advertising: Claim substantiation, advertising and rights clearance, state and federal regulation, intellectual property issues (copyright, trademark, rights of privacy and publicity), agency/client contracts, media and adtech agreements, content licensing, talent and production contracts, social media, union issues, children’s advertising, network clearance, and sponsorships. 
  • Trademark, Domain Name, and Brand Protection: Trademark clearance for branding and advertising purposes, domain name and gTLD management and enforcement, asset licensing and protection strategies, as well as trademark portfolio management and enforcement. 

Jake Lilie, Senior Vice President, Head of IT, Chief Information Security Officer, heads Information Technology and Information Security at Alger.  He joined the firm in 2015 and has over 20 years of experience.  Prior to joining Alger, Jake served as Director of IT Operations at The Riverside Company, a global Private Equity firm. He was responsible for managing global Infrastructure and Desktop Support teams. Jake was also a member of the Riverside Information Security Office, which developed and implemented information security standards across the firm and their portfolio companies. Prior to Riverside, Jake started and ran the New York branch of an IT services consulting firm, Dynamic Data, Inc.  Jake received his B.A. in Management & Information Systems (MIS) from Kent State University.

James Paine is an Atlanta business attorney who focuses his national technology transactions practice on information
technology and business process outsourcing matters, enterprise resource planning (ERP) licensing, implementation
and support, cloud solutions, including software as a service (SaaS), platform as a service (PaaS) and infrastructure
as a service (IaaS), and other technology transactions. In addition, he has experience with marketing and e-commerce
arrangements, technology transition services agreements, information technology (IT) licensing and commercialization
transactions, joint ventures and strategic alliances, and other large commercial contracts.

Mr. Paine advises clients on a broad range of strategic information technology and business process outsourcing
arrangements, including IT infrastructure operations and support, application development and support services, IT
help desk and desktop support, co-location and managed network services. Mr. Paine also handles strategic business
process outsourcing arrangements, including outsourcing of finance and accounting services, benefits and human
resources administration, procurement supply chain and logistics, customer relationship management, call center
operations and back office support.

In addition, Mr. Paine has handled engagements in the United States, Canada, South America, Australia, EU, India,
Mexico, India, Philippines and China.

Prior to joining Holland & Knight, Mr. Paine was a corporate attorney for an international law firm in its Atlanta office.
Previously, Mr. Paine served as corporate counsel of information technology and data privacy for The Home Depot.

Jyo started his career with Shearman & Sterling in New York where he was a member of the Corporate Finance team. After 7 years with the firm, he joined the Equities legal team at Lehman Brothers where he helped develop the first Exchange Traded Note product. In 2008 he moved to Singapore with O’Melveny & Myers to start their Capital Market practice in the newly opened Singapore office before moving to Standard Chartered Bank to help develop and establish their Equity Capital Markets platform. In 2013, he joined Bank of America to support their Investment Banking business in South East Asia and India. He moved back to the US in 2018 to support the Bank’s Global Procurement and Third Party Management business. He is based in Charlotte. 

Rashmi Chandra brings over two decades of experience as a technology and intellectual property transactions lawyer. In her last position she served as Executive Director and Head of the Intellectual Property/Information Technology law practice group at Aetna Inc., one of the nation’s premier provider of health care, dental, pharmacy, disability insurance. As the lead IP counsel, Rashmi played a strategic role a number of pioneering initiatives including Aetna’s launch of an Enterprise Digital Accessibility policy and a Digital Accessibility center, establishing a Patent Center of Excellence, and overseeing all legal and strategic enforcement and maintenance issues relating to the Aetna enterprise and its subsidiaries’ intellectual property assets, brand counseling, media, technology and software legal issues. 

Prior to her inhouse career, Rashmi spent eight years in private practice as an IP and Technology Transactions lawyer at Kirkland & Ellis (Chicago office) specializing in technology and business process outsourcing and other IP transactions.

Rashmi has served as a faculty member with the Practising Law Institute since 2015 speaking regularly on the Legal Risks of Social Media and other IP-related topics. She recently served as a faculty member with Harappa Education in India for their course: Speaking Effectively and will be a guest lecturer at the University of Connecticut School of Law IP Clinic. Rashmi serves as President and is on the Board of Directors for the South Asian Bar Association of Connecticut. 

Samantha Himelman is Managing Director and Senior Counsel at BNP Paribas, a French international banking group. She leads the Digital and IP Legal Team for the Americas, covering the corporate and institutional banking business as well as retail banking affiliates throughout North and South America. Samantha advises on a broad swath of issues, including cybersecurity, data protection, privacy, emerging technology and intellectual property matters. She supports major business initiatives for BNP Paribas, including innovation, digitalization, and fintech projects, and advises on the creation of scalable, global privacy and data protection compliance programs. 

Prior to joining BNP Paribas in 2015, Samantha was an associate in Simpson Thacher & Bartlett’s IP and Technology group.   She is a graduate of Tulane University and the Fordham University School of Law, and holds a Certificate in Digital Law from the Sorbonne Assas Law School in Paris, France.


Sarvesh Mahajan (suhr-VAYsh muh-HA-jen)

Sarvesh is a partner in the Outsourcing and Technology Practice of Wiggin and Dana. Sarvesh helps clients negotiate and implement technology agreements and commercial agreements. He has significant experience across all stages of IT and business process outsourcing transactions, allowing him to help clients structure or respond to RFPs, negotiate contracts, and manage and implement complex, global outsourcing arrangements. Sarvesh has been recognized as a leading lawyer nationally for Outsourcing in Chambers and Legal 500.