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Law and Regulation of "Intermediary" Businesses 2014: Consumer-Facing Technology Providers, Online Platforms, and Online Media

Speaker(s): Andrew P. Bridges, Catherine R. Gellis, Corynne McSherry, David Snead, J. Scott Evans, James X. Dempsey, Jedediah Wakefield, Judge A. Howard Matz (Ret.), Kelly M. Klaus, Kerry O’Brien, Laura H. Covington, Laurent Crenshaw, Margot E. Kaminski, Matt Zimmerman, Michal Rosenn, Michelle Paulson, Paul E. Sieminski, Stacey Wexler, Thomas C. Rubin
Recorded on: Nov. 5, 2014
PLI Program #: 57218

Paul Sieminski is General Counsel of Automattic – the Company behind WordPress – and in that capacity oversees the Company’s worldwide legal activities. His work includes support for all of the Company’s business units, management of M&A, financing transactions and strategic partnerships. In addition, Paul manages Automattic’s public policy and government advocacy work. He also oversees the Company’s intellectual property portfolio and is in charge of developing user friendly privacy and DMCA policies to advance Automattic’s mission to democratize publishing, and promote free expression on the internet.

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.

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.

Corynne McSherry is the Legal Director at EFF, specializing in intellectual property, open access, and free speech issues. Her favorite cases involve defending online fair use, political expression, and the public domain against the assault of copyright maximalists. As a litigator, she has represented Professor Lawrence Lessig, Public.Resource.Org, the Yes Men, and a dancing baby, among others, and one of her first cases at EFF was In re Sony BMG CD Technologies Litigation (aka the "rootkit" case). In 2015 she was named one of California's Top Entertainment Lawyers.  She was also named AmLaw's "Litigator of the Week" for her work on Lenz v. Universal. Her policy work includes leading EFF’s effort to fix copyright (including the successful effort to shut down the Stop Online Piracy Act, or SOPA), promote net neutrality, and promote best practices for online expression. In 2014, she testified before Congress about problems with the Digital Millennium Copyright Act.  Corynne comments regularly on digital rights issues and has been quoted in a variety of outlets, including NPR, CBS News, Fox News, the New York Times, Billboard, the Wall Street Journal, and Rolling Stone. Prior to joining EFF, Corynne was a civil litigator at the law firm of Bingham McCutchen, LLP. Corynne has a B.A. from the University of California at Santa Cruz, a Ph.D from the University of California at San Diego, and a J.D. from Stanford Law School. While in law school, Corynne published Who Owns Academic Work?: Battling for Control of Intellectual Property (Harvard University Press, 2001).

David Snead works exclusively with companies and individuals involved in the infrastructure supporting the Internet and those who create and distribute products and services electronically.

His focus provides him the opportunity to work one-on-one with clients as a partner with their businesses, rather than as a fireman brought in only when legal problems threaten the existence of their business.  Clients receive precise and targeted advice on issues that immediately affect their bottom line.  He works hand-in-hand with managers, technical support and customer service employees to create risk mitigation strategies that address immediate legal risks to their business. He has represented clients in the following areas: licensing, copyright counseling, export and import licensing, telecommunications and bandwidth, partnerships and join ventures and dispute resolution.

Over the past ten years, he represented entities ranging from Fortune 100 companies to start-up businesses.  In addition to his legal practice, David is the co-founder and Public Policy Chair for the Internet Infrastructure Coalition (i2Coalition).

J. Scott received his undergraduate degree from Baylor University and his Juris Doctor cum laude in 1992 from the Louis D. Brandeis School of Law at The University of Louisville. He first served as Corporate Counsel for Fruit of the Loom where he was responsible for managing the international intellectual property portfolios for Fruit of the Loom and its associate companies The B.V.D. Licensing Corporation, Gitano, Pro Player and Salem Sportswear, Inc. In November 1996, Mr. Evans joined Adams Evans P.A. where he continued to concentrate his practice in the areas of trademark, copyright, unfair competition and Internet law. In November 2007, he joined the legal team at Yahoo! Inc., where he served as a Senior Legal Director – Global Brands, Domains & Copyright.  In October 2013, J.Scott joined Adobe Systems as Associate General Counsel responsible for global trademarks, copyright, domains and marketing.

On three separate occasions, Managing Intellectual Property magazine voted J. Scott one of the 50 Most Influential People in IP (2009, 2011, 2013).  J. Scott is also President-Elect of the International Trademark Association, where he serves on the Executive Committee and chairs the Planning Committee.

Jim Dempsey is Executive Director of the Berkeley Center for Law & Technology at the UC Berkeley School of Law, where he teaches a course on cybersecurity law in the LL.M. program.  From 2012 to 2017, Jim also served, after Senate confirmation, as a part-time member of the US Privacy and Civil Liberties Oversight Board, an independent agency within the federal government charged with advising senior policymakers and overseeing the nation’s counterterrorism programs.  From 1997 to 2014, Dempsey was at the Center for Democracy & Technology (CDT), a non-profit public policy organization focused on privacy and other issues affecting the internet. He held a number of leadership position at CDT, including Executive Director (2003 to 2005) and head of CDT West (2005 to 2014). Other experience includes Deputy Director of the non-profit Center for National Security Studies, Assistant Counsel to the House Judiciary Committee’s Subcommittee on Civil and Constitutional Rights, associate at Arnold & Porter, and law clerk to the Hon. Robert Braucher, Massachusetts Supreme Judicial Court. Jim’s publications include “Cybersecurity Information Sharing Governance Structures: An Ecosystem of Diversity, Trust, and Tradeoffs” (with Elaine M. Sedenberg), in Rewired: Cybersecurity Governance (2018); “Bulk Collection: Systematic Government Access to Private-Sector Data” (ed., with Fred H. Cate) (Oxford, 2017); and “The Path to ECPA Reform and the Implications of United States v. Jones,” Univ. of San Francisco L. Rev. (2012). He is a graduate of Yale College and Harvard law School.

Judge A. Howard Matz is Senior Counsel at Bird Marella.  After serving on the bench of the United States District Court for the Central District of California for nearly 15 years, he rejoined the firm he helped launch in 1983, then known as Bird Marella Boxer Wolpert & Matz P.C.  During his 15 years with the firm, he was one of the first attorneys listed in The Best Lawyers in America®.

As Senior Counsel, Judge Matz brings his considerable experience on both sides of the bench to represent clients in areas such as governmental and internal investigations, including matters involving the Foreign Corrupt Practices Act, the representation of lawyers and law firms, and non-patent intellectual property disputes, such as copyrights, trademark and trade secrets.  He serves as an arbitrator, mediator and Special Master.  He shares his rich experience as guidance to the firm’s younger attorneys. Judge Matz also advocates for the judiciary and is committed to significant public service and pro bono projects.

Judge Matz was nominated to the federal bench by President Clinton and received his commission in June 1998. He presided over numerous noteworthy cases and several of his decisions were ultimately adjudicated by the Supreme Court. Judge Matz served on many judicial committees, including the Ninth Circuit Model Jury Instructions Committee. He chaired the District Court’s Pro Bono/Pro Se Committee and under his leadership the Committee established the nation’s first walk-in Pro Se Clinic, which received widespread recognition. Additionally, Judge Matz was the first recipient of the “Vanguard Award” bestowed by the California State Bar for his contributions to intellectual property jurisprudence.


Among Judge Matz’s precedent-setting decisions are the following:

  • Became the first judge in the country to rule on challenges to the detention of alleged terrorists at Guantanamo Bay.
  • Ruled that under CERCLA, various California water districts were entitled to recover costs from a military weapons manufacturer for cleaning up perchlorate-contaminated aquifers.
  • Enjoined real estate magnate and Los Angeles Clippers owner Donald Sterling from using the word “Korean” (as opposed to “Koreantown”) in the names of some of his apartment buildings, finding that such practices violated the Fair Housing Act.
  • Held for the first time that the “sublicensing rule” from copyright and patent law should be extended to the licensing of trademark and related publicity rights. The Ninth Circuit affirmed that ruling by attaching Judge Matz’s decision as an appendix.
  • Issued precedent-setting rulings construing the Digital Millennium Copyright Act in highly publicized cases, including those brought against Google by softcore pornography publisher Perfect 10 and against Veoh by music recording giant Universal Music Group.
    Ruled that the term “foreign official” in the Foreign Corrupt Practices Act encompassed high-ranking executives of state-owned enterprises.
  • Ruled that Dick Clark Productions had the right to produce the Golden Globes award show under its contract with the Hollywood Foreign Press Association.


  • Harvard Law School, Cambridge, Massachusetts, J.D. (1968)
  • Columbia University, New York, New York, A.B. (1965)  cum laude


New York, 1970
California, 1973


  • Member, Federal Judges Association
  • Member, Association of Business Trial Lawyers
  • Member, Federal Bar Association
  • Member, Los Angeles County Bar
  • Member, State Bar of California
  • Member, State Bar of New York


  • Senior District Judge, United States District Court for the Central District of California, 2011-2013
  • District Judge, United States District Court for the Central District of California, 1998-2011
  • Founding Partner, Bird Marella Boxer Wolpert & Matz, Los Angeles, California, 1983-1998
  • Partner, Hughes Hubbard & Reed LLP, Los Angeles, California, 1979-1983
  • Assistant United States Attorney in the U.S. Attorney’s Office for the Central District of California 1974-1979 (Chief of the Special Prosecutions Unit 1977 -1979)
  • Law Clerk to the Hon. Morris E. Lasker, United States District Judge, Southern District of New York, 1969-1970

Kelly Klaus is a litigation partner in the Los Angeles and San Francisco offices of Munger, Tolles & Olson. Mr. Klaus’s practice is focused on copyright and complex commercial litigation. He has represented all of the major motion picture studios and all of the major recorded music companies in some of their highest-profile copyright litigation matters in recent years. The Daily Journal has named him among the 75 leading intellectual property lawyers in California in each of the last five years, and he has been selected for inclusion in Chambers USA.

Most recently, Mr. Klaus represented the four major recorded music companies in their trial against LimeWire and its founder (resulting in a $105 million settlement); the six major motion picture studios in their successful infringement action against the Zediva DVD-streaming service; and the studios in their successful action against RealNetworks for violating the DMCA’s anti-circumvention provisions with its “RealDVD” DVD-copying device.

Mr. Klaus is a member of the Los Angeles Copyright Society and the board of Legal Advisers of the Copyright Alliance. He has taught appellate advocacy at Stanford Law School and has been a member of Stanford Law School’s Board of Visitors. He has also served as a member of the board of governors of the Association of Business Trial Lawyers in Los Angeles and the board of trustees of the Shelburne Museum in Vermont.

Mr. Klaus received his B.A. from UCLA and his J.D. from Stanford Law School. Following law school, and prior to joining Munger Tolles, he was a law clerk to Judge William H. Orrick, Jr., U.S. District Court, Northern District of California; to Judge Pamela Ann Rymer, U.S. Court of Appeals, Ninth Circuit; and to Justice Anthony M. Kennedy, Supreme Court of the United States.

Key Representations

  • Sony Music Entertainment, EMI Group, Warner Music Group and Universal Music Group, in their action against LimeWire and its founder. After obtaining  a permanent injunction against LimeWire, Munger Tolles proceeded to a damages trial in U.S. District Court. Two weeks into trial, the defendants agreed to pay the record companies $105 million.
  • The six motion picture studio members of the Motion Picture Association of America,
    •  in securing an injunction against the operators of Zediva, an unlicensed video-on-demand service that transmits performances of copyrighted motion pictures to Zediva customers through the Internet.
    • in obtaining permanent injunctions against RealNetworks "RealDVD" device for  copying DVDs.
  • Universal Music Group, in claims for secondary copyright liability against Bertelsmann AG and Hummer Winblad Venture Partners arising out of the infringing Napster service.
  • Warner Music Group, in copyright infringement actions against iMeem and SeeqPod.
  • Aftermath Records, in litigation claiming copyright infringement based on the distribution of Eminem downloads through iTunes.
  • Universal Music Corp., in action alleging a knowing material misrepresentation under DMCA Section 512(f).
  • The six motion picture studio members of the Motion Picture Association of America (MPAA), as amicus curiae in cases in the Supreme Court, the 2nd and 9th Circuits, and District Courts, including as amicus in the Viacom v. YouTube case in the 2nd Circuit.
  • Electronic Arts, in ongoing copyright litigation against Zynga in which EA alleges that Zynga's online social game "The Ville" infringes EA's copyrighted game "Sims Social."
  • Playdom (part of the Disney Interactive Media Group) and Vostu (world’s largest maker of online social games in Portuguese) in copyright litigation against Zynga.
  • Green Hills Software, in successfully defending a five-month arbitration that questioned whether application program interfaces for computer programs are copyrightable subject matter.

Practice Areas

  • Litigation
  • Copyright


Media and Entertainment


  • UCLA  (B.A., 1989)
  • Stanford University (J.D., 1992) Order of the Coif, Stanford Law Review 1990-1992


  • Judge William H. Orrick, Jr., U.S. District Court, Northern District of California, 1992-1993
  • Judge Pamela Ann Rymer, U.S. Court of Appeals, Ninth Circuit, 1993-1994
  • Justice Anthony M. Kennedy, U.S. Supreme Court

Bar Admissions


Margot E. Kaminski is an assistant professor of law at The Ohio State University Moritz College of Law. Professor Kaminski researches and writes on law and technology. She is a graduate of Harvard University and Yale Law School.

Prior to attending law school, Professor Kaminski worked for a literary agency, then at Creative Commons, and as an editorial assistant and reader at Zoetrope: All-Story magazine. She has also worked as a freelance writer. While at Yale, she co-founded the Media Freedom and Information Access Clinic (MFIA), and worked as a Google Policy Fellow at the Electronic Frontier Foundation. She was a law clerk to the Honorable Andrew J. Kleinfeld of the Ninth Circuit Court of Appeals in Fairbanks, Alaska.

From 2011 to 2014, Professor Kaminski served as the executive director of the Information Society Project at Yale Law School, an intellectual center addressing the implications of new information technologies for law and society. She remains an affiliated fellow of the Yale ISP.

Professor Kaminski's research and policy work focuses on media freedom, online civil liberties, international intellectual property law, legal issues raised by AI and robotics, and surveillance. She has written on law and technology for the popular press, and appeared on NPR's On the Media and other radio shows and podcasts. Her article "The Capture of International Intellectual Property Law Through the U.S. Trade Regime" was published in the Southern California Law Review; and her essay on domestic drone use, "Drone Federalism: Civilian Drones and the Things They Carry" was published in the California Law Review Circuit.

Michal Rosenn is Deputy General Counsel at Kickstarter, the leading funding platform for creative projects. She has served in that role since October 2012, advising the start-up on intellectual property, contractual, employment, corporate governance, and regulatory matters, among others.

Prior to joining Kickstarter, Ms. Rosenn was a litigation associate at the law firm of Paul, Weiss, Rifkind, Wharton & Garrison in New York.

Ms. Rosenn earned her Bachelor of Arts in English and Psychology at New York University, and her Juris Doctor degree from Harvard Law School.

Primary Areas of Practice: Internet Law, Trademarks, Copyright, Freedom of Speech, Privacy, Litigation Management

Law School/Graduate School: UC Hastings

Work History: Michelle has been at the Wikimedia Foundation, the nonprofit that runs Wikipedia, since 2008 and as in-house counsel since 2010. She manages domestic and international litigation for the Foundation, most of which deal with online defamation and freedom of speech concerns. She has also managed online content issues, including policy, privacy, and intellectual property.

Professional Memberships: Admitted into the CA and NY bars; member of the Association of Corporate Counsel.

Primary Areas of Practice: Privacy, Intellectual Property

Law School/Graduate School: Columbia Law

Work History:

Senior Product Counsel, Twitter (2014-present)

Senior Staff Attorney, Electronic Frontier Foundation (2004- 2014)

Privacy Fellow, First Amendment Project (2003-2004) Associate, Morrison & Foerster (2000-2002)

Kerry O’Brien is the Assistant Regional Director of the Federal Trade Commission’s Western Region. 

As a 28-year veteran at the FTC, Kerry has participated in a wide variety of Commission matters, many involving national and mobile advertising, deceptive privacy/data security policies, investment fraud, and illegal financial practices. 

Assuming her role as Assistant Regional Director in 2014, she supervises the Western Region’s consumer protection casework and regularly speaks on a wide variety of consumer protection topics. 

Kerry is a graduate of UC Davis School of Law and Vassar College.

Jedediah Wakefield focuses his practice on intellectual property litigation, with an emphasis on trademark, copyright, trade secret and right of publicity matters, as well as licensing, technology transfers, and other complex commercial disputes. Jed also represents technology companies in advertising, privacy, unfair competition and other consumer related issues, and he has successfully defended his clients in state and federal class action lawsuits. 

Jed has litigated cases across the country. He has served as trial counsel in state and federal courts, and has extensive experience in mediation and arbitration. Jed has been named an IP Star by Managing Intellectual Property and as among the top trademark lawyers in California by World Trademark Review 1000. He has also been named as one of the top 100 attorneys in Northern California by Super Lawyers.

Jed received his B.A. in English in 1992 with highest honors from the University of California, Santa Barbara, where he was elected Phi Beta Kappa. He received his J.D. cum laude from Santa Clara University in 1995. In law school, Jed served as a Judicial Extern to the Honorable Judge James Ware, in the United States District Court for the Northern District of California.


Intellectual Property Litigation
Class Action Defense
Complex Commercial Litigation

Representative Clients:

Groupon, Inc.
Intel Corporation
Symantec Corporation
Twitter, Inc.

Laura Covington has over two decades' experience as a leader and expert on cutting-edge legal, public policy and regulatory issues facing technology and media companies. She was the first intellectual property lawyer at Yahoo.  In addition to building the company’s IP team, she also served in public policy and government relations, and most recently was General Counsel for Yahoo EMEA (Europe/Middle East/Africa).  Her expertise spans all of IP, with particular emphasis on trademark, copyright, and patent litigation and reform, as well as online content regulation, advertising, intermediary liability, ICANN, internet governance,  and international trade. Laura has also managed complex privacy, data protection and cybersecurity issues, especially in Europe.

Laurent Crenshaw is the Head of Policy for Patreon. He is leading the company’s policy development, strategy, planning, and advocacy globally in the Content, Payments, Benefits, Merchandise, Community, and Public categories. Before joining Patreon, Laurent served in senior public policy roles at Eaze and Yelp. Prior to shifting to the private sector, Laurent worked in the House of Representatives for over 11 years focusing on technology policy issues, particularly in the areas of intellectual property, telecommunications, and internet law.

Stacey Wexler is a Legal Director at Google Inc. in Mountain View, CA.  She manages a team of litigators handling matters including consumer class actions, trademark and copyright litigation, defamation claims, and commercial disputes.  She also manages the employment, eDiscovery, and litigation paralegal teams.  Prior to joining Google, Stacey was a partner at Keker & Van Nest in San Francisco.  She graduated from the University of Michigan and Boalt Hall School of Law, and clerked for the Honorable D. Lowell Jensen of the Northern District of California and the Honorable Melvin Brunetti of the Ninth Circuit Court of Appeals.

Tom Rubin will be a Lecturer at Harvard Law School in Spring 2016 and was a Lecturer at Stanford Law School in Spring 2015.  He advises a variety of startups and established companies. Tom was Chief Intellectual Property Strategy Counsel at Microsoft for many years, having spent 15 years at the company spearheading complex product development, litigation, licensing, marketing, enforcement and global policy strategies related to intellectual property across Microsoft’s business divisions, including Windows, Office, Azure, Xbox, Bing and MSN.

Tom has testified before the U.S. Senate Judiciary Committee and addressed governments and international forums in China, Russia, Korea, Japan, France, the United Kingdom, the EU and elsewhere. In addition to teaching seminars at Stanford, Harvard and Yale, he lectures frequently on legal, policy and business issues related to content, innovation and the Internet.

Prior to Microsoft, Tom was an Assistant U.S. Attorney in the Southern District of New York, where he was one of the country’s first computer crimes prosecutors. In private practice at Debevoise & Plimpton, he represented companies such as Sony, Infinity Broadcasting and Time Inc. on matters related to new technologies and media law. Before attending law school, he worked in the newsroom of The New York Times and was a stringer for the Associated Press.

Tom received his B.A. from Yale University and his J.D. from Stanford Law School. He has received the U.S. Department of Justice’s Director’s Award for Superior Performance as an Assistant U.S. Attorney and the Los Angeles County Bar Association’s Corporate ADR Award for a groundbreaking initiative between the technology and content industries.

Tom currently serves on the Board of Directors of Creative Commons, the Steering Committee of the Reporters Committee for Freedom of the Press, the Board of Visitors at Stanford Law School, and the Board of Advisors of CCH’s Guide to Computer Law. He is also a fellow at Stanford’s Center for Internet and Society and was a member of the Intellectual Property Commission of the MIT Media Lab.