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Social Media 2016: Addressing Corporate Risks


Speaker(s): Anthony Falzone, Chris Handman, Christine E. Lyon, D. Reed Freeman, Jr., Gabriel T. Martinez, Joanne McNabb, John F. Delaney, Kathy L. Ossian, Laura D. Berger, Merri A. Baldwin, Susan Cooper, Thomas M. Selman, Tsan Abrahamson, Yasmin Zarabi
Recorded on: Feb. 9, 2016
PLI Program #: 149273

Merri Baldwin is a shareholder at Rogers Joseph O’Donnell in San Francisco, where her practice focuses on attorney liability and commercial litigation. She handles claims of legal malpractice and breach of fiduciary duty, as well as motions to disqualify and for sanctions. She regularly counsels lawyers and law firms on legal ethics and law practice management issues. She represents attorneys in disciplinary matters before the State Bar of California, and has extensive experience handling attorney-client fee disputes. Ms. Baldwin is a past chair of the State Bar of California Committee on Professional Responsibility and Conduct. She is a co-chair of the Legal Malpractice subcommittee for the American Bar Association Litigation Section Committee on Professional Services Litigation. Ms. Baldwin served as the President of the Bar Association of San Francisco for 2017. Ms. Baldwin frequently lectures to attorneys and professional organizations on issues related to litigation, legal malpractice and ethics issues, and she is a lecturer at the University of California at Berkeley School of Law, where she teaches professional responsibility. Ms. Baldwin co-edited The Law of Lawyers’ Liability (ABA/First Chair Press 2012) and has served as a consulting editor for the Attorney Fee Agreement Forms Manual, published by Continuing Education of the Bar, California. Prior to law school, Ms. Baldwin was a Fulbright Scholar at the London School of Economics.

Education

J.D., University of California at Berkeley,
School of Law (Boalt Hall)

B.A., Smith College
Magna Cum Laude with high honors


Chris serves as Snapchat’s General Counsel. Before he came to Snapchat, Chris was a partner at Hogan Lovells in Washington, D.C., where he practiced appellate litigation before the U.S. Supreme Court, the federal circuit courts, and six State supreme courts. During his time in private practice, Chris argued nearly 50 appeals, covering a wide range of issues that reflected an aggressively generalist practice. In December 2013, shortly before he moved to Snapchat, Chris was named the American Lawyer's Litigator of the Week for securing a landmark press-freedom ruling from New York's highest court.

Chris received his law degree from Yale Law School, where he was an editor of the Yale Law Journal and the editor in chief of the Yale Journal of International Law. He went on to clerk for Judge Patricia M. Wald of the U.S. Court of Appeals for the D.C. Circuit and Judge Colleen Kollar-Kotelly of the U.S. District Court of the District of Columbia. And his first three years as an appellate litigator were spent working with now-Chief Justice John Roberts, who then headed up Hogan's appellate practice.


Christine Lyon advises organizations on cutting-edge issues related to the collection, use, sharing, and safeguarding of data, including personal information of customers and employees. She serves as a trusted advisor, working with clients to develop global strategies to comply with U.S. and international privacy and data protection laws.

Christine’s practice spans a variety of industry sectors, from information technology services to consumer products, and covers clients ranging from start-ups to large multinationals. She advises technology companies on building privacy protections into their offerings, including connected products and services (Internet of Things), cloud-based and mobile services, and social media initiatives, as well as on managing the related “Big Data” implications. She also assists clients in evaluating and managing privacy risks, including in strategic transactions such as IT outsourcing, and mergers and acquisitions.

Legal 500 US recognized Ms. Lyon as a “rising star” in the area of privacy and data protection and recommended her for cyber law, and she received The Burton Award for Distinguished Legal Writing. She frequently writes and speaks on the topics of global data protection laws, workplace privacy issues, and data security laws. She is a co-editor of Global Employee Privacy and Data Security Law (BNA Books) and a member of the editorial board of the World Data Protection Report.


D. Reed Freeman, Jr. is a leading authority on privacy, cybersecurity, and online, mobile, and social media advertising and privacy law. Mr. Freeman serves as co-chair of the firm's Cybersecurity, Privacy and Communications Practice. 

Mr. Freeman has extensive experience defending clients in FTC and state consumer protection investigations and data breach responses. He also counsels clients on compliance with FTC and state trade regulation issues and advertising and privacy laws and self-regulatory codes. His clients include retailers, hospitality companies; financial institutions; software companies; hardware manufacturers; online, mobile, and social media publishers and advertisers; online, mobile, and social media application developers; data aggregators; advertising technology companies, advertising trade associations, industry coalitions, and seal providers; and social media-based advertising service companies. He also represents clients in false advertising disputes before the National Advertising Division of the Council of Better Business Bureaus, Inc. and the National Advertising Review Board.

Mr. Freeman joined the firm following 16 years in private practice, where he handled a wide range of privacy, data security and advertising matters, counseled companies on FTC compliance, and served as lead counsel in numerous FTC and state consumer protection investigations and negotiations. Before joining private practice, Mr. Freeman worked in the FTC's Bureau of Consumer Protection as a staff attorney, and as chief privacy officer and vice president for legislative and regulatory affairs for Claria Corporation, an online advertising software company. 

Mr. Freeman has been called a Regulatory & Compliance Trailblazer by The National Law Journal, and is consistently recognized by Chambers & Partners (Band 1), Legal 500, Best Lawyers in America, Washington DC Super Lawyers  and Washingtonian magazine. He is a member of the International Association of Privacy Professionals' Training Advisory Board and the Board of Editors for the new Cybersecurity Law & Strategy.

Mr. Freeman is a member of the International Association of Privacy Professionals' Training Advisory Board and is on the Board of Editors for the new Cybersecurity Law & Strategy. He is the co-author of CCH's Advertising Law Guide and Privacy Law for Marketers, and previously served as an adjunct professor of privacy and advertising law at George Mason School of Law. He is a fellow of the Ponemon Institute, an organization dedicated to independent research that advances responsible information, privacy and security management practices in business and government. He previously served as a member of the Department of Homeland Security's Data Privacy and Integrity Advisory Committee.

Practice Area

Regulatory and Government Affairs

Cybersecurity, Privacy and Communications

Data Security and Cybersecurity

Education

JD, University of Virginia School of Law, 1993

BA, History, University of Richmond, 1990

Bar Admissions

District of Columbia

Virginia

Clerkships

The Hon. Claude M. Hilton, US District Court for the Eastern District of Virginia, 1993 - 1994


Primary Areas of Practice: Advertising and Privacy

 

Law School/Graduate School: The Catholic University of America,   Columbus School of Law

 

Work History: Senior Legal Director - Yahoo! Inc.

 

Staff Attorney working both in Division of Privacy and Identity Protection and the Office of International Affairs - Federal Trade Commission

 

Legal Consultant in privacy, copyright, and telecommunications - Mintz Levin Cohn Ferris Glovsky and Popeo PC


Thomas M. Selman is Executive Vice President, Regulatory Policy, and Legal Compliance Officer of FINRA.  He oversees the departments of Corporate Financing, Advertising Regulation, Regulatory Policy, the Legal Compliance Office, and the Office of Emerging Regulatory Issues. Tom joined the organization in 1996.

Mr. Selman also holds the Chartered Financial Analyst ® designation.

From 1992 to 1996, Mr. Selman was Associate Counsel at the Investment Company Institute, a trade association for the mutual fund industry. Prior to that time, he served as Special Counsel in the Office of General Counsel at the United States Securities and Exchange Commission, a position he held beginning in 1987. Tom was an Attorney-Advisor to the European Union in Brussels, Belgium, from 1986 to 1987. In addition to his career accomplishments, Mr. Selman has authored articles that were published in Investment Lawyer, The International Lawyer and Insights.

Mr. Selman received bachelor's degrees in economics and history from Rice University, and a Doctor of Jurisprudence degree from The University of Texas School of Law, where he was Associate Editor of the Texas Law Review.


Gabe joined The Clorox Company in September 2010.  He is responsible for counseling the business on all advertising, marketing and promotions issues for the company’s brands.  In particular, Gabe works closely with brand managers, R&D and PR to develop new advertising claims, partnerships with charities, marketing campaigns, social media executions and branded entertainment.  He also manages competitive advertising challenges before NAD and false advertising litigation. 

Prior to joining Clorox, Gabe was a member of the advertising groups at Manatt, Phelps & Phillips and Loeb & Loeb in New York.  He attended Columbia University for college and law school.  Gabe currently lives in San Francisco’s fabulous Castro district where he enjoys oil painting, yoga and bourbon.

Headquartered in Oakland, CA, The Clorox Company is a leading manufacturer and marketer of some of the most trusted and recognized brand names, including its namesake bleach and cleaning products, Green Works® home care products, Pine-Sol® cleaners, Fresh Step® cat litter, Kingsford® charcoal, Hidden Valley® and K C Masterpiece® dressings and sauces, Brita® water-filtration products, Glad® bags and wraps and containers, and Burt’s Bees® natural personal care products.


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.


Laura D. Berger is an attorney in the Division of Privacy and Identity Protection at the Federal Trade Commission. She enforces federal laws that protect consumer privacy. Recently, her law enforcement work has focused on the privacy and security standards applicable to social media and to the Internet of Things. She also has worked on the agency's efforts to educate app developers about privacy, including the recent guide “Marketing Your Mobile App: Get it Right from the Start.” In addition, she was author of the Commission's Safeguards Rule. She received a B.A. from Tulane University and a J.D. from the University of Michigan Law School. She works from the FTC's Regional Office in San Francisco.


McNabb is the Director of Privacy Education and Policy in the Privacy Enforcement and Protection Unit of the California Attorney General’s Office. In that role, she is responsible for developing resources for consumers on a wide range of privacy topics and for businesses on their privacy obligations and best practices.  Her responsibilities also include analyzing and reporting on the data breaches submitted to the Attorney General’s Office, speaking at privacy seminars and workshops, analyzing privacy legislation, and advising the Attorney General on privacy issues.

McNabb is a Certified Information Privacy Professional, with specializations in Government and Information Technology. She serves on the Privacy Advisory Committee to the U.S. Department of Homeland Security and the ANSI Consumer Interest Forum, and is a Fellow of the Ponemon Institute, a research center on privacy, data protection and information security policy. From 2001 until 2012, McNabb directed the California Office of Privacy Protection, a resource and advocate on privacy issues. Before that she worked in public affairs and marketing, in both the public and private sectors.  She attended Occidental College and holds a master’s degree in Medieval Literature from the University of California, Davis.


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.


Experience:
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

Education:
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


Tony Falzone is Deputy General Counsel at Pinterest, where he focuses on intellectual property, litigation, data privacy, product counseling and a whole lot more. Prior to joining Pinterest, Tony taught at Stanford Law School and ran the Fair Use Project at Stanford's Center for Internet & Society. He was also a litigation partner at Bingham McCutchen LLP. During his career as a litigator, Tony has handled many notable IP cases. Among other things, he represented conductor Lawrence Golan in his challenge to Congress's constitutional power to remove works from the public domain, which he argued before the Supreme Court of the United States.


Yasmin Zarabi is Vice President of Legal and Compliance at Hearsay Social. Yasmin is responsible for the company’s legal affairs including, commercial, compliance, regulatory and privacy matters. Before joining Hearsay Social, Yasmin served as Senior Corporate Counsel at TIBCO Software where she was responsible for negotiating licensing transactions, providing advice on data privacy and implementing data privacy compliance for the company’s SaaS business. Prior to TIBCO, she served in a variety of roles including General Counsel and Associate General Counsel for companies such as Gracenote, a division of Sony and Versata, now Trilogy Software. Yasmin has earned a JD from Golden Gate University and BA from University of California, Berkeley.



Hearsay Social provides the Predictive Social Suite for financial advisors and insurance agents across the world’s largest financial institutions, including seven of the top 10 global financial services companies and leading firms such as New York Life, Raymond James, Vanguard and Penn Mutual. Hearsay Social powers more than 115,000 financial relationship managers worldwide, allowing them to engage today’s social, mobile customer through Facebook, LinkedIn, Twitter, Google+ and mobile-first websites. Advisors receive unique client insights through multi-channel signals, and the predictive Content Library makes it easy to share the right content at the right time. Built-in enterprise integration and governance powers compliance and supervision for global firms, seamlessly addressing industry regulations and enforcing policy.