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TechLaw Institute 2016: The Digital Evolution


Speaker(s): Alison Pepper, Andrew Ellsworth, Andrew N. Siegel, Eric Fleisig-Greene, Eric Goldman, Esra A. Hudson, Farschad Farzan, James G. Snell, John C. Yates, Joseph V. DeMarco, Justin Erlich, Laura D. Berger, Lucian T. Pera, Marc S. Roth, Martin J. Collins, Matthew Kesner, Pamela A. Bresnahan, Ron Dolin, Ross Weiner, Scott Maples, Stu Eaton, Timothy Nagle, Tristan Ostrowski, Tsan Abrahamson, Winston Krone
Recorded on: Mar. 10, 2016
PLI Program #: 149280

Law School/Graduate School:

University of San Diego School of Law, J.D., 1985

 

Work History: Mendes & Mount: Associate Attorney

                          Lane Powell Spears Lubersky: Partner

                          Fenwick & West LLP: CIO

 

Professional Memberships: International Legal Technology Association (ILTA)

 

Matt Kesner is the Chief Technology Officer at Fenwick & West LLP, a Silicon Valley law firm representing high-tech companies. Matt has held the position of CIO, at Fenwick for the past sixteen years. He is in charge of the firm's IT, Knowledge Management, Risk, Library and Records organizations. Matt is a frequent speaker at national and international events on the topics of technology and the law, cyber security, and regulatory obligations. Prior to joining Fenwick Matt was a database programmer, a LAN architect, and a partner in a major West Coast law firm.


Alison Pepper
Interactive Advertising Bureau

Alison Pepper is the Assistant General Counsel and Senior Director of Public Policy for the Interactive Advertising Bureau, based out of their San Francisco office.  There she is responsible for a wide spectrum of in-house counsel work, including: contract drafting, contract review, contract negotiation, managing outside counsel, international trademark licensing, data privacy, IP licensing issues, HR issues, media, marketing, etc . Before joining the Interactive Advertising Bureau, she worked as a Legislative Analyst for Experian, where she covered issues ranging from data security to identity theft. She has extensive experience working in state government, including the Georgia Senate and the Georgia Secretary of State’s Office. She holds a B.A. from the University of Georgia and a J.D. from Georgia State University.


Esra Hudson’s practice focuses on all aspects of employment law and related litigation. She represents companies in state and federal court in claims of discrimination, harassment, wrongful discharge and related tort claims, breach of contract, trade secrets, and unfair competition, and all other employment-related matters. Ms. Hudson also defends companies against employment-based class actions. She regularly represents employers in proceedings before state and federal agencies, including the California Department of Fair Employment and Housing, the California Division of Labor Standards Enforcement and the federal Equal Employment Opportunity Commission. Ms. Hudson’s litigation practice also includes extensive experience in alternative dispute resolution, including arbitration and private mediation.

In addition to a litigation practice, Ms. Hudson advises companies on a variety of employment and personnel management issues. She also regularly develops employment manuals and policies, as well as executive employment and severance agreements. Ms. Hudson provides a wide array of management training on a variety of employment-related subjects, including sexual harassment and discrimination prevention.

Ms. Hudson provides services for companies in a variety of industries, including entertainment, financial services, healthcare, transportation, insurance, manufacturing, the service industry and nonprofits.

Education

University of California Los Angeles School of Law, J.D., 1999.
Member and Symposium Editor, UCLA Law Review.
University of Wisconsin-Madison, B.A., with distinction, 1991


Joseph V. DeMarco is a partner at DeVore & DeMarco LLP where he specializes in counseling clients on complex issues involving information privacy and security, theft of intellectual property, computer intrusions, on-line fraud, and the lawful use of new technology. His years of experience in private practice and in government handling the most difficult cybercrime investigations handled by the United States Attorney’s Office have made him one of the nation’s leading experts on Internet crime and the law relating to emerging technologies.

From 1997 to 2007, Mr. DeMarco served an Assistant United States Attorney for the Southern District of New York, where he founded and headed the Computer Hacking and Intellectual Property Program, a group of five prosecutors dedicated to investigating and prosecuting violations of federal cybercrime laws and intellectual property offenses. Under his leadership, cybercrime prosecutions grew from a trickle in 1997 to a top priority of the United States Attorney’s Office, encompassing all forms of criminal activity affecting e-commerce and critical infrastructures including computer hacking crimes; transmission of Internet worms and viruses; electronic theft of trade secrets; illegal use of “spyware”; web-based frauds; unlawful Internet gambling; and criminal copyright and trademark infringement offenses. As a recognized expert in the field, Mr. DeMarco was frequently asked to counsel prosecutors and law enforcement agents regarding novel investigative and surveillance techniques and methodologies, and regularly provided advice to the United States Attorney concerning the Office’s most sensitive computer-related investigations. In 2001, Mr. DeMarco also served as a visiting Trial Attorney at the Department of Justice Computer Crimes and Intellectual Property Section in Washington, D.C., where he focused on Internet privacy, gaming, and theft of intellectual property.

Mr DeMarco is on the panel of approved neutrals of the American Arbitration Association (AAA) where he focuses on resolving disputes between businesses involving data privacy, high-technology and commercial law issues.  He speaks frequently on the benefits of ADR in the area of data security and privacy litigation.

Since 2002, Mr. DeMarco has served as an Adjunct Professor at Columbia Law School, where he teaches the upper-class Internet and Computer Crimes seminar. He has spoken throughout the world on cybercrime, e-commerce, and IP enforcement. He has lectured on the subject of cybercrime at Harvard Law School, the Practicing Law Institute, the National Advocacy Center, and at the FBI Academy in Quantico, Virginia, and has served as an instructor on cybercrime to judges attending the New York State Judicial Institute.

Prior to joining the United States Attorney’s Office, Mr. DeMarco was a litigation associate at Cravath, Swaine & Moore in New York City, where he concentrated on intellectual property, antitrust, and securities law issues for various high-technology clients. Prior to that, Mr. DeMarco served as law clerk to the Honorable J. Daniel Mahoney, United States Circuit Judge for the Second Circuit Court of Appeals.

Mr. DeMarco holds a J.D. magna cum laude from New York University School of Law. At NYU he was a member of the NYU Law Review. He received his B.S.F.S. summa cum laude from the Edmund A. Walsh School of Foreign Service at Georgetown University.  Mr. DeMarco is active in numerous professional associations including the:

  • International Bar Association (Technology and Litigation Sections);
  • International Association of Korean Lawyers (Regional Governor, New York Region);
  • New York State Bar Association, ADR Section;
  • New York State Bar Association, Commercial and Federal Litigation Section (Co-chair, Internet and IP Committee, 2009-present);
  • Connecticut Bar Association;
  • Fairfield County (CT) Bar Association;
  • New Haven County (CT) Bar Association;
  • New York City Bar Association (Co-Chair, Information Technology Law Committee; Past
  • Member, Copyright Committee); and
  • The Copyright Society of the U.S.A.

Mr. DeMarco is a Martindale-Hubbell AV-rated lawyer for Computers and Software, Litigation and Internet Law, and is also listed in Chambers USA: America’s Leading Lawyers for Business guide as a leading lawyer nationwide in Privacy and Data Security. He has also been named as a “SuperLawyer” for his expertise and work in the area of Intellectual Property Litigation. He has published numerous articles and appeared on major news programs in his practice areas; is a member of the Professional Editorial Board of the prestigious Computer Law and Security Review (Elsevier); and serves on the Board of Advisors of the Center for Law and Information Policy at Fordham University School of Law.

Mr. DeMarco has received numerous professional awards, including the U.S. Department of Justice Director’s Award for Superior Performance, as well as the Lawyer of Integrity Award from the Institute for Jewish Humanities. In his spare time he enjoys parenting, golf, and listening to classical piano.


Ron Dolin is a Senior Research Fellow at Harvard Law’s Center on the Legal Profession, working on legal quality metrics. Ron received his B.A. in math and physics from U.C. Berkeley and a Ph.D. in Computer Science from U.C. Santa Barbara. He worked at CERN, the high-energy physics lab in Geneva, and was one of the first 100 employees at Google. He left Google after several years to attend law school and is a licensed attorney in CA. 

Ron is an angel investor, focusing on legal technology startups, and has taught legal technology and informatics at Stanford Law School and Notre Dame Law School. Ron has taught MCLE courses on document automation for the CA Bar, and was on the executive committee of the Bar’s Law Practice Management and Technology section.  He co-founded the Program for Legal Technology and Design with SLS alum Margaret Hagan and has worked on legal innovation at the Stanford Center on the Legal Profession. He is also Adjunct Assistant Professor at Notre Dame Law School.  Ron has been asked to participate on panels and give talks at universities and organizations such as Stanford, COLPM, ILTA, and ACC, on issues related to legal technology and innovation. A selected list of his presentations can be found below.  Ron was selected as one of the 2014 Fastcase 50, and 2014 ALM Recorder’s Innovator Award recipient.


Jim Snell is a partner in the Privacy & Security Group at Perkins Coie.  He represents clients in a broad range of complex commercial matters, including Internet and privacy issues, security issues, IP, false advertising, and class actions.  Jim’s experience includes, among other things, IoT, unmanned vehicles, wiretap and surveillance matters, AI and machine learning, the Communications Decency Act, biometrics, web scraping, data breach, and the Telephone Consumer Protection Act.

Jim is a Certified Information Privacy Professional (CIPP) as designated by the International Association of Privacy Professionals (IAPP).


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.


Marc Roth works with clients to comply with state and federal laws and rules governing privacy, social media, sweepstakes, telemarketing, and advertising. He also counsels clients on transactional matters, and guides them through federal and state government investigations.

Previously chief compliance counsel for a Time Warner company and an FTC staff attorney, Marc draws upon decades of consumer advertising and marketing law experience when counseling clients. He frequently speaks and writes about privacy and telemarketing issues.

Marc drafts and amends online and offline privacy policies, and advises companies on how data may be collected, shared, and used in partner marketing arrangements. He also advises clients on laws governing data use and security. These include the Children’s Online Privacy Protection Act, the Gramm-Leach-Bliley Act, the Fair Credit Reporting Act, the Fair and Accurate Credit Transactions Act, the Video Privacy Protection Act, HIPAA, the CAN-SPAM Act, and the E.U. Data Protection Directive.

In the marketing arena, Marc counsels clients on how to develop and manage telemarketing programs that comply with the Telemarketing Sales Rule, the Telephone Consumer Protection Act, and applicable state laws. He also advises companies on how to develop and manage free trial, negative option, and continuity marketing programs in compliance with all applicable laws, regulations and credit card processing rules.

Additionally, Marc counsels clients preparing to conduct marketing campaigns through online social networks.


Mr. Siegel is General Counsel and Chief Compliance Officer of Galaxy Digital LP, a diversified financial services firm dedicated to the digital currency and blockchain sectors.

Prior to Galaxy Digital, Mr. Siegel served in a variety of legal and compliance roles for Perella Weinberg Partners, a financial services firm providing advisory and asset management services to a global client base.  Prior to joining Perella Weinberg, Mr. Siegel was General Counsel and Chief Compliance Officer of Stanfield Capital Partners LLC, an alternative asset manager based in New York. Prior to joining Stanfield, Mr. Siegel served in the law division of Morgan Stanley, initially advising the Mergers and Acquisitions Department. Ultimately, Mr. Siegel was the senior attorney responsible for advising Morgan Stanley Investment Management’s alternative investment funds, including its private equity funds, venture capital funds, hedge funds and fund of funds. Previously in his career, Mr. Siegel was a corporate attorney at Shearman & Sterling where he focused on public and private mergers and acquisitions, private equity transactions and join ventures.

Mr. Siegel is admitted to the Bar of the State of New York and has been designated a Certified Regulatory and Compliance Professional by FINRA.

Mr. Siegel received a Bachelor of Arts in Political Science, magna cum laude, from Tufts University and a Juris Doctor, summa cum laude, from Washington College of Law at American University where he was an editor of The American University Law Review.


Mr. Yates is chair of the Corporate Technology Group of Morris, Manning & Martin in Atlanta. He is internationally recognized in the technology law and corporate finance fields. His firm represents technology companies in all stages of growth and is a leader in VC and private equity deals, IPOs and M&A transactions. Mr. Yates is co-founder of the Technology Association of Georgia, Southeastern Software Association, and Southeast Medical Device Association.  He has authored hundreds of articles and was cited by the U.S. Supreme Court in Kodak vs. Image Technical Services.

He received his B.A. and J.D. from Duke University and serves on the Board of Visitors at the Duke School of Law and Board of Trustees of Furman University.  Mr. Yates was chair of the 2013 NCAA Final Four Basketball Tournament in Atlanta in April 2013.


Scott is the former Vice President, General Counsel and Corporate Secretary of Ruckus Wireless, an innovative provider of Wi-Fi related equipment, software and services. At Ruckus, Scott built the legal department from the ground up, led Ruckus’s IPO, and then managed all aspects of Ruckus’s legal affairs as it scaled globally prior to its recent sale to Brocade Communications.

Prior to joining Ruckus, Scott was an AGC at Microsoft’s Silicon Valley Campus where he lead teams supporting a number of incubating and growth technology businesses serving the internet, communications, consumer electronics and entertainment industries.  Previously, Scott was VP, Business and Legal Affairs, for Virgin Interactive Entertainment, a videogame company within the Viacom family of companies. Scott began his legal career as a corporate and intellectual property associate at Stradling, Yocca, Carlson and Rauth, and was once an engineer for Hughes Aircraft Company where he developed software and managed a number of classified computer operations at Hughes’ headquarters in Culver City, California and in Hahn, Germany.

Scott received a bachelor’s degree in Computer Science, with Highest Honors, from UC Santa Barbara where he was a Regents Scholar and member of the Letters and Science Honors Council.  Scott received his J.D. from Boalt Hall School of Law at the University of California, Berkeley where he was Managing Editor of what is now the Berkeley Technology Law Journal and was Editor-in-Chief of the Boalt Hall Cross-Examiner.

Scott is also the president of the Board of Directors of the Law Foundation of Silicon Valley.


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.


Lucian T. Pera is a partner with the Memphis, Tennessee, office of Adams and Reese LLP. His practice includes civil trial work, including commercial litigation and media law, and he counsels and represents lawyers, law firms, and others on questions of legal ethics and the professional responsibility of lawyers. A Memphis native, he is an honors graduate of Princeton University and Vanderbilt University School of Law. He served for five years on the ABA “Ethics 2000” Commission, which rewrote the ABA Model Rules of Professional Conduct. From 1995 through 2009, he led the Tennessee Bar Association Standing Committee on Ethics and Professional Responsibility. Under his leadership, the committee developed and successfully proposed to the Tennessee Supreme Court new legal ethics rules for Tennessee based on the ABA Model Rules of Professional Conduct. He has chaired the editorial board of the ABA/BNA Lawyers’ Manual on Professional Conduct, has served as president of the Association of Professional Responsibility Lawyers, and serves as a member of the Advisory Board for the Miller-Becker Institute for Professional Responsibility of the University of Akron. Among his numerous publications, he co-authored the legal ethics chapter on both editions of the ABA Cybersecurity Handbook (2nd ed. 2017).He is also the immediate past Treasurer of the American Bar Association, a former member of its Board of Governors and Executive Committee, and has served in the House of Delegates since 1990. He also serves as President of the Tennessee Bar Association.


Eric Goldman is a Professor of Law, and Co-Director of the High Tech Law Institute, at Santa Clara University School of Law. Before he became a full-time academic in 2002, he practiced Internet law for 8 years in the Silicon Valley. His research and teaching focuses on Internet, IP and advertising law topics, and he blogs on these topics at the Technology & Marketing Law Blog [http://blog.ericgoldman.org]. Managing IP magazine has twice named him to a shortlist of North American “IP Thought Leaders,” and he has been named an “IP Vanguard” by the California State Bar’s IP Section.


Justin Erlich serves as Special Assistant Attorney General to California Attorney General Kamala D. Harris. He is the Attorney General’s principal policy advisor on technology, data, and the environment. He oversees the Department of Justice’s involvement in issues such as privacy, the sharing economy, cybercrime, cybersecurity, clean tech and open data/big data. Justin is driving the development of multiple initiatives in the Office including OpenJustice (openjustice.doj.ca.gov), digital forensics laboratories, and citizen engagement/digital strategy. Before coming to the Attorney General’s Office, Justin was a Senior Engagement Manager at McKinsey & Company, a strategic management consulting firm. At McKinsey, he was a part of the State and Local practice working with government agencies on designing and implementing long-term technological, environmental, and economic development plans. He has functional expertise in strategy, sustainability and risk. Justin took a leave from McKinsey to serve as the Deputy Policy Director of the Attorney General Harris’s Transition Team. He clerked for the Hon. Rosemary Barkett on the United States Court of Appeals for the Eleventh Circuit. He earned    his J.D. from the New York University School of Law and his A.B. from Harvard College.


Martin Collins has served as General Counsel since April 2014 and as head of Compliance and Corporate Development since October 2014.

Prior to joining QuinStreet, Mr. Collins served as vice president of corporate development at Bloom Energy, a distributed energy provider, where he was in charge of all corporate development and legal matters. Prior to that, Mr. Collins was the general counsel and head of internal audit at Novellus Systems. He was also previously in charge of M&A and corporate and securities matters for Oracle Corporation’s legal department.

Mr. Collins received his law degree from Georgetown and holds a B.A from Williams College.


Tristan Ostrowski manages the Core Platforms legal team at Google, covering Android and Chrome OS.  Tristan is also Senior Product Counsel for Android, and reviews launches and works with business and product teams on legal and regulatory issues related to the Android platform, mobile apps, and location services.  He served as lead counsel on the past six major launches of the Android platform, and on the launches of Google Now, Google Play, and other Google mobile apps and services. In his roles, Tristan commonly deals with IP, privacy, security, competition, and consumer-protection issues. Prior to Google, Tristan was an attorney at Cleary Gottlieb, where his practice focused on IP and privacy issues for technology clients.


Winston Krone, Esq. is the Managing Director of Kivu, a nationwide technology firm specializing in the forensic response to data breaches and proactive privacy and IT security compliance.   Winston has handled the technical response and remediation on numerous privacy incidents, data breaches, and computer network intrusions in a wide range of sectors including education, healthcare, professional services, and financial institutions.  He has frequently testified as a cyber expert before US regulators, in post-breach litigation, and in state and Federal courts regarding computer forensic issues.  Winston is also an English solicitor and California attorney, experienced in privacy and cyber issues.  He has represented clients at both civil and criminal cases in California state courts, the English High Court, the European Court of Justice, and the European Court of Human Rights.  Winston received his law degree from Oxford University, UK.


Pam is a partner in the Vorys Washington, D.C. office and is the Chair of the litigation practice group in that office. She serves as trial and appellate counsel in business and commercial litigation matters, with an emphasis on professional liability, errors and omissions and coverage litigation.  She represents lawyers, financial institutions, broker/dealers, financial professionals, directors and officers, technology professionals, fiduciaries, insurers and other professionals. Pam serves as coverage and litigation counsel for insurers issuing errors and omissions policies. She represents businesses and individuals in securities, technology, intellectual property and other corporate litigation. She advises law firms and lawyers on management, ethics and risk prevention issues.  Pam is a Fellow of the American College of Trial Lawyers and has been named in Best Lawyers in America in the areas of professional liability, professional responsibility, commercial litigation and bet-the-company litigation.  Pam is a member of the ABA Board of Governors.  She is admitted to practice in Maryland, the District of Columbia, New York, California and Illinois.


Stu’s practice focuses on Data Privacy, Consumer Protection and eCommerce issues in the consumer software and hardware marketplace.  He has more  than ten years’ experience counseling product teams and C-suite executives on global data privacy and security matters and developing company-wide compliance programs.  In his current role as the Head of Privacy and Cybersecurity at SolarCity, he’s particularly  focused on building the necessary privacy and security infrastructure to support SolarCity’s Smart Energy Home products.  Prior  to joining SolarCity, Stu was lead privacy and product counsel for EA’s mobile business and served as subject matter expert for consumer protection issues, advising executives on high risk issues related to marketing and advertising, promotions, consumer class actions and government investigations.