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Tracking and Targeting Customers and Prospects Online, on Mobile Devices, and in Social Media 2016


Speaker(s): Alan Chapell, Alice Lincoln , Andy Dale, Colin O’Malley, D. Reed Freeman, Jr., J. Jurgen Van Staden, James Halpert, Mark A. Partin, Megan Cox , Noah A. Levine, Noga Rosenthal, Rachel Glasser, CIPP/US, Vivek Narayanadas
Recorded on: Oct. 20, 2016
PLI Program #: 149315

Alice Lincoln, CIPP/US, is Vice President of Data Policy & Governance at MediaMath, where she is responsible for defining strategic policies around data, privacy, and security. Alice’s team is charged with advising all internal teams on the development of products and business partnerships in compliance with global data protection laws and industry self-regulation. Responsible for MediaMath’s large global footprint, she has strong connections to self-regulatory groups around the world and a keen understanding of the challenges companies face when operating under a myriad of differing local codes. She works to establish internal procedures and ensures that data standards are communicated and adhered to. She is also responsible for cultivating MediaMath’s thought leadership in these areas and representing MediaMath on relevant committees and councils.

Alice has 15 years’ experience in digital marketing, data product development, and the protection of consumer privacy. In her career, Alice has led web development for a major international humanitarian relief charity and run a marketing and fundraising technology company serving national nonprofits and multiple presidential campaigns. A chemist in a former life, Alice holds a BS from UNC-Chapel Hill and an MS from Stanford University.


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


Jim Halpert heads the U.S. Privacy & Security practice of DLA Piper US LLP and co-Chairs the firm’s global Data Protection, Privacy & Security practice.  He advises Boards of Directors, GCs’ offices and risk officers on cyber security risk management strategies, including crisis management, incident response programs, governance, cyber security risk reviews and vendor and supply chain risk management.  He has personally counselled clients regarding responses to more than 300 data security breaches since 2005, and advised dozens of clients on global privacy and security requirements. He helped to draft the NACD Cyber Risk Handbook for Corporate Directors that has been endorsed by the Department of Homeland Security and posted on the Department’s website. He also represents clients in FTC, State AG and State major security and privacy cases in the federal courts and before the Federal Trade Commission.

Mr. Halpert represents companies on a broad range of data management issues, including cyber and data security, cloud agreements, managing privacy class action risks, trans-national data flows, navigating difficult conflicts between foreign privacy laws and US compliance obligations, regulation of advertising and marketing practices, health care and financial privacy, children’s and student privacy,  privacy regulation of communications media, employee data, due diligence in sales of corporate assets, records management, and responses to government surveillance requests.  He has extensive experience with European, Asian and Latin American privacy and security regimes, and regularly leads teams across DLA Piper’s global network advising on complex international security and privacy matters. 

Representing a coalition of Fortune 500 companies, Mr. Halpert has helped to draft almost all the hundred US state data security, security breach notification laws, as well as the privacy considerations section in the NIST Cyber security Framework.  Mr. Halpert is also one of the few lawyer contributors to the National Association of Corporate Directors Cyber security Handbook for corporate directors. 

He has also helped to draft many of the United States’ Internet and privacy laws, including the Children’s Online Privacy Protection Act, CAN-SPAM Act of 2003, the USA Patriot Act of 2001, the Digital Millennium Copyright Act, and Communications Decency Act, as well as the privacy provisions of the Obama Administration Cyber security Framework. 

Mr. Halpert has been named by both Chambers & Partners and Legal 500 as one of the leading data protection lawyers in the US  Chambers writes that he is “outstanding–his knowledge of the legal and political landscape is second to none,” and that  his "robust, international practice attracts strong praise from the market.” Mr. Halpert has been named as a Cybersecurity Trailblazer by the National Law Journal.   Legal 500 writes that he is "renowned for his 'excellent judgment and awareness of the pressures a modern business faces,'" and "for being 'pro-active and impressively hands-on for such a well-respected lawyer.'" 

Mr. Halpert is a frequent speaker on international and US and cybersecurity privacy developments for the International Association of Privacy Professionals and is on the Board of the Georgetown Cybersecurity Law Institute.

He served as the legal advisor for a report of l’Autorita per la Garanzie nelle Communicatione (the Italian Communications Regulator) to the Italian Parliament regarding revisions to Italy’s Internet laws. 

Education:  Harvard Law School (J.D., cum laude 1989); Ecole des Hautes Etudes en Sciences Sociales (D.E.A., 1986); Yale College (B.A., magna cum laude 1985).  Member, District of Columbia bar.  Fluent in French.


As NCC Media’s Chief Privacy Officer and General Counsel, Noga Rosenthal is responsible for guiding the company's privacy and legal initiatives; she holds deep expertise in the development and implementation of comprehensive privacy programs. 

Noga previously served as Chief Privacy Officer at Epsilon where she led the company’s worldwide privacy, compliance and regulatory activities. Prior to Epsilon, she served as General Counsel and Vice President for Compliance and Policy for the Network Advertising Initiative (NAI), running its compliance program and ensuring that member companies delivered on the promise of self-regulation for interest-based advertising. Furthermore, she also led global legal affairs for WPP’s Xaxis, a pioneering programmatic digital media business, as SVP and General Counsel. 

Noga is a member of the Women Leading Privacy Advisory Board of the International Association of Privacy Professional (IAPP) and the IAB Federal Privacy Working Group. She has also served on the IAPP’s Education Advisory Board and was an active member of the UK Data Protection Network, providing guidance on the General Data Protection Regulation. Noga also sat on the Advisory Board of the Digital Advertising Alliance, the Data Standards Committee of the Data and Marketing Association, the Legal Affairs Council and the Public Policy Council of the Interactive Advertising Bureau. She also served as co-chair of the Privacy Committee of the Mobile Marketing Association.

Noga received her bachelor’s degree in English and Political Science from Rutgers and a J.D. from Fordham Law School.

 


As Vice President for Policy and Technology, Jurgen Van Staden helps members comply with the NAI Code of Conduct and works with the NAI staff, Board and membership to address policy developments that may impact the Code or the third-party digital advertising ecosystem.  With a strong background in privacy and information security, Jurgen conducts annual compliance reviews (the keystone of the NAI’s self-regulatory program) and provides members guidance on Code-compliant use of non-cookie tracking technologies.

Prior to joining the NAI, Jurgen headed up the New York office for a European Union-based data protection consulting firm where his work focused on transnational data transfer compliance. Jurgen also worked as a Senior Risk Analyst and Cyber Security Attorney for a leading information security services and consulting firm before attending The George Washington University Law School where he earned a Masters in Law.

While at The George Washington University Law School Jurgen focused his LL.M. studies on the intersection of law, technology and policy completing courses in Privacy Law, Cyber Law, Computer Crime, E-Commerce and Digital Copyrights. In addition to his LL.M, Jurgen holds a Masters of Computer Science from the University of Tulsa’s Institute for Information Security and a J.D. from the College of Law.

Originally from South Africa, Jurgen came to the United States on a college tennis scholarship and earned his undergraduate degree in Marketing while competing in NCAA Div. I Tennis.  He is a registered EuroPriSe Seal Legal and Technical expert and holds several federal information security certifications.


Chapell began his career at a boutique direct marketing agency in Stamford, Connecticut in the early 1990’s. After several years at the agency, Chapell took a sabbatical in Mumbai, India. Upon returning to the U.S. in 1996, Chapell moved to New York City and to Jupiter Research, an Internet research firm focusing on the consumer Internet economy. During his 4-1/2 years at Jupiter, Chapell also attended Fordham University School of Law where he focused on human rights and European Union Law.

Alan is the President of Chapell & Associates, a consulting firm that helps marketers build customer trust through responsible privacy practices. Chapell founded Chapell & Associates in October of 2003. Since then, his firm has helped over 100 media and technology companies craft their privacy and data strategy. He was appointed as privacy ombudsman by the U.S. Trustees Office in many of the largest bankruptcy cases in our nations history; including General Motors and Chrysler. In addition to his work as Vice Chairman of the board of the Network Advertising Initiative, Chapell is Co-Chairman of the Mobile Marketing Association’s (MMA) Privacy Committee, a member of the Digital Advertising Alliance (DAA) advisory board, a member of the World Wide Web Consortium (W3C), International Association of Privacy Professionals (IAPP) and a prolific writer and sought after speaker on interactive marketing topics.


Vivek Narayanadas
Rubicon Project
Senior Counsel & Data Protection Officer
Los Angeles, California

Vivek Narayanadas currently serves as Senior Counsel and Data Protection Officer to Rubicon Project, a publicly-traded advertising technology that operates around the globe and processes trillions of transactions each month.  At Rubicon Project, Mr. Narayanadas serves as the principal advisor to the Company on issues related to privacy, data protection, and consumer protection.  In this regard, Mr. Narayanadas designed, implemented, and oversees Rubicon Project’s global data flow compliance structure, designed to ensure compliance with international data protection laws such as the European Union’s Data Protection Directive and General Data Protection Regulation.  Additionally, he serves as Rubicon Project’s liaison with regulators and relevant self-regulatory bodies, and advises senior management, product, sales, engineering, and legal teams on privacy issues related to online behavioral advertising and consumer choice and consent.

Before joining Rubicon Project, Mr. Narayanadas worked as an Associate at Gibson, Dunn & Crutcher, LLP, as a member of the firm’s Privacy and Appellate and Constitutional Law practice groups.  At Gibson Dunn, Mr. Narayanadas represented large multinational clients, including major technology companies, healthcare providers, and educational institutions in a range of litigation and appellate matters, including a number of complex class-action lawsuits alleging violations of various privacy laws.  Additionally, while at Gibson Dunn Mr. Narayanadas regularly counseled clients on issues related to privacy and cybersecurity, helping clients to design breach response plans, revise their privacy disclosures to accurately reflect their data collection practices, and develop mobile apps that properly respected consumers’ privacy interests.  Prior to joining Gibson Dunn, Mr. Narayanadas served as a law clerk to the Honorable D. Brooks Smith of the United States Court of Appeals for the Third Circuit, and to the Honorable Anita B. Brody of the United States District Court for the Eastern District of Pennsylvania.


Noah Levine represents clients in a diverse range of litigation matters, including class actions and appeals. He has defended businesses in consumer class actions under federal banking statutes, federal and state consumer protection laws, and antitrust laws, and litigated data breach, privacy and other complex commercial matters. 

Mr. Levine's litigation practice is divided between appellate and trial work. On the appellate side, he has prepared merits briefs, petitions for certiorari and amicus briefs before the US Supreme Court and numerous federal appellate courts in cases involving arbitration, banking, constitutional, commercial, insurance, intellectual property and securities matters. Mr. Levine has presented oral argument in many of the same cases, in the US Courts of Appeals for the Second, Eighth, Ninth and Federal Circuits. On the trial side, Mr. Levine frequently represents financial institutions in class actions and other complex commercial litigation involving banking, consumer protection, data breach, privacy, intellectual property and constitutional matters.  

Mr. Levine joined the firm in 2002, and is the head of the Business Trial Group. Prior to joining WilmerHale, Mr. Levine was associated with a law firm in Seattle, Washington, and spent one year at the US Department of Justice as a Bristow Fellow in the Office of the Solicitor General.

Representative Matters

Class Actions

  • Representing financial institution in putative class action in bankruptcy court asserting discharge-injunction claims related to charged-off, sold credit card debts
  • Representing financial institution in putative class action asserting federal and state law claims related to the provision of debit cards for juror service payments
  • Successfully defeated class certification in Fair Housing Act matter brought against secondary-market purchaser of mortgage loans
  • Represented company in, and settled, putative class actions asserting various privacy and tort claims related to major cyberattack
  • Successfully defeated putative class action brought by merchant asserting contract-related claims related to payment processing services
  • Represented financial institution in, and settled, putative class action asserting claims under the Fair Credit Reporting Act related to use of consumer reports
  • Successfully defeated putative class actions asserting claims under the Truth in Lending Act and state contract law regarding repricing of credit card debt
  • Successfully defeated putative class action asserting state law claims related to allocation of credit card payments
  • Represented financial institution in, and settled, class action asserting state law claims related to provision of debit cards to prisoners upon release from prison
  • Successfully defeated federal privacy claims in putative class action related to loss of customers' personally identifying information

Appeals

  • Represented bank in appeal from denial of motion to compel arbitration in putative class action asserting discharge-injunction claims in federal bankruptcy court
  • Represented defendant trading firm in appeal from dismissal of claims under the Commodity Exchange Act
  • Successfully represented payment processor in appeal of decision dismissing merchant's putative class-action claims
  • Successfully represented life insurance company in certified class action involving state-law claims related to sales of indexed universal life insurance policies
  • Successfully represented secondary-market purchaser of mortgage loans in interlocutory appeal of district court decision denying certification of a class under Fair Housing Act
  • Successfully represented financial institution in appeal of decision granting motion to compel arbitration
  • Successfully represented national banks in appeal asserting putative class-action claims under the National Bank Act related to credit card late and overlimit fees

Honors & Awards

Mr. Levine was recommended by The Legal 500 United States in 2016 for his dispute resolution and general commercial litigation practice.

 


Andy Dale serves as DataXu’s Senior Counsel and Data Protection Officer and is the director of DataXu’s legal department. A global programmatic software company, DataXu enables marketers to leverage data and analytics to increase the efficiency and effectiveness of customer acquisition. Andy’s legal responsibilities at DataXu are comprehensive and include responsibility for global data privacy and compliance with industry guidelines for interest-based advertising.   Prior to his role with DataXu, Andy was a member of the legal team at TD Ameritrade and advised business units with respect to interest-based advertising issues, data privacy and commercial contracts.  Andy received his BA from Colgate University, his JD from University of Baltimore and holds the CIPP/US data privacy certification.


Megan Cox is an attorney with the Federal Trade Commission, Bureau of Consumer Protection, Division of Privacy and Identity Protection in Washington, D.C.  Her work in the Division focuses on enforcement and policy matters involving consumer privacy and data security.  She is also a member of the Division’s Identity Theft Team.  Ms. Cox is a graduate of the University of Notre Dame and Boston College Law School.


Rachel Glasser is the Director of Digital Privacy and Partner Activation at GroupM, the world’s leading media investment agency. Focusing on data use in online marketing, compliance with privacy laws and regulations, and educating internal teams and clients about data privacy, Rachel comes to GroupM after working on the agency side managing media for clients. She has more than 10 years’ experience where she managed paid search and social media across a variety of clients and verticals. Rachel has also worked with the Office of the Attorney General of the State of New York - Internet Bureau, Nielsen, and with the ESRB Privacy Certified, a COPPA Safe Harbor. Rachel has a Bachelor of Arts in politics from Brandeis University and a Juris Doctor from Brooklyn Law School. She is admitted to practice law in New York and New Jersey and is a CIPP/US.


Colin is a veteran privacy technologist and entrepreneur, currently serving as Founder and Principal of The Lucid Privacy Group, and Founder and CEO of PLOW, a content curation platform.  Colin was a Co-Founder and Chief Strategy Officer of Ghostery, where he lead product strategy and global policy throughout it’s formative years.  He was previously VP of Strategic Partnerships & Programs at TRUSTe, and part of the executive team that lead the transition of the then trade association into a commercial enterprise with its first round of founding from Accel Partners.


I am a Managing Counsel in Oracle’s Privacy and Security Legal group. I serve as a senior adviser to business and executive management, and provide legal counsel and analysis on a broad range of technology and privacy matters. Such matters include domestic and international data protection and privacy laws, processing of customer data and personal information, data security, cross-border data flows, interest based advertising, ad delivery and reporting, cloud computing, technology licensing agreements, and privacy regulation and enforcement. My role supports all of Oracle’s global functions and broad product and service portfolio.

I regularly engage in the following:

• counsel executive management, sales and legal in connection with customer and partner transactions and frequently negotiate with Oracle customers
• evaluate new or evolving use cases and privacy issues related to digital marketing, interest based advertising and ad delivery and reporting
• collaborate with internal groups on a variety of internal projects, including cloud hosting operations, global information security, legal, global business practices, product management, marketing and human resources
• evaluate product development initiatives to ensure compliance with privacy-by-design principles
• participate in due diligence in connection with corporate acquisitions
• manage audits and respond to inquiries from government and industry regulators
• assist in drafting commercial contracts, partner agreements, and internal and external privacy and information security policies.