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Think Like a Lawyer, Talk Like a Geek 2016: Get Fluent in Technology


Speaker(s): Chris Osterwood, David W. Opderbeck, Duncan Campbell, Ewa M. Abrams, James Q. Walker, Jon Neiditz, Jonathan T. Kaplan, Joseph C. Guagliardo, Joseph J. Lewczak, Kaylin Whittingham, Lori E. Lesser, Mark D'Agostino, Matthew Haies, Nina G. Kilbride, Patrice S. Ettinger, Peter Brown, Renard Francois, Timothy Ryan
Recorded on: Nov. 18, 2016
PLI Program #: 149321

Professional Activities:

Ewa Abrams is Vice President - Associate General Counsel & Chief Privacy Officer of Tiffany & Co. Her work at Tiffany spans a wide variety of practice areas including corporate transactional; intellectual property and unfair competition; data privacy and security; internet and technology, advertising and media law; and regulatory and compliance matters. She is lead counsel responsible for the company’s commercial trade and technology agreements and further has responsibility over all aspects of the management of Tiffany’s worldwide intellectual property matters, including licensing, internet-related issues, advertising and social media. In her role as Chief Privacy Officer, she is manages worldwide privacy compliance for the company, including implementing compliance programs and identifying, evaluating and managing risks associated with enterprise data privacy and information management.

Ms. Abrams is an Adjunct Professor at Fordham University Law School, where she teaches a Business Law course / internship practicum.

Board Affiliations / Committees: 

Ms. Abrams served on the Board of Directors of the International Anti-Counterfeiting Coalition (c.2010- 2016) and its Executive Committee (c.2014-2016); the Advisory Board of the Center for Anti- Counterfeiting and Product Protection at Michigan State University (c. 2012-present); the New York City Bar Committee on Trademark Infringement & Unfair Competition (2016); the National Retail Federation Committee on Data Privacy & Cybersecurity (c. 2012-present) and the National Retail Federation / EuroCommerce Joint Task Force on the EU General Data Protection Regulation (2016- present).

Education:

Ms. Abrams received her Juris Doctor from Brooklyn Law School in New York (2003) and her Bachelor’s of Arts from Bucknell University in Pennsylvania (cum laude (2000)).

Speaking Engagements:

Ms. Abrams has previously presented on numerous intellectual property rights and data privacy issues for the International Trademark Association, Practicing Law Institute, the New York County Lawyers’ Association, New York City Bar, Federal Bar Association, Association of Corporate Counsel, Benjamin N. Cardozo School of Law, Fordham Law School, as well as other anti-counterfeiting, brand protection and data privacy forums (c.2004-present).


Primary Areas of Practice: Corporate

 

Law School/Graduate School: Wake Forest University School of Law

 

Work History: Nina has 18 years experience in commercial litigation that she applies to developing industrial grade solutions for data-driven relationships

 

Professional Memberships:

Admitted to practice, NC, SC, GA.

North Carolina Bar Association

Legal Hackers


Chris Osterwood, Chief Technical Officer of Carnegie Robotics, joined the Pittsburgh start up in 2011 with years of experience as a robotics engineer.  He has lead the development of many of Carnegie Robotics' robotic component products and custom robotic systems including MultiSense (a line of 3D stereo cameras), smart monocular and ring cameras, purpose-built manipulators, off-road unmanned ground vehicles, and indoor autonomous robots.

His ability to conceptualize and bring to fruition new ideas in robotics components and systems has helped make Carnegie Robotics a stand out in the robotics community.  He guides many of Carnegie Robotics’ industry partnerships and leads developments of customized versions of the MultiSense and downstream software for particularly demanding and high volume markets including infrastructure mapping and assessment, resource mining, and agricultural applications.

Prior to joining CRL, Chris was a Senior Engineer and Product Manager at RedZone Robotics Inc. where he led the engineering and product development for several highly successful sewer inspection robots including Solo, the first commercially available autonomous sewer robot.

One US patent has been issued covering his work at RedZone and several covering new technology developed at Carnegie Robotics are pending.  Chris earned his Mechanical Engineering from Carnegie Mellon University.


James Walker concentrates in government investigations and enforcement proceedings, complex commercial litigation, professional liability and legal ethics.  Mr. Walker represents companies and senior executives in investigations of potential violations of the securities laws, and law firms and lawyers in litigations and proceedings involving investigations of criminal, regulatory and/or professional misconduct claims.  Mr. Walker is the Chair of the New York County Lawyer’s Association Professional Ethics Committee.  He has served on the New York City Bar’s Professional Discipline, Professional and Judicial Ethics, Professional Responsibility, and Securities Regulation Committees, and on the New York State Bar Association Committee on Professional Ethics, where he has been a member since 1996.  Mr. Walker frequently lecturers on legal ethics, internal investigations and corporate governance, and has published articles addressing on attorney-client privilege, professional ethics, and issues arising under the securities laws.  Mr. Walker also serves as General Counsel to Richards Kibbe & Orbe LLP.


Jonathan Kaplan is Principal at Kaplan IP Law in Washington State. Before founding the firm in 2003, Mr. Kaplan gained over 10 years of experience at large top-tier IP practices.  Throughout his 25 year career as an IP attorney, he has leveraged his graduate training in electrical engineering and computer science by focusing on high technology patents. 

As a lawyer, Mr. Kaplan has dealt with a broad range of technologies, including: robotics, neuron-level man-machine interfaces, artificial intelligence, natural language processing, computer networks, and sophisticated business methods.  Mr. Kaplan counsels companies in high technology industries, companies using technology in innovative ways, and investment firms seeking IP advice or due diligence.


Joseph C. Guagliardo is a partner at Pepper Hamilton LLP in the firm’s Philadelphia and New York offices where he is co-founder of the Technology Group and chair of the firm’s blockchain practice.  His practice focuses on commercial intellectual property and technology transactions and general counseling of businesses and individuals with respect to legal matters involving Internet, e-commerce and emerging technologies.

Mr. Guagliardo has extensive international business and legal experience, formerly as a financial technology executive and now in his capacity as an attorney. He has provided intellectual property and technology-related counseling to clients around the world, across many industries, and in connection with a wide variety of subject matter ranging from traditional print media to high-tech software, hardware and life sciences matters. Before joining the firm, Mr. Guagliardo was an attorney in the intellectual property/information technology practice group of a large Philadelphia law firm. Prior to that, Mr. Guagliardo spent more than a decade working in the Fintech industry serving in various technical and business roles, including a senior management-level position overseeing a global team of software engineers and technology consultants and a position as director of legal affairs for an international Fintech software company.

He is a frequent speaker and writer on topics involving blockchain and smart contracts.


Joseph Lewczak is a partner in the Advertising, Marketing & Promotions; Entertainment, Media & Sports and Intellectual Property Practice Groups of Davis & Gilbert, and one of the country’s leading experts in advertising, marketing and promotions laws. He has extensive experience in representing a wide range of advertising and promotions agencies, advertisers and media companies on a broad array of issues relating to advertising, promotions, social media, native advertising and intellectual property. He is the founder and lead guitarist for the firm’s rock band, Generator Honey, two-time winner of the Advertising Week Battle of the Ad Bands. 

Mr. Lewczak has been recognized as a leading lawyer for advertising law by Chambers USA: America’s Leading Lawyers for Business for nine consecutive years (2008-2016).The Legal 500 United States directory has also recognized him for eight consecutive years (2009-2016) in the area of advertising and marketing. In addition, Mr. Lewczak has been recognized by The Best Lawyers in America in advertising law (2011-2017) and in media law (2017) and was named the 2017 Media Law “Lawyer of the Year” in New York City. He was also selected as a Super Lawyer by New York Metro Super Lawyers (2013-2015).

Mr. Lewczak takes a practical approach to advising his clients, always ensuring that deals are completed as quickly and efficiently as possible while limiting accompanying risk exposure. His extremely broad knowledge base and his expertise are invaluable in helping clients navigate the converging landscape of traditional, digital, social and mobile media. His considerable experience includes advising on all aspects of legal compliance on advertising and promotions issues, and he frequently helps his clients create successful and legally compliant complex games of chance and skill. He is an expert in drafting and negotiating a wide array of agreements including talent agreements, all manner of licensing agreements, and media buying and traditional agency services agreements. 

Mr. Lewczak is a frequent public speaker on advertising, marketing, promotions and social media issues, and he has written extensively on these topics.

Mr. Lewczak served as an adjunct professor at New York Law School, where he taught advertising, marketing and promotions law. Prior to joining Davis & Gilbert, he was the director of legal affairs at EMI-Capitol Music Group North America and a corporate attorney at Willkie Farr & Gallagher LLP.


Kaylin L. Whittingham is the founder and managing attorney of Whittingham Law—a Legal Ethics and Investment-Based Immigration firm. Prior to private practice, Ms. Whittingham served as Staff Counsel at the Departmental Disciplinary Committee, First Judicial Department; and before that was Staff Attorney at the Mental Hygiene Legal Services in the First Department. Ms. Whittingham is a former Judicial Intern to the Honorable Dolores K. Sloviter, United States Court of Appeals for the Third Circuit, and the Honorable Milton Tingling, Supreme Court for the State of New York, New York County.

Ms. Whittingham serves as the President of the Association of Black Women Attorneys (ABWA).  She sits on the Board of Advisors for the American Immigration Lawyers Association (AILA) Ethics Compendium and is the Secretary of the Ethics and Unauthorized Practice of Law Committee for the) New York Chapter. She serves on the Network of Bar Leaders (NOBL) Executive Council; the New York State Bar Association (NYSBA) House of Delegates, Committee on Professional Ethics, and Committee on Leadership Development; the New York City Bar Association (CityBar) Committee on Professional Discipline and the Committee on Minorities in the Profession. Ms. Whittingham is the recipient of the 2016 Black Women of Influence (BWOI) Trailblazer Award. She is a frequent CLE presenter at bar associations, law firms, and other organizations.

Ms. Whittingham earned her Law degree at Northeastern School of Law, where she was a member of the Northeastern Law Journal. She holds a bachelor degree in Economics from the City University of New York (CUNY) and another in Literature from the University of the West Indies (UWI). Ms. Whittingham is admitted to practice in New York, New Jersey, and the United States District Court for the District of New Jersey.


Lori Lesser is a Partner at Simpson Thacher & Bartlett LLP, where she practices in the Litigation Department and is Head of the Intellectual Property Transactions Practice and Co-Chair of the Privacy and Cybersecurity Practice. Lori advises on all aspects of intellectual property, technology and privacy law, including corporate transactions, litigation, licensing, outsourcing, strategic agreements and counseling.

Her IP transactional experience includes mergers and acquisitions, securities offerings and secured financings, bankruptcy and restructurings, joint ventures, licensing, outsourcing, counseling and other strategic agreements. Her IP litigation practice comprises trial and appellate work and WIPO arbitrations.

Ms. Lesser is also consistently recognized by Chambers USA, The Legal 500 and The Best Lawyers in America, for which she has been named the “Information Technology Lawyer of the Year” for New York City. She has been listed in the “Top 50 Under 45” U.S. IP Lawyers (IP Law & Business magazine), the “Top 45 Under 45” U.S. women lawyers (The American Lawyer), and “The 20 Most Influential Women in IP Law” (Law360). She has been ranked in New York City’s top 100 lawyers and top 50 women lawyers by Super Lawyers. She has received the Burton Award for legal writing and the Award of Excellence from Volunteer Lawyers for the Arts. Her IP work in private equity deals has been featured on the cover of IP Law & Business.

Ms. Lesser has served as a David Rockefeller Fellow for New York City and corporate partner for GreaterNY and serves on the boards of the Partnership Fund for New York City and the Citizens Budget Commission. She is President of the Harvard Law School Association of NYC and serves on the Executive Committee of the Harvard Class of 1988. She is on the Advisory Board of ChIPs (chief IP counsel), the Business Advisory Council of ProPublica, the Leadership Council of Barnard’s Athena Center for Leadership Studies, and the Hunter College Pre-Law Advisory Board. She is a Fellow of the Foreign Policy Association.

Ms. Lesser graduated from Harvard University (A.B., magna cum laude and Phi Beta Kappa, 1988) and Harvard Law School (J.D., cum laude, 1993).


Peter Brown has focused on technology law matters in national law firms and boutiques for over 25 years. He is currently the principal of Peter Brown & Associates PLLC, a New York boutique law firm concentrating in information technology, intellectual property and arbitration.

“The Best Lawyers in America” ® publication honored him as the “Lawyer of the Year” in Information Technology Law 2018 for New York City.

Mr. Brown has experience in a wide variety of litigations and arbitrations relating to the Internet, information technology and intellectual property. He regularly appears in both federal and state courts throughout the United States. In addition, Mr. Brown has acted as an arbitrator or mediator in over 70 matters involving IT and IP disputes.

Throughout his career he has drafted and negotiated a broad array of agreements relating to the Internet, outsourcing, cloud computing services, application software, Internet apps and e-commerce.  He has prepared these agreements for domestic businesses and international companies.

Mr. Brown co-authored the leading treatises Emerging Technologies and the Law and Computer Law. He also co-authors a monthly column on Information Technology Law for the New York Law Journal.

Mr. Brown is regularly featured as a speaker at the International Technology Law Association, local bar associations and other professional organizations in the US and abroad. He frequently speaks on the topic of artificial intelligence, IT and IP.

The Best Lawyers in America 2019 edition (affiliated with U.S. News & World Report), rated Peter Brown & Associates PLLC a First Tier National Technology Law firm. Chambers USA, New York Metro Superlawyers and other ratings organization have all given Mr. Brown high ratings in the fields of IT and IP. For further information see www.browntechlegal.com


Position/Title: Director

 

Firm or Place of Business: ConsenSys Enterprise

  

Primary Areas of Practice: Consulting

 

Law School/Graduate School:

 

Work History:


Deloitte 09/2009-03/2016

ConsenSys 03/2016 - present

 

Professional Memberships: AICPA


Position/Title: Partner / Co-leader of Cybersecurity, Privacy and Data Governance Practice

 

Firm or Place of Business: Kilpatrick Townsend & Stockton LLP
 

Primary Areas of Practice: Cybersecurity, Privacy and Data Governance Law School/Graduate School: Yale Law School

Work History: Jon Neiditz co-leads the Cybersecurity, Privacy and Data Governance Practice at knowledge asset protection law firm Kilpatrick Townsend & Stockton LLP, is listed as one of the Best Lawyers in America® in Information Management Law and has just been listed as the 82nd most influential person in the world in data security (which simply must be wrong). One of the first lawyers to focus broadly on data governance and knowledge asset protection, Jon helps clients anticipate and obviate information risks, appropriately monetize information, comply with information laws, and contain, prevent harm from and obtain coverage for incidents. Jon blogs at datalaw.net and linkedin.com/in/informationmanagementlaw, and tweets as @jonneiditz.

 

Professional Memberships:

 

Board of Advisors, Privacy + Security Forum

 

Co-Chair, ITechLaw Data Protection Committee

 

Privacy & Consumer Protection Editorial Advisory Board, Law360 Privacy Editorial Board, eHealth Law & Policy

IAPP (International Association of Privacy Professionals)


Professor Opderbeck’s work focuses on the regulation of access to scientific and technological information. His published work has employed the tools of game theory, classical microeconomics, and statistical analysis to address issues such as settlements in Hatch-Waxman litigation, cybersecurity policy, intellectual property restrictions on essential medicines in developing countries, open source biotechnology, patent damages reform, and the interaction of law and social norms concerning music file sharing.

Professor Opderbeck’s interest in cybersecurity law and policy included a multi-year grant-funded project sponsored by the Bergen County, New Jersey Prosecutor’s Office, which included new courses, continuing legal education programs, and the creation of a governmental working group on cybersecurity and cybercrime.  The governmental working group recently worked on a new online child pornography bill that was signed into law by Governor Christie.  Professor Opderbeck frequently lectures to law enforcement agencies and other groups on cybercrime, cyberterrorism, and civil liberties.

In addition to his traditional legal scholarship, Professor Opderbeck is interested in the philosophical and moral foundations of information policy and other aspects of the law. He has written on ethical, philosophical and theological issues in law and jurisprudence, and currently is completing a doctorate in philosophical theology regarding the intersection of neuroscience and the law.

Professor Opderbeck maintains a website relating to his work at http://www.davidopderbeck.com.


Timothy P. Ryan is a Principal in the Fraud Investigation & Dispute Services practice of Ernst & Young LLP where he assists clients in responding to, investigating, and remediating cyber incidents. Prior to joining EY, Tim led the Cyber Security and Investigations practice of an international risk consultancy. Tim also previously had a distinguished career as a Supervisory Special Agent with the Federal Bureau of Investigation (FBI), where he supervised the largest Cyber Squad in the United States. An expert in responding to all forms of computer crime, attacks, and abuse, Tim has led complex cyber investigations involving corporate espionage, advanced computer

intrusions, denial of service, insider attacks, malware outbreaks, Internet fraud, and theft of trade secrets. Tim also served as Acting Director of the FBI’s New Jersey Regional Computer Forensics Lab, one of the nation’s largest, state-of-the-art digital forensic laboratories. As a member of the FBI’s elite Computer Analysis and Response Team, Tim also conducted computer forensic examinations on behalf of federal, state, and local authorities.

Tim has provided cyber expertise to state and local law enforcement on investigations of crimes, including homicides, stalking, missing children, cyber-bullying and internal affairs. A certified FBI instructor, he developed a cyber-based curriculum and trained hundreds of law enforcement and private professionals in evidence acquisition, security policy and implementation, breach response and mitigation, hacker methodology and employee Internet safety.

Tim was an adjunct professor at Seton Hall University School of Law where he taught cyber crime and cyber security to law students, prosecutors, defense attorneys and homeland security professionals. Tim has been interviewed and quoted by numerous media outlets, among them The Wall Street Journal, CNN, Newsweek, CBS, NBC Nightly News, BBC, CNBC, The Today Show, ABC, Washington Post, and USA Today.

Before joining the FBI, Tim was an accomplished attorney in private practice in Arizona. Earlier, he served as Military Police with the U.S. Army during Operation

Desert Shield and Desert Storm, for which he was awarded multiple commendations for service and actions on duty.

Education

J.D. Rutgers University School of Law

M.S. Information Technology and Information Assurance, University of Maryland

B.A. Political Science, Kean University

Certification

Global Certified Incident Handler (GCIH)

FBI Computer Analysis Response Team (former)

FBI Instructor (former)

Licensed to practice law in NJ and AZ


As Senior Vice President, General Counsel of Xaxis, Matthew Haies oversees the worldwide legal strategy of the world’s largest programmatic media and technology company.  He also serves on the Board of Directors of the Network Advertising Initiative, a leading self-regulatory association dedicated to responsible data collection and use for digital advertising.

Prior to Xaxis’s merger with 24/7 Media, Matt served as Vice President, General Counsel of 24/7 Media and was instrumental in executing the merger between the companies. Matt came to 24/7 Media from AppNexus, where he initially served as General Counsel, building the company’s legal organization from scratch, and later served as Vice President of Privacy Strategy. Prior to that, Matt co-founded and led a privacy-focused start-up venture. He previously served as Senior Counsel at Google, where he was the lead attorney for the company’s DoubleClick division and Invite Media subsidiary. Matt was formerly a corporate attorney at Kramer Levin Naftalis & Frankel, where he specialized in mergers and acquisitions, securities, and corporate governance.

Matt earned his Bachelor’s degree, cum laude, from Duke University and his J.D. from NYU School of Law.


In February 2016, Renard François was named GE’s Global Chief Privacy Officer with responsibility for both privacy and data rights management.  Renard leads the privacy practice group across GE; supports GE’s corporate functions, including human resources, labor & employment, IT, and litigation teams; and coordinates with the Government Affairs & Policy team on relevant issues.  Before becoming Chief Privacy Officer, he was GE Capital’s Chief Privacy & Data Protection Counsel.  In this role, Renard provided legal support, chaired GE Capital’s Privacy & Data Protection Committee, and oversaw the development and implementation of GE Capital’s privacy and data protection policies, standards, and practices globally.

Prior to joining GE Capital, Renard spent four years at Caterpillar Financial Services Corp. in Nashville, Tennessee, where he provided global, legal support in the areas of privacy and data protection, economic sanctions, AML, and anti-bribery.  From 2008-2010, Renard worked in Caterpillar Inc.’s Law and Public Policy Division as the Privacy and Data Protection subject matter expert for its global operations and helped to establish the company’s privacy and data protection governance structure.

In 2001, Renard started his legal career at the U.S. Federal Trade Commission in Washington, DC, as a staff attorney in the Division of Marketing Practices and then became an Advisor to the Director of the Bureau of Consumer Protection.  During his career at the FTC he litigated cases brought under Section 5 of the FTC Act and worked on policy matters including privacy, the CAN SPAM Act, and identity theft.  After working at the FTC, Renard was an associate at Bass, Berry & Sims, PLC in Nashville, TN, where he litigated in federal and state courts, advised clients on privacy and intellectual property issues, and worked on internal investigations and regulatory audits.

Renard earned a B.A. in history from the University of Pennsylvania, his law degree from the George Washington University Law School, and has an LL. M. in Information Technology and Privacy Law. For seven years he served on the U.S. Department of Homeland Security’s Data Privacy and Integrity Advisory Committee.


Patrice Ettinger is the Chief Privacy Officer at Pfizer, one of the world's premier innovative biopharmaceutical companies with a global reach in over 125 countries.  In this role, Patrice leads Pfizer’s privacy program with responsibility for privacy and data protection strategy worldwide. Before joining Pfizer, Patrice was Chief Privacy Officer at Avon Products Inc., where she created Avon’s first global privacy program.  Prior to her role at Avon, Patrice held positions of increasing responsibility at Dow Jones & Company, including as Assistant General Counsel in charge of the company’s intellectual property and privacy matters.

Patrice serves as Treasurer on the Board of Directors of the International Association of Privacy Professionals (IAPP).  In addition, Patrice is Chairperson of the International Pharmaceutical & Medical Device Privacy Consortium, an organization focused on privacy best practices for the pharmaceutical industry and public policy for privacy and healthcare. 

Patrice is the 2019 recipient of the Women in Compliance (WICA) Award for Privacy Officer of the Year.  She is a Certified Information Privacy Professional (CIPP/US) and received her JD from Fordham Law School.


As Head of US Data Privacy Compliance at Barclays Mr. Campbell is responsible for Investment Bank, Corporate Bank, and Barclaycard privacy compliance programs.  He has developed compliance programs for these unique businesses while maintaining consistency of enterprise privacy controls.  Mr. Campbell was a former litigator before moving into the Citigroup Data Privacy Office where he managed projects and applications created within the Institutional Clients Group.  He then joined the Data Protection office at EY where he managed asset loss breach response, owned vendor data privacy due diligence, and supervised the EY Safe Harbor program participation before moving to Barclays.