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Cloud Computing 2016: Key Issues and Practical Guidance


Speaker(s): Eric Tilds, Francoise Gilbert, Janine Anthony Bowen, John P. Hutchins, Mary Ellen Callahan, Merri A. Baldwin, Paul G. Karlsgodt, Steve Spears, Tanya L. Forsheit
Recorded on: Jun. 10, 2016
PLI Program #: 150651

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


Eric Tilds joined Logicalis in 2011, and was named Executive Vice President & General Counsel for Logicalis US in 2013.   He leads the company's Legal Services Group and is responsible for the company's legal work, compliance and risk management.  Additionally, he oversees the Information Security and Compliance Group for Logicalis US.  He also serves as Logicalis’ corporate secretary.

Eric has nearly twenty years of experience as a general counsel to technology companies.  Immediately prior to joining Logicalis, he was Vice President, Legal & Administration for Netarx, LLC, where he oversaw all operational functions during a twelve-year period of explosive growth, including legal, purchasing, human resources, administration and vendor relations.  Before Netarx, Eric worked as a consultant for both Arthur Andersen LLP and PricewaterhouseCoopers, servicing a broad array of Fortune 500 clients.

Eric holds a bachelor’s degree in economics from the University of Michigan and both law and MBA degrees from Wayne State University.  He and his wife Cary have two children and live in suburban Detroit.


Francoise Gilbert focuses her practice on U.S. and global data privacy and cybersecurity in a wide variety of markets, including, among others, compliance with the European Union General Data Protection Regulation (GDPR) and other EU data protection laws, big data, cybersecurity, connected devices, intelligent vehicles, artificial intelligence, robots and other emerging technologies.

She counsels clients on complex issues related to evaluating and strategically managing privacy, security, and e-business risks. She assists in the design of product and services to help meet the company’s objectives within the constraints of compliance requirements; the development of compliance programs to meet data protection laws in a variety of markets, including the EU, Asia/Pacific, Middle East / Africa, and the Americas. She also advises clients in the development of internal programs to help drive a culture of privacy across entire organizations; product development strategies aimed at meeting the privacy-by-design and security-by-design principles; and addressing privacy and security in mergers and acquisitions, and other corporate and commercial transactions.

A sought-after speaker, Francoise Gilbert has been featured on numerous panels throughout the United States and internationally on privacy, security, the EU General Data Protection Regulation (GDPR), global privacy programs, cloud computing, connected objects, smart cities, robot law, risk management, outsourcing, information technology, and e-business law by industry groups, bar associations and trade associations.

In addition, Ms. Gilbert is the author of the leading two-volume treatise "Global Privacy and Security Law" which covers in depth the privacy and data protection laws of 68 countries on all continents. She has written numerous chapters in collective works and has published hundreds of articles in peer-reviewed publications, professional journals and magazines on privacy, security, emerging technologies, compliance, cybercrime, outsourcing, workplace privacy, information law, data governance, Internet law, eCommerce, children protection, and comparative law.

Concentrations

  • Information privacy and security, US and international
  • Artificial intelligence
  • Big data, data analytics
  • Interest-based advertising
  • Internet of Things, connected objects, intelligent vehicles, smart cities
  • Complex technology licensing; cloud computing; outsourcing
  • Blockchain


Janine Anthony Bowen's technology-focused practice is on the front lines of innovation. An industrial engineer and forward-thinking counsel, she has earned a solid reputation for her aptitude with technology and intellectual property agreements, privacy and data protection, cloud computing, mobile commerce, and licensing and acquisition -- areas that benefit from her impressive background, including serving as a program manager at IBM and a senior consultant at Accenture. Her comfort with complex issues makes Janine a trusted advisor for clients negotiating technology-related deals with Fortune 500 companies, as well as those in need of intelligent analysis, cost control, strategic growth advice and thought leadership.

Janine's clients aren't the only ones who've taken notice of her strengths: In 2017, she became the first woman to receive the highest honor bestowed by Clemson University's College of Engineering, Computing and Applied Sciences, when she was inducted into the Thomas Green Clemson Academy of Engineers and Scientists.

Select Experience

  • Serving as lead counsel for a $100M ERP software and cloud services acquisition.
  • Serving as lead counsel for a $125M education technology and services business.
  • Serving as lead technology counsel on a $75 million ERP application management outsourcing.

Recognitions

  • The Best Lawyers in America© (2018)
    • Atlanta: Technology Law
  • Thomas Green Clemson Academy of Engineers and Scientists: Inductee (2017)
  • Clemson Alumni Association Distinguished Service Award (2016)
  • Leadership Atlanta: Class of 2011
  • Leadership Georgia: Class of 2009
  • Georgia Trend Magazine, "Legal Elite" (2008)
  • CloudU Certificate


John P. Hutchins is a seasoned technology lawyer who represents businesses in commercial and IP litigation, technology transactions, intellectual property and privacy and data security. He regularly works with clients on issues related to cloud computing, outsourcing, hosted services, technology licensing, systems and services procurement and project implementation.  He is recognized by Best Lawyers in America as a leading lawyer in the area of Information Technology, and he has been quoted regarding tech issues by news outlets such as National Public Radio, ForbesComputerWorld, the Atlanta Journal-Constitution and Law360.

Law School/Graduate School

 University of South Carolina


Primary Areas of Practice: Commercial law, technology, compliance

Law School/Graduate School: University of Chicago Law School

Steve joined Accenture in 2008 and is currently Senior Counsel for Offerings and Services Regulatory Compliance, where he advises leadership on regulatory compliance issues worldwide for a variety of business offerings including IT infrastructure, digital sales, energy services, and HR services. Prior to this role, Steve led a team of five lawyers supporting clients in the banking and payments processing industries.

Steve has focused on technology law matters for more than 25 years, both in-house and in private practice. Before Accenture, he served as lead counsel for the IT Outsourcing Division of Acxiom Corporation, and before that as counsel at Motorola in mobile data and cellular technology divisions. In private practice, Steve was an Associate in the Intellectual Property Department of Winston & Strawn. A graduate of Williams College and the University of Chicago Law School, Steve is admitted to practice law in Illinois.


Tanya L. Forsheit is Chair of the Privacy & Data Security Group of Frankfurt Kurnit Klein & Selz, and a partner in the Technology & Digital Media, Litigation, and Advertising, Marketing & Public Relations groups, based in Los Angeles. She has advised on high-profile matters involving confidential data and other sensitive information for over 20 years. She represents multinational and emerging companies in the media, entertainment, consumer products, technology, advertising, health and wellness, and professional services industries, and serves as go-to outside privacy counsel for numerous organizations. She advises on the protection, processing and monetization of data, including matters related to interest-based advertising, privacy policies, mobile apps, cloud computing, smart devices, and data analytics. She has advised on hundreds of information technology deals and transactions on behalf of both service providers and enterprise purchasers, including multilayered AdTech and cloud computing agreements. She is routinely called upon to help clients respond to time-sensitive security events and has advised on hundreds of such incidents. She has assisted dozens of organizations with successful application for EU-US Privacy Shield certification, and is working with numerous multinational clients to prepare for unprecedented changes to privacy practices and programs required by the EU General Data Protection Regulation. In January 2018, she was named by the Daily Journal as one of the top 20 Cyber attorneys in California, and was one of three finalists for the Los Angeles Business Journal’s Cybersecurity Lawyer of the Year recognition in 2017. She is currently an Adjunct Professor at Loyola Law School, where she is teaching EU Cybersecurity & Data Privacy Law in the Spring of 2018.

Her representative matters include:

  • Advised on hundreds of information technology deals and transactions on behalf of both service providers and enterprise purchasers, including due diligence for, and negotiation and drafting of terms for, cloud computing agreements involving the sharing of sensitive information and other IT outsourcing transactions;
  • Counseled hundreds of clients on implementation of programs, policies and procedures for purposes of complying with applicable laws and best practices, including but not limited to international laws such as the forthcoming European General Data Protection Regulation (GDPR); federal laws like the Telephone Consumer Protection Act, the CAN-SPAM Act, the Children’s Online Privacy Protection Act (COPPA), and the Gramm-Leach-Bliley Act (GLBA); and state laws including California’s Online Privacy Protection Act (CalOPPA) and Shine the Light law and Massachusetts’ data security regulations;
  • Represented clients across industry sectors in connection with more than 100 data security breaches involving consumer data, employee information and other sensitive information;
  • Drafted and updated several hundred privacy policies for websites, mobile apps and smart devices, including wearable technology;
  • Assisted dozens of organizations on application for EU-US Privacy Shield certification;
  • Represented nearly a dozen clients in litigating and/or resolving disputes under the Telephone Consumer Protection Act, including successfully defeating class certification in December 2015 on behalf of a healthcare technology company in a privacy class action in which plaintiffs sought recovery of more than $40 million for alleged unlawful transmission of faxes relating to HIPAA compliance.

Chambers USA, IT Law Experts, Who’s Who Legal, and Super Lawyers have all praised Ms. Forsheit for her privacy, data security and technology work, and the Los Angeles Daily Journal has twice included her in its list of “Top Women Lawyers.” Ms. Forsheit lectures widely on technology law topics and has been quoted on privacy and data security in publications such as the Los Angeles Times, Forbes, ComputerWorld, Venture Beat, and Law360.

The International Association of Privacy Professionals (IAPP) has certified Ms. Forsheit as both an Information Privacy Professional (CIPP/US) and Privacy Technologist (CIPT). Ms. Forsheit is a past President of the Women Lawyers Association of Los Angeles; and is a member of the American Bar Association: Science and Technology Law Section; the Los Angeles County Bar Association: Entertainment Law and Intellectual Property Section (ELIPS), Executive Committee; and the California Bar: Business Law Section, Cyberspace Committee.

Ms. Forsheit graduated from Duke University (AB, cum laude, 1994) and the University of Pennsylvania Law School (JD, 1997). Prior to joining Frankfurt Kurnit, she was a partner with BakerHostetler, and a founding partner of InfoLawGroup LLP, one of the nation’s leading privacy and data security boutiques.


Paul Karlsgodt is the national leader of BakerHostetler’s national Class Action Defense practice team, with particular focus on data privacy and consumer class actions. He has represented companies in the insurance, healthcare, retail, energy and telecommunications industries in numerous nationwide and statewide consumer class action lawsuits and related litigation.

Paul is editor and primary contributor to the legal blog, ClassActionBlawg.com, which covers a variety of class action-related issues, including decisions, trends, best practices, news and reform, both in the U.S. and throughout the world. He is an active member of the Class Actions and Derivative Suits (CADS) Committee of the ABA Section of Litigation, chairing the Regional Meetings subcommittee.  Paul has defended clients in class action lawsuits arising out of some of the largest ever data security incidents as well as other class actions involving alleged violations of privacy rights.

Education

J.D., University of Denver Sturm College of Law, 1997

B.S., Purdue University, 1993

Classes/Seminars

  • Chair of the annual ABA Western Regional Program on Class Actions and Mass Torts
  • Presenter at webinar on “TCPA Class Actions: Pursuing or Defending Claims over Phone, Text and Fax Solicitations” (April 2017)
  • Speaker at seminar on “Cloud Computing 101: Key Issues and Practical Guidance” (May 2017)
  • Speaker at Federal Bar Association Annual Convention (September 2017)

Honors and Awards

  • Trailblazer in CyberSecurity and Data Privacy by the National Law Journal in 2015
  • Law360 MVP in the area of privacy law for 2014 and 2015
  • Chambers USA: Litigation: General Commercial in Colorado (2016, 2017)
  • Colorado “Super Lawyer” (2011 to 2017)


Mary Ellen Callahan, Chair of Jenner & Block’s Privacy and Information Governance Practice, has unique and broad experience with interfacing the protection of privacy with cybersecurity and national security issues. A nationally recognized privacy attorney with over a decade of outside counsel experience, she served as Chief Privacy Officer of the U.S. Department of Homeland Security from 2009 until August 2012. She is a prolific writer and speaker on cutting edge commercial privacy issues.